Officer sues Metro Police over internal investigation

Bill Gang and Jerry Fink

Thursday, Nov. 19, 1998 | 11:21 a.m.

Metro Police Sgt. Debra Gauthier has filed a District Court lawsuit alleging that she is being unfairly targeted for an internal investigation on vague claims that she "engaged in harassing conduct of a religious and sexual orientation nature" apparently toward a lieutenant.

There was to be a hearing today on the motion for a preliminary injunction against Metro Police at 4 p.m. before District Judge Sally Loehrer.

That lieutenant, according to the lawsuit filed by attorney Thomas Beatty, is the designated investigator of another complaint filed the same day -- Nov. 10 -- alleging that Gauthier violated Metro's "subversive acts" regulation.

The lawsuit seeks a restraining order and an injunction preventing Metro from going forward with the probes.

Along with the complaints, Gauthier was given notice that she was being relieved of duty pending completion of the investigations.

Metro Police spokesman Steve Meriwether said today that as of Wednesday, she still was employed by the police department.

The lawsuit complains that Gauthier's First Amendment free speech rights are being violated and the vague charges do not give her an opportunity to prepare a defense.

The notice she was given of "subversive acts" alleged that from Sept. 1 through Nov. 9 she "made comments to your squad and other department members that tend to bring the department or its administrative officers into disrepute or ridicule or which tend to disrupt or impair the performance of official duties and obligations of officers."

The harassment complaint alleges she violated departmental policy stating that "all employees have the right to work in an environment free of all forms of harassment, hostility and discrimination ..."

The lawsuit noted that "the investigative interview ordered (over alleged subversive acts) is to be led and conducted by Lt. Bob Chinn, the same person listed as the complainant in the pending investigation (over harassment allegations)."

An injunction, Beatty stated in the lawsuit, would prevent irreparable harm to Gauthier's career.

The legal action asks District Judge Sally Loehrer to prevent the investigations until Metro provides specifics of the violations.

A declaration is also being sought from the judge that Metro never lawfully adopted the harassment policy.

Gauthier was demoted from lieutenant to sergeant in July 1997, but that demotion was not put into effect until the conclusion of a hearing by the Civil Service Board in March.

Authorities said she was demoted because she allegedly retaliated against a sergeant who complained about her to superior officers.

Sgt. Chuck Jones secretly tape recorded her to support his complaints. Five days after her demotion, the department implemented a new directive banning covert taping without permission.

During the appeals hearing, Undersheriff Richard Winget painted a picture of Gauthier as a vengeful, 17-year veteran out to get her subordinate.