Commissioners decline to hear Wallace grievance

Jay Wallace will get one more chance to get his job back with the Island County Sheriff’s Office. Wallace, who was fired from his job as a sheriff deputy after he lied to investigators during a probe into his lack of response to a 911 call where a woman was being held hostage in Freeland, can now make his case before a state-appointed judge in an arbitration hearing.

Jay Wallace will get one more chance to get his job back with the Island County Sheriff’s Office.

Wallace, who was fired from his job as a sheriff deputy after he lied to investigators during a probe into his lack of response to a 911 call where a woman was being held hostage in Freeland, can now make his case before a state-appointed judge in an arbitration hearing.

Wallace, who is also a candidate for sheriff, had filed a grievance with Island County officials over his dismissal.

But after a closed-door executive session Monday, the Board of Island County Commissioners declined to hear Wallace’s grievance.

Sheriff Mike Hawley had previously denied Wallace’s grievance.

Wallace, however, received support from the Island County deputies union earlier this month to pursue arbitration.

The Island County Deputy Sheriff’s Guild voted on July 19 to support Wallace’s grievance efforts.

“The Deputy Sheriff’s Guild voted to further Jay Wallace’s grievance to arbitration,” said Lt. Dan Todd, vice-president of the union.

Wallace, who was present for part of the meeting, said he answered questions from deputies about the 911 incident.

“I answered questions in depth for nearly an hour,” Wallace said.

Wallace said he also made a statement during the meeting.

“I told them the truth of the matter,” he said.

Wallace also submitted a written statement to the press.

“The Criminal Division of the Island County Deputy Sheriff’s Guild decided to support Jay Wallace for arbitration after studying and reviewing the internal investigation allegations against him,” Wallace said in his written statement.

Union officials did not release the actual vote count, instead saying only that a majority of deputies at the guild meeting voted to support Wallace. The vote took place during a special meeting called to address Wallace’s termination. The guild includes deputies from the patrol division, detectives, sergeants and lieutenants.

Island County Human Resources Director Larry Larson said the county commissioners review an employee’s contract and the reason for the discharge before deciding to hear a grievance.

With the commissioners’ refusal to review the case, Wallace’s complaint will be now heard by a state-appointed arbitration judge. The arbitration process is a quasi-judicial hearing that involves depositions and testimony.

A date for the arbitration hearing has not yet been set.

Hawley said that he stands by his decision to terminate Wallace.

“This is the right of due process for Mr. Wallace to appeal in this manner. The decision by the guild to move forward with arbitration does not alter whatsoever my original termination,” Hawley said.

Wallace was terminated by Hawley in April, after an investigation into Wallace’s response to two 911 calls in February where a woman was allegedly being held prisoner. The woman escaped the following day, and county officials later said that Wallace lied about the incident to investigators.

Wallace was placed on administrative leave after the 911 controversy on Feb. 7 and was fired on April 10.

He was “discharged for cause” following an internal probe that was conducted by a special investigator selected by Hawley.

Wallace is still under a criminal investigation by the state Attorney General’s Office.

On April 11, the attorney for the Island County Sheriff’s Deputies Guild filed a grievance over Wallace’s dismissal with the sheriff.

In that grievance, attorney Patrick Emma wrote that the guild said the decision to terminate Wallace’s employment violated the working agreement covering sheriff deputies, which requires “just cause” for all discipline.

Emmal maintained that Wallace was neither dishonest nor untruthful during the investigation into the 911 calls.

Wallace is one of four candidates for Island County sheriff.

He first filed as a Republican, then switched parties in June to become the sole Democratic candidate.

The other three candidates are Mark Brown, William “De” Dennis and Lenny Marlborough.

Gayle Saran can be reached at 221-5300 or gsaran@southwhidbeyrecord.com.