Questions raised over Balenger's use of vehicle while on leave
Mineral County Undersheriff Mike Boone was present at a regular meeting of the Mineral County Commissioners Dec. 12 to field questions regarding the paid administrative leave of Jim Balenger.
Since Balenger was placed on leave pending a state investigation, questions have been raised over his use of county equipment – specifically his vehicle.
“The only thing I know of is he has the dog (Mineral County Sheriff’s Office K9 unit),” Undersheriff Boone said. “No one else can handle the dog unless they enjoy getting bit. I know he had to take it in for shots and as far as I know that’s the only incident.”
Mineral County Commissioner Roman Zylawy asked Undersheriff Boone if Balenger should even be driving the vehicle at all while he is on paid administrative leave – adding the commissioners were hoping to discuss the matter with Sheriff Ernie Ornelas, who was not present.
“If a guy is on administrative paid leave, suspension, normally they take the badge and the gun and the car,” Commissioner Zylawy said. “So that way he is not acting under the colors of the Sheriff ever. Especially the car, what if he gets in a wreck – is he suspended or not suspended?”
Undersherrif Boone said the decision of whether or not to allow him to use the vehicle for things such as taking the K9 unit would fall to MACO.
“Because if he is in his personal vehicle and he crashed while doing county business is there still some liability there, I don’t know,” Undersheriff Boone said.
Mineral County Attorney Marcia Boris said there would be “some” liability in that type of situation and also expressed her concerns with Balenger using the vehicle.
“I guess I am wondering what if he is driving to Missoula in a marked patrol car and comes across an accident,” Boris said.
“He has a duty to act, but can’t because he is suspended and if someone sees a marked patrol car they are going to expect him to respond.”
Boris added that if he did act, even as a civilian giving medical aid, it could still create liability issues for the county since he is driving a marked vehicle.
Commissioner Zylawy elaborated on what traditionally happens when an officer is placed on paid administrative leave – stating that the reason for taking the badge and vehicle is to ensure no further complications.
“Right now he is on a suspension,” Commissioner Zylawy said.
“So when people call in and say ‘what’s this guy doing driving a patrol car’ we get those calls. We have the property and I don’t think we want someone that’s suspended to have a patrol car.