Jeff Proctor
Albuquerque Journal
ALBUQUERQUE, NM — Keeping track of former Metropolitan Detention Center Lt. Jason Ellis’ employment status during the past few months has been like watching a yo-yo.
First, Ellis was fired in late November after investigators determined that he: falsified reports that his car windows had been smashed out in the jail parking lot; used pepper spray on a female inmate against MDC policy; and doctored subordinates’ time sheets after being accused of retaliating against them through undesirable overtime assignments.
Ellis appealed the firing, which began a back-and-forth exchange between himself, the union that represents jail guards and county officials that included, in the early stages, an offer from the county for Ellis to come back to work if he dropped several employment complaints he had filed.
The negotiations seemed to finally reach a resolution on Tuesday.
That’s when Ellis signed a deal saying he could come back to work provided he accept a demotion to sergeant and what amounts to a 30-day suspension, according to county public safety boss Tom Swisstack.
Ellis had 24 hours to back out of the deal, Swisstack said.
And that’s exactly what he did on Wednesday.
“I think it’s safe to say now that this case is headed to arbitration,” Swisstack said Wednesday. “And that’s fine with me. We’ll let a neutral party decide. ...
“I’d say the odds are 50-50 (that the termination will stand) and I’ll take those right now.”
Ellis did not return a telephone call seeking comment.
After Ellis’ termination in November, he sought the help of the jail guards’ union in getting his job back, union President Stephen Perkins said.
The union agreed to sit down with county officials on Ellis’ behalf, Perkins said, and Swisstack and County Attorney Jeff Landers offered the first deal.
“Jason had f iled some (federal Equal Employment Opportunity Commission) complaints against the county,” Perkins said. “There was some talk from (the county’s) side about his withdrawing those complaints in exchange for coming back to work. I told them he wasn’t fired over EEOC complaints, so that shouldn’t be part of any settlement. I told them to remove those complaints from the deal, and they did.”
Swisstack confirmed Perkins’ account, but neither of them would elaborate on the nature of the complaints.
The EEOC case is still pending, according to a county spokeswoman.
Copyright 2011 Albuquerque Journal