Davis V. the Board of County Commissioners of Dona Ana County

Davis v. The Board of County Commissioners of Dona Ana County

Patricia Royal

Dr. Craig Cleveland

HRM 510

01/20/2012

“What was the legal issue in this case?”

The legal issue in the case of Davis v. The Board of County Commissioners of Dona Ana County involves whether a person making a recommendation to a prospective employer of another is bound by the actions of the said employee. The case involves a positive, yet misleading, testimonial of Joseph “Tinie” Herrera as an employee of high character and standards. Herrera had previously been employed at the Dona Ana County Detention Center where his behavior had been under question. He had been under investigation for using his authority as detention sergeant and classification officer to sexually harass female inmates at the detention center. Herrera was accused, in a report authored by Steele, of using his authority over females to obtain sex in exchange for personal favors.

As Herrera’s immediate supervisor, part of Steele’s job included enforcing discipline. His decision would include suspension without pay, demotion in rank, and the possibility of being reassigned to another facility. Herrera was informed by Steele on April 5, 1994 that the recommendation of these disciplinary actions will be enforced on April 12, 1994.

Herrera resigned from his position prior to the recommended punishment could take place. However, six days after the resignation, Steele wrote a very impressive, but fallacious, recommendation to a perspective employer of Herrea. In the letter, he stated how Herrera administered social programs for the inmates with “imagination and imagination.” (Walsh, 2010) He went on to state that “the Department would suffer” because of his departure and that Herrera would be an excellent employee and as asset to the new company. What he neglected to mention was anything about the accusations that were brought against Herrera, thus making the letter inaccurate and very misleading. The issue is...