Employees of the Salt Lake County Sheriff's Office can use their discretion if approached by attorneys representing a plaintiff in a lawsuit filed against Sheriff Aaron Kennard, a federal court judge has ruled.

And a letter sent to employees May 14 from county attorney William Hyde isn't threatening in nature, U.S. Magistrate Samuel Alba said."I don't see that letter as an intimidating nature. It tells them it's up to them to decide," Alba said.

Attorneys for W. Scott Miller, a former deputy sheriff who is suing Sheriff Aaron Kennard, had asked Alba for a ruling on the letter, which they believed had a chilling effect on potential witnesses. Miller also is Kennard's opponent in the November election.

The letter states that as an employer Salt Lake County has "a right to discuss litigation matters with our employees." And adds that "managerial employees (sergeant or above or civilian managers) . . . are directed to immediately advise our office of the request . . ."

Miller's camp hoped the judge would rule the county should send a curative letter saying employees - specifically managers - could speak freely without alerting county attorneys.

Attorneys for Miller saw Tuesday's ruling as a win - even though Alba ruled against them.

"Frankly, we didn't expect to get a curative letter," attorney Matthew Raty said. "But we're very happy that he told us we could laterally contact the sergeants."

Alba ruled that only employees carrying the rank of lieutenant or above would be considered managerial administration for the purposes of the case.

Miller filed suit against his former boss in January, saying that in 1997 Kennard violated his civil rights and unfairly demoted him from supervisor of the S.W.A.T. team to the communications division, where he managed a staff of unsworn dispatchers.

Miller maintains that demotion and a subsequent Internal Affairs investigation of him was retaliatory because Miller had been hired by an attorney to testify as a security expert in a case against Kennard campaign supporter, Javier Middlekauf, owner of Middlekauf Lincoln-Mercury.

David Westerby, who represents Kennard, said he has no strong feelings about the ruling. Kennard had said all along he wanted non-managerial employees to feel free to talk if contacted and differed with the county attorney's office on some points.

Westerby said he believed the county attorney's concerns were based on liability issues.