By GWYNETH GIBBY
For the Democrat-Herald | Posted: Thursday, March 1, 2007 12:00 am
Former sheriff's sergeant says he was wrongfully fired
CORVALLIS - Claiming he was wrongfully fired, former Benton County Sheriff's Sgt. Jack Burright has sued Benton County and three officials.
Filed in Benton County Circuit Court on Feb. 15, the suit names as defendants the county, former Sheriff Jim Swinyard, Sheriff Diana Simpson and the former district attorney, Scott Heiser.
"We don't believe this suit has any merit whatsoever," said Benton County Attorney Vance Croney.
Swinyard fired Burright on Aug. 15, 2006, following allegations that he exaggerated his qualifications and training when applying for a promotion and purchased a phony degree from an online "university."
Burright had been running for sheriff against Simpson, but withdrew from the race before his firing.
Burright had previously filed four tort-claim notices, the latest on Aug. 28, saying his firing was politically motivated. Burright claimed he was fired as the culmination of efforts by Swinyard and Simpson to discourage him from running for sheriff.
The lawsuit also claims Heiser interfered with Burright's job with the county. Heiser had notified the sheriff on July 22 not to submit for prosecution any cases in which Burright had been involved in the investigation.
Heiser cited an Oregon State Police investigation that concluded Burright had made false or exaggerated claims about his education and training. No charges were filed as a result of that investigation, but a number of false and misleading statements were identified:
• Burright claimed a diploma from Farington University, an unaccredited online company.
• He claimed a high school diploma from Corvallis High School in 1985, when he actually had earned a GED later.
• Burright said on his campaign Web site that he was a "counter-terrorism" instructor at the 1996 Atlanta Summer Olympics. When contacted by investigators, Burright's three co-instructors said he taught use of force and defensive tactics, not counter-terrorism.
The suit also alleges that Heiser posted the Oregon State Police report online, including Burright's home address and Social Security number, which violated his "duty to maintain the confidentiality of personal information," and caused Burright "emotional distress, degradation, embarrassment and humiliation."
Burright claims $120,000 per year in lost wages and benefits.
In addition, Burright seeks $100,000 in noneconomic damages on each of the lawsuit's three counts, in addition to unspecified punitive damages.
Heiser, Simpson and Swinyard all declined to comment, citing advice from their attorneys.
Burright is represented by Rhonda Fenrich of the Eugene firm Garrettson, Goldberg, Fenrich and Makler.
Benton County, along with Swinyard and Simpson, will be represented by an attorney hired by the county's insurance company, City County Insurance Services.
Heiser, who was a state employee, most likely will be represented by the Oregon Attorney General's office.