Pubdate: Sat, 03 Jun 2006
Source: Salt Lake Tribune (UT)
Copyright: 2006 The Salt Lake Tribune
Contact:  http://www.sltrib.com/
Details: http://www.mapinc.org/media/383
Authors: Lisa Rosetta and Stephen Hunt, The Salt Lake Tribune
Bookmark: http://www.mapinc.org/topics/Native+American+Church

MEDIATION TO SETTLE FIRED COP CASE

In and Out of Courts: The Lieutenant Was Fired for Using Peyote In
Religious Ceremonies

Since firing police Lt. Terry Begay in 2003 for using peyote as part
of a Native American religious ceremony, the Salt Lake City Police
Department has mounted a vigorous fight to prevent her from returning
to work.

But this week, the city and the Utah Council on Peace Officer
Standards and Training (POST) agreed to enter into settlement
negotiations later this summer that will be presided over by a mediator.

"I hope we can reach a full and fair settlement," said Begay's
attorney, Erik Strindberg, on Friday.

He said the case was about "religious freedom, and at what point does
it impact on your professional life?"

"I'm not sure why the city took such a hard line on this," Strindberg
added. "She's a decorated, long-time, successful police officer."

Begay sued the department in 2004 for racial and religious
discrimination, claiming she is a member of the Cherokee Chippewa
Tribe of Oklahoma, as well as the Native American Church. Her husband,
also a registered member of the church, is a member of the Shoshone
Tribe of Nevada.

According to her lawsuit filed in U.S. District Court, Begay is
seeking reinstatement of her position at the Police Department, as
well as lost wages and benefits, damages and the costs of litigation.

Begay was hired as a police officer on Oct. 24, 1986, and eventually
attained the rank of lieutenant, according to her federal lawsuit. In
1997, she began attending meetings of the Native American Church. One
of the church's ceremonies requires the use of peyote, a
hallucinogenic cactus.

In June 2002, Begay's husband received a bag of peyote plants or
"buttons" as a gift following a church meeting. Begay helped him
convert some of the dead or dry plants to powder and planted the
others and cared for them, according to the lawsuit. Later that
summer, the Police Department received an anonymous letter alleging
Begay was using peyote and providing it to others in church ceremonies.

When the department launched a formal investigation into the
allegations in January 2003, Begay admitted to using peyote as part of
her religious practice, and as a result, was fired March 10, 2003.

Federal law recognizes the lawful use of peyote when used in religious
ceremonies by the Native American Church, according to the lawsuit.

Shortly after she was fired, Begay appealed her termination to the
Salt Lake City Civil Service Commission, which ordered the department
to restore her position and give her back pay. Begay was then placed
on administrative leave with pay in October 2003, but did not receive
back pay, according to the lawsuit.

As of Dec. 1, 2004, Begay's annual salary was $69,555, according to
city records.

The department appealed the Civil Service Commission's findings,
requesting her termination be upheld. The Police Department then
petitioned the Utah Court of Appeals, which upheld the commission's
decision.

The Police Department also filed an administrative complaint with POST
requesting the suspension or revocation of her officer certification.
On Jan. 13, 2006, POST suspended her certification for five years.

Without POST certification, "there is not any way a police officer can
work," said police attorney Martha Stonebrook. The Police Department
terminated Begay for a second time shortly after the POST decision.

Strindberg said Begay has appealed the POST ruling to the Utah Court
of Appeals.

Stonebrook said Begay was fired in 2003 because, in the police chief's
opinion, she was breaking the law.

"We felt she was growing peyote and distributing it . . . without
protection from the law or religious exemption," Stonebrook said.

As for the upcoming settlement talks, Stonebrook said, "We don't know
what they'll be presenting to us. We have simply agreed we will show
up and participate."

Strindberg said he feels "comfortable" with Begay's legal position
should the case ends up back in court. But he added that the "whole
purpose of mediation is resolution. Everyone gives up a little bit and
gains a little bit."

At the time the lawsuit was filed, Begay was working as a clinical
social worker at Salt Lake Regional Medical Center and collecting her
lieutenant salary from the city, according to the lawsuit.
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MAP posted-by: Richard Lake