Now
Fair
87°
High
95°
Low
70°
Full Forecast

Jobs

Cars

Homes

Rentals

Alerts

Subscribe
Home > News > Local
Bookmark Us   •   Make Us Your Homepage

Former trooper fired for KKK ties argues for job back

Comments 41 comment(s)  
E-mail Story E-mail Story
Print Story Print Story
Share  Share
Text Size: 
Tools Sponsor

By NATE JENKINS / The Associated Press

Tuesday, Mar 04, 2008 - 04:13:09 pm CST

Attorneys for a former state trooper who joined a group affiliated with the Ku Klux Klan were scheduled to argue Tuesday before the state Supreme Court that he was wrongly fired by the state.

In briefs filed with the state Supreme Court, the attorney for former trooper Robert Henderson says his client’s free speech rights were trampled and that Henderson didn’t violate a specific state policy because he never treated anyone differently based on race.

But an attorney in state Attorney General Jon Bruning’s office argues that Henderson’s previous ties with the KKK is a clear breach of a policy: that officers be impartial enforcers of the law and encourage public confidence.

Story Photo
Robert Henderson

Related Media

Back Story with Clarence Mabin

Steve Smith and Clarence Mabin discuss the case of Robert Henderson, a former State Trooper who appealed his firing to the Nebraska Supreme Court. Hen...

Comments: 0
Rated:

“Employing as a state law enforcement officer someone who espouses a personal conviction that race makes a difference in how people should be treated, and who aligns himself with ... the KKK cannot, under any circumstances, be consistent with public policy ... to encourage public confidence in our law enforcement officers and treat all citizens equally,’’ Assistant Attorney General Tom Stine says in written arguments to the state high court.

The court was expected to offer the final word in the topsy-turvy case.

Henderson was fired from the force, then ordered by an arbitrator to be reinstated as an officer, only to have the reinstatement overturned by a Lancaster County District Court judge.

Henderson was dismissed in early 2006 after patrol officials discovered he had joined a racist group and posted messages on its Web site.

Henderson, who was a patrolman for 18 years, told an investigator he joined the Knights Party in June 2004 to vent his frustrations about his separation with his wife. She left him for a Hispanic man.

Henderson posted four messages to the Knights’ Web site, according to the investigator’s report. The group has described itself as the most active Klan organization in the United States.

Arbitrator Paul J. Caffera from New York later overturned Henderson’s firing. He said Henderson was entitled to his First Amendment rights of free speech and that the state violated the state troopers’ contract, in part when it fired Henderson “because of his association with the Knights Party ... and the Ku Klux Klan.’’

Caffera ordered the patrol to reinstate Henderson within 60 days and pay him his back wages.

Bruning’s office appealed that decision and won in Lancaster County District Court. A judge said Henderson violated the state’s public policy against discrimination.

Henderson then appealed that decision.

His attorney argues that there is no evidence Henderson committed “actual acts’’ of racial discrimination. The attorney, Vincent Valentino, says in written arguments that Henderson has never been accused of any such act and that data on who he stopped while working indicates he did not engage in racial profiling.

Valentino goes on to argue that the public policy the district court pointed to when reversing the arbitrator’s ruling was “judicially created.’’

“Since ... Henderson has never deprived anyone of any right, privilege, liberty, property or employment because of race, he has not violated the public policy identified by the district court,’’ Valentino says in his written argument.

“Henderson was fired for exercising his constitutional and statutory rights to free speech and free political affiliation, and not for violating clear and explicit Nebraska public policy,’’ Valentino goes on to argue.

The state Police Standards Advisory Council will wait until after a ruling from the state Supreme Court before holding a hearing on whether to revoke Henderson’s certification to be a law enforcement officer.


$1 Sunday Delivery - Subscribe Today!
Local > Back to Top of Story

Post Your Comment

Standards and Rules
All posts to JournalStar.com are subject to our Terms and Standards.
Your posted comment will appear after it has been approved.
Frequently asked questions about story commenting.
(optional)
   
Hide Comments Hide Comments   Newest First Newest First  
junior wrote on March 4, 2008 10:49 am:
" you simply cant hire or fire people for their associations with organizations just because you dont agree with their mission. its obvious his rights were violated and he should get restitution. "

 dt wrote on March 4, 2008 10:53 am:
" Joining the group alone shows where his true feelings are. I have a hard time believing he would treat minorities the same as caucasion people. We do not need people that have hatred towards groups of people in the State Patrol.
Racists need to grow up! There are more races mixing now than ever before. The people that are racists need to check their background thoroughly and their DNA, they might be in for a surprise!I did this and found some surprises but it does not bother me as I am not racist. There is a smaller percentage of population that is a 100% one group.
Hatred is Hatred and there should be no room for people in law enforcement that want to participate in it! "

 Nina wrote on March 4, 2008 10:58 am:
" Technicalities aside, it would be a badge of shame for a Nebraska state employee to hold membership in, and adhere to practices of, the KKK. We definitely do not want to be associated with such a racist, hate-mongering, and violent group. And since Nebraska is a "hire at will, fire at will..." state, he should be gone for good. "

 Bob wrote on March 4, 2008 11:15 am:
" Does membership in the NRA, the NAACP or belonging to the wrong church mean someone should not be allowed to work for the state? As I understand it, freedom of speech, freedom to congregate and seperation of church and state would mean that, even if one belongs to a church that worships satan, that person would still be able to work for the state. Government isn't supposed to know or care about affiliations... "

 GMP wrote on March 4, 2008 11:25 am:
" He violated the state's policy: that officers be impartial enforcers of the law and encourage public confidence. Enough said. Uphold his firing. If he were to stop me for even a minor infraction, I would call the state patrol and request a different officer before I would roll down my window, and have them radio him and tell them I was on the phone with them, and would stay until they sent someone else. He would not be effective as an officer now anyway. Oh, and for those who want to know, I am blonde haired and blue eyed, so am sure he would treat me with respect, but I could not do the same for him. "

 MarkyMark wrote on March 4, 2008 11:26 am:
" You simply cant have a law enforcement office affiliated with a hate group. This is an absolute conflict of interest. Good riddance officer. "

 Yes I can and do!! wrote on March 4, 2008 11:27 am:
" That's just too bad because if he worked for me, I would have fired him in a second for my own believe his moral compass is not pointed in the right direction. I can and do choose who works for me based on character and moral. I also can fire someone for cursing if I so choose. It's up to the person with authority to decide if an employee is acting in accordance with the "high" standards set forth. Somebody has to set the standards and somebody has to make decisions and ensure the standards are being met. Everything does not have to relate to law. Everybody uses this model in some shape or form. If this man worked in the private sector, this would not be an issue. If he worked as a bus driver or day care operator, virtually any parent with a child that could come into contact with this man would demand his termination. Why act any different with local government? Does the State Patrol have to abide by a completely different set of Civil Rights laws? I would not even consider hiring him again unless he contractually agrees to resign his association with his outside organization. I would also tell him to use better judgment next time!!! I also have the ability to forgive!! Hopefully some of you can learn something from this and teach others by your actions!!

If I am confronted with a Civil Rights case regarding a matter related to the nature of this article, I respond by saying what case? This man/women has not fit the position in which I hired for and this latest problem was the tip of the iceberg. I have not the time or the resources to deal with an employee of this nature. He/she is costing the company time and money for which I am not willing to invest any more off. The continuation of problems in the work place caused by this man's/women's actions have stopped since his or her termination and therefore as a company, we have implemented the correct solution.

See...it's easy and honest!!! Nothing to hide behind on my end!!
"

 Pointless wrote on March 4, 2008 11:43 am:
" It would be pointless to have him as an officer. Any attorney worth his salt would have every one of his cases thrown out before he can even turn his cherries off. "

 megg wrote on March 4, 2008 11:51 am:
" i think it is scary to think that there are still people in high places like that who can make or brake your life by saying one thing bassed apon what color you are. my sister is black and i am half wight and iranian when people see us together we get odd looks but when we tell them we are sisters they almost scream in shock! ok whats the big deal two people fell in love and had a baby who cares what color they are??? "

 LEO wrote on March 4, 2008 1:26 pm:
" Should he have joined this group... No. This has shown that this trooper has an impartial mindset. Should he be fired for excersizing his right to free speech and free association... Also No. Simply joining the group and making a posting should not lose him his job. In the end I believe that whether or not he keeps his job should depend on the content of his posts. Just like you can't yell 'Fire' in a crowded theater, the message that he chose to send should dictate if he still has a job. Since this article doesn't include what his specific posts said, I won't comment on what the high court should decide. "

 amy wrote on March 4, 2008 1:35 pm:
" He should not get his job back. We have enough troubled people in this world. We don't need our law enforcement to be the same way!!!!! Let the KKK help him get a job else where! "

 dale gribble wrote on March 4, 2008 2:02 pm:
" its pointless to argue here about it. the supreme court has already made clear they dont think police officers have free speech rights
Omaha Police Union Local 101 v. City of Omaha, S-06-403 "

 KKK-Police wrote on March 4, 2008 2:07 pm:
" A state trooper (with a gun and a badge) was a member of KKK. He was fired and now he wants his job back. Wow... Great. It will make the state of Nebraska really famous all over the world. A (active?) KKK member as a law enforcement? What will be the next? Curious. If he gets his job back, that will be exactly the moment for me to get out of the this state. "

 He has the right! wrote on March 4, 2008 2:19 pm:
" Last I checked it wasn't illegal! Give him his job back! "

 Patty wrote on March 4, 2008 2:36 pm:
" I don't think that it is good to have an opinion until I were to read his four messages. What if he was just really angry about the fact that his wife left him and wanted to talk to a group that would let him vent. If he vented here...everyone would be on his case. Counseling would have been a better option. He could also be a racist, but this article doesn't have enough information to condem the guy one way or the other. "

 Buddha wrote on March 4, 2008 3:14 pm:
" Impartial enforcers of the law???? Wow, that means any black patrol officers who belong to NAACP are supposed to be fired...any Catholic patrol officers belonging to the Knights of Columbus need to be fired...any patrol officer who is a Mason needs to be gotten rid of...by the time you actually follow the letter of the policy, you have nothing left for a state patrol! "

 No to Buddha wrote on March 4, 2008 3:57 pm:
" The KKK is a questionable organization. People should stop hidding behind the law by calling it an organization. The acts of this man are questionable and I don't want to be part of a country that won't let an employer fire someone by thier actions outside or work. I also agree with other postings here as well. There are ALWAYS two sides to the story. We only have one side now don't we. Also, by your logic Buddha, I can associate with a terrorist organization and long as I call it an "organization" I should not be fired? Does not make much sense now does it. You and everybody else need to start taking responsibility for your actions, no matter what they are. Unless these organizations you mentioned are known for hatred, violence and other things considered questionable, they cannot be compared to the KKK. "

 Wow wrote on March 4, 2008 4:19 pm:
" Can't tell the difference between a group like the KKK and the NAACP or the Catholic Church? Really? I'm pretty sure that the NAACP and the Knights of Columbus do not advocate for violence and discrimination against one class of people. The KKK has a long a history of hate crimes and murders. "

 Not a Constitutional Issue wrote on March 4, 2008 5:01 pm:
" People need to double check the Constitution - his right to free speech and free association is NOT being violated. He has every right to join those groups, and no one will stop him.

The Constitutiion does not protect your job (government or not) if you choose to exercise that right. He is not being prevented from expressing his Constitutional rights - but exercising those rights always has consequences.

And whoever said this is a separation of Church and State issue...you are so far off-base it's shocking. "

 MarkyMark wrote on March 4, 2008 5:06 pm:
" Buddha, my brother, you comparing apples and cantelopes. "

 Big Chief wrote on March 4, 2008 5:48 pm:
" Where is the connection with the group this Trooper joined to the KKK?

The last I heard the KKK had a judgement against them of $200 million or more. If there was proof of a KKK connection the assets of this organization would be confiscated to satisy that judgement. "

 Ted wrote on March 4, 2008 6:16 pm:
" He's not being accused of breaking the Law. Yes, it's a free country and he can to a reacist organization, but as a public servant, and an employee of the state he can and should be fired for being racist, regardles of whether or not he as acted on those belifes. On a more practical level, he can't do his job effectivley since the public knows his personal belifes on race. If you were on a jury, would you convict a racial minority on his testimony? "

 Bob wrote on March 4, 2008 6:54 pm:
" Anybody in the KKK should be forced to live under their rock. Isn't that obvious?

What strikes me is the the comments. Nebraskans seem to be more preoccupied with the impression somebody from Nebraska gives the rest of the world than the fact the man is dead wrong. Nebraskans, forget about everybody else and do the right thing.

Bob "

 Rick wrote on March 4, 2008 7:47 pm:
" This are truely very tricky rapids to negotiate. On the one hand there is a constitutional right guaranteed all citizens of the freedom of speech. On the other hand you have an individual who has joined an organization with a specific agenda which supports hate and segregation, who is entrusted to impartially enforce the laws of the state. Lancaster County Court states that Henderson violated the states public policy against discrimination, but does not indicate how. I have been a state employee for 15 years and know of no state public policy against discrimination. Each state agency has a policy against discrimination and there is a letter from the Governor indicating that discrimination is not tollerated by state employees. Unless the State Patrol has a specific policy against joining such organizations, it may be difficult for them to justify the firing. No it is not at all appetizing to have law enforcement personnel involved with such organizations, however with a first amendment right to freedom of speech it does give them the right. I am certainly not jealous of either side prosecuting and defending this issue. It is tricky indeed. "

 Ken Mier wrote on March 4, 2008 9:04 pm:
" Its not a crime to be a Klansman its an Honor.
This entire country has steriotyped the entire white race and is working to further create barriers for The New Civil Rights Era.

Thats like fireing a black trooper for being associated with his own church which is connected with the NAACP.

The sympathy will be so downplayed soon that the entire Constitution will be Naught.
"

 mike wrote on March 4, 2008 11:20 pm:
" I beleive the state is in the wrong on this He should be given his job back and receive restitution plus compensation for the torment "

 zorc wrote on March 5, 2008 1:49 am:
" So next time some elementary school teacher joins NAMBLA, it'll be okay with all you parents because they have freedom of speech! Why do people think that the first amendment also gives them freedom from consequences for their actions? "

 LEO 2 wrote on March 5, 2008 6:12 am:
" I agree that he shouldn't have his job back. He has every right to join a hate group like the KKK, but I'm thinking that the State Patrol has its own rules about your code of ethics when you're not on the job. I also am a LEO and I know that it is written in our ethics code book that our behavior off of the job is also subject to the conditions of our employement. Is it my right to be a stripper? Yes. Is it my right to be a law enforcement officer and representing my agency AND be a stripper? No. If the State Patrol has a policy that their officers must be impartial and promote public confidence, well, I don't really think that a membership in the KKK promotes either one of those ideas. "

 Jen wrote on March 5, 2008 7:05 am:
" For all of you saying that he shouldn't be fired, and he should get his job back, let me ask you one question: if someone running for president were a member of a white supremacist group, would you vote for them? I'm guessing not. Aside from the fact that you can't guarantee his behavior towards minorities in the field, his reputation as an officer has now been stained, due to his own ignorance. Let's say he does get rehired, and behaves himself every day, treating everyone equally. Who's to say that someone he's arrested won't come back and say that he discriminated against them? He's certainly gotten the publicity now, and I think it will be nearly impossible to discern the truth in any legal matter concerning him. He made the choice to join up with this group, he made the choice to publicly fight the department's decision, and he's the one that has to live with the consequences. Chalk it up to lesson learned, and move on to a new career. "

 Ryan wrote on March 5, 2008 8:19 am:
" He may have had ties to the KKK before but hatred for a race or religion is a learned trait. He can unlearn it just as easy as he learned it. He deserves a second chance. We give murderers and rapists and child molestors second chances everyday that they are either paroled or not strapped into "old sparky." He deserves a second chance. Anything less would be hypocritical, but I can see it happening in this state. "

 Tom wrote on March 5, 2008 8:26 am:
" I agree the KKK is a despicable organization but the NAACP isn't? They use scare tactics just as the KKK does. If you think different how many times have you heard them call out a boycott of a single business because they think they had had something done to them and it has an owner who is not black? Might not be burning a cross in front of the business but they are still doing whatever they can to take away the persons livelihood. Goes both sides of the fence. If you fire a trooper for being in the KKK all troopers who belong to other racist groups such as the NAACP should also be fired. "

 Buddha wrote on March 5, 2008 8:48 am:
" You're missing my point. Look at this quote from the story: "But an attorney in state Attorney General Jon Bruning’s office argues that Henderson’s previous ties with the KKK is a clear breach of a policy: that officers be impartial enforcers of the law and encourage public confidence."

My point is this: if they "demand" everyone be impartial enforcers of the law, then they won't HAVE a patrol because noone in the patrol can be impartial if they have affiliations. For example, can a Catholic patrol officer distinguish between abortion and murder without falling back on his/her religious beliefs? THAT'S MY POINT!

I'm not comparing apples and cantelopes. I teach at the college level for a living and I can tell you, there is NO impartiality in this world anymore! "

 GMP2 wrote on March 5, 2008 12:00 pm:
" Isn't Nebraska a "no right to work" state, where they really don't have to have a reason to fire you? So what is the big deal? He's fired. End of story. "

 R. Todd Porter wrote on March 5, 2008 12:57 pm:
" It seems to me that since the troopers paycheck comes from the people (of ALL color), this or any other openly bigoted trooper should not be employed by the people (or State). "

 27 year Cop veteran wrote on March 5, 2008 12:59 pm:
" Wrong Junior. The only thing obvious is the trooper violated his Code of Ethics. He on duty 24/7. His conduct off-duty relates to his integrity and his ability to impartially perform his job. He is not a civilian. He gave up certain rights when he took his oath and pinned on the badge. The KKK is a hate group, not an organization like the NAACP.

Does this make the State of Nebraska look bad? I don't think so. The State Patrol took immediate action when they discovered the issue. I commend the State Patrol for acting so quickly in terminating this trooper. "

 Good riddance wrote on March 5, 2008 4:43 pm:
" For one thing, abortion and murder are clear cut cases, so how do you compare the two? Abortion, at this point to a certain stage in Nebraska, is legal. Murder is not, anywhere. Everyone has religious beliefs but that doesn't mean you belong to an 'organization'. How would you know how many employees in law enforcement, if any, belong to questionable organizations dealing with race, and if others have, white or black, been terminated for such affiliations if it is prohibited to be members in these organizations as a law enforcement officer? "

 What about... wrote on March 5, 2008 4:44 pm:
" ....when it came time for someone to challenge him on something big like a drug bust and the defendent is guilty as all get out but since the defendent is a minority and has a competent attorney he gets off because the attorney finds the trooper on this website while doing his research and then argues that since this trooper is a racist he was unfairly targeting the defendent. Say this doesn't affect his job all you want but even if he treats everyone equally the simple act of him being affiliated with a racist group is putting all of his arrests/tickets into question - thus the higher possiblity of a criminal not getting punished. "

 Omg wrote on March 5, 2008 4:50 pm:
" This Buddha person teaches college level students. Comforting, real comforting. "

 Death wrote on March 5, 2008 7:17 pm:
" He was to be reinstated. Period. "

 Diablo wrote on March 5, 2008 10:38 pm:
" This was infact a wrong action on behalf of the state of Nebraska. The last time i checked it was not against the law to have a personal life out side of the work place. When becoming an emloyee for the state of Nebraska you might have to sacrifise a couple of things but the one thing that a judge is supposed to do in the court system is to look over and be sure your rights as a(Nebraska and more importantly a United States)citizen are protected. Perhapes Henderson is not the one that is violating Nebraska's public policy against discrimination. Nebraska as a state it's self is violating it's own public policy agianst discrimination of it citizens and violating there rights to exercise there constitutional and statutory rights. We have the right to have a personal life. It is becoming more and more that our rights as citizens are disappearing right befor our eyes and nothing is being done about it. This should open all of our eyes. "

 Jeff wrote on March 5, 2008 11:02 pm:
" Most people in America only see the bad side of the KKK. The history of the KKK hasnt always been good. But the thing about us American is that we dont care to look into what the situation is. We are very beleiving people. We believe every thing we here. The original purpose of the KKK was to see "Justice brought to blacks and whites, high and low, and above all to protect the womenhood of the country and to secure for their children and their children's children contentment and happiness in the land we love. Stereo typing is a big issue in todays society. Every one does it. And the state of Nebraska has shown that very clearly as an act of discrimination. Yes you do have to go before oath to get the job and give up certain rights but can any never take away the right to the freedom of belief and to exersice your constitutional and statutory right. Even if your the president. Your opinion DOES NOT MATTER. Our any of our presidents could have been affiliated with the KKK but you would not WANT them to be president but it does not mean they couldnt to to their constitutional and statutory rights. Henderson shall recieve his job back as long as he does not act on behalf of his belief on the job. Everyone deserves a second chance. Put your self in his position. Thats like fireing you prom you job because you might me affiliated with the Jewish religion or Christianity. Perhapes you would be fired for believing in GOD. Think about it people. There was no crime committed and the Nebraska public privacy law was not violated and if it was there was no evidence to show so. "

Ads by Yahoo!

More Stories In Local