NORWALK

An arbitrator has upheld the termination of a Huron County Sheriff's deputy who was fired in January after a string of disciplinary problems.

The deputy's most recent problem: He defied orders to shoot an injured deer.

Union representatives for deputy Andrew Montana, 44, contended the Huron County Sheriff's office fired him without just cause and asked that he be reinstated with back pay and benefits.

But Jared D. Simmer, an arbitrator selected by both parties, said the sheriff was justified in terminating Montana because he'd been reprimanded several times in the past year and signed a "last chance" agreement in November.

In the agreement, Montana's supervisors warned he would lose his job if he was disciplined again.

On Wednesday, Montana told the Register he still hopes to have his day in court.

He's awaiting an unfair labor practice hearing and hinted at a possible lawsuit.

In the meantime, he said he's going back to school full-time to study criminal justice while raising six children as a single father.

He said he believes he was fired over a "ridiculous" matter because the administration wanted to oust him when he raised concerns about safety.

The incident in question was on Jan. 14, when Montana struck a deer on Bullhead Road in Willard.

He called his supervisor, Cpl. Jeff Kerber, and told him the deer was injured, but alive in the middle of the road.

Montana told Kerber he didn't like shooting animals and asked if he could call someone to have the deer removed, according to Kerber's statement.

No one was available, so Kerber told Montana to shoot and kill the deer, then drag it off the road.

In his own written statement, however, Montana said Kerber suggesting shooting the deer if he wanted. Montana said he'd rather not, if the deer wasn't badly injured.

Instead, he took some cable from his trunk and looped it around the deer's head.

He then dragged the deer into a ditch.

"I thought that I had inadvertently strangled the deer since it didn't move once I took the cable from its body," Montana wrote in his statement.

Eleven hours later, however, the deer was still alive. Another deputy responded to the scene to shoot the animal.

Huron County Sheriff's Sgt. Chris Stanfield, who conducted Montana's pre-disciplinary conference, said the facts of the case show he violated orders and "willfully neglected his duties by not properly handling the seriously injured deer," allowing it to needlessly suffer.

In a termination letter, Huron County Sheriff Dane Howard said Montana's failure to follow orders created an unsafe situation and a potential liability for the county.

He also said Montana lied about how he handled the situation.

The Ohio Patrolmen's Benevolent Association -- the union representing Montana -- said Montana was not insubordinate, since there's no proof he was ever given a direct order to shoot the deer.

Union reps also pointed out that during Montana's 10 years on the force, he'd never before been accused of disobeying orders.

Prior to the deer debacle, Montana had been disciplined in the past few years for other actions, including:

-- A written reprimand for failing to appear in juvenile court when subpoenaed;

-- A five-day suspension for allowing a driver to leave with a suspended license;

-- A complaint was filed against him for providing bad information to a driver cited for speeding. The 18-year-old Michigan woman complained after a warrant was issued for her arrest; she said Montana told her she didn't have to appear in court or pay a fine.

-- A nine-day suspension and last-chance agreement for using a county computer for personal use such as chatting on Instant Messenger, on which he flirted with women and made derogatory remarks about the sheriff's office.

-- Attempting to take a personal day without prior approval. Montana said he called in because he was stuck in traffic while driving from Chicago, where he was caring for his parents. He was told he could not use a personal day and instead arrived to work late, prompting supervisors to write him up.

Montana had also been verbally warned for failure to follow proper procedures, as well as for horseplay and fighting, according to his personnel file.

He was hired as a road deputy in Huron in 2000, and as of July 2009 his annual salary was about $42,000.

He received positive evaluations until about the past year, according to his file.

His most recent evaluations said his performance was unsatisfactory or needed improvement in many areas, such as communication with supervisors.

One review also said many agencies within Huron County had complained about him.

Montana, however, said his troubles only started after he became a union representative for the sheriff's office in 2008.

When he tried to point out safety concerns -- such as lack of consistency on the use of bulletproof vests -- he was met with resistance.

"It was more, 'Let's replace the squeaky wheel,' instead of dealing with the issues," he said.

His supervisors began disciplining him for behaviors common among his peers, such as using county computers for personal use and taking a personal day without prior approval.

"It's obvious the rules only apply to certain people, and not everybody," he said. "It was only me that was being held accountable."

Sheriff Dane Howard said Montana's firing was unfortunate, but necessary.

"We're in a position where we have to maintain public trust, and we can only do that by holding ourselves to a higher standard," Howard said.

Related File(s): 

Disciplinary letter Page 1

Disciplinary letter Page 2

Pre-disciplinary conference Page 1

Pre-disciplinary conference Page 2