Ex-deputy cites sheriff in whistleblower lawsuit
Homer O. Wallace Jr. is citing the state’s Whistleblower Act in his Nov. 12 lawsuit, claiming Sheriff Joe Pollock and SOU Capt. Dwight Hardin forced him to leave the department after he uncovered evidence that another SOU operative reportedly sold illegal narcotics out of the department’s evidence room.
Burnet County Attorney Eddie Arredondo Monday said the lawsuit’s claims are baseless, adding Wallace was fired for violating the department’s chain-of-command policy after first making reports to the Texas Rangers instead of Hardin, his direct supervisor.
“The county feels quite comfortable that we have a solid case,” Arredondo told The Daily Tribune. “Homer got in trouble for going outside his chain of command in terms of reporting any negative situations.”
According to the suit, another former deputy told Wallace about the SOU officer’s conduct in August. The suit also claims Wallace heard from two confidential informants claiming an SOU officer was selling the drugs.
In the suit, Wallace says he and the other deputy decided to ask the Texas Rangers to investigate the matter, instead of confronting Hardin.
Ranger investigators turned down the case, instead directing Wallace to the Texas Attorney General’s Public Integrity Unit, which also declined to launch an investigation.
Wallace then approached the Department of Public Safety’s Intelligence Division and Burnet County Sheriff-elect W.T. Smith with his complaint, the suit said.
While the DPS informed Wallace “someone higher than him at Burnet County would have to request assistance for an investigation to begin,” Smith urged the deputy to tell Hardin about the allegations.
The suit said Smith notified Marble Falls Police Chief Mark Whitacre of the allegations before telling Wallace to speak with Hardin.
Wallace finally spoke with Hardin on Aug. 21, which Arredondo said led to two separate investigations of his claims.
“The allegations were always viewed to be serious,” Arredondo said. “We always thought they had to be checked out, and that’s what they did. The investigation ended up exonerating the (SOU) officer.”
Wallace’s lawsuit said he was informed about the investigation’s results Aug. 28, the same day Hardin told him that he should resign or he would be fired.
Arredondo said county policy requires law officers to go to their superiors when reporting illicit activity, adding that all officers sign documents explaining the chain of command when they’re first hired.
“If the officer can’t go to his or her direct supervisor when reporting the behavior, they’re supposed to go to the next person higher up on the chain,” Arredondo said. “Not only did (Homer) not do that, he went to at least one civilian to talk about the allegations. It wasn’t until the future sheriff notified us that we knew of the allegations.”
Wallace’s suit seeks reinstatement to his former job, back pay and damages from both Hardin and Pollock.
Arredondo said the other deputy also was disciplined for going outside the chain of command, adding he was reassigned from patrol duties to a position at the Burnet County Jail.
Wallace was hired by the county April 16, 2007, according to the lawsuit.
chris@thepicayune.com