Judge sends Stant firing back to Merit Board

A Pinal County Superior Court judge ruled earlier this week the city may have violated former Maricopa Police Sgt. Aki Stant’s constitutional right to have representation during interviews with Internal Affairs Investigator Mike Burns and Stant’s termination should be remanded to the Merit Board to resolve that and other issues before the court can proceed with his $1.5 million lawsuit against the city.

Stant was fired by the police department in June 2010 for failing to answer questions during an internal investigation. His termination was upheld by the Merit Board and then-City Manager Kevin Evans.

In his lawsuit, Stant and his attorney, James Cool, claim the former police sergeant’s due process rights were violated when he failed to comply with an investigation into the actions of one of his subordinates, Officer Elliot Sneezy, who was being investigated for sending an email while off duty to members of the city council questioning the police department’s lack of an investigation into another officer.

Then-Police Chief Kirk Fitch said at Stant’s Merit Board hearing that Stant’s failure to comply was grounds for termination, even without any previous disciplinary action.

Cool asserts during Stant’s second interview with Burns, the investigation had turned into one against his client for failure to answer questions, but Stant was not made aware his job was in jeopardy or permitted to have a representative. Further, Stant’s lawyer claims his client was never provided with a written notice of investigation, facts alleged, nature of the investigation nor nature of alleged misconduct.

Cool said these omissions by the city in Stant’s termination violated Arizona law safeguarding the rights of a public safety employee who could be disciplined.