IMPERIAL DEPUTY REINSTATED
AFTER
TERMINATION
Imperial County deputy
sheriff Jessie Loera was reinstated to his position as a deputy with
full back pay and benefits following a three-day hearing before the
County Employment Appeals Board.
Loera was the subject of
allegations that he made remarks constituting sexual harassment and was
untruthful and dishonest when he denied committing those acts. The
department called seven witnesses followed by seven witnesses called by
the appellant.
Loera consistently and
adamantly denied all of the allegations. Deputy Loera had been with the
department 16 years and had received favorable evaluations and dozens of
commendations for outstanding performance.
During the course of the
hearing, evidence revealed that a significant number of employees in the
department had never received any sexual harassment training. The County
Affirmative Action officer testified extensively on the topic of sexual
harassment and why training is needed.
The Appeals Board
concluded that they were not convinced that Loera was untruthful
when denying the alleged acts. They also declined to give more weight to
unsworn and uncorroborated allegations of a complainant (who didn't
testify) then to Loera who was regarded as veteran officer with a good
reputation.
The board also found that
the lack of sexual harassment training would account for a difference in
perspectives between several of the complainants who had received the
training and Loera who had not received any training.
As a consequence the
board found that reasonable misinterpretation could have occurred.
In conclusion, the
Appeals Board did order Loera to be fully restored to his position with
full pay and benefits retroactive to his last day of employment (over
three months back pay).
The board also directed
the department to provide Loera with appropriate stress counseling and
interpersonal relations counseling including sexual harassment training.
The board did take special
note to commend the sheriff for his efforts in aggressively seeking to
eliminate all forms of sexual harassment and maintaining sensitivity
toward any perceptions of dishonesty.
Loera was represented by
Richard Castle of the panel firm of Castle & Krause.
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