Nelson fires ex-challenger Kozowski – who plans to sue

(Update: Ninth DCSO termination in two years)

Deschutes County Sheriff Shane Nelson announced Wednesday he’s fired Deputy Eric Kozowski, who sought to unseat him two years ago, due to conduct that violated sheriff’s office policies. Kozowski quickly announced he will be suing the department in federal court.

Nelson also has taken “personnel action” involving corrections Sergeant Mike Molan after another internal investigation of alleged policy violations.

Nelson said he terminated Kozowski’s employment with the sheriff’s office “based on internal investigations which concluded that conduct by Mr. Kozowski violated Sheriff’s Office policies.”

Kozowski, who ran against Nelson, the appointed incumbent, but was defeated in 2016, was placed on paid administrative leave Sept. 24.

Kozowski made $34,849.32, while on paid administrative leave during the four-month investigation. His termination is the ninth firing in the sheriff’s office in the past two years, the agency says.

The sheriff noted that “Kozowski has a right to due process,” adding that he “will release additional information from the investigations after the separation process is complete.”

An outside agency conducted the investigation, which listed several allegations, according to a notice of claims sent to the sheriff’s office by Kozowski’s attorney in October 2016. They included not arresting a wanted suspect, failing to take a report and making statements to NewsChannel 21 about an investigation involving Lt. Tim Leak during the campaign for sheriff.

However, Kozowski’s lawyer, Michael McGean, told NewsChannel 21 those investigations were abandoned by the sheriff’s office “without any finding of fault or wrongdoing in 2017. The sole reason that Deputy Kozowski was fired was due to the investigation over (his) use of uniforms during the campaign.”

Advised of the claim, Nelson said, “I want to respect the remaining step in the due process for the former employee. Once completed in two weeks, I will be able to speak more in detail about the investigation.”

McGean said Kozowski was an outspoken critic of the policies and management practices of Nelson and the sheriff’s office.

He also said Kozowski came under fire after wearing his uniform while campaigning, which is a violation of the agency’s policy, even though the sheriff wore his uniform.

McGean also highlighted that his client had never been subjected to any discipline during his 15-year career as a law enforcement officer.

Nelson said Wednesday he “has also come to a determination based on the outcome of the internal affairs investigation into Corrections Sergeant Mike Molan,” concluding that “personnel action will be taken” against him.

“Personnel action includes time off from work, additional training and increased supervision, all with the goal of his future success,” he announced.

“It is Sheriff Nelson’s hope this action is sufficient enough to ensure this supervisor will be in compliance with the high expectations of this office,” the sheriff’s announcement said.

Last fall, Nelson placed Molan on paid administrative leave at the same time he fired another jail sergeant, Paul Navarro, for conduct that the sheriff said violated agency policy.

Kozowski joined the sheriff’s office in April 2010, while Molan has been with the agency since February 2002. Molan received $43,843.38 during his time on paid leave.

“I expect members of the Deschutes County Sheriff’s Office to adhere to the mission and values of this office,” Nelson said Wednesday. “I will continue to enforce the highest standards of professionalism and conduct at the Deschutes County Sheriff’s Office.”

The termination prompted this news release from Kozowski’s lawyer:

Sheriff Nelson’s decision to terminate Deputy Kozowski is the culmination of a series of investigations that were opened by Sheriff Nelson after Deputy Kozowski announced his candidacy to run for Deschutes County Sheriff in March of 2016.

Prior to announcing his candidacy, Deputy Kozowski had never been subjected to any discipline in his 15 year career as a law enforcement officer.

During the campaign, Deputy Kozowski was an outspoken critic of the policies and management practices of Sheriff Nelson and the Sheriff’s Office, which had been the subject of a number of scandals.

After Sheriff Nelson was reelected, the Sheriff’s Office targeted Deputy Kozowski because of alleged non-compliance with Sheriff’s Office policy relating to the wearing of uniforms for campaign related activity. The uniform policy had applied equally to all members of the Sheriff’s Office, including Sheriff Nelson. Although the Sheriff’s Office changed that policy in 2017 to specifically exempt the sheriff, state regulations require that a governing body must allow equal access to the use of logos, emblems or uniforms for political purposes, meaning that if any candidate is allowed to use them, all candidates shall be allowed. State law does not allow a sitting Sheriff to create a double standard regarding use of uniforms while campaigning. Deputy Kozowski was ultimately terminated for his alleged violation of this illegal policy.

Deputy Kozowski’s termination is clearly retaliation for exercising his constitutional rights of free speech and political participation in running against Sheriff Nelson. That retaliation and the Sheriff’s violations of State and Federal law will be the subject of a lawsuit that will be filed shortly in the federal court of Oregon.