March 18, 2000
Sheriff's employees fired because of testimony?
By Jefferson Wolfe
Staff Writer
An attorney for two former sheriff's employees says both believe they were fired because of their testimony against the sheriff in a criminal case.
Tim Thwaits and Dennis Brady were fired Thursday by Sheriff H. Weldin Neff. Those two and Nancy Porter, a Seneca County Jail administrative assistant, had been placed on administrative leave during Neff's trial. All three testified for the prosecution in that case, in which Neff was acquitted of theft in office and intimidation charges.
"These guys were required both as legal and moral requirements of citizenship to testify in the case," said Columbus attorney Kinsley Nyce.
Neff has said that Brady and Thwaits are fiduciary employees, and can be fired without reason at any time.
Nyce said this is not correct. A fiduciary employee has to report directly to the sheriff, and Nyce said Porter and Brady were not fiduciary employees, but Thwaits' status wasn't as clear cut.
"Why are they being fired? We all know why they were fired &emdash; because they testified,' Nyce said.
"I think it's totally retaliating on the sheriff's part," said Brady, the Democratic candidate for sheriff. Brady said he thought the main issue was the testimony and not the race for sheriff, in which Neff is running for reelection as an independent. Tiffin Police Chief Tom Steyer is the Republican candidate.
"I think it's moreso because of our testimony in court and our future testimony," he said.
Neff still faces a misdemeanor menacing-by-stalking case in which he and supporter Dennis Smith are accused of stalking former dispatcher Alice Dohner. Brady said he is to be a witness in that case.
"That's all it is &emdash; it's just a masquerade," Nyce said.
Neff said Thursday, and reiterated Friday, that the firings were not in retaliation. He said there are other employees who testified for the prosecution in his case who still work at the sheriff's office.
Thwaits said he was not surprised by the firing.
"I think that the past months have been unfortunate for a great number of people," Thwaits said. "I truly believe it's time for the past to be simply that &emdash; the past. Everybody needs to move forward and end the vengeance, hatred and paranoia."
Brady and Thwaits said they want to go back to work.
"All we want to do is to continue to be able to work," Thwaits said.
Nyce has proposed to the Seneca County Commissioners that they deputize Brady and Thwaits until Jan. 5, 2001, the end of Neff's term.
"These two men will act and provide services to the Courts of Seneca County, serve papers and in all ways and manner act for the benefit of the Commissioners, courts and people of Seneca County. Wages, benefits and all matters for each man will remain as they were before Neff acted as he did, acting contrary to law and contrary to good sense," Nyce stated in a letter to the county commissioners.
The letter stated that both men will release the county from any liability and assure that no action will be brought against the county.
"As you are aware, the case may be brought in Franklin County Common Pleas, may be brought in Federal Court in Toledo and may also be brought simultaneously in Seneca County. That is some legal action. That will require some substantial expenses. We are ready to proceed but hope to avoid these eventualities," Nyce's letter stated.
"They would, in essence, become employees directed to focus on the courts," Nyce said.
"That seems to me to be a very simple solution," Thwaits said, adding that he did not want to be involved in long, drawn-out litigation.
The county commissioners are to consider the letter Monday at their next meeting.
Meanwhile, Porter received a letter from the sheriff which instructs her to appear for a disciplinary hearing Monday, Nyce said.
The letter alleges that Porter was involved in a document-shredding incident in November 1991.
"If he knows about that, he needs to charge these people," Nyce said.
It also contains three allegations regarding the way she runs her office, he said.
Neff would not provide a copy of the letter Friday. he said it would be inappropriate for him to release the letter until after the disciplinary hearing.