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Former deputy files complaint against county officials

A former Ward County sheriff’s deputy who has been at odds with the county has filed a criminal complaint against the county commission chairman and sheriff.

Tim Poston, who was fired from the sheriff’s department in December, said he filed a complaint this week with the Minot Police Department, alleging Commission Chairman Alan Walter violated state law in reading from his confidential medical report during a county personnel committee Dec. 22. Walter is one of two commissioners who serves on the committee. The state makes it a Class C felony for a public official to disclose confidential information. An offense is punishable with a maximum five years in prison and/or $10,000 fine.

“I was not given the chance to close the meeting,” Poston said, indicating that is an option he should have been offered before medical information was discussed.

Walter denied the allegation Thursday.

“I did not read from the report. I had seen the report and was just reminding him of what the sheriff asked him for,” Walter said.

Poston had filed a grievance, protesting being placed on leave rather than given light duty after the sheriff determined medicine he was taking rendered him unable to perform regular duties. The sheriff had asked Poston for a medical statement from his Canadian physician regarding his clearance to work.

The personnel committee had scheduled a medical appointment for Poston with a Minot physician, at the county’s expense, to determine whether he could work while taking the medicine. Poston saw the physician, who returned his report to the sheriff.

At the Dec. 22 meeting, Walter had quoted the Minot doctor’s report as saying he needs information from Poston’s Canadian physician before he can make a recommendation.

Poston said he has been working with his attorney on collecting additional information regarding the incident, which has led to the delay in filing the complaint.

Poston also states Sheriff Robert Barnard failed to perform his public duty in arresting Walter. Failing to perform a duty is a Class A misdemeanor, punishable with a maximum penalty of one year and/or a fine of $3,000. Barnard had no comment on the situation. Barnard was not at the meeting but the office was represented by an officer.

The Minot Police Department provided a statement that it will not issue any comment at this time or confirm a complaint was filed. Information reported to police does not automatically generate a criminal complaint. Information is often evaluated to determine the possibility of a criminal violation prior to initiating an investigation, the department stated.

Poston said he is seeking to have the North Dakota Bureau of Criminal Investigations get involved due to the relationship between the sheriff’s office and police department creating a conflict. He said he went to the police at the direction of the sheriff’s office after attempting to present his complaint there.

Poston was placed on unpaid leave last summer over work performance issues, which led to him filing a grievance. The personnel committee upheld one suspension but voided a second. Poston also was on unpaid leave after he began taking medicine deemed by the sheriff to render him unable to perform duties such as driving a vehicle and handling a weapon.

Poston said Walter and Barnard should be treated in a fashion similar to the way he was treated.

“They should immediately be put on unpaid leave,” he said.

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