Lawsuit by former police chief dismissed

The lawsuit against the City of Sisters by former Police Chief Dave Haynes in U.S. District Court has been dismissed by Federal Magistrate Judge Thomas Coffin.

"We are pleased with the judge's decision," said Sisters City Administrator Barbara Warren.

However, Haynes' lawyer, Jim Brown of Eugene, said a lawsuit will now be filed in Deschutes County Circuit Court, probably before the end of November.

Haynes served as police chief from June 1, 1991 until he was fired on May 15, 1997. From January, 1996, until he was dismissed, Haynes and City Administrator Barbara Warren had a number of disagreements over the police department budget.

Haynes actually turned in his badge on June 24, 1996, after a vitriolic fight with Warren over how officers would be compensated for overtime already worked. (Eventually, a lawsuit settlement led to police being paid per Haynes' interpretation of the city's employment handbook.)

Haynes later withdrew his resignation, and the city continued his employment until May 2, 1997.

Haynes was then placed on administrative leave following a dispute over an evaluation of his performance, which Haynes did not accept and would not sign.

Haynes was given a final paycheck and memorandum on May 15, 1997. The memorandum offered Haynes a hearing before the full council, either in public or executive session. Haynes did not request a hearing.

Haynes filed suit against the city in U. S. District Court, contending that he had a "property interest" in continued employment guaranteed by the city's employee handbook. Haynes also argued that he had certain safeguards under the 14th Amendment to the U.S. Constitution.

Judge Thomas M. Coffin ruled that under the city charter, the police chief served "at the will of the council," and his employment could be terminated for any reason. The city charter takes precedence over the employee handbook, Coffin ruled, and where the two disagree, the handbook is void.

Haynes' attorney Jim Brown said that since the federal magistrate "did not dispose of the claims we asserted under state law," action in Deschutes County Circuit Court would soon be filed.

Brown said he will argue that the council and city administrator breached an employment contract with the chief, were in violation of "whistle blower" protection statutes, and that the chief was wrongfully discharged.