Judge hears arguments against sheriff, employees in trio of lawsuits

A judge is expected to rule soon on a trio of lawsuits filed by former Alachua County Sheriff’s Office employees against Sheriff Clovis Watson Jr. after a hearing on Monday.

Attorney Bobi Frank spoke on behalf of the three employees at the hearing, saying Watson repeatedly violated state law by denying her clients' rights to due process while on the brink of suspension or termination.

A fourth separate case, in federal court, also claims he has discriminated against employees based on their skin color. That lawsuit is still pending.

“I am hoping that justice will prevail,” Frank said. “I have full confidence.”

More: Former sheriffs critical of Sheriff Clovis Watson Jr.'s handling of employee's send-off party

More: 3 ACSO officers file lawsuits against Sheriff Watson. Judge orders answers

Watson was absent from the hearing which lasted less than two hours and drew a crowd of around 30 people. Attorney Wayne Evans represented the sheriff, along with general counsel Jacob Rush.

Overall, Frank argued there was a severe lack of due process in the discipline of these three employees that has caused irreparable harm to their lives. Alleged misconduct varies by case and includes not properly reviewing complaints and not allowing employees to defend themselves during the investigation process.

Much of the discussion centered around the Florida Bill of Rights and the section Frank called the “officers’ bill of rights.” Frank argued that Watson violated the process outlined in the law, including a portion that says law enforcement agencies shall create their own methods for reviewing complaints and then follow that method.

Evans, however, argues that any potential violations during the termination or disciplinary process were internal policy violations rather than statutory ones, and therefore not a violation of the employees’ rights.

“There’s nothing in the bill of rights that says every complaint must be investigated,” he said. “There is in fact a significant distinction between rights and policies.”

The complaints

In one case, Capt. Rebecca Butscher argues that she was recommended for termination following a disagreement with a former deputy who was recently promoted above her to major.

Butscher was reprimanded for being "insubordinate" based on her “body language and tone,” the court filing states. The determination was at the sole discretion of Maj. Lance Yaeger, who had the initial disagreement with her.

The lawsuit states that Yaeger and Watson violated the officers' bill of rights multiple times by continuously not allowing Butscher to defend herself from the accusations. She was ultimately suspended and given a year of probation within the agency.

The second case involves Sgt. William “Frank” Williams, who made a social media post expressing his concern for staffing levels and Watson’s continued reorganization efforts of the department.

Watson, who has about 300 employees, has moved around, changed the title or demoted nearly 200 workers since taking office, records show. Some of those reassignments include longtime decorated officers being placed on night-shift duty, removed from their longtime roles or transferred to other departments where they have no prior experience.

Significant jumps in rank have also become common practice under Watson’s leadership, as lower-ranked officials have seemingly skipped more experienced officers within the agency by bypassing the competitive and testing processes.

Despite the vast changes, data suggests that staffing woes within the agency and crime have only increased.

In February, the sheriff’s office had more than 100 vacant positions, including shortages at the jail and on patrol. Data also shows Alachua County had one of the highest crime rates per capita in the state last year. Crime had also increased from the year prior.

“I’m just exhausted from constantly being disappointed by this administration," Williams wrote on Facebook. "I’m done suppressing my feelings and my own mental health just to avoid retaliation. Quite literally, this is no different than a domestic violence relationship. I’ll probably find myself transferred or disciplined in some fashion because of this, but I don’t give a f---. I’m tired of my friends, nah family, being treated poorly.”

Williams was suspended soon after his post.

An internal investigation report found that the sergeant violated the department's social media policy, was insubordinate and disrespectful to his chain of command. Fellow officers, however, gave Williams glowing reviews and said he was one of the best leaders they had worked with on the force and painted him as a passionate member of the team who cares for the well-being of his fellow officers.The report shows that Williams met with investigators and said he needed a chance to review all the information before moving forward. The administration, however, ordered the investigation to play out without ever interviewing Williams, the report states.

On March 7, Watson wrote that Williams had "outrageous criticism behavior" that warranted termination.

Williams's lawsuit states that he wasn't awarded due process and was not given a chance to defend himself from the allegations.

Third lawsuit and federal case

Sgt. Kevin Davis, who filed suit against Watson on Monday, was also suspended for his social media use and likewise argues his due process was skipped over.

But Davis, a white male with 23 years of experience, has taken his issues further by filing a discrimination lawsuit against Watson where he accuses the county’s first Black sheriff of letting race play a pivotal role in his employment decisions.

He, as well as other ACSO employees who spoke with The Sun, said Watson requires an image of applicants prior to making decisions on hires, promotions and transfers. He argues that more qualified and higher-ranked employees are regularly skipped over for promotions based on the color of their skin.

Davis argues in the federal lawsuit that he was not promoted for being white and that his civil rights were violated.

The growing frustrations among Watson's staff and the lack of answers didn't stockpile overnight.

In November, The Sun reported that Watson suspended another employee who asked county commissioners for clarification after learning the sheriff opted not to give all agency workers raises, despite being given funds to do so. He claimed the employee shared false information about him, though he provided no specifics.

The employee, who was facing termination, also hired Frank as her attorney and ultimately kept her job. The former jail director, who campaigned for Watson in 2020, also left the agency after expressing frustration with constant restructuring and low staffing levels.

Correction: The attorney representing Sheriff Clovis Watson at the hearing was Wayne Evans, though Jacob Rush is also part of the sheriff's legal team.

This article originally appeared on The Gainesville Sun: Sheriff Clovis Watson defends case against employees in court