Discrimination charge against county sheriff dismissed after 2 years PDF Print E-mail
Written by By JENISE FOUTS Sentinel Staff Writer   
Tuesday, 29 December 2009 09:22
sm_sheriff_story
File photo. Wood County Sheriff Mark Wasylyshyn.
After a two-year legal process regarding a deputy's charge of discrimination, a federal court judge has ruled in favor of Wood County Sheriff Mark Wasylyshyn and the countys commissioners.
On Dec. 23, Judge Jack Zouhary with the U.S. District Court for the Northern District of Ohio, Western Division, granted a motion for summary judgment filed by the defendants, Wasylyshyn and the three commissioners.
The action dismissed a charge of discrimination filed in 2007 by Deputy James Kimble that he was passed over for a promotion because he is African American. The promotion was given to Deputy Rodney Konrad, a Caucasian.
Wasylyshyn said Monday the issue took two years because "it's a long process in federal court, with hearings and depositions. It's a slow process."
A motion for a summary judgment was filed by the defendants, resulting in a hearing on Nov. 2. Wasylyshyn said a request for a summary judgment acknowledges all the hearings and depositions have been done.
"We're saying, there is no case here. The judge agreed to a hearing for a summary judgment. He agreed with us there was no discrimination to take the case forward. ... The judge had a very strong ruling."
In Zouhary's 13-page Memorandum Opinion and Order, he noted the sheriff office posted a job opening in August, 2006 for an environmental sergeant in the Environmental Division. The duties included enforcing solid waste laws, inspecting junkyards and supervising deputies in charge of the inmate litter control crew. Only Kimble and Konrad applied.
Both men were interviewed by a five-member panel which then made a recommendation to Wasylyshyn for his final decision, a process which he instituted when he became sheriff in 2005. The panel found both deputies equally qualified for the position.
A key deciding factor in Konrad's being promoted instead of Kimble was each deputy's record of citations and arrests in the nine-and-a-half months prior to the panel's interview. Konrad had issued 168 citations and conducted 22 arrests, while Kimble had 11 citations and four arrests.
In his opinion Zouhary wrote, "Wasylyshyn asserts that he based his promotion decision on Konrad's superior record of enforcement activity, which meshed with Wasylyshyn's stated goal of increased enforcement activity throughout the department, including the environmental sergeant position." Using the statistics was "a valid way to distinguish between two otherwise similarly qualified candidates."
The judge ruled that Kimble "has not met his burden of showing that defendants' valid explanation of their decision was a pretext for discrimination," and granted their motion for a summary judgment.
"I am very pleased that the federal judge concurred there was no discrimination, and we did everything correctly in our promotional process," Wasylyshyn said of the ruling.
Last Updated on Tuesday, 29 December 2009 10:09
 

Front Page Stories

Give me liberty ... and a fun camp
07/12/2014 | DEBBIE ROGERS Sentinel Staff Writer
article thumbnail

Cheryl Garlow shows kids how to write with a feather pen during Liberty Camp at the 577  [ ... ]


CSX moves on expansion, without government dollars
07/12/2014 | ALEX ASPACHER Sentinel Staff Writer
article thumbnail

The CSX Northwest Ohio Intermodal Terminal in North Baltimore. (Enoch Wu/Sentinel-Tribun [ ... ]


Other Front Page Articles
Sentinel-Tribune Copyright 2010
authentic louis vuitton cheap louis vuitton discount louis vuitton louis vuitton alma louis vuitton artsy louis vuitton backpack louis vuitton bags louis vuitton belt louis vuitton black friday louis vuitton clutch louis vuitton crochet louis vuitton crossbody louis vuitton cyber monday louis vuitton damier louis vuitton delightful louis vuitton designer louis vuitton duffle louis vuitton epi louis vuitton handbags louis vuitton iphone louis vuitton leather louis vuitton luggage louis vuitton men louis vuitton monogram louis vuitton neverfull louis vuitton outlet online louis vuitton palermo louis vuitton purses louis vuitton sale http://www.foodandsoul.com/ louis vuitton scarf louis vuitton shoes louis vuitton speedy louis vuitton sunglasses louis vuitton totally louis vuitton totes louis vuitton wallets louis vuitton women replica louis vuitton canada goose Banff Parka canada goose black friday canada goose Chateau Parka canada goose Chilliwack Bomber canada goose Citadel Parka canada goose cyber monday canada goose Expedition Parka canada goose Freestyle Vest canada goose jackets canada goose Kensington Parka canada goose Langford Parka canada goose Montebello Parka canada goose Mystique Parka canada goose Ontario Parka canada goose outlet canada goose parka canada goose sale canada goose Snow Mantra canada goose Solaris Parka canada goose Trillium Parka canada goose Victoria Parka canada goose Whistler Parka canada goose Yukon Bomber cheap canada goose http://www.lazandunguera.com/