Mental health chief sues

By Timothy Pratt (contact)

Friday, Nov. 4, 2005 | 8:34 a.m.

The director of Southern Nevada's mental health agency has sued the state, alleging, among other things, that she has been retaliated against for speaking to the news media.

Dr. Jonna Triggs, Southern Nevada Adult Mental Health Services director, filed the complaint Thursday in District Court, naming as defendants Carlos Brandenburg, administrator of the Nevada Division of Mental Health and Developmental Services, and several others at state agencies.

Brandenburg could not be reached for comment.

The lawsuit alleges that a series of reprimands and a Sept. 26-30 suspension without pay were a consequence of Triggs speaking to the media early this year about mental health funding in Southern Nevada.

"I have an unblemished record for 27 years ... and for the last eight months there's been a barrage of reprimands and disciplinary actions ... that's unprecedented," Triggs said.

"I'm not going to be driven from my job just because they don't want me to speak out about the need here in Clark County."

Her lawsuit alleges that Brandenburg in 2001 cut the number of hospital beds for mental health patients in Clark County by eight -- while increasing beds in Northern Nevada.

It goes on to charge that Brandenburg's decision was a "direct cause" of mentally ill people filling up Las Vegas hospital emergency rooms in subsequent years. This lead to Clark County Manager Thom Reilly declaring an emergency in 2004.

Triggs has repeatedly said over the past year that budget increases would be needed for her agency to reverse the earlier trends.

The 2005 Legislature heard the pleas, increasing last year's $59 million budget to $73 million this year and $97 million next year.

Janelle Kraft, budget director for Metro Police and chairwoman of the Southern Nevada Mental Health Coalition, a group of 80 private and public agencies, said that Triggs had been "a huge asset to Southern Nevada."

"She has accomplished more for mental health (in three years as director) than we have in the last 15 years," Kraft said.

The suit seeks monetary damages, including compensation for Triggs' decision to "buy" three years of employment history from the state needed for her to reach retirement status, in case she gets fired before then.

It also seeks to stop the state from enforcing a policy prohibiting employees from speaking to the media without prior approval.

American Civil Liberties Union attorney Allen Lichtenstein said he could not comment on the case, but noted that there is precedence for "certain employees having limits placed on them by their supervisors if speaking on behalf of the agency (where they are employed)."

"If you're working at an agency and speaking against the wishes of that agency, the First Amendment is not going to protect you," he said.

Robert P. Spretnak, Triggs' attorney, said his client is not being allowed to speak on what he called "matters of public concern."

"I think the problems here are so obviously wrong that somebody in power should recognize that the First Amendment rights of Dr. Triggs and others are being violated and should be protected."

Timothy Pratt can be reached at 259-8828 or timothy@lasvegassun.com.