Panel returns job to sheriff’s deputy
Editor’s note: This is part one of a two-part series.
“I often wonder why didn’t my captain, Yohance Brunson, fight harder for me knowing that the decision was made without him knowing, knowing I’ve been essential and instrumental to the drug task force and the sheriff’s office as a whole since day one. I believe that captain Brunson thought he would suffer the same fate as me had he said anything.”
Those were the words of a tearful Joseph O’Neal, former Jefferson County Tri-County deputy sheriff, during his grievance hearing in front of the Jefferson County Quorum Court Human Resource Committee on Tuesday. After going into an executive session, the five-person committee, which is made up of justices of the peace, returned to the meeting room where they voted unanimously to reinstate O’Neal.
O’Neal filed the grievance with the Jefferson County Human Resource Committee to resolve a disciplinary action against him. The action was related to an alleged violation of the Jefferson County sheriff’s office’s standards of conduct/ discipline and insubordination that resulted in his termination from the agency on Jan. 20.
As his mother watched from a distance in a standing-room-only Quorum Court meeting room, O’Neal wiped the tears from his eyes while expressing how he trained two supervisors who were promoted over him without complaint.
O’Neal received a lateral transfer notification on Jan. 6 moving him to the Uniformed Patrol Division due to complaints from co-workers within the Drug Task Force division. But it was not the complaints that O’Neal was rebutting or the lateral transfer. Rather it was
that the complaints named another deputy who was not disciplined and was still in the department.
“I never thought in my 11 years of tenure that I would ever have to go through something like this,” said O’Neal after he was sworn in by a court recorder. “I believe there was no rational basis for different treatment as I was not the only employee mentioned in the complaints. I believe that this decision was made arbitrarily and I am here with a desire to clear my name. As it stands today I have an untarnished reputation in the community.”
THE COMPLAINTS
Complaints from several investigators of the sheriff’s office who worked with O’Neal were documented from May 19, 2022, to Nov 29, 2022, and were provided during the hearing. The documents had been obtained through a freedom of information request made by O’Neal.
The complaints filed by a female co-worker reference both Sgt. Courtney Kelly and O’Neal, alleging they talked down to her and others, and cursed, yelled and belittled her in front of suspects on traffic stops, at scenes or in public in general.
Other employee complaints provided in the file accused both O’Neal and Kelly of harassing behavior and hostile working conditions.
Some of the complaints listed by Courtney Kelly include:
■ On occasions when Sgt. Kelly/O’Neal made traffic stops that didn’t result in violations, they would assign other deputies to the case file. Afterward, Kelly would tell them to put down his name as the affiant.
■ O’Neal constantly called others trash and stupid and ridiculed her on numerous occasions.
■ O’Neal stated multiple times that he ran his division and he didn’t need Capt. Brunson.
■ O’Neal stated that he was “untouchable” and “always on the winning side.”
■ Kelly and O’Neal stated numerous times that they didn’t like another officer and refused to help him in any way.
■ Kelly and O’Neal made rules that benefit them in the long run.
In a complaint addressed to Chief John Hughes and Major Gary McClain, the investigator filing the complaint writes: “I fear if they hear I wrote this, I will be plotted against but on a more severe level.”
“After receiving a response to the FOIA request I additionally received a list of compiled complaints which I was initially advised by Chief Hughes, were all verbal,” said O’Neal.
“Upon reviewing some of the compiled complaints, I discovered that Sgt. Courtney Kelly was also mentioned in the complaints but I was the only one disciplined. Why were these statements just accepted and acted upon?”
FACTS PRESENTED BY O’NEAL
Chaired by Quorum Court member Danny Holcomb, the Human Resource Committee listened as O’Neal pleaded his case.
“I believe there was no rational basis for different treatment, as I was not the only employee mentioned in the complaints,” said O’Neal. “I believe that this decision was made arbitrarily.”
With the desire to clear his name, O’Neal presented what he felt were facts to the committee along with supporting documents, stating his appeal to Sheriff Lafayette Woods Jr. had failed.
Facts presented by O’Neal included the following:
■ On Jan 6, 2023, at 11:59 a.m., Chief Deputy John Hughes disseminated communications that a personnel transfer involving Tri-county Drug Task Force investigator Joseph ONeal was to be laterally transferred to the Uniformed Patrol division.
■ Jan. 10, 2023, O’Neal was contacted by Captain Yohance Brunson, who informed him that he was moved because of complaints from co-workers but stated Brunson did not know any information regarding the complaints and that the move came from an order by Chief Hughes.
■ On Jan. 11, 2023, an email was submitted to Chief Hughes from O’Neal requesting a meeting to discuss the allegations/complaints lodged against him. Internal Affairs division Captain Fred Green was copied in the email.
■ On Jan 12, 2023, O’Neal received correspondence to the email from Chief Hughes.
■ On Jan. 13, 2023, at 9 a.m., O’Neal met with Chief Hughes, Major McClain and Capt. Brunson in the Simmons Bank Room at the Jefferson County sheriff’s office. O’Neal said during that meeting the administration failed to address any of his concerns and instead attempted to persuade him that he had no right to be upset about the abrupt manner in which his transfer occurred. He said at no point prior to his transfer was he made aware of any issues regarding his conduct or job performance by either his immediate supervisor Sgt. Courtney Kelly or his division commander Capt. Yohance Brunson.
“Due to the fact that the Administration neglected to follow the policy set forth, I was denied due process and the opportunity to disprove or dispute any complaints lodged against me which in turn would have afforded me the grievance process,” said O’Neal.
O’Neal said that because the move bypassed both the immediate supervisor and the division commander, the action broke the chain of command protocol, which is mentioned in the Jefferson County sheriff’s office policy.
WHAT HAPPENED DURING THE MEETING
According to written complaints made by Chief John Hughes, Major Gary McClain, Capt. John Bean and Capt. Fred Green, O’Neal was disruptive, began yelling, interrupted Hughes and Brunson several times and was asked to leave repeatedly but refused to do so.
“As it stands, I was the only one removed from the division,” said O’Neal. “I had evidence to completely disprove some of the things that were made in these compiled complaints. I had evidence to show the rest of the complaints were highly false, including videos.”
A packed meeting room listened to the audio of the meeting and watched surveillance footage afterward, giving the audience a different perspective from what was written in the complaints. In the audio recording, in some instances, O’Neal is the one who is being interrupted as he tries to gain an understanding of what happened to him and why.
A written complaint said O’Neal was escorted out of the conference room to the elevator by Capt. Green. Video shows, however, that O’Neal was already at the elevator when Green came from a different direction meeting O’Neal at the elevator.
Another complaint says that yelling was heard outside the conference room in the foyer and was believed to be a Clean Team member, but O’Neal claims a Clean Team consists of two or more detainees that would not be on that floor. The surveillance shows Bean walking into the hallway on his cell phone after O’Neal has left in the elevator.
SHERIFF’S RESPONSE TO O’NEAL
On Jan. 17, 2023, O’Neal said he was informed by letter that he had been placed on administrative leave for insubordination stemming from the meeting he had on Jan. 13. O’Neal said he then emailed a freedom of information request for any and all documents relating to complaints against him. He also requested his personnel file from Capt. Bean of the Training Division.
After submitting a request for the information, O’Neal said he received a phone call from Sheriff Woods during which Woods advised him to accept the decisions made by the administration, calling them constructive criticism.
O’Neal said on Friday, Jan 20, 2023, he was informed by letter that he had been terminated from the agency for his conduct and insubordination after he requested his entire investigative file regarding his termination.
During the appeal held on Tuesday, Jan. 31, O’Neal said he presented all of the relative facts, evidence and information that discredited several statements made by members of the administration.
“It is evident that Sheriff Woods showed extreme indifference toward any of my concerns nor attempted to address any of them,” said O’Neal.
The appeal hearing was held at 10:20 a.m. in front of a panel consisting of Woods, K-9 Deputy Bradley Shell, Deputy Michael Musgrove, Deputy Reagan Korban, Deputy Lola Linwood and Deputy Rodney Allen.
In an Outcome of Appeal letter submitted by Woods to O’Neal dated Tuesday, Feb. 7, 2023, it reads:
“You are responsible for how to respond to problems you confront daily, as we all are. As a well-seasoned law enforcement officer, you are expected to observe a higher standard of conduct. However, you displayed an extreme level of disrespect which was disruptive to command staff while meeting with you at your request. You were cautioned; however, you made the conscious decision to continue with your coarse speech and boisterous tone overtly disrespecting command staff and placing their authority in doubt.”
Woods said in his letter that O’Neal violated sheriff’s office policies dealing with on-duty speech restrictions and insubordination resulting in O’Neal being placed on administrative leave and dismissed following a more thorough administrative review.
“Your dishonesty, lack of integrity and total disregard for the implications of all of your actions, including your dismissal clearly prove that you do not subscribe to the morals, values and missions of JCSO,” said Woods in his letter to O’Neal.
In Part 2, former Chief Deputy Stanley James, who has handled many internal investigations for the sheriff’s office, talks about the inconsistencies when it comes to discipline and the unfair treatment, as he testifies under oath during O’Neal’s grievance hearing.