Missoula Chief Deputy County Attorney Jason Marks wasted no words in responding to former Undersheriff Josh Clark's offer to settle a human rights complaint for $750,000.

In a letter to Clarice beck of the Montana Human Rights Bureau, Marks stated;

"While Missoula County would like to settle this matter amicably, Mr. Clark's offer is unreasonable, excessive and unacceptable," he wrote. "Even if Missoula County presumes that Mr. Clark is entitled to damages, an offer settlement of $750,000 is unreasonable because it is based almost entirely on lost wages and benefits. The facts are that Mr. Clark was not terminated no was his pay ever reduced."

Clark told KGVO News that Clark only worked three patrol shifts before voluntarily retiring.

"The fact of the matter is, that he worked all of three patrol shifts before deciding that he needed to leave the sheriff's department. and he got his full retirement pension," Marks said. "It's kind of astonishing that he came back with the numbers that he did that are well outside the bounds of what other discrimination claims that the HRB has been involved in have settled for."

Sheriff T.J. McDermott echoed Marks' comments, that Clark's offer of $750,000 was unreasonable, since he voluntarily retired so soon after resuming his duties.

Marks stated that the county refuses to propose a counter offer at the present time, and that he and the sheriff's office are now waiting for Clark and his attorneys, Rhoades and Siefert to submit a response. He states:

"The highest damage award from HRB that Missoula County is aware of is a $75,000 award arising from facts far more egregious than what Mr. Clark is alleging in this case. In light of Mr. Clark’s demand of an amount ten times this figure,Missoula County is forced to conclude that he has no serious interest in settling this matter."

"This will presumably be turned over to a hearings officer from HRB, and we will proceed to a hearing in the matter probably quite a ways down the road in District Court," he said.

 

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