The deputies’ union is seeking arbitration over the Island County sheriff’s decision to fire a detective who is accused of sexual harassment.
John Nieder, a 13-year veteran of the office, lost his job this past summer after another employee in the office accused him of inappropriately touching her and making sexual and belittling comments, according to Undersheriff Kelly Mauck.
“It was really a textbook case of sexual harassment‚“ Mauck said.
Deputy Darren Crownover, the head of the guild, said the guild’s executive board voted to support Nieder in the arbitration.
“What we believe is that the punishment doesn’t really fit the conduct,” he said. “We believe there was misconduct, and we don’t condone that, but some of the allegations should not have been sustained.”
Crownover said even the victim of the alleged harassment felt that termination was too harsh.
Mauck said the administration has no tolerance for such discriminatory harassment, which violates the department’s code of ethics, the conduct policy and the oath of office. He said the office has regular training about sexual harassment, which Nieder participated in last March.
“We hold our employees to the highest standard,” he said.
Nieder was also investigated this summer for allegedly assaulting a citizen while on duty this summer.
The Skagit County Prosecutor’s Office, handling the case to avoid a potential conflict of interest, has yet to make a charging decision in the case, Island County Prosecutor Greg Banks said.
The alleged assault was in connection with a June 3 traffic stop, said Mauck.
Nieder stopped a motorcyclist in Oak Harbor. Mauck said the motorcyclist was “mouthy” and Nieder allegedly pushed him off his motorcycle.
The motorcyclist complained to the sheriff’s office the next day. Another law enforcement officer at the scene corroborated the victim’s allegations, Mauck said.
Nieder was placed on paid administrative leave the next day.
Banks asked the Skagit County prosecutor to make a decision on whether to charge Nieder with fourth-degree assault.
An employee made the sexual harassment allegation against Nieder June 10, said Mauck.
Mauck said he asked Island County’s Human Resources department to look into it; the investigation substantiated the allegations, according to Mauck.
Sheriff Mark Brown fired Nieder, effective July 21. The termination was based on the sexual harassment allegations.
Nieder appealed to the sheriff; Brown denied the appeal.
The Island County Deputy’s Guild advised the sheriff this week that it wants arbitration for Nieder, which is a right specified under the guild’s contract.
An independent arbitrator will decide whether to uphold the termination, modify the termination or reinstate Nieder, Mauck explained.
Nieder has one letter of reprimand in his file, but it wasn’t related to harassment, sexual or otherwise, according to the undersheriff.
Mauck said there hasn’t yet been an internal investigation into the assault allegations. He said that won’t happen until after any criminal case is resolved.
The sexual harassment allegations are an isolated, albeit embarrassing, incident for the department, Mauck said.
Mauck said he and the sheriff take a hard line on the issue.
“It is not pervasive in any shape or form in our department,” he said. “This is quite the exception.”