Sarpy County board affirms termination of corrections sergeant after grievance hearing

The Sarpy County Personnel Policy Board on Oct. 8, 2025, voted 4-0, with one member absent, to affirm the termination of Gabriel Eric Pena Herrera, a former sergeant in the Sarpy County Department of Corrections. The board’s vote followed a full-day grievance hearing at which both the appellant and county presented witnesses and documentary evidence.

Appellant counsel Courtney Faller told the board the department “fired a correction sergeant without just cause, without following progressive discipline, and without acting consistently with how it has disciplined other employees.” Faller argued the investigating lieutenant recommended a 24-hour suspension and that the department skipped several progressive steps before terminating Pena Herrera on July 3, 2025. Faller asked the board to vacate the termination and award back pay.

The county, through attorney Ryan Coonhardt, said the termination was based on the totality of Pena Herrera’s record. “This termination was not about sick leave abuse. It was about multiple violations of policies and procedures,” Coonhardt said, adding that the director had authority to consider prior discipline and the cumulative effect of misconduct when deciding an appropriate sanction.

At the hearing, the investigator who completed the sick-leave inquiry recommended a 24-hour suspension. As Lieutenant Vanden Bougaard wrote in his findings, “A 24 hour suspension is the appropriate level of disciplinary action.” The lieutenant’s report concluded there was evidence warranting discipline for the May 17, 2025, sick‑leave event but also noted no prior pattern of sick‑leave abuse by Pena Herrera.

Witnesses included Pena Herrera, who testified he called in sick on May 17, 2025, and said he used time on an aircraft to try to recover from illness; Julie K. Nielsen, operations administrator, who described how she uncovered overtime entries and leave-calendar discrepancies; Assistant Director Jake Burst, who reviewed the investigator’s report and Pena Herrera’s disciplinary history and recommended termination to the director; and Director Joe Ellen Martin, who said she considered the department’s policies and the employee’s disciplinary record when deciding to terminate the position.

Pena Herrera’s prior personnel file contained two final written warnings (March 29, 2024, and Jan. 27, 2025), a letter of counseling and other corrective actions. Appellant counsel disputed whether some of those actions should count as formal discipline for purposes of progressive discipline and said the termination letter—stating termination for “numerous and ongoing SOP violations”—did not specify which violations were ongoing.

The board moved into executive session during deliberations and reconvened to vote on the individual decision. A motion by Jonathan Davidson, seconded by Donald Gifford, to affirm the director’s termination decision carried 4 yeas, 1 absent. Board members voting in favor were Jonathan Davidson, Donald Gifford, Melissa Kimberling and Diane Bruce; Randy Bennett was absent from the meeting.

The personnel committee then closed the grievance hearing and adjourned the meeting at 6:06 p.m. The termination remains in effect pending any subsequent procedural or legal steps the parties may take.

Votes at a glance: Motion to affirm Director Joe Ellen Martin’s termination decision for Gabriel Eric Pena Herrera — motion by Jonathan Davidson, second by Donald Gifford; outcome: approved 4–0 (1 absent).