A former Town of Elon police sergeant is suing the town, Board of Aldermen, mayor, town manager and nine other current and former town officials for race and sex discrimination.

Patricia Smith, who is of Lumbee Indian origin and currently a patrol officer with the Gibsonville department, filed the suit in the U.S. Middle District Court in Greensboro Nov. 18. She said the town held her to higher standards than other employees in justifying her termination and did not seriously consider her for promotions.

"These are not new issues," said Bob Wishart, attorney for the Town of Elon. "It's just a different forum they have to be addressed in."

Wishart is referring to the appeals Smith made to the Employment Security Commission and Equal Employment Opportunity Commission contesting her termination. Wishart said in both instances it was determined Elon officials acted within the law.

Smith, who was demoted to corporal June 20, 2001 and discharged Jan. 18, 2002 after 15 years on the force, contends that her superiors engaged in retaliatory practices of discipline and that in reference to several of the incidents used to justify her termination, town officials told her she did nothing wrong. "We don't feel that the suit has any bearing and we will defend [against] it vigorously," said Town Manager Mike Dula.

Among the damages Smith is seeking in the suit are restoration of her position and rank, restoration of back pay and 401K and $25 million in compensatory and punitive damages for the violation of her constitutional and civil rights. Smith is also seeking the repair of her professional reputation. On the separation form filed by the Elon Police Department it was cited that the town would not recommend Smith for employment elsewhere as a criminal justice officer.

As of Monday, none of the defendants were served in the suit, Wishart said. A service of process is when a defendant is formally brought into a lawsuit. Defendants listed in the case include Chuck Gantos, director of Campus Safety and Police and former mayor pro tem of Elon; Dan Ingle, former chief of Elon Police and three other members of the police force.

In the lawsuit, Smith stated that all the defendants were responsible for affirming and delivering disciplinary action and therefore responsible for failing to correct any inappropriate actions.

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