Good old boys gone bad? WashCo sheriff turned a blind eye to sexually hostile work place, suit alleges
Banner, News — By Christopher Spencer on November 13, 2009 at 8:15 PMRead the complaint here
By Christopher Spencer
Ozarks Unbound
FAYETTEVILLE — Wife swapping parties that nearly led to a fight among deputies. Jail staff luridly watching female inmates undress. An obscene and disgusting story that circulated for years around the Washington County Detention Center. A captain who talked openly about his female subordinates’ breasts.
Two women who work at the Washington County Sheriff’s Office paint a disturbing tale of what they say was considered acceptable behavior among staff at the county jail.
Sergeant Lori Schmidt and Corporal Stephanie Guenther filed a civil suit Thursday against Sheriff Tim Helder, Major Rick Hoyt, former Capt. Randy Osburn and the sheriff’s office. The federal suit alleges that a sexual harassment hostile work environment was created under Osburn. Hoyt and Helder then worked to cover it up, according to the complaint.
It was filed by attorney Joshua Friedman of New York City in the U.S. District Court, Western District, in Fayetteville.
Helder said in a press released Thursday that he will defend the department against the inaccurate allegations. He was interviewed later by KFSM and repeated that the charges are untrue.
Schmidt filed a written complaint about the hostile work environment in March and Helder began an internal investigation. Major Rick Hoyt and Lt. Scott Young were assigned to interview witnesses during the investigation, according to the complaint.
The complaint states the investigation was to determine whether or not Capt. Osburn:
- Inappropriately made remarks about intimate details of Sergeant Schmidt’s living arrangements with her former husband that were unrelated to work.
- Had graphic discussions in his office about breast augmentation surgery.
- Openly speculated with his colleagues whether two female deputies were having sex and ridiculed them.
- Frequently and over a period of a dozens of years talked graphically about a disgusting perverse sexual escapade involving a former officer.
- Drew a sex tree that showed who a female officer was and was not permitted to have sex with in the department.
- Ridiculed Sergeant Schmidt’s former husband as a “pussy.”
Interviews were conducted with relevant staff and Hoyt concluded that the allegations were not sustained, according to the complaint.
What appear to be quotes from those interviews are used throughout the complaint to illustrate how witnesses corroborated Schmidt’s allegations, contrary to Hoyt’s findings.
The internal investigation was a “whitewash and a cover up,” according to the complaint.
After the investigation concluded, Schmidt and Guenther were punished for bringing the matter to the sheriff’s attention, the complaint states.
Both were moved to areas within the department that were not under Osburn’s command.
Schmidt was assigned to the work release program under Lt. Dan Livermore, a long-time friend of Osburn’s, who was hostile toward her. She was given a 1 p.m. to 11 p.m. shift that made it extremely difficult for her as a single parent, according to the complaint.
She also received a Letter of Reprimand for misconduct alleged to have occurred in March or earlier, the complaint states. Schmidt said that in September she received an annual job review where she met or exceeded expectations in all categories of job performance.
Guenther also experienced job-related retaliation, according to the complaint.
She continues to work at the jail on a night shift despite the fact that less senior female deputies are given day shift assignment, according to the complaint.
In August, after attorney Friedman notified Helder of the coming lawsuit, the sheriff gave speeches to his staff where he stated that there were negative people in the organization who did not belong in the sheriff’s office. Helder warned his employees to be careful about whom they associate with, according to the complaint.
Those comments made it increasingly difficult for Schmidt and Guenther to do their jobs, according to the complaint.
The complaint alleges five counts and asks that the plaintiffs be awarded damages as a result.
Washington County now must respond to the lawsuit in federal court.
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24 Comments
How about a pdf of the complaint so we can read it ourselves. Most courts require that as part of the filing process.
Does it strike anyone as fishy that the plaintiff is using a New York lawyer when NWA is loaded with lawyers who would love a case like this if it has real merit.
KEWLARKY,
If you right click on the top sentence that says “Read the complaint here” you should be able to download the 14.3 megabyte PDF of the complaint. I went to the federal courthouse today and purchased a copy to read it myself and make it available online.
Hope that helps. If you have trouble, let me know and I will e-mail it to you or find another way to give you a copy.
I tried three different browsers and it wouldn’t open. Would you email it to me at lva2@cornell.edu
thx
My sincere apologies. I’ll e-mail it if this final thing doesn’t work.
Here’s the actual url for the file – I hope that works. Might need to cut and paste it.
http://www.ozarksunbound.com/audio/Washco.pdf
The fact that this lawsuit was not filed by local counsel doesn’t phase me at all. This looks like it’s going to be a tough “he said — she said” harassment case that local attorneys may not want to risk getting involved with. The fact that the suit was filed by an attorney from New York suggests to me that there is some merit to it.
Chris, did you scoop this story?
Also, doesn’t it seem fishy that Sherriff Helder says the first he learned of the complaints was one the lawsuit was filed, but the lawsuit you posted shows he ordered an internal investigation?
I didn’t scoop this. The first news report I saw was KFSM, Channel 5, which was in-depth for television and well put together. My first clue that something was afoot was when I received an e-mail from the sheriff’s office stating that the sheriff denied the allegations. I thought, hmm, what allegations are we talking about. So, I dug up the case at the federal courthouse.
Sheriff Helder ordered the internal investigation after Schmidt complained. The lawsuit didn’t come into play until after that internal investigation concluded that the evidence was not sustained against Capt. Osburn.
“Does it strike anyone as fishy that the plaintiff is using a New York lawyer when NWA is loaded with lawyers who would love a case like this if it has real merit.”
No, in fact this is the sort of case that many local lawyers would not take. They might figure that it’s best not to be associated with a lawsuit that offends the local powers that be, people that they have to work with on a daily basis.
Not saying it’s right, just that it is.
Having the foxes report on the henhouse has never seemed good policy to me. Can we say independent?
I worked there. There is stink on both sides, on one hand you have too sketchy “women” and on the other you have a politician…I mean “Sheriff” who can sit comfortably in his office, poke his head out of his office say hello, mingle, and when the stuff hits the fan he isn’t aware of it. I personally attended a troop meeting in which the jail was having some problems and Helder himself said ” I don’t know what’s going on and I don’t want to know what’s going on.” I’m not the only one who remembers that but people are intimidated by them because they are afraid they will lose their jobs. All I know is what goes around comes around FEDS please sanction this place and get the right stuff going. There are a few good people that still work there verry few most are there just for a pay check and nothing more. you can tell when you try to call there and depending on who answers the phone you can tell by the tone of their voice who is there are a pay check and who takes pride in their job and wants a career.
I do know that Lori Schmidt’s ex-husband was drawing unemployment benefits while also running an on-line dog business that made him a lot of money last year. Whether he reported that or not, I don’t know, but I seriously doubt it. He is very money hungry, and I wouldn’t be surprised if he is behind this whole thing because he got fired from the same jail year before last.
I know Lori has been living with her ex-husband and I have proof. I wouldn’t be surprised if Gary was behind the whole thing. Not to say that none of this stuff happened, but Lori has been at the police department for over 10 years and why would she bring this up now? Must be the money.
MAN, if I could just go on record about Lori and her ex husband, I would love to tell all about them. I’ve know Gary since 1991 and the guy is BAD NEWS. Lori and Gary are two peas in a pod.
I WONDER IF GARY HAS TOLD LORI ABOUT MARGARITE AND SCARLETT YET?? THE STUFF HE WAS DOING AT WHILE HE WAS A BONDSMAN.
I’m just damn mad that’s all. I mean, Lori is going on record with this stuff and like I said, I don’t know whether all of the stuff she claims happened or not, but I do know what kind of person she and her ex-husband are. They are the most horrible, mean, selfish, greedy, money hungry people I’ve ever met. There are so many children that Gary has hurt, deserted, and abused emotionally. I’m pissed that Lori can talk about how bad everybody else is when they are unbelievably cruel, cold people.
@MSG – I don’t know Lori, Gary, her exhusband, the people working at the jail, you or Rush Limbaugh for that matter. What I do know is you sound incredibly bitter and biased in your rants above. Unfortunately that, coupled with the fact that you don’t bother to give your name or how you know these people but instead are just bashing them anonymously, takes away any credibility you may have had. You just sound like another wackjob ranting on the internet. If you are so concerned about the truth and all the poor children these people have hurt then perhaps rather than pointlessly ranting about it on some internet site you should report it to the authorities. Or maybe you are more concerned with ranting than you are with what is right?
I feel no need to elaborate any more than I have already, but nice try. When I read about how Lori is this so-called victim, it just made me sick to my stomach because there are a number of children out there, as well as a lot of different women that have been hurt by them both. You have no idea and nor will you ever.
And, for the record, I will no longer be responding to any other comments posted on this website directed towards me, nor will I ever read anything that is posted on this website in the future.
Uh huh. Another wacko ranting on the internet. Like I said, if you actually cared at all about all those poor hurt children and women you would have done something besides ranting on a website.
MSG,
I’m sorry you have negative associations regarding this Web site.
I allow broad and candid conversation here, including back and forth discussions between comments. In fact, I encourage productive back and forth discussion.
I still do not have an articulated comment policy, but I only moderate when I see extreme graphic language and personal attacks that derail any substantive conversation. All opinions that follow these guidelines are allowed here.
I don’t think this conversation has triggered the need for moderation.
You are welcome to return here anytime to read or leave comments.
Christopher Spencer
Publisher