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Ex-Draper police chief sues, saying officers were spreading ‘false information’ that hurt his chances of getting another chief job

(Leah Hogsten | The Salt Lake Tribune) West Valley City Police Chief Lee Russo and Draper Police Chief Bryan Roberts discuss details about footage from Sgt. Davis Harris' body camera of the officer involved shooting January 14, 2015 during a press conference Friday, January 16, 2015. Jeffrey R. Nielson, 34, was shot and killed by West Valley City officer Jason Vincent in a Draper neighborhood Wednesday morning. In the video, Nielson broke free of the officers while they were changing handcuffs on Nielson, ran to the truck and pulled the butcher knife from the glovebox while trying to escape arrest.

Draper’s former police chief is suing the city he once worked for, saying he was fired after complaining to city managers about officers spreading false information about him as he sought a job leading another police department.

The City Council voted to terminate Bryan Roberts without cause in November. At that time, city officials did not cite any specific reason for Roberts’ firing, simply saying it was “time for a change.” Roberts had been the police chief for five years.

In the lawsuit filed Tuesday in 3rd District Court, Roberts alleges that a handful of former and current police officers spread “false and defamatory information” about him as he was in the running for Provo City’s police chief position.

Provo was searching for a new police chief after their previous leader, John King, resigned abruptly amid sexual-assault allegations and family health issues.

The lawsuit alleges that Roberts notified Draper around June 2017 that he was a candidate for the job in Provo. But as the city conducted its background check into Roberts, two police officers gave a Utah Department of Public Safety investigator and Provo officials inaccurate information, it claims.

“Because of the false and defamatory information, Mr. Roberts was forced to withdraw from consideration for the position of police chief with Provo City on or about August 9, 2017,” the lawsuit reads.

The lawsuit does not detail any further what the information was that the officers shared.

Roberts further alleges that the police officers leaked confidential information to the media, noting a public records request submitted by The Salt Lake Tribune seeking emails he sent to staff members alerting them to his withdrawal as a candidate in Provo.

In the emails, Roberts wrote that he had been in recruitment for the Provo job for about four months, but decided to withdraw his name.

“I have come to the conclusion that it is not the right fit for me both personally and professionally,” Roberts wrote. “I’m happy to continue to lead Draper PD as your chief. We have accomplished a lot together and we will continue to be a leader in Utah law enforcement.”

A few months prior, Provo officials told The Tribune that they had narrowed their search for a chief to a single candidate, someone from outside the department who was undergoing a second, deeper round of background checks at that time.

But by September, officials instead hired interim chief Rich Ferguson to lead the Provo police force. When asked about the other candidate, then-Deputy Mayor Corey Norman said they “mutually parted ways.”

“There was some issues and stuff we were trying to work on,” Norman said. “It just wasn’t gelling.”

The lawsuit alleges that when Roberts complained to Draper’s mayor and city manager about the officers spreading misinformation, the city officials did nothing. Instead, the lawsuit says, Roberts was fired.

Draper officials declined to comment Wednesday, saying the city could not comment on pending litigation.

Roberts seeks an unspecified amount in damages, saying the city violated the Utah Protection of Public Employees Act by taking “adverse action” against an employee who communicated unethical conduct.

After Roberts’ November firing, Draper officials, including Councilman Jeff Stenquist, said the chief’s decision to seek the job in Provo had little to do with the decision to fire him. Stenquist said the situation did lead to some awkwardness. He added that Roberts did not do anything illegal and there was no accusation of misconduct or sexual harassment.

“You know, I really don’t want to go into details,” Stenquist said in November. “We just felt like we needed to have a change in leadership.”

Two weeks after Roberts was fired in Draper, city officials there announced that deputy chief John Eining would take over as the city’s top cop.