Metro hands over evidence in demotion case

Cathy Scott

Tuesday, Dec. 9, 1997 | 11:06 a.m.

After pressure from the American Civil Liberties Union and an attorney, Metro Police has handed over evidence used to demote former Lt. Debra Gauthier.

Gauthier, a 17-year veteran, was demoted to sergeant Sept. 13 after a male subordinate secretly tape recorded conversations with her. The tapes were turned over to Metro's Internal Affairs Bureau and were used as evidence. Until late last week, Gauthier was denied access to those tapes because Metro said it was a personnel matter and violated other employees' rights to privacy, according to Gary Peck, executive director of the ACLU of Las Vegas.

Peck and Anne Golonka, president of the local NOW chapter, held a news conference last week calling for Metro to hand over the information used against Gauthier.

Last week, officials gave copies of two tapes and the transcripts of those tapes to Tom Beatty, Gauthier's attorney. Gauthier is scheduled to appear before the Civil Service Board Dec. 16 for a review of Metro's ruling. Beatty, in a letter to Metro, said that without the information, Gauthier could not defend herself.

Beatty said Monday that the transcripts "unfortunately are not complete, and neither transcript seems to be accurate."

"There are some words that are missing and there are some things that are mixed up."

Still, he said, it's a start.

"We think we'll be prepared," Beatty said. "They also are to turn over a number of witness statements. They haven't done that yet."

Peck said he was "heartened that Metro has finally figured out how inappropriate it was to make such a profound personnel decision based on evidence that they refused to turn over."

"We believe that decency and fairness require that they turn over any and all evidence they used to demote Officer Gauthier. Anything short of that is legally and morally unacceptable."

A new department policy bans employees from covertly taping their supervisors without permission from the undersheriff. The policy, dated Sept. 18, came just five days after Gauthier's demotion.