Former Gunnison patrol lieutenant suing county sheriff

Claims reason for job termination was insufficient

By Adam Broderick

Gunnison County Sheriff Rick Besecker responded this week to claims filed against him in a civil lawsuit by former Deputy Scott Jackson.

Jackson ran against Besecker in last November’s election and was released from his position with the Sheriff’s office several months after the election. Jackson is now suing Besecker, saying he believes his job termination violated his First Amendment right to free speech.

Jackson believes sheriff Besecker did not provide suitable rationale for his termination. According to a letter sent from Besecker to Jackson last March, Jackson’s position as a deputy sheriff “undermines the effective discharge of [Besecker’s] duties as Gunnison County Sheriff … and overall impedes the efficient performance of [the Sheriff’s Office’s] obligations.”

Besecker and other sheriff’s office employees had filed several complaints regarding Jackson’s job performance, both before and after the election. But Jackson says Besecker refused to give specific examples, and says Besecker was required by law to give good reason for terminating his position.

Besecker was required by law to give reason for termination, and contends that he did. According to state governmental termination policy, specific examples are not required.

Jackson claims his job termination violated his right to free speech when he ran against Besecker in the November election and his right “to speak out on issues of public concern, to campaign for the office, and to organize support for his candidacy.”

According to court documents filed by Jackson, his “First Amendment activity was a substantial motivating factor in Besecker’s decision to take adverse employment action against him.”

Both Besecker and Jackson respectfully declined to comment on the civil case. But Besecker answered the allegations in court documents that maintain he was not in violation of federal or state law when he terminated Jackson’s position with the Sheriff’s Office.

To justify Jackson’s termination, the document states that Besecker “was required to reassign some of the duties which had been assigned to [Jackson] prior to and during the campaign.” Besecker also maintains that Jackson “has failed to reasonably mitigate his alleged damages,” and “alleged damages, if any, were caused by reason of [Jackson’s] acts and conduct, not by reason of any conduct of [Besecker].”

Sheriff Besecker also maintains that Jackson “served at the pleasure of the Sheriff, and thus had no right to continued employment.”

Originally, Jackson also included the Board of County Commissioners in the lawsuit, but he voluntarily dismissed the board from the complaint last month.

Besecker requested that the case be tried in front of a jury. By August 18, the time and date for a scheduling conference will be set. Judge Kane of the U.S. District Court of Colorado is handling the case.