Tort alleges hostile work environment |
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. |