Tort alleges hostile work environment
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July 12, 2013 |
By Mike Weland
Bonners Ferry Police Sergeant John Lunde, in a
tort claim filed June 21 against the City of
Bonners Ferry and numerous city officials and
employees, alleges that his arrest of assistant
police chief Joel Minor's stepson last February
created a hostile work environment.
He is seeking $500,000 in damages.
Because it involves pending litigation, city
officials are prohibited from commenting on the
allegations.
In his notice of tort claim, Lunde states that
following the felony arrest of
Dennis Dewayne Neuman, 18, February 2, 2012, on
felony marijuana trafficking charges, he was
subjected to statement by Minor to the effect
that mayor Dave Anderson would have to be told
as the city was looking for a new police chief,
and that had any other officer made the arrest,
his stepson would have been charged with a
misdemeanor.
Lunde went on planned vacation soon after, the
complaint continues, and upon his return, he was
placed on administrative leave as several
complaints against, allegedly all made after the
Neuman arrest, were investigated.
The allegations against him, he said, were
proven false by his own testimony as well as two
separate polygraph tests.
While the city policy manual relies on
polygraphs, he writes, the city chose to ignore
the results and continue investigating. Despite
the confidential nature of unspecified
"findings," the complaint continues, the results
were made public.
Lunde states he once again told the new chief of
police, Steve Benkula, of ongoing harassment he
was being subjected to, as well as "potentially
false information that had been provided to
other governmental entities by individuals
within the Bonners Ferry Police Department."
Benkula, he said, appointed an outside
investigator, retired Sandpoint Chief of Police
Mark Lockwood, to look into the allegations;
Lunde requested that Minor and another, unnamed
officer be investigated as well.
The complaint does not say whether or not the
request was respected.
In mid-March, 2013, Lunde states that he was
presented "Notice of Decision Regarding Pending
Personnel Action" that reinstated him to his
former position following three weeks unpaid
leave and a years' probation, despite his having
and passed two polygraph examinations.
No other officer, he wrote, had been required to
submit to such examination.
After returning to work, he wrote, his schedule
had been altered so that he never enjoyed a full
weekend off, that he was requested to wear a
personal camera. He was told "by the
administration that they do not trust him," he
wrote.
In the two weeks before filing the tort, he
wrote, he had been told "by individuals within
the City of Bonners Ferry, that Assistant Chief
Minor is 'poisoning the well" and trying to do
whatever he can to see Lunde fired.
Neither city administration nor Chief Benkula,
he said, have provided any support to allow him
to return to work in a non-hostile environment.
These insults, he claims have "affected his
income and loss of wages, loss of enjoyment of
life, mental suffering and emotional pain and
loss of reputation in the community."
His claim specifically names, but not limit
those involved, as himself, Joel Minor, Steve
Benkula, William Herrington, Andra K. Pluid
(sic), Mark Lockwood, William Cowell, Geneva
Trumble, Tiffany Murray, Dusty Kralik, Ron Pell,
Buddy Winters, Don Moore and Rick Alanzo (sic).
The city has 90 days to respond to the claim. If
the claim is denied or no action taken, Lunde
may pursue a civil suit in a court of law.
It's a process Lunde is familiar with; on June
12, 2006, he filed a tort against Bonner County,
former sheriff Elaine Savage and others
contending harassment, corruption and unequal
application of the law after he was fired from
the sheriff's for reasons undisclosed following
an 11-year career there April 30, 2006.
During the investigation, he submitted to and
passed three polygraph exams, according to his
attorney, Joe Filiceti, Boise, as quoted in the
October 27, 2006, Bonner County Daily Bee.
On October 26, 2006, that tort claim having been
denied, civil suit was filed, seeking a jury
trial and undisclosed damages.
The case was
dismissed with prejudice before trial December
1, 2008. |
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