National Guard member files complaint against sheriff's dept.

[Code6]

National Guard member files complaint against sheriff's department
posted by: Jeffrey Wolf , Web Producer
written by: Thanh Truong , 9NEWS Reporter
created: 6/22/2007 9:24:21 PM
Last updated: 6/23/2007 9:22:20 AM

JULESBURG - Carl Adams' father was once a sheriff's deputy in Florida. As a child he wanted to model himself after his father.

At the age of 26 he was hired by the Sedgwick County Sheriff's Department. Suffice to say, he was excited.

"I'm a young officer. I'm new to law enforcement I love law enforcement," said Adams.

Adams also takes pride in his service with the Army National Guard. He joined in 2005. When he started his job at the sheriff's department in January it seemed to be the best of both worlds. He would patrol the streets and roads of the county and once a month he would report for his duties and drills with the Guard. Those monthly drills, according to Adams, began to annoy Sheriff Delbert Ewoldt a few weeks after Adams started working.

"I had been contacted on several occasions by the sheriff and undersheriff and pulled into the sheriff's office with a meeting, and them explaining to me their frustrations with the schedule, having to cover my shifts and basically taking other deputies away from their families because of me having to be gone," said Adams.

Adams says the complaints about his monthly drills became a constant topic of discussion between him and the higher-ups.

"Look, I understand that the other guys were away from their families, but I was away from mine too, it wasn't like I was vacationing," said Adams.

When Adams worked with the sheriff's department he was one of only three deputies. On any given night, only one officer will be on patrol, covering the entire county. He admits that his absence would put a strain on the department, but he says he was very proud to serve with the National Guard.

The month of May proved to be a pivotal time for Adams. It was during that month he was scheduled for a four-day drill. Being a new hire he was scheduled to work weekends. Adams says the department scheduled him to work that weekend, making no concessions for the drill. He decided to go to the drill.

"My choice was, whether I got the time off or not, I had to report to my unit. Everybody knows that if you're AWOL and don't go to your unit, you're going to jail, and then my job is in trouble anyway, so I had to go," said Adams.

When he returned, Adams says Undersheriff Randy Peck called him into his office and told him he was suspended without pay for failure to show up to work.

"Immediately, as soon as I walked in, (he) shut the door. I sat down and he told me he had no choice but to suspend me without pay for failure to show up to work, and I told him I was at drill and he once again repeated, 'You failed to show up for work,'" Adams said.

Adams resigned later that month.

9NEWS made several attempts to reach Sheriff Ewoldt. The sheriff eventually declined to an interview but emphasized that Adams "never had a problem fulfilling his military duties."

Ewoldt refused to go into further details saying he could not comment on a personnel matter.

In early June, Adams filed complaint against the sheriff with the U.S. Department of Labor. He filled out what is known as a 1010 form. It is basically the first step in seeking a remedy for possible violations of the Uniformed Services Employment and Reemployment Act or USERRA.

That federal law "prohibits discrimination against a person because of their service in the Armed Forces Reserve, the National Guard or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual's membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training."

Milton Gonzalez, Colorado's director of veterans employment and training services for the U.S Department of Labor, says it generally takes about 30 to 90 days to determine if a complaint has merit. There will be a fact finding process where a case worker will investigate the complaint. The case worker will then submit his findings to the U.S. Department of Justice or the U.S. Office of Special Counsel. If violations to USERRA are found, the employer may be forced to reinstate the former employee with lost wages. Gonzalez says there have been roughly 40 USERRA complaints in Colorado since 2005.

For now, Adams is trying to find a job as he waits for a decision.

"It's hard especially with my circumstances right now, here in northeastern Colorado. It's very tough to find jobs up here," said Adams.



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[countybear]

In early June, Adams filed complaint against the sheriff with the U.S. Department of Labor. He filled out what is known as a 1010 form. It is basically the first step in seeking a remedy for possible violations of the Uniformed Services Employment and Reemployment Act or USERRA.

If this complaint is found to be merited and proceeds, the Sheriff will be found wishing he'd just hired a part-timer or reserve to fill in for this guy's drill days.

Nice thanks for a man's service. Politicians never cease to amaze me.

[213th]

If this complaint is found to be merited and proceeds, the Sheriff will be found wishing he'd just hired a part-timer or reserve to fill in for this guy's drill days.

Nice thanks for a man's service. Politicians never cease to amaze me.

Agreed on both points.

[pc830cop]

could he file charges against the brass under 18USC241 and 18USC242?

at least file civil charges!

[sgtbear111]

Happened to me when employed by a small SO. I was one of two Navy Reserve members called in to be told that our military leave for driill next month was denied for "lack of coverage". The U/Sheriff handed our requests back with "denied" written on them. He was baiting us, waiting for some response that he could use against us. We chose the effective use of silence, and departed politely.

We contacted our respective units, and faxed the denials to our CO's. Within a week the Sheriff was summoned before the County executive board, handed a copy of the two complaints filed by the Navy, and a huge list of Federal money grants to the County that were now jeopardized. The undersheriff got "tuned up" and the heat on us went away, as did the heat on an Army reservist we worked with. Problem solved.

The Deputy referred to in this thread opener needs to get some legal representation, esp. if driven to resign by the Sheriff et.al.

[121Traffic]

Happened to me when employed by a small SO. I was one of two Navy Reserve members called in to be told that our military leave for driill next month was denied for "lack of coverage". The U/Sheriff handed our requests back with "denied" written on them. He was baiting us, waiting for some response that he could use against us. We chose the effective use of silence, and departed politely.

We contacted our respective units, and faxed the denials to our CO's. Within a week the Sheriff was summoned before the County executive board, handed a copy of the two complaints filed by the Navy, and a huge list of Federal money grants to the County that were now jeopardized. The undersheriff got "tuned up" and the heat on us went away, as did the heat on an Army reservist we worked with. Problem solved.

The Deputy referred to in this thread opener needs to get some legal representation, esp. if driven to resign by the Sheriff et.al.

That. Is. Awesome.

[jcsdscott]

If this complaint is found to be merited and proceeds, the Sheriff will be found wishing he'd just hired a part-timer or reserve to fill in for this guy's drill days.

Nice thanks for a man's service. Politicians never cease to amaze me.

+1

[BigDawg]

I hope the Sheriff is given a wake up call on this. I just hope that if they are required to hire this man back, with back pay, that they dont find ways to make his life miserable after.

[conalabu]

I hope the Sheriff is given a wake up call on this. I just hope that if they are required to hire this man back, with back pay, that they dont find ways to make his life miserable after.

Would you go back? I do hope he gets a sweet settlement though.

[Pudge]

I hope the Sheriff is given a wake up call on this. I just hope that if they are required to hire this man back, with back pay, that they dont find ways to make his life miserable after.

+1

[Tuff]

I hope the Sheriff is given a wake up call on this. I just hope that if they are required to hire this man back, with back pay, that they dont find ways to make his life miserable after.

I would hope for this outcome also, but we all know that if he does return to work for this SO, it will be a rough go....

[CTR man]

If this complaint is found to be merited and proceeds, the Sheriff will be found wishing he'd just hired a part-timer or reserve to fill in for this guy's drill days.

Nice thanks for a man's service. Politicians never cease to amaze me.

+1 on both accounts.

I hope the Sheriff is given a wake up call on this. I just hope that if they are required to hire this man back, with back pay, that they don't find ways to make his life miserable after.

Some people just don't know how to treat a Veteran or Reservist. You would think that anyone in LE would. Hopefully if the deputy is allowed to return to work and still has problems of the sort that he can stick it out and possibly get on with a different dept or go in as a lateral. Preferably with a dept that knows how to treat Veterans and Reservists.