Sheriff’s office settles with deputy for $22K
Published 9:19 am Thursday, October 24, 2019
BEND — Lawyers settled a lawsuit against the Deschutes County Sheriff’s Office alleging it did not follow a law mandating preference for disabled military veterans in promotion decisions.
Plaintiff David Crump, a patrol deputy, this week received a check from the county for $22,500.
Despite the legal victory, Crump told the Bend Bulletin he thinks Sheriff Shane Nelson will never advance him professionally because of the lawsuit.
“At this point, I have nothing to lose. I know I’ll never be promoted,” Crump said. “A lot of guys have been fired because they’ve disagreed with Sheriff Nelson.”
Nelson responded to Crump’s remarks with a statement similar to one he’s used with terminated employees.
“I expect our teammates to be in line with our mission and values,” Nelson wrote in a statement emailed to The Bulletin. “Those who aren’t in line with our mission and values won’t work here.”
An Oregon law enacted in 2007 mandates that public agencies grant preference to veterans and disabled veterans who seek promotion to a civil service position.
Crump served seven years in the U.S. Army before joining the sheriff’s office in 2003.
In January 2017, the sheriff’s office solicited applications for an open patrol deputy promotion position.
At the time, Crump worked as a corrections deputy and otherwise possessed the minimum qualifications for the job, according to his lawsuit. Crump filled out the forms linked to the online job posting and presented his DD Form 214 and VA Benefits verification letter.
He did not get the promotion and he later learned from a human resources employee that the county alleged Crump did not submit a Deschutes County veterans preference form, and thus he was not awarded the 10 points he should have received for being a disabled veteran.
Crump’s attorney, Sean Riddell, claimed in the lawsuit the county’s veterans preference form is not required by the veterans preference law.
In January 2018, Crump filed a complaint with the Oregon Bureau of Labor and Industries, which determined DCSO had violated the veterans preference law.
In December, he sued in circuit court.
Nelson said the form in question is no longer in use and noted the county’s Human Resource division performs the initial hiring processes for the sheriff’s office. He said the division did not assign Crump preference points.
When Nelson became sheriff, he vowed to clean house.
In 2015, former Sheriff Larry Blanton stepped down amid a series of scandals, though he was never personally implicated. Blanton tapped Nelson, one of his captains, to serve the remainder of his term, and that year the County Commission approved the appointment.
Nelson won election in 2016, defeating one of his patrol deputies, Eric Kozowski, who ran as a candidate of change and frequently criticized Nelson’s leadership.
Kozowski was fired less than a year later after Nelson opened 12 disciplinary investigations into Kozowski.
Kozowski sued in federal court for wrongful termination. The lawsuit remains ongoing and has so far cost the county more than $300,000.
A hearing next month will address several motions for summary judgment in the Kozowski lawsuit.
Kozowski’s attorney, Michael McGean, confirmed the sheriff’s office declined to negotiate a settlement in the case.
Riddell, Crump’s attorney, also represents another client alleging veterans preference violations. Ronny Dozier, a former Deschutes sheriff’s deputy, has two open lawsuits against the sheriff’s office similar to Crump’s.
In another open lawsuit, former corrections Sgt. Crystal Jansen, sued the office alleging sex discrimination by Nelson.