Balenger's termination letters to be released

MINERAL COUNTY - Jim Balenger’s request to prevent Mineral County from releasing details regarding his sudden departure from the Mineral County Sheriff’s Department has been denied by a district judge.  

Karen S. Townsend ruled on May 12 that Balenger’s request for injunctive relief be denied. The ruling means that the details of his termination and due process letters must be made public. If Balenger doesn’t appeal, the letters will be released May 21. 

As of March 18, Balenger was officially relieved of his duties as a deputy sheriff, and the exact details regarding his departure remain unknown. 

In September of 2012, Balenger was accused of using excessive force on a prisoner in the Mineral County Jail. Shortly after an investigation, Sheriff Ernie Ornelas cleared him of any wrongdoing. 

However, Balenger states in the court documents that he was given a termination letter explaining the reason the department was ending his employment. The department sought an explanation regarding apparent misconduct by Balenger, he didn’t respond to the allegation, which was grounds for termination, according to the court document.

On April 2, Balenger was notified that the Mineral Independent followed by the Missoulian requested the release of the termination letters and the Mineral County Attorney’s Office intended to release those letters on April 14. Ornelas handed over the request to Balenger, and said unless he fought the decision in court the letters would be released. 

A request filed by Balenger’s lawyer stated that releasing the letters would violate his privacy under the Montana and the United States Constitutions. He argued his right to privacy should protect him from making the details of his termination public, including any other employment records. 

The county responded to the request and according to court documents said the public has a right to know and that government documents should be released unless the demand for individual privacy exceeds the rights of public disclosure.

Balenger and his attorney filed a temporary restraining order to prevent the documents from being made public, and they also hoped to file an order to permanently withhold the documents from ever being release. The case had to be reviewed by Townsend who denied the requests. 

The county advocated for the release of the letters saying that Balenger does not have an actual right to privacy regarding his employment as a deputy sheriff, because he held a public position and the community has the right to know the details of his departure. 

Balenger may expect privacy in his employment records, but with the allegations against him, the community is not willing to recognize that privacy right, according to the court document. 

Balenger believes that the alleged misconduct does not apply to his sworn public duty as a police officer and doesn’t relate to the public’s trust.

The court disagreed and the responding document said the court believes the alleged misconduct does in fact relate to Balenger’s position of public trust as a sworn police officer further solidifying that the documents should be released.