April 06--WENATCHEE -- Chelan County will pay $204,000 and restore retirement benefits to a Chelan County Sheriff's Office deputy to settle a legal battle that has gone on for four years. The settlement brings resolution to the deputy who was fired over a mis-sent prank phone call.
The agreement last month clears Chelan County Deputy Dale England of all wrongdoing and pays the veteran deputy much more than it would have cost the county to settle with him in 2009, said James M. Cline, England's attorney.
"This litigation should have never gone this far. Unfortunately, this cost the county a lot more than it should have," Cline said by phone Friday. He said the new agreement completely exonerates his client of wrongdoing.
County Commissioner Ron Walter said the settlement is similar to what the commission had agreed to verbally in 2009.
"We're very happy to have this over with, absolutely," he said.
England was fired in November 2008 after he left what he said was a prank phone call -- involving hand guns he owned and shooting people -- to his helicopter flight instructor on the wrong phone machine. The Montana resident who received the call by mistake reported it to local police agencies, who tracked the call to England.
After an investigation, England was fired by then Sheriff Mike Harum. The message, Harum said, showed lack of judgment. The investigation also found England may have committed other agency violations.
England protested the firing through the Chelan County Deputy Sheriff's Association, alleging the firing was politically motivated. England, of Manson, is a 25-year sheriff's office veteran and was newly elected president of the deputies union at the time. Chelan County commissioners upheld the firing later that year. Commissioner Doug England, Dale England's older brother, recused himself from the matter.
Through mediation, commissioners and the association verbally agreed to an out of court settlement in 2009 that would have waived all charges against England and offered a statement that the reason for his discharge was not sustained, according to court records. In return, England would have waived all rights to file civil claims against the county and the deputies association would have dropped its grievance process. The agreement would have paid England about a year's worth of back pay and reinstated him with the department, but kept him off duty with pay until his scheduled retirement in 2010, said Cline.
The deputies association later declined to sign the settlement, however, after Harum made comments on a Chelan radio station that indicated he still thought England guilty of various department infractions. The comments violated terms of the agreement, said Cline.
Chelan County then sued the association to force it to sign the agreement. Chelan County Superior Court Judge Jack Burchard threw out the case in 2010, ruling that the verbal agreement was nonbinding. The state Court of Appeals overturned Burchard's ruling last year, throwing the case back to Chelan County courts for further hearing.
Cline said the deputies association insisted on stronger language clearing England and more money in the final agreement than in the 2009 agreement.
Rick Steigmeyer: 664-7151
Copyright 2012 - The Wenatchee World, Wash.
