FARMINGTON -- A Davis County sheriff's deputy claims his 30 days without pay and removal from the SWAT team were improper discipline for his actions during a standoff in Centerville a year ago.
Davis County Sheriff's Deputy Clint Shaw has filed an appeal with 2nd District Court through his attorney, Ryan B. Hancey, asking a judge to overturn discipline handed down by Davis County Sheriff Todd Richardson in July 2012.
"It was an appropriate discipline," Davis County Chief Civil Deputy Attorney Bill McGuire said about Richardson's actions. McGuire is representing the county in the appeal suit.
A hearing was scheduled for Wednesday with Judge David R. Hamilton to hear oral arguments from the county and from Hancey. But on Monday, Hamilton filed an order to recuse himself from the case, stating he "has a conflict of interest which prevents him from handling matters in this action" and asking presiding Judge John R. Morris to assign another judge.
No other court date has been set.
The case was filed Oct. 4, 2012.
Richardson said it is procedure for a county employee who does not agree with a disciplinary action taken by a department head to ask a judge to review the claim.
Shaw was one of the SWAT team members called to a standoff in Centerville on Feb. 26, 2012, according to court documents. A man was barricaded inside an apartment and was said to be suicidal. The man came out of the apartment and was detained by police officers.
Shaw left his post and headed to where the man was with the officers without telling any of the other SWAT members and without using his radio, according to the documents.
He then "commenced speaking with the suspect in a manner that other officers felt aggravated the situation with the suspect and elevated the suspect's resistance," according to court documents filed by the county.
After the man was placed into custody, a Centerville police officer made a complaint with Shaw's supervisors at the scene concerning Shaw's actions. An internal investigation was conducted and 10 people, including Shaw, were interviewed.
This was not the first time Shaw had been in trouble with the sheriff's office, according to the court documents. He had received seven written reprimands that were placed in his personnel file.
At Shaw's interview during the internal investigation into the Centerville standoff, Shaw was told to be truthful in the interview, but investigators believed Shaw had not been truthful, the court documents state.
In April, Shaw was fired from the sheriff's office, and he appealed it, according to the court documents.
The Davis County Career Service Council held a hearing June 12 and found there was insufficient evidence that Shaw "was intentionally misleading and deflective and therefore termination was not the appropriate action."
Shaw was reinstated and, based on the recommendation by the council, Richardson changed the discipline to 30 days without pay, placing Shaw on six months' probation and removing him from the SWAT team.
Shaw met with Richardson in July 2012 after filing a grievance that said "the facts of the situation do not warrant the level of discipline imposed."
After the meeting, Richardson issued a letter denying the grievance.
Shaw again filed an appeal with the Career Service Council, and that council met with him Aug. 27. The council again upheld Richardson's discipline.