[Vision2020] tort claim vs. the Latah County Sheriff's Office (fwd)

[Debbie Gray]

Here's a copy of the LMTribune article re. the tort claim for those of you
who've asked for more details...

Published: 01/24/2004     Keywords: Law enforcement tort claim     Former
Latah deputy filing claimWayne Rausch wants $100,000 from county, says he
was forced out of job at sheriff's department

MOSCOW -- A $100,000 tort claim will be filed in Moscow next week alleging
Latah County Sheriff Jeff Crouch forced a deputy to resign after the
deputy announced he planned to run against the sheriff in the November
election.

Lewiston attorney Robert J. Kwate said Friday he will file the claim on
behalf of Wayne Rausch, a former sergeant with the Latah County Sheriff's
Department.

"Sheriff Crouch set out to eliminate Wayne Rausch as a sheriff's
department employee because Rausch is a political adversary," Kwate
contends in the tort claim. The claim lists seven discriminatory actions
by Crouch, including a demotion of Rausch from sergeant to patrol deputy
that resulted in a $9,000 reduction in annual salary.

"Creating such a hostile work environment is a constructive discharge,"
Kwate contends in the tort claim, "and as such, the sheriff and county are
liable for wrongful termination."

Crouch could not be reached for comment Friday. His spokeswoman, Darla
Buckley, said department policy prohibits comment on personnel matters
unless the employee signs a release. No such release has been signed by
Rausch.

"I think everyone has their perception about the workplace," Buckley said.
"And most times the workplace is what you make it."

Latah County Commissioner Jack Nelson said members of the board were aware
that a tort claim was pending. "It doesn't surprise me," he said when told
of Kwate's intention to file. He conceded that there may be an appearance
of a conflict of interest since Rausch's wife is a clerk-secretary for the
commission. But Nelson said board members will do everything possible to
give a fair review to the tort claim once it's filed.

Neither Crouch nor Rausch has made public announcements about running for
office, but both are expected to file by the March deadline.

The commissioners have four options once the claim is filed. Within 90
days, they can deny the claim, accept it, make no determination or try to
reach a settlement through the county's insurance. If no action has been
taken after 90 days, Rausch could file a lawsuit.

"The incident giving rise to this claim for damages culminated on Jan. 11,
2004, when Wayne Rausch was forced to terminate his employment ... because
he could no longer tolerate the hostile work environment created by
Sheriff Crouch," the tort claim reads. "Nor could he meet monthly
financial obligations after his pay was cut following a demotion imposed
by Sheriff Crouch."

Kwate said he also represents at least two more sheriff's office employees
who are in the midst of internal investigations and hearings. Moscow
attorney Charles L. Graham recently confirmed that he represents two
clients within the department.

Rausch, 52, has been employed by Latah County since 1997, working his way
up from a patrol deputy to sergeant. Prior to coming to Idaho, he worked
for sheriff's offices in Arizona. He has nearly 20 years experience in law
enforcement.

The tort claim says prior to Sept. 18, 2003, Crouch learned that Rausch
intended to run for office. The sheriff, according to the tort claim,
ordered two internal investigations on that same day to see if Rausch had
discussed his political aspirations while on duty, in violation of policy.
Those two investigations, plus another one involving allegations that
Rausch offered to support another deputy in filing a lawsuit against the
county, were conducted by Lt. Richard Kramer by order of Crouch, Kwate
contends in the tort claim.

The investigations culminated in at least two hearings and disciplinary
action against Rausch ranging from a two-day suspension without pay to the
demotion, according to the tort claim.

Among other allegations Crouch made against Rausch, according to the tort
claim, was one of conducting personal business when he allegedly left his
office for nine minutes to visit his wife in the courthouse because their
daughter had just announced her engagement. Crouch eventually dropped that
concern, according to the tort claim.

But the sheriff also ordered Rausch to undergo psychological evaluation
and surrender his weapons, badge and identification card, according to the
tort claim. The evaluation was not conducted. Rausch, however, was
suspended for eight days without pay, according to the tort claim, then
allowed to return to work. "Apparently Sheriff Crouch's concerns about
Rausch's psychological fitness to be an officer miraculously evaporated
before Rausch had even met with a psychologist," Kwate wrote in the tort
claim. Rausch, according to the claim, was also prohibited from working
with certain deputies.

"By January 9, 2004, Sheriff Crouch's goal of ridding the sheriff's
department of Wayne Rausch had been accomplished," Kwate wrote. "Because
Rausch could no longer tolerate working at the sheriff's department,
Rausch resigned his position ..."

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Johnson may be contacted at deveryone@potlatch.com