Ex-candidate for sheriff files complaint
August 10, 2009 - 9:00 pm
Las Vegas police officer Laurie Bisch, who ran for Clark County sheriff in 2006 and plans to run again next year, suspects Sheriff Doug Gillespie and the police officers' union that backs him are trying to torpedo her campaign before the race starts.
Bisch is awaiting a hearing into a complaint she filed against the department. The complaint alleges it violated a state law that forbids a public agency from discriminating against an employee based on race, religion, age, handicap or "political or personal reasons or affiliations."
The complaint, filed with the state's Local Government Employee-Management Relations Board, also accuses the Las Vegas Police Protective Association of failing to represent a dues-paying officer at a closed-door interrogation by the department's Internal Affairs Bureau as the complaint contends is required by union rules.
Police Department administrators declined to comment on the complaint on advice from their lawyers, and an attorney for the Police Protective Association could not be reached for comment.
Bisch also declined to be interviewed on advice from her attorney. Her attorney, Adam Levine, said an internal affairs investigation into Bisch's payment of a medical bill for a family friend and the police union's failure to represent her during the probe were political payback for her challenging Gillespie in the 2006 sheriff's race. She finished third in the election.
"It (the medical treatment) wasn't done in her official capacity, and she did not identify herself as a police officer. This has nothing to do with Metro at all, and that is why we think the motivation is political," Levine said. "Why anybody would give her a written reprimand for attempting to help a girl in her private capacity is beyond me."
Both the department and union have filed motions to dismiss Bisch's complaint. The three-member Employee-Management Relations Board is scheduled to consider the motions at its regular meeting later this month. If the case moves forward, both sides will be expected to submit final statements before the board considers scheduling a hearing on Bisch's complaint, board staff said.
The department's motion said the complaint should be dismissed on procedural grounds because Bisch did not notify the department and union of her complaint within five days after it was filed as required. Also, the motion said that her complaint fails to state a claim for relief and fails to name a particular violation or identify a particular employee responsible for a violation.
The motion said:"The Complaint does not even identify the prohibited practice or state whether the prohibited practice was discrimination for (1) race; (2) color; (3) religion; (4) age; (5) physical or visual handicap; (6) national origin; or (7) political or personal reasons or affiliations."
According to the complaint, Bisch in June 2008 used a personal credit card to pay a medical bill for her teenage daughter's friend, who was staying with the Bisch family after her own mother "had thrown her out of her home." The friend was bitten by Bisch's dog, the complaint said.
Medical treatment was given after the underage friend identified herself to clinic personnel as Bisch's 18-year-old daughter. Bisch's daughter and the friend falsely identified the friend because they were afraid the clinic might deny or delay care until the underage girl's mother could be contacted and consent to the treatment, Levine said.
"Laurie found out about (the false identification) and didn't do anything about it. Her only concern was getting this girl treated. Like any mother, she wanted to get the girl treatment," Levine said.
Six months later, the department notified Bisch that she was the subject of an internal affairs investigation based on a complaint filed by Jacqueline Insana, the mother of the injured girl. Bisch was summoned for questioning and requested that a Police Protective Association representative accompany her, according to the complaint.
Chris Collins, executive director of the union, told Bisch he would not represent her if she brought her own attorney though union rules allow an officer to bring two people to such a hearing, according to the complaint. Bisch arrived at the interrogation in January accompanied by attorney John Moran Jr. , son of former Clark County Sheriff John Moran and a member of the state Gaming Control Commission. Collins departed without attending the interrogation, according to the complaint.
Insana said this past week that she filed the internal affairs complaint because Bisch did not contact her before or after Insana's daughter received care. Insana said that her daughter had run away from home previously, that her relationship with her daughter had soured to the point that the girl vowed to disown her and that she partially blamed Bisch for turning her daughter against her.
"I talked to internal affairs for two hours, and, as far as I know, it was about insurance fraud," Insana said. "I am not concerned about the dog bite because it didn't turn out to be a big deal, but I fault her for not contacting me and for what the police said was insurance fraud."
Four months later, Bisch's department supervisor was notified that internal affairs had found that Bisch engaged in identity theft, and Bisch received notice that she had engaged in conduct unbecoming an officer under Civil Service rules, according to the complaint.
Assistant Sheriff Ray Flynn, who oversees internal affairs, declined to answer questions about the investigation but confirmed that the complaint was sustained against Bisch and that she received a letter of reprimand.
According to the state Relations Board complaint, officer misconduct is defined by "improper action by an employee in his official capacity" or "conduct by an employee unconnected with his official duties, tending to bring the Department into public discredit, which tends to affect the employee's ability to perform his duties efficiently, or any improper use or attempt to make use of his official position as an official for his personal advantage."
Levine said that Bisch used her personal credit card to pay the medical bill, that she never sought reimbursement from either the department's health insurance or from her husband's health insurance and that she did not identify herself as an officer while seeking treatment.
In addition, there is no evidence to support the allegation of identity theft, Levine said.
"Why is internal affairs conducting an investigation of Laurie Bisch for off-duty conduct because of a medical expense that she put on her personal credit card?" Levine said. "We think it is flat-out retaliation because she ran against the sheriff."
Contact reporter Frank Geary at fgeary @reviewjournal.com or 702-383-0277.