Carbon County Sheriff Barry R. Bryner has not yet responded to an administrative complaint served earlier this month by the Utah Peace Officers Standards and Training (POST).
Bryner still has two weeks to respond to the complaint, which alleges he demonstrated a lack of concern for the safety of the citizens of Carbon County.Although unavailable for comment Thursday, the sheriff has said on earlier occasions that he will not resign the office to which he was elected and he will fight attempts to decertify him as a police officer.
Clyde Palmer, spokesman for POST, said that after a reply is received, POST has 45 days to arrange a hearing for Bryner before an administrative law judge. Palmer said, however, that POST would not necessarily wait the entire 45 days.
The complaint against Bryner lists nine specific counts of alleged wrongdoing, including some dating back to the time Bryner was a deputy sheriff.
The complaint says that between May and June of 1987 when Bryner was sheriff, he made false statements concerning the extent of law enforcement coverage by his department for high school graduation activities. It also says he attempted to misuse public money to attend classes on criminal interdiction in Kane County, when no such classes were offered.
Another allegation is that he conspired with Tina McCourt, a former dispatcher, to misuse public money, allowing McCourt to take sick leave when he knew she was in violation of the county's sick leave policy. The complaint alleges her absence was for personal business involving Bryner.
Further allegations are that he encouraged McCourt to make false statements to county officials and to a POST supervisor regarding her involvement with Bryner.
Other counts involve two instances in February and April of this year of alleged tampering with blood samples in DUI cases.
The complaint also says that last spring, Bryner is alleged to have received an antique gun from Bailey Sadler during a firearms course, which he promised to return. According to the complaint, one week later he allegedly told Sadler he did not know where the gun was. But Sadler said he located it at a gun repair shop.
Going back to a period between 1981 and 1983, when Bryner was serving as a deputy sheriff to former Carbon County Sheriff Ross Horsley, he allegedly falsely reported he had been involved in a physical altercation with a suspect.
Bryner is also alleged to have filed two false documents regarding his whereabouts on Sunday shifts in the period between March and August of 1983. He is also alleged to have driven his patrol car at an excessive speed on June 12, 1984, while other deputies were attempting to remove livestock from a state road in Carbon County.
Another incident listed in the complaint was on May 12, 1986, in which Bryner is alleged to have improperly discharged his revolver while investigating an incident involving a prowler.
The complaint says Bryner caused a deterioration of the professional image of law enforcement in Carbon County, and says he has not been honest in thought and deed, nor exemplary in obeying the laws, nor kept his private life unsullied as required by the law enforcement code of ethics.
Throughout the long controversy regarding the Carbon County sheriff, Bryner has blamed his opponent in the election, Chuck Semken, and Semken's brother Lee, chairman of the Carbon County commission, for using their influence against him. The Semkens have denied the charge.