Relevant excerpts from the decision:
In August of 2005, Sergeant Todd Kinghorn ("Kinghorn") was promoted to Lieutenant and trasferred from the sex-offendr registry to Internal Affairs. On August 26, 2005, Lt. Kinghorn received a Complaint Control Form (801 Form," "NSP 801," "801") from Captain Tom Schwarten alleging that the Grievant was abusing his authority and haraasing a black k man who was employed as a new [sic] anchor for a television station in Omaha, Nebraska. The Grievant had pulled-over the news anchor because the news anchor had been residing in Nebraska for more than thirty (30) days and had not yet obtained Nebraska license plates, as required by law. The Grievant issued the news anchor a warning. This same news anchor and the Grievant's fiancée worked for the same news organizaiton and there appears to have been some friction between the two coworkers. After being stopped by the Grievant, and being warned to obtain Nebraska license plates, the news anchor had lodged a complaint against the Grievant. The Agency conducted an investigation into the incident — including a review of the in-car video of the traffic stop that was the genesis of the allegation — and concluded that the Grievant had not engaged in any misconduct.
On October 17, 2005, Captain Lloyed Peters ("Peters") received information from the Kansas Bureau of Investigation ("KBI) that a law enforcement officer in Nebraska may have joined a website affiliated with the Ku Klux Klan ("KKK," "Klan"). The information provided by the KBI included mention of an incident that sounded to Management quite similar to the one involving the Grievant and the reporter from Omaha.
I have been in law enforcement for 23 yrs. My fiancee has been working in TV news locally for 8 yrs. A recent hired black anchor ie: they need people of color on the news desk, has been trying to get real friendly with her. But she has told him to leave her alone. She even complained to the higher up's. They told her not to cause trouble. So, I contacted him, the black anchor and old him the same thing. Leave her alone. I was very polite and kind about it. He complained to my Capt, that I was harassing him. I was found not to be thru and investigation by IA. But I was told not to contact him any more by my Capt. My fiancee went to an atty. That specializes in these matters. She was told the black card wins all the time. So she probably should start looking for another job, or just not say anything to anyone at work.
It is pretty bad when a person can not even complain about these things and they are told to stay away or not say anything. Over my 23 years in my job this sort of thing has been getting worse, not only at work, but also with suspects. Whites are loosing their rights slowly. It's sad. I pray about it. I hope my prayers get answered. White knight in Ne.
In the decision, the Arbitrator overturns Henderson's firing. The State is appealing, and State Senator Ernie Chambers is promising to pursue revocation of Henderson's law enforcement certificate.