Deschutes County commissioners send William Bailey’s firing appeal to advisory arbitrator, will decide his fate later

(Update: Adding statement from Bailey's attorney)

BEND, Ore. (KTVZ) -- Deschutes County commissioners voted 3-0 Wednesday to send a grievance filed by former Sheriff's Captain William Bailey over his firing to an arbitrator, who will be chosen by mutual agreement, take testimony on the issues and make a recommendation to the board in coming months.

Bailey's grievance concerns his 2025 termination from the sheriff's department. He was fired after appearing on a radio show while running for sheriff in 2024 and making critical comments about then-Sheriff Kent van der Kamp and the internal atmosphere and morale of the department.

Among other claims, Bailey objects to the commissioners making a decision on his termination, because two commissioners endorsed his political opponent in a race won by van der Kamp. Bailey's grievance also details at least 18 other complaints.

The move to administrative arbitration under county personnel rules means a neutral third party, selected by the county and Bailey, will hear the facts of the case. County legal staff recommended the arbitration process, to ensure fair representation for all parties involved.

County Legal Counsel David Doyle offered the commission advice on the decision.

"As I told you folks for as long as you can remember, you generally don't get in trouble for giving too much due process - but you might get in trouble for not giving enough," Doyle said He added that he was comfortable with these additional steps to "provide Mr. Bailey with the fullest and fairest opportunity to have his grievance heard."

A large crowd attended the meeting, most expecting a grievance hearing, so some members expressed frustration after the shift in plans and delay in a final decision after an arbitration process that Doyle said could take 3-6 months - then return a recommendation to the commission for a final decision.

Even though there was no planned public comment for the meeting, several in attendance voiced concerns centered on the timing and lack of public information surrounding Bailey's firing and subsequent appeal.

Following the commission's vote, Bailey's attorney, Erik Gunderson, met with reporters outside the council chambers. Gunderson said wished the commissioners had allowed him to speak during the meeting.  He was also upset that the very people who fired his client still will rule over his grievance.

Despite those concerns, Bailey's attorney stated he would abide by the decision to use an arbitrator.

County commissioners, however, are not legally bound to accept any decision or recommendation made during the administrative arbitration process.

The selection of a neutral arbitrator may take some time. Bailey and the county will be presented with a list of experienced arbitrators, well-versed in Oregon employment law. After they agree on one, the arbitrator will set a schedule to meet with the parties, hear testimony from potential witnesses and make a recommendation.

Doyle also said it would be up to the arbitrator and Bailey on how much of those proceedings are made public.

"We will look forward to this process moving forward," said Commissioner Phil Chang.

Here is a news release issued after Wednesday's meeting by Bailey's attorney: