Benton County Oregon Sheriff Fires Sergeant who Misrepresented Himself and was an Opposing Candidate
Dr. Kardasz -
Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?
Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html
-------------------------------------------------------------------
Sheriff fires Burright
Swinyard dismisses sergeant who listed phony degree; he couldn’t be credible in court, D.A. said
By Rebecca Barrett, Gazette-Times reporter
Oregon - Benton County Sheriff Sgt. Jack Burright was fired Tuesday for misrepresenting his academic and training credentials on county job application forms.
Sheriff Jim Swinyard announced his decision at the law enforcement center. Earlier Tuesday, Swinyard met with Burright to deliver the termination papers and offer him a job as work crew supervisor, a position that doesn’t require law enforcement certification. Burright declined that offer.
As part of an internal investigation, Swinyard reviewed findings of a criminal investigation of Burright conducted by the Oregon State Police into statements and representations Burright made as an employee and former candidate for sheriff. Burright was cleared of forgery — because the statute of limitations had expired — and official misconduct last month. Burright withdrew as a sheriff candidate in July.
Swinyard said Burright’s credibility had been “severely compromised by a pattern of untruthful representations and statements over a period of years.”
Burright, in a prepared statement, said he didn’t intentionally deceive anyone and called the investigation and his termination unfair.
“While I could live with losing an election, it seems patently unfair that I am also losing my livelihood over an election,” Burright said.
“My disparate treatment appears to be based not in the underlying allegations, but my actions in running for sheriff.”
An attorney representing Burright had previously filed three tort claim notices with the county, giving notice that Burright intends to sue Benton County. Although no lawsuit has been filed and the statute of limitations expires later this year, those claims are still active, according to the county.
In those tort notices, Burright said he was the target of wrongful discrimination and retaliation after he announced he was running for sheriff.
Burright, a 13-year employee of the sheriff’s office, claims he was passed over for promotion when he applied to be lieutenant in 2004. That same job application is the one that Swinyard said was the main focus of the internal investigation, where Burright gave “untruthful representations” of his training and experience.
Internal investigation findings
Benton County District Attorney Scott Heiser told Swinyard in a July 22 e-mail that Burright’s misconduct documented in the State Police investigation “renders him no longer viable as a witness for the state of Oregon in any criminal matter in Benton County.”
Heiser said he could not accept any cases in which Burright was involved in the investigation.
“The big issue is he’s got to be able to go into court and be a viable and credible witness,” Swinyard said.
Burright was investigated by the Oregon State Police at Heiser’s request after the Gazette-Times in May reported discrepancies in his educational and training records.
Burright indicated on job and training applications and his candidate filing form that he had completed or graduated from Corvallis High School when he did not. He received a GED.
In addition, Burright bought a degree from an unaccredited online diploma mill called Farington University, and listed it on a 2004 application for lieutenant. He did not get that job.
At the request of the state Department of Public Safety Standards and Training, Swinyard will send the internal investigation report to the law enforcement licensing division for review. In a “worst-case scenario,” Burright’s actions could result in his police certification being revoked, Swinyard said.
Meanwhile, the Elections Division of the Secretary of State’s Office is investigating a complaint that Burright knowingly falsified his candidate filing by indicating that he completed high school and that he had degrees pending when he had not completed required coursework at Linn-Benton Community College and Southwest University, an accredited online college.
Some political Web sites are promoting Burright as a write-in candidate for sheriff. Swinyard, who is retiring in December and has backed undersheriff Diana Simpson for sheriff, said that being fired wouldn’t disqualify Burright; however, he would no longer be eligible if his certification from the state licensing agency were revoked.
Swinyard said the foundation of law enforcement is public trust. He said the sheriff’s office conducts background investigations of all its employees, and although Burright’s background investigation could not be found, it does not mean there is something wrong with the county’s hiring or employee evaluation process.
Once hired, all deputies swear to abide by an ethics code and to conduct themselves in a manner that would bring credibility to the agency, Swinyard said.
Swinyard said that Burright’s leadership and expertise as a tactical defense instructor and SWAT team leader would be missed, but others in the sheriff’s office are qualified to fill his vacancy.
Burright’s attorney, Kent Hickam of Albany, called the firing a “great loss to law enforcement in Benton County. It’s completely unwarranted by anything he did.”
Reporter Ian Rollins of the Albany Democrat-Herald contributed to this report.
Retrieved August 26, 2006 from http://www.gazettetimes.com/articles/2006/08/16/news/community/wed02.txt