LAKE COUNTY, Calif. – A former Lake County Sheriff’s sergeant who was terminated nearly three years ago has filed a tort claim against the county seeking $3.7 million in damages.
On Oct. 24, Santa Rosa attorney Scott Lewis submitted to the county the claim on behalf of his client, James Beland.
The claim was filed after the Board of Supervisors voted 4-1 in an Oct. 18 closed session to deny Beland’s appeal of his termination, according to Mireya Turner, assistant clerk to the board. Turner said Supervisor Anthony Farrington voted against denying the appeal.
Beland alleges that he has suffered a loss of $135,597.95 in wages since his termination; estimated future wages of $1,792,160; lost retirement benefits of $1,250,880; and $75,000 for three violations of his peace officer rights. Total attorneys fees were not calculated in his claim.
Lewis said Beland – who now works as head of security at Konocti Vista Casino – had a history of exemplary performance evaluations before his termination.
“He deserves his job back. He didn't do anything,” Lewis said.
County Counsel Anita Grant told Lake County News that the county has 45 days to take action on the claim. The county’s third party administrator, the George Hills Co., will handle the claim, Grant added.
“They take the action to accept or reject the action,” she said.
If the action is rejected, Grant said Beland will have six months within which to file a lawsuit against the county.
Following lengthy hearings that included witness testimony, a hearing officer who both sides agreed to appoint to consider Beland’s appeal suggested that he be reinstated to his job, Lewis said.
Lewis said the hearing officer found that Beland was terminated without cause and so he should get his job back.
However, the Board of Supervisors voted down that proposal. Grant said she could not discuss the content of the discussion on Beland’s appeal.
In an Oct. 24 e-mail to Grant that accompanied the tort claim, Lewis wrote, “As you can imagine, Jim has no choice but to fight to clear his name as he did with his hearing officer. Without doing so, he will never again be a law enforcement officer.”
Lewis told Grant that to restore Beland to his job would cost $100,000, compared to the $3.7 million he is alleging in lost wages, benefits and peace officer rights violations.
Allegations of retaliation
Beland is alleging that he was terminated in December 2008 in retaliation for statements he made regarding the case of Bismarck Dinius, a Carmichael man who was steering a sailboat on a dark night in April 2006 when it was hit by a powerboat hit by then-Chief Deputy Russell Perdock.
One of the sailboat’s passengers, 51-year-old Lynn Thornton, died as a result of injuries she suffered in the collision.
Dinius was tried in 2009 for felony boating under the influence causing great bodily injury, and misdemeanor counts of boating under the influence and boating with a blood alcohol level of more than 0.08. He was acquitted of the first two charges and the jury deadlocked on the third, which subsequently was dismissed.
During Dinius’ 2009 trial, Beland – who had responded to the crash scene – testified that he had wanted to use a breathalyzer on Perdock, but that he was ordered by another senior sergeant, Dennis Ostini, not to do the test because Perdock was going to have a blood test. Beland later drove Perdock to St. Helena Hospital Clearlake, where that blood test was taken, according to court testimony.
Beland’s internal affairs documents, which Lake County News obtained as part of the discovery documents for the Dinius trial, indicated that then-Sheriff Rod Mitchell terminated Beland on several grounds, including insubordination, dishonesty or personal use of county property, willful disobedience, failure of good behavior either during or outside of duty hours which causes discredit to the agency and one’s employment, and loss of license, certification or other qualification which is necessary for an employee to perform their duties.
The internal affairs documents referred to inconsistencies in Beland’s statements about the Dinius case, including stating that he was ordered not to administer a breathalyzer, and later denying that he received such an order.
The documents allege that during one interview with a member of command staff, Beland made no less than 11 statements insisting he was ordered not to give the breath test, and no less than 11 statements that he had not received such an order, raising questions about his credibility.
“The essential job functions for the position of peace officer with the Lake County Sheriff’s Department include and require the ability to testify as a credible witness,” the documents stated.
Hearing officer considers case
The Lake County Deputy Sheriff’s Association’s memorandum of understanding with the county sets up an appeals process for disciplined or terminated deputies. Lewis said the process calls for a independent hearing officer who considers the evidence and makes a finding.
Beland’s hearing took place Oct. 14-16 and Dec. 7-19, 2009, with further proceedings taking place July 12-13, 2010, Lewis said. The hearing officer’s decision was handed down this past Sept. 1.
Once the hearing officer makes a proposal, it’s up to the Board of Supervisors to approve it or deny it, either in whole or in part, said Grant.
Lewis said the hearing officer “saw right through” the allegations against Beland.
He was concerned about the board’s approach to considering the appeal.
“A hearing officer heard two weeks of testimony, and now the Board of Supervisors is taking a lot less time to review all of the evidence,” he said.
Lewis said he and Beland are trying to work out the issues concerning his employment with the county.
“If we can't come to some understanding we'll go down the litigation road,” Lewis said.
E-mail Elizabeth Larson at
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