Former Portales jail boss files tort claim

Former jail administrator David Casanova is threatening to sue his ex-employer, alleging he was forced off the job as retaliation over his request for a mold inspection at the Roosevelt County Detention Center.

Portales Attorney Eric Dixon presented Roosevelt County with a tort claim Tuesday afternoon on behalf of Casanova.

Casanova resigned from the position in mid-June, and the county is in the process of interviewing for a replacement.

County Manager Amber Hamilton declined comment on the allegations citing it as a personnel issue.

The tort claim alleges when Casanova requested a mold inspector be hired for the jail, he was told no because it was too expensive. The claim further alleges Casanova was then retaliated against for the request by “being locked out of his work computer, denied the right to attend a legislative conference, deactivation of his purchase card, being accused of mishandling commissary funds without good cause, denying FMLA (Family and Medical Leave Act) requests, hiring ‘consultants’ from outside and otherwise making his working conditions intolerable to such an extent that he felt no other option but to look for other employment.”

Sandra Stewart, a contractor with 20 years experience in the criminal justice system and 10 years in corrections, was hired in February to make an assessment of where the detention was with the state accreditation process.

The process includes living up to 37 standards regarding administration, nine standards regarding the physical plant or facility, 15 standards regarding safety and sanitation, 84 standards regarding security and control, 47 standards regarding medical and mental health and 16 standards regarding Inmate Program.

When Stewart presented her assessment results to county commissioners in June, she and Hamilton highlighted several issues with detention center policies and procedures. Stewart’s assessment said the facility’s procedure manual had not been updated since 2007 and “there is no indication any attempts have been made to update or revise the center’s policies and procedures.”

The claim also accused the county of deducting retirement funds from Casanova and other jail employees’ paychecks though the county has not made a payment to PERA — the state retirement program — since January.

The claim also highlighted several thousand dollars worth of new radio equipment being purchased despite the old equipment being in working order and a popcorn maker, which has never been opened “while Casanova was told not to purchase anything new, such as new door locks.”

The tort claim demanded the following from the county:

• Removal of the June 12 evaluation from Casanova’s employee file, which Hamilton said is the assessment of RCDC presented in June

• Any memorandums posted in RCDC directing employees to have no further contact with Casanova

• Any transmittals in 2014 and 2015 to the PERA in a format designated by PERA, which sets forth the amount of employer and member contributions and adjustments for prior pay periods, if applicable

• Any communications with PERA in 2015 regarding non-payment or late payment of PERA contributions

Hamilton confirmed Wednesday the county has received the tort claim.

“The New Mexico Tort Claims Act allows for these notices to be filed without necessarily yielding a suit, so we never know what a notice of tort claim will produce,” Hamilton said. “In our great state, anyone is able to make any type of allegation and file notice for suit.”

As for hiring Stewart, Hamilton says she has no regrets.

“We had a wonderful experience in hiring a third party consultant to conduct the assessment for the detention center,” she said. “The detention center is now well on its way to becoming accredited through the New Mexico Association of Counties.”

Hamilton confirmed that Casanova is not eligible for re-hire, as alleged in the tort claim, but declined to elaborate. She said the county received notice Casanova had accepted a position out of state prior to receiving his email notification of resignation.

Dixon said he also sent the tort claim to the attorney general and PERA board.