Ex-Chief Haynes sues City of Sisters

Former Police Chief David Haynes, fired by the City of Sisters on May 15, 1997, is suing the city and City Admin-istrator Barbara Warren for a total of $1.2 million.

The lawsuit was filed in Federal Court in Eugene on Thursday, July 24 by Haynes' attorney, James M. Brown, of Salem. The city and Warren have not yet been officially served, although they received a courtesy copy of the lawsuit via fax the same day it was filed, according to Nikki Hendricks, an attorney working on Haynes' behalf.

Haynes alleges that he was unfairly dismissed because he informed the city and city administrator Warren that the city's refusal to pay police officers for accrued overtime and vacation time was a breach of the employee contract, and a violation of federal and state laws.

A separate lawsuit filed by the police officers over those issues was settled in the officer's favor on Friday, July 25. As a result of the settlement, the City of Sisters will pay police approximately $40,000, which includes attorney's fees.

Haynes protested Warren's refusal to pay officers for their overtime by turning in his badge to City Administrator Barbara Warren on June 24, 1996. The chief withdrew his resignation before it was accepted by the city council, and on July 2, 1996, the council affirmed that Haynes was still employed by the city.

However, that resignation apparently played a part in the city's decision to fire Haynes nearly a year later. Haynes alleges that he received an evaluation on January 23, 1997 for the year 1996 and received a rating of 74, which "indicated (he) had met standards and was entitled to a step increase," which he did not receive. On April 22, 1997, Haynes received a second evaluation for the year 1996 which was much less favorable.

According to Haynes' lawsuit, the former chief responded to the second evaluation on April 24, 1997. He was placed on suspension about one week later, on May 2, 1997.

"Cited among the reasons for this suspension was the June 24, 1996, instance in which he gave his badge to Warren," according to the lawsuit. Haynes was notified that he could meet with Warren, the mayor and city council president on May 15, 1997, to "discuss issues of concern." At that meeting, Haynes was presented his final paycheck, "and a memorandum substantially identical to the May 2, 1997, memorandum, notifying him of his termination," according to the lawsuit.

As a result, Haynes alleges that he was deprived of income and benefits which would have totaled $450,000.

Haynes also alleges that his civil rights were violated, in that he was denied a "fair and meaningful hearing." For the civil rights violation, Haynes is asking for $500,000.

Haynes also alleges that Warren individually "acted under the color of state law in her unlawful conduct," and that Haynes was entitled to $250,000 from Warren as an individual "to compensate him for the emotional and mental pain, suffering and distress; inconvenience, mental anguish; loss of enjoyment of life; injury to his professional reputation; and other non-pecuniary losses" incurred as a result Warren's actions.

City attorney Steve Bryant did not return phone calls. Mayor Steve Wilson was out of town on Monday before press time and could not be reached for comment.

City Administrator Barbara Warren said she has been expecting the lawsuit, but had not realized one had been filed until she was told about it on Monday morning by a fellow employee who had heard about the lawsuit on the radio.

Nikki Hendricks, said that the city would have 20 to 30 days to answer the lawsuit after it has been served. She said the case could take a year or even longer to go to trial, depending on the scheduling of depositions and discovery.