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Police Auditor Awaits Firing Decision; Could Be Awarded Damages

Tristan Bonn's Case Nears Completion

POSTED: 9:00 am CST January 29, 2008
UPDATED: 2:25 pm CST January 29, 2008

Omaha's former auditor may get a damage award as legal action winds down in her case.

In December 2006, Tristan Bonn filed a wrongful termination claim against Omaha with the Nebraska Equal Opportunity Commission.

Bonn was terminated by Mayor Mike Fahey on Oct. 30 shortly after she delivered a report that was critical of the Police Department. The mayor cited insubordination.

Bonn and her attorney walked into the state office building in downtown Omaha in October 2007 to meet with state officials and file a "retaliation claim." The claim asserts that the city of Omaha took adverse action against Bonn for raising concerns about discriminatory problems and practices within the Police Department. Bonn and her attorney, Bassel el-Kasaby, said that action violated state and federal law.

On Monday, el-Kasaby said his client was fired because of a report critical of the Omaha Police Department, not for insubordination as the city claimed.

"Their position is that they fired her for insubordination," el-Kasaby said. "(That is) a reason that doesn't hold up. That is clearly why she was fired -- because of the contents of that report."

In October 2006, Bonn authored a report that detailed complaints of "rude, overly aggressive" officers during routine traffic stops. The report said, "People of color complained of much harsher treatment in their communities." Bonn said at the time that the 88-page report was just the tip of the iceberg.

Now, Bonn and el-Kasaby have done all they can do, and they're waiting to hear the state's decision on Bonn's claim. El-Kasaby said he is already considering further action.

"It's time to consider future steps," el-Kasaby said. "Going to court is an option."

The NEOC said on Monday that it couldn't comment further on Bonn's case.

The mayor's office declined to talk. The city law department said it is awaiting a decision or other word from the state, having not heard from the state since submitting the city's response to Bonn's claim.

City officials reiterated that Bonn was fired for insubordination, and that they stand by their decision.

Community activist Preston Love Jr. said he and others are watching closely. Love said the auditor position is crucial. He is among a group of people calling for reinstatement of the position, and as he does so, he said he's seeing positive signs within City Hall.

"There's some receptiveness by certain members of the City Council to have dialogue," Love said.

Discuss: Need Auditor?

Bonn did not return calls seeking comment, but her attorney said she's doing well.

If the state finds in Bonn's favor, she could be awarded monetary damages. Bonn may decide to take her case to court before that.


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