Former sheriff says staffing shortage caused him to collapse from exhaustion, and now he’s suing
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IDAHO FALLS — A former Clark County sheriff filed a lawsuit, saying he was overworked and underpaid while serving as the only law enforcement officer in the county for months.
In a 24-page federal lawsuit filed on May 10, John Clements — who resigned on Nov. 30 — alleges he was hospitalized after passing out twice because staff shortages required him to work “nearly all day and all night” with only a few hours of sleep.
“He decided he could no longer endure the stress and exhaustion of being the only on-duty law enforcement officer of the county. He submitted a letter of resignation on or about November 16, 2022, announcing his last day would be November 30,” the lawsuit alleges.
Clements took office on Jan. 11, 2021. The following year between June and September, two deputies resigned, according to court documents. Though a new deputy was hired, Clements remained the only law enforcement officer on duty so the new employee could attend POST. Clements sought approval and funding to hire another deputy who was trained and certified, but the commissioners would not allow it because “the prosecutor would not allow (the prospective deputy) to testify in court.” Court documents do not elaborate any further on this point.
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The lack of other law enforcement personnel meant Clements was unable to take any time off.
“During this time, Clements raised concerns with the county commissioners about the public safety implications of having only one law enforcement officer in the county to cover all law enforcement duties 24 hours a day, seven days a week for three months,” according to court records.
Over time, Clements says there were numerous health issues he experienced and about Nov. 12, he reached his breaking point.
“That evening he stopped by the Search and Rescue Banquet at the elementary school in Dubois,” the lawsuit alleges. “While at the banquet, he began to experience blurred vision and pressure in his eye. He went to Madison Memorial Hospital that night.”
He was released early the next morning and went home to get a few hours of sleep before returning to work. That afternoon, he and his wife were on their way to Idaho Falls to celebrate their anniversary, and he started having “extreme back pain,” which he attributes to kidney stones. His doctor called in a prescription for him, which Clements picked up the next day.
On Nov. 15, Clements “collapsed twice: once in the courtroom and once in the hallway of the courthouse.”
EastIdahoNews.com spoke with Clements when he resigned. He explained he and others were leaving because budget restrictions due to inflation resulted in low pay and benefits, which made it unappealing to work for the county.
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Commissioners later asked Clements if there was anything they could do to convince Clements to stay. In response, Clements said they needed to increase wages and allow him to hire a deputy. They allegedly hired the man Clements wanted to hire after Clements left.
During his time in office, Clements also investigated Commission Chairman Greg Shenton for misuse of public funds after getting complaints from voters that Shenton was using his dual position as commissioner and watermaster to “siphon funds from the county.” The lawsuit claims commissioners initially told Clements to shut down the investigation. Clements refused but eventually ended it when he learned Shenton’s conduct “was not criminal in nature.”
Clements alleges in the lawsuit that this investigation caused commissioners to retaliate by refusing his request to hire another deputy and to force him to “work under unreasonable conditions to the point of exhaustion.”
Clements says the county violated the Fair Labor Standards Act by requiring him to work overtime and not compensate him. He’s hoping to be awarded “compensatory damages in an amount to be proven at trial.”
A trial date has not been determined.
Clements was working as a deputy in Butte County, as of December. Mark McClure was appointed in his stead in December.
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Clark County commissioners have not responded to the lawsuit, as of Wednesday. We reached out to members of the commission, but did not receive a response.
County Clerk Camille Messick tells EastIdahoNews.com they just learned of the lawsuit several days ago and they’re now sifting through it to determine how to respond and what the next course of action will be.
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