Our lives begin to end the day we become silent about things that matter.” - Martin Luther King, Jr.

Wednesday, June 2, 2010

Sheriff on collision course with Constitution?

Iredell County Sheriff Phil Redmond may have violated the U.S. Constitution when he fired four reserve/part-time officers and dropped the law-enforcement certifications of nine people – including the four who were fired – who openly supported Mark Nicholson, Redmond’s strongest competitor, in the May 4 primary.

The day after the primary results were in, the sheriff’s office began contacting four of Nicholson’s supporters who were reserve/part-time officers to inform them that their “services are no longer needed” by the sheriff. The sheriff then dropped those four individuals’ certifications, which means they cannot practice law enforcement unless or until another agency agrees to hold their certifications. If within one year they do not find someone to hold their certifications, they would have to start over with basic law-enforcement training if they ever decide to enter the law-enforcement profession again.

In addition to firing those four officers and dropping their certifications, the sheriff – within 10 days after the primary – took it upon himself to drop the certifications of five additional inactive officers who openly supported Nicholson. The reason provided: “resignation of officer.” But interestingly, the officers had been resigned from the sheriff’s office for up to a decade. Though they were inactive, Redmond had chosen to hold their certifications - obviously until they chose to openly support someone else for sheriff.

While employment in North Carolina is generally at-will, which means an employer can fire an employee for virtually any reason, public employers such as the Iredell County Sheriff’s Office are obligated to abide by the Constitution. And Redmond’s apparent decision to alter the employment status of nine Nicholson supporters may have run afoul of the First Amendment’s protection of the right of political association. This is the case despite the generally at-will nature of employment in North Carolina, as explained by the Supreme Court.

The Court has held that “the First Amendment prevents the government, except in the most compelling circumstances, from wielding its power to interfere with its employees' freedom to believe and associate, or to not believe and not associate.”

Supreme Court Justices also agreed in 1976 that “the practice of patronage dismissals is unconstitutional under the First and Fourteenth Amendments” because they “severely restrict political belief and association” (Elrod v. Burns). “Political belief and association constitute the core of those activities protected by the First Amendment …”

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
~ First Amendment

One potential exception to the rule is a person who helps set policy – that person can actually be dismissed if s/he supported another candidate or is a member of a different party. The Justices noted “the need for political loyalty of employees, not to the end that effectiveness and efficiency be insured, but to the end that representative government not be undercut by tactics obstructing the implementation of policies of the new administration, policies presumably sanctioned by the electorate.”

Therefore, the Court held: “Limiting patronage dismissals to policymaking positions is sufficient to achieve this governmental end.”

The problem that the Court acknowledged with that, however, is that “no clear line can be drawn between policymaking and nonpolicymaking positions.”

“Nonpolicymaking individuals usually have only limited responsibility and are therefore not in a position to thwart the goals of the in-party,” the Court said. At the same time, however, even someone with a number of responsibilities cannot necessarily be considered a policymaking individual. Therefore, “the nature of the responsibilities is critical.”

“An employee with responsibilities that are not well defined or are of broad scope more likely functions in a policymaking position,” the Court said. “In determining whether an employee occupies a policymaking position, consideration should also be given to whether the employee acts as an adviser or formulates plans for the implementation of broad goals …”

The Court placed the “burden of establishing this justification” onto the shoulders of the public employer. Cases in doubt, it was determined, should be resolved in favor of public employees.

“More fundamentally, however,” the Court determined, “any contribution of patronage dismissals to the democratic process does not suffice to override their severe encroachment on First Amendment freedoms. We hold, therefore, that the practice of patronage dismissals is unconstitutional under the First and Fourteenth Amendments …”

In concurring in the judgment in Elrod v. Burns, Justice Stewart noted: “The single substantive question involved in this case is whether a nonpolicymaking, nonconfidential government employee can be discharged or threatened with discharge from a job that he is satisfactorily performing upon the sole ground of his political beliefs. I agree with the plurality that he cannot.”

When the Iredell County sheriff and his sworn staff take their oath of office, they affirm by God that they will “not be influenced in any matter on account of personal bias or prejudice” and that they will “support and maintain the Constitution and laws of the United States…” They also swear to “faithfully and impartially discharge and execute the duties of [their] office as a law-enforcement officer” to the best of their skills, abilities and judgment.

Many comments have been made here during the past few months asserting that sheriff’s office employees fear retaliation for practicing the freedoms that are enjoyed by common citizens – freedoms that are granted and protected by the U.S. Constitution. And many people, throughout the campaign season, stated that employees at the sheriff’s office are often reminded that they “work at the pleasure of the sheriff.”

That kind of work environment seems to contradict the very principles that the sheriff has listed on his homepage (www.iredellsheriff.com). Among those principles:

• recognizing the importance of each individual employee,
• maintaining a work environment where employees can grow professionally, and
• upholding the Constitution of the United States of America and the State of North Carolina.

The U.S. Constitution gives citizens the right to speak and associate freely. And the Supreme Court has stated in no uncertain terms that firing public employees because of political association is unconstitutional.

Yet shortly after the Iredell County primary, Redmond fired four part-time/reserve officers and then dropped their certifications, along with the certifications of five other inactive officers, who had demonstrated their support for another sheriff candidate during the campaign season.

If Redmond in fact altered those individuals’ employment and/or certification status simply because they supported a different candidate for sheriff, he very well may have done so in violation of the Constitution.

And, unfortunately, the sheriff’s recent actions seem to lend credibility to the assertions that public employees within the sheriff’s department have real cause to fear retaliation for exercising their constitutional rights and freedoms.

240 comments:

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Anonymous said...

This whole Redmond thing is a bunch of crap, so much fear and power and control. Do you know how powerful Redmond is to God? He is as meaningless as a speck of dust on a fleas behind.

Fighting corruption in Iredell County may seem like a monumentous undertaking but it isn't really. Two years from now this will seem as meaningless as Crone being indicted. Once it is done and a determination of guilt is found in the courtroom, it is all water under the bridge.

That is what Redmond will be when it is all over, water under the bridge.

So you Redmondites call everybody out. Call out names, make accusations. Tell us why these people lost their certifications other than supporting Mark and going against Redmond. Tell us and bring this thing to a head.

Redmond is a shady ass bully. Period. Let's get this thing over with I have other things to do.

Anonymous said...

That is what I thought; There is no reason why officers certifications were dropped other than the fact that Redmond is a vindictive low life piece of shit with low self esteem issues.

Time for a Federal lawsuit.

Anonymous said...

To all the Nicholson supporters...

"“You are a coward when you even seem to have backed down from a thing you openly set out to do” -Mark Twain

More for the Nicholson supporters...

“As the ostrich when pursued hideth his head, but forgetteth his body; so the fears of a coward expose him to danger.”

Here is a quote for BOTH sides...

"“Hatred is the coward's revenge for being intimidated.”

Anonymous said...

Bunch of wimps on BOTH sides.

Anonymous said...

Tell you what Redmonites. Since you know so damn much, type my name three times to conjur me up and I will tell on here why Redmond is a thug based on my own personal experience.

Then, I will be outside the ICSO the next day at 8:00 in the morning if anyone would like to come out and call be a liar. I hate standing around so I will bring a chair.

Anonymous said...

I will also explain how those under him operate and explain why there are obvious connections to gambling. No hearsay, what I personally know.

All you have to do is type my name three times to conjur me up.

Anonymous said...

It's not Rumpelstiltskin, guess again.

Anonymous said...

It's not Candyman. You have to look in a mirror and say his name five times.

Anonymous said...

Let's get it on. Time for the truth to come out. When is the election fraud going to be handled? We ALL know it was done. That was in the damned paper. What was your comment about that Steve Johnson? I wish I could find that article without going through those film strips at the library. Too much trouble to go theough when we all know it happened.

Adams, sorry you didn't get to keep those firearms. Nice try buddy. I heard that Sheriffs Stsandards cleared you on that. Problem is that a bunch of guys on the good ol' boy system may have cleared you so you could keep your certification but that doesn't keep you from having criminal charges brought.

So, why did Redmond let you keep your car and move you to the jail so things could cool off? Why would he stick his neck out like that? Are you going to cover for him when the shit hits the fan or tell so much the SBI won't be able to write it all down?

It's nice to have a felony reduced to a misdemeaner and then have that misdemeaner removed from your record. Must be nice.

How about the jail file on another officer for DWI. Supposedly he got pulled for another one about 8 months ago but someone got him out of that. I guess when you have hauled inmates to the Sheriffs house to spread gravel and hauled moonshine you get looked after.

Anonymous said...

Just type my name three times. You want to discuss this in public, here we are. I know for a fact that there are several news agencies who read this methodically. That is about as public as it gets.

PLUS, if you type it today you get a special bonus; I will be out in front of the Iredell County Sheriffs Ofice at 8 tommorrow morning if anyone wants to call me a liar. I will even bring my own video crew. Hell, I will contact WSOC, WBTV and channel 14 as well.

Three times. Type it three times and it's all yours.

Anonymous said...

You know the Sheriff has been known to haul moonshine. Yeah, showed up one place with two cases in his trunk and gave them a quart.

I'll be honest with you, if Redmond wasn't such an asshole to everyone I really could care less. But, you piss on enough people it is going to come back around.

Redmond has to go. Now.

Anonymous said...

Oh yeah, that moonshine was in the trunk of his county car. How freaking disrespectful and bold is that?

Three times, just type my name three times. Ya'll think you have a handle on this? Not by a f--cking long shot.

Anonymous said...

Guess what Sheriff, I have my own walking tall stick. Made it myself.

I know, I know, you have that one in your office that some guy made you because you reminded him of Buford Pusser who single-handedly cleaned up corruption. The guy doesn't know you very well, does he?

Guess he fell for "It's not what you do, it's what people think you do."

Type my name and I will be there, with my stick.

Anonymous said...

Legal disclaimer; I have a bad leg and will have my stick for walking assistance purposes only. Consider it symbolism.

Anonymous said...

You don't need an attorney and a court order to get my IP address. Just type my name three times. I will be there, in the morniong with copies of the statements I am willing to back up. I will have enough for you and the press.

They can take photos of me with my "indict Redmond" t-shirt and my walking tall stick handing those copies to you.

Time to get this shit rolling. Somebody has to be David and meet the giant. Might as well be me.

Anonymous said...

This is all bullshit, right? This blog is a joke and the people on here are a joke. That's what you keep saying.

Call me out and we will all laugh together. You claim to know everything and have everything under control...who am I? Will that be "public" enough for you? Out in front of the ICSO with paperwork and press? Works for me.

As James Taylor said, "You just call out my name"

Anonymous said...

Well, if this is going down tomorrow morning..I will be there!! Somebody PLEASE call out his/her name so I can see this go down! I would call his/her name but I have no clue who it is!
I am not a Redmond supporter and I want front row seats!

Anonymous said...

6:10

Are you one of the Officers that posts on here to get his rocks off or just a rude,nasty friend or relative of the Sheriff. Either way your post speaks volumes about the kind of people that support him. And I am sure Duck could care less who has his IP address as well as myself.

Just remember if the Sheriff sue anyone for posting then we will all get the IP addressess and we will know who you are as well. Ever heard of a counter suit.

And I can tell you that anyone who is decent and did leave or get fired from the Sheriff's department during the last year or so is enjoying thier unemployment and the fact that they are not there working for people the likes of you.

Anonymous said...

Hey you Redmondites, I know who his name is but am on the other side. I know you know who it is, so call out his name. What are you afraid? Get to it, you have posting on here for months about going public and showing some verifictions. He says he has it. Lets go. What a bunch of cowards and bullies.

No, you know he has it that is why you are not calling out his name.

Redmond your days are numbered. You should have retired while the going was good. Now maybe you will go down as one of the longest and most corrupt Sheriff's in NC history.

Anonymous said...

GO BILL STAMEY !!!!!!!!

Anonymous said...

You Redmond supports. Just think what will happen when everyone who knows something about the Sheriff and his illegal doings and those that work for him their illegal doings all come out and tell it all.

Ever heard the phrase" there is safty in numbers". Up until now there has only been one or two people at a time trying to do something about Redmond without any public voice. But now a group is forming who are going to have large voice. Alot harder to bully a large group of people and alot harder to do something to them all. Like I said there is safty in numbers.

And by the way you can thank Nicholson for this wake up call. People have seen that there are those good guys still willing to do what is right despite the consequences. Don't think it would have happened if he hadn't run and lost.

Anonymous said...

i went at 8am and nobody was there

Anonymous said...

11:14 has got to be d-d-d-d-Bedah-Badee-D-Dowdle. Nobody else would post something that freaking thick headedly stupid.

Go listen to your deliverance hooked on phonics and leave the keyboard alone. You know you can't think unless the Sheriff tells you what to think.

Oh, and call my name when you get the balls. I'm ready to go.

Anonymous said...

I already come home everyday expecting to find to find my house broken into or a search warrant served involving the "discovery of drugs". So what the hell, I might as well come on up there and get this shit rolling.

Bonsai!!!!!

Anonymous said...

Note to self...pick up blank shirt to make "Indict Redmond" t-shirt.

Anonymous said...

10:21 don't you help them out. Let them start this whole thing. I wouldn't want to be deemed a troublemaker.

Anonymous said...

Stiiiillll waitin'...

Anonymous said...

I will have my "Indict Redmond" t-shirt made tonight. The voices keep telling me that he has to go.

The voices are those of the Iredell County citizens.

Just SAY my name. It's kind of like getting somebody to say Uncle.

Anonymous said...

Let's have a really public meeting like you wanted.

Anonymous said...

The former chief of the Mooresville Police Department turned himself into the Iredell County Detention Center on embezzlement and obstruction of justice charges, sources said.
Law enforcement sources said Crone turned himself around 6 p.m. Monday.
Crone was indicted by an Iredell County Grand Jury recently in connection with an investigation involving a charitable program run by the police department.
For more information on this story, see Wednesday's Record & Landmark or Mooresville Tribune.

Anonymous said...

GO BILL STAMEY !!!!!!!!!!

Anonymous said...

Why read it in Wednesday's Record & Landmark or Mooresville Tribune for .75 when we can probably read it here tomorrow? No offense, but old news isn't that impressive. It's kind of flattering if the two other news sources in Iredell County have take to advertising here.

Jamie, fill us in.

Anonymous said...

Now that Crone has been indicted and turned himself in, time to go to the county. The big press is reading this blog and waiting for the info they need to move in.

Redmond, your days are numbered.

Anonymous said...

let me take a guess

bob bob bob

ron ron ron

steve steve steve

Anonymous said...

No No No. Thanks for trying though.

Anonymous said...

Thought ya'll knew everyone who was posting and there are going to be big lawsuits and everyone will have to explain and people will lose jobs and blah blah blah blah blah.

Anonymous said...

12:16 I have moved over to tonights Crone post by the way. You can catch up to me there.

Anonymous said...

i went out to the sheriff's office again and saw nobody there making any public statements. I was hoping you would actually follow through as it would give substantial credibility to the various allegations made. However, your failure to follow through with your promise means you no longer have any credibility. Thanks for clearing up that matter for me.

Anonymous said...

June 8, 2010

What is the name of the person that has no credibility and what is your name?

Anonymous said...

I am a citizen of Iredell County snd frankly, I am amazed at the way everyone talks to each other. To be more to the point, I used to feel that Law Enforcement as a whole, in this county, was top notch. I hope you ALL are happy for tarnishing your reputations and bringing question as to the Professionalism of your Departments. Why don't you all find a field somewhere, fight, then drop it.

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