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Ex-police chief charges rights violated
Thursday, March 25, 2004 | 1 comment(s)
KING CITY (AP) - A former police chief has filed a $1.48 million lawsuit against the city, alleging that his firing violated his civil rights.
James Brooks filed suit March 11 in Washington County Circuit Court against the city of King City and Paul C. Elsner, the city's attorney. Elsner was acting as city manager when the King City City Council voted to fire Brooks.
"We filed the complaint to preserve my client's rights," said Michael McLane, Brooks' attorney. "We continue to have discussions with the city of King City regarding resolution of the dispute."
McLane told The Oregonian that Brooks would not discuss the case. King City officials also declined comment.
The lawsuit is the latest twist in a story that began in October 2001, when officials from the state Department of Public Safety Standards and Training and the Department of Justice began investigating whether Brooks filed false personnel records.
By January 2002, investigators determined that over several years Brooks used 12 variations of his name, six birth dates, nine Social Security numbers and five birthplaces on official records. The investigators also reported that Brooks had been arrested in Wyoming, Oregon and California on weapons and forgery charges and had purchased property near Sherwood under another name.
On Feb. 27, 2002, the state department recommended that Brooks should lose his police certification, which is required to work as a paid law enforcement officer in Oregon.
The same day, according to court records, Brooks claims he began taking sick leave. According to the lawsuit, Elsner placed Brooks on paid administrative leave on Feb. 28.
On March 12, 2002, the City Council voted to fire Brooks without severance pay. In April 2002, Oregon's Board on Public Safety Standards and Training voted to take away Brooks' badge or his ability to work as a paid police officer in the state. Brooks appealed the decision, and formal decertification was delayed until his appeal could be heard. In October 2003, Brooks gave up his appeal.
In the lawsuit, Brooks claims King City breached his employment contract. He claims the reasons Elsner provided for his termination were not valid because the state law enforcement board did not vote to take his badge until April 2002, a month after the city fired him.
The lawsuit also alleges that the city improperly terminated Brooks while he was taking sick leave, causing him "severe emotional distress as well as the loss of employment opportunities in Oregon law enforcement."
James Brooks filed suit March 11 in Washington County Circuit Court against the city of King City and Paul C. Elsner, the city's attorney. Elsner was acting as city manager when the King City City Council voted to fire Brooks.
"We filed the complaint to preserve my client's rights," said Michael McLane, Brooks' attorney. "We continue to have discussions with the city of King City regarding resolution of the dispute."
McLane told The Oregonian that Brooks would not discuss the case. King City officials also declined comment.
The lawsuit is the latest twist in a story that began in October 2001, when officials from the state Department of Public Safety Standards and Training and the Department of Justice began investigating whether Brooks filed false personnel records.
By January 2002, investigators determined that over several years Brooks used 12 variations of his name, six birth dates, nine Social Security numbers and five birthplaces on official records. The investigators also reported that Brooks had been arrested in Wyoming, Oregon and California on weapons and forgery charges and had purchased property near Sherwood under another name.
On Feb. 27, 2002, the state department recommended that Brooks should lose his police certification, which is required to work as a paid law enforcement officer in Oregon.
The same day, according to court records, Brooks claims he began taking sick leave. According to the lawsuit, Elsner placed Brooks on paid administrative leave on Feb. 28.
On March 12, 2002, the City Council voted to fire Brooks without severance pay. In April 2002, Oregon's Board on Public Safety Standards and Training voted to take away Brooks' badge or his ability to work as a paid police officer in the state. Brooks appealed the decision, and formal decertification was delayed until his appeal could be heard. In October 2003, Brooks gave up his appeal.
In the lawsuit, Brooks claims King City breached his employment contract. He claims the reasons Elsner provided for his termination were not valid because the state law enforcement board did not vote to take his badge until April 2002, a month after the city fired him.
The lawsuit also alleges that the city improperly terminated Brooks while he was taking sick leave, causing him "severe emotional distress as well as the loss of employment opportunities in Oregon law enforcement."
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