Former Quincy police officer suing city

EPHRATA - A former Quincy police officer is suing the city and a former police chief and sergeant.

Darren Smith filed a civil lawsuit in Grant County Superior Court claiming wrongful termination, breach of promise and defamation.

The former officer claims problems between himself and the former chief and sergeant started in fall 2007, roughly nine months after he started working for the department, according to the complaint. 

He reportedly questioned the transparency in how a sergeant was selected, suggesting meeting with the civil service commission to make "recommendations for a fair and legitimate selection process."

Smith claims former Sgt. Scott Jones became hostile to the suggestion, yelling at Smith and another union member for raising the issue, according to the complaint. 

After the exchange, Jones reportedly requested Smith change a use of force report to be "untrue and could have subjected Smith to discipline and prosecution."

"After Smith refused to change the report, Jones stormed into the squad room and shouted in an aggressive tone, 'You must not like working here!'" according to the complaint.

Problems reportedly continued after Smith brought a number of complaints to the city's safety committee in December 2007 and January 2008, according to the complaint. Smith alleges he brought the issues to the committee at the invitation of the committee's police department representative.

"Among the concerns was the practice established by Jones for the removal and storage of shotguns," according to the complaint. "Other concerns involved the condition of the tires for patrol vehicles, dangers posed to officers while fueling patrol vehicles, lack of a secure area to park patrol vehicles and a lack of security at the police department due to inadequate doors and windows."

Smith claims Jones ridiculed him for raising safety concerns, and allegedly threatened to fire him or anyone else violating Jones' policy, according to the complaint. Smith was reportedly threatened for violating the chain of command and Jones allegedly told Smith he could be disciplined for insubordination.

"Through Jones and (former Police Chief Bill) Gonzales, the city created an intolerable work environment for Smith wherein he was compelled to leave his employment on April 25, 2008," according to the complaint. 

Smith submitted public records requests on Dec. 23, 2008, according to the complaint. The same day Gonzales reportedly issued a memo barring Smith from entering the police department beyond the information window.

"Gonzales stated that Smith's presence at the police department was a 'safety issue' for the personnel," according to the complaint. "Gonzales stated the contents of the memo and gave a copy of it to (then) Grant County Sheriff Frank DeTrolio."

Smith claims barring him entry by stating it was a safety issue has a "derogatory effect on Smith's professional prospects and reputation in the law enforcement professions." 

Smith's attorney, Steven Lacy, made similar claims about the actions of Gonzales and Jones in a federal lawsuit dismissed earlier this year. 

U.S. District Court Judge Rosanna Peterson ruled the city didn't violate Smith's First and 14th Amendment rights during and after his employment. She ruled without the violation, his claims about the city violating public policy should be handled by state courts.