NPC takes steps against sheriff

Nez Perce County Sheriff Joe Rodriguez allegedly shared employees’ confidential information with the anonymous Facebook page LC Valley Corruption, prompting the county prosecutor to end legal representation on personnel matters and the county’s insurer to reenact a deductible plan for the sheriff’s office.

The Nez Perce County Board of Commissioners and Prosecutor Justin Coleman issued a joint news release Wednesday providing details about the allegations.

“The most troubling aspect of the content that was disclosed by Sheriff Rodriguez involved information contained in several of his employee’s personnel files which created potential liability issues for the county,” according to the news release, signed by Board Chairman Don Beck, commissioners Douglas Havens and Douglas Zenner, and Coleman. “This caused a direct conflict in representation by the Prosecutor between Sheriff, the Board of County Commissioners and the County at large.”

Rodriguez didn’t respond to a Tribune request for comment Wednesday.

The commissioners also released a copy of a letter they received Tuesday from Idaho Counties Risk Management Program Executive Director Timothy Osborne, announcing a deductible structure for employment practices claims against the sheriff’s office.

The agency threatened to pull coverage for the Nez Perce County Sheriff’s Office in the summer of 2019, but instead a new deductible plan was created for any new claim. That plan started Oct. 1, 2019, and recently expired. Under the previous plan, the deductibles could be waived if the sheriff consulted and followed the advice provided by ICRMP, but no waiver option is included in the new policy.

That deductible structure now back in place applies to any claim arising from a long list of causes, including wrongful termination, retaliation, breach of employment contract, unlawful discrimination, harassment, assault, battery or any claim related to any kind of unlawful or unfair employment practice, the policy amendment said.

The deductible on any settlement, judgment or legal defense costs would be $15,000 for the first claim, $30,000 for the second claim, $45,000 for the third claim and $60,000 for each claim thereafter.

The deductibles would apply whether the damages arose from negligent, intentional or any other kind of wrongful conduct, according to the latest policy amendment.

Coleman informed the commissioners of the issues and legal ramifications surrounding his decision to terminate county representation of Rodriguez before issuing a formal letter Oct. 1.

Beck received information about Rodriguez sharing personnel information online as early as Sept. 10.

The Prosecutor’s Office was given the information Sept. 25. Meetings between the prosecutor, commissioners and ICRMP were held Sept. 28-30 “to discuss the issues, ramifications and legal ethical duties going forward,” the news release said.

Coleman met with Rodriguez and Chief Deputy Tim Ottmar last Thursday to inform the sheriff “that due to the Sheriff’s actions, the Prosecutor’s Office could no longer represent him and give him legal advice while at the same time advising the Board to the direct conflict,” the news release said.

Coleman’s letter ending representation alleged that Rodriguez “openly mocks and disregards” advice and counsel from ICRMP insurers and risk managers and disagrees with legal advice and “regularly expresses displeasure” in advice from prosecutors.

“The sheriff continues behaviors that create substantial risk of liability to the county,” Coleman’s letter said.

Osborne’s letter Tuesday referenced Coleman’s letter.

“Due to the continuing behaviors of Sheriff Rodriguez which have now resulted in the withdrawal by legal counsel, I am compelled to enact the (Employment Practices Liability Amendatory Endorsement) effective immediately,” Osborne said in the letter.

The commissioners will review the county’s options on legal service for the sheriff, the news release said.

The move by ICRMP comes with less than a month to go before the Nov. 3 general election, in which Rodriguez, a Republican, faces a challenge by his former chief deputy, Bryce Scrimsher, an independent. Rodriguez fired Scrimsher in November 2018.

Scrimsher said he was fired because he guided another employee through the process of filing a sexual harassment claim against the sheriff through the Idaho Human Rights Commission. ICRMP settled the employee’s sexual harassment claim against the sheriff in June for $68,500. Scrimsher filed a notice to sue the sheriff for his firing, but the tort claim has not been filed in court.

Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.