Former Sleepy Eye, Minn., police chief sues city over firing, alleges discrimination under disabilities act: Claims chemical-dependency disability
PrintOct. 16--Co-workers said David Seivert often failed to show up for work on Mondays and when he was working, he sometimes gulped so many energy drinks that he shook. Then there was the claim that he liked to sniff paint fumes at a local auto-body shop.
City council members in Sleepy Eye, Minn., decided that wasn't the type of behavior they wanted from their police chief, so in October 2007, they fired Seivert, who had held the post for three years.
Seivert, who hasn't been able to find a police job since, has sued the city, claiming that Sleepy Eye's city council failed to follow state law in the firing and that the council violated the Americans With Disabilities Act.
His disability: chemical dependency.
"Mr. Seivert is chemically dependent, and our position is they knew that and discriminated against him based on his disability of chemical dependency. The law requires accommodation," said Philip Villaume, one of the attorneys representing Seivert.
"They could have allowed him to go to treatment and continue with his AA program, that kind of thing," said Villaume, referring to Alcoholics Anonymous.
Sleepy Eye City Attorney Errol "Nip" Hauser said that even though the city has turned the legal work over to the League of Minnesota Cities (whose attorney did not immediately return a call), the issue has seemed to be one that won't go away.
"It's kind of dragged on," he said. "We thought it was probably done, then we hear something else."
The suit originally
was filed in state court, but the city asked that it be moved to U.S. District Court because it involved the Americans With Disabilities Act, a federal law. The suit is the latest in a string of legal and administrative actions, hearings and filings spawned by the firing.
In July, the Minnesota Court of Appeals upheld the city council's action. Last month, though, the U.S. Department of Justice's Civil Rights Division said Seivert had a right to sue the city under the Americans With Disabilities Act of 1990, although the division said it wasn't saying the former chief's claim had merit.
Sniffed Paint Fumes On Duty / Sleepy Eye is a town of about 3,500 people in Brown County, about 90 miles southwest of St. Paul. In February 2000, Seivert, then 30, was hired by the city as a patrol officer. He was promoted to chief in October 2004.
According to court documents, the events that led to his firing got their start at 6:40 p.m. Sept. 3, 2007, when Seivert's wife called police to report a medical emergency. An officer arrived at the couple's home and found Seivert in a chair, unresponsive.
Seivert's wife told the officer he had been drinking "a good part of the day," according to the appeals court's digest of the case, and she also said Seivert had taken several of her prescription muscle relaxants.
"She estimated that (Seivert) had drunk six to eight beers and three or four beverages similar to a wine cooler," the appeals court wrote. "She did not know how many pills (he) had taken but stated that there had been about 30 left in the bottle. The bottle was missing, and police were unable to locate it."
An ambulance took Seivert to a hospital.
A week later, the city placed Seivert on a leave of absence. The city council took up the matter of his continued employment at its Oct. 17, 2007, meeting.
During a closed portion of the meeting, four officers expressed concerns about Seivert, the appeals court said.
"One officer stated that officers did not feel safe when (Seivert) was the backup officer," the court noted. "Officers reported specific incidents that raised concerns, including (his) often failing to report for work on Mondays, sniffing paint fumes at a local auto-body shop while on duty and in uniform, and shaking during work after drinking too many energy drinks."
The appeals court said Seivert was given a chance to respond to the statements, "and he admitted to having an alcohol problem."
Council members voted unanimously to fire Seivert. He appealed the action and demanded an evidentiary hearing, which was held Sept. 16, 2008. Even more damning evidence was brought up, the appeals court said.
Fired For 'Unreliability' / The council decided Seivert "displayed poor judgment in his position as police chief by sniffing paint in public in uniform; engaging in inappropriate off-duty behavior, which required the assistance of law-enforcement officers; failing to communicate with law-enforcement personnel regarding scheduling; and general unreliability," the appeals court summed.
Council members voted unanimously to affirm his earlier firing. Seivert appealed to the Minnesota Court of Appeals, which upheld the city's action, but ruled that some exhibits allowed at the meetings should not have been used.
Seivert's first claim of wrongdoing in the federal lawsuit is that the city violated the state's Peace Officer Discipline Procedures Act. He also claims the city violated his rights under the Americans With Disabilities Act.
Seivert "sustained an injury arising out of and in the course of his employment" with the city, the suit alleges, referring to the September 2007 incident when Seivert's wife called police.
"Plaintiff requested that accommodations be made to allow him to continue in his previous position and/or that a position be found within the organization which would allow continued employment," the suit says. "Defendant could have made reasonable accommodations that would allow the plaintiff to return to work in his original capacity."
The suit claims damages in excess of $50,000. Seivert is reserving his right to ask for punitive damages later.
David Hanners can be reached at 612-338-6516.
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