Twice-fired Polk County sheriff's Sgt. Dan Charleston won't get job back, court rules

MacKenzie Elmer
The Des Moines Register

A Polk County district court judge has denied a twice-fired Polk County sheriff sergeant's appeal for reinstatement. 

Judge Paul Scott ruled Friday that former Sgt. Dan Charleston failed to show that Polk County's Civil Service Commission "erred in any respect" when it affirmed Sheriff Bill McCarthy's decision to fire him last year. 

Polk County sheriff's Sgt. Dan Charleston

Fellow staff members accused Charleston of giving preferential treatment to male subordinates, harassment and gender bias. 

Charleston was fired June 23. He appealed to the commission, which reaffirmed the firing on Aug. 29. 

Lawyers for the former sergeant argued during a February court hearing that he was fired without just cause and being targeted for termination. 

Charleston ran twice against McCarthy for Polk County sheriff and lost. 

Assistant Polk County Attorney Ralph Marasco Jr. argued the commission found Charleston was insubordinate and didn't follow procedures or verbal orders. 

Polk County Sheriff Bill McCarthy stands for a portrait at the Polk County Jail on Thursday, Nov. 30, 2017.

Numerous complaints were made against Charleston — who oversaw the schedule for deputies moving inmates to and from the courthouse — including allegations that he showed favoritism for four or five male colleagues, allowing them to play cards and wash cars while others worked, Marasco said.

A call to Charleston's attorney Tuesday was not immediately returned. It is unclear if Charleston plans to appeal the district court's decision. 

A post dated Tuesday afternoon on Charleston's public Facebook page said, "Political corruption, slander, confidential records leaked to the media, one sided investigations, failure to investigate, criminal conduct and staged F.O.I.A requests are alive and well in Polk County." The post concludes, "You can’t make this up...justice is coming."

Charleston had a contentious history with the sheriff's department.

In 2004, he was fired following accusations of troubling interactions with women, but reinstated by the Civil Service Commission.

He received a two-day suspension in 2012 after a man died of heart failure alongside a road in Altoona.

Most recently, he was under internal investigation for Facebook posts about Islam, including one post that called the religion an "evil ideology."

Charleston once filed a lawsuit against McCarthy claiming he faced discrimination and retaliation at work after unsuccessfully running against him.