Marshall County Sheriff Phil Sims has been cleared of accusations he retaliated against an employee over political differences.
On Monday, the Marshall County Personnel Board released its decision in a grievance hearing brought against the sheriff by Major Jason Windsor. Windsor claimed Sims stripped him of his primary job duties and assigned him to a less desirable role as retaliation for Windsor’s wife, Penni, disagreeing with the sheriff in her official capacity as vice chair of the personnel board during a February meeting.
Sims admitted to changing Windsor’s job duties in July but not out of retaliation. He said other employees had complained about Windsor and that the sheriff had the authority to alter employees’ duties when the job description includes “other duties as assigned.”
The Board ruled 3-0 in the sheriff’s favor, finding insufficient evidence to support Windsor’s complaint.
“Under the circumstances of this case, the Sheriff has the sole authority to assign the overlapping duties of positions within his department to the most suitable person to fulfill and perform those duties,” the Board’s ruling stated.
“While the Board finds that Major Windsor's assigned job duties have changed, from the evidence presented and the timing of the change in duties, such change does not support a claim of retaliation and occurred within a reasonable timeframe for business-related reasons," the ruling added. "No evidence was presented that Major Windsor was subjected to any adverse actions which were overly negative or punitive in nature. Major Windsor has received no disciplinary action, demotion, change in pay, or change in benefits.”
The Board did state that Sims “failed to communicate his expectations to Major Windsor adequately” and instructed him to “better communicate task assignments with employees and to properly document such assignments to avoid potential misunderstandings in the future.”
“The Sheriff must deliver constructive, respectful, and clear feedback to all employees,” the Board continued. “As a leader, it is essential to maintain fairness and transparency in how decisions are made, which sometimes necessitates increased communication around how tasks and duties are assigned. Further, all employees should feel that they are treated equitably in terms of task assignments, opportunities, and feedback, regardless of personal differences. This requires that the Appointing Authority consistently apply the Marshall County Personnel Board policies and interdepartmental policies and expectations equitably among all employees to prevent resentment and favoritism.”
Windsor may appeal the Board's decision. 1819 News attempted to contact his attorney, Gina Coggin, for further comment but did not receive a response.
To connect with the story's author or comment, email daniel.taylor@1819news.com or find him on X and Facebook.
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