A Butler County sheriff’s deputy fired in December was reinstated last week following an arbitration ruling.

Deputy Jessica Simons, 28, of Center Township on Sept. 3 resumed her full-time post, which was temporarily filled in the interim.

Simons referred all comments to the Service Employees International Union.

SEIU attorney Mike Healey said a major problem with Simons’ firing was that it was done without prior warnings.

Healey said disciplinary action must be progressive in nature.

“That was a huge part of the case,” he said.

Sheriff Mike Slupe deferred commenting on the reinstatement.

“This is an internal personnel matter, and as such, I couldn’t comment on it,” Slupe said.

Attorney Tom King, Slupe’s solicitor, said the sheriff would not appeal the decision.

“The basis for an appeal is very narrow,” King said. “You have to abide by what they say.”

Simons does not receive any back pay under the ruling, effectively making her time off a suspension.

“The arbitrator found the sheriff had just cause, but he found the penalty was too harsh,” King said.

Slupe fired Simons on Dec. 21 for attending district court hearings representing Adams Township police while on duty as a deputy.

Simons, a part-time officer for the township, was accused of wearing her deputy’s uniform at those hearings and driving a sheriff’s vehicle to the district court office.

The SEIU subsequently filed a grievance, citing there was no just cause for the firing.

Al Smith, business agent for SEIU Local 668, said Simons was taking breaks from her county job while attending district court.

He said the situation wasn’t like a deputy wearing her uniform while selling items in a department store — Simons was engaged in law enforcement activities.

Smith said Slupe’s stance was Simons couldn’t go to hearings even on her breaks.

“We disagree,” Smith said.

During the arbitration process, Slupe unsuccessfully argued he has the right to hire and fire people at will under state law.

The SEIU cited stipulations in the deputies’ contract that require employees be fully apprised of violations that result in discipline.

Healey said there are situations that could warrant termination, but Simons’ case was not one of them.

He stressed Slupe was obligated to officially retain the right to hire and fire people at will.

“The sheriff never took the steps,” Healey said.

King said Slupe would be doing so before a new contract is negotiated. The current four-year pact expires at the end of 2014.

According to King, Slupe only needs to send a letter to the county commissioners and contract negotiators stating he is retaining his rights to hire and fire people at will.

King, who also serves as solicitor for the Pennsylvania Sheriffs’ Association, said many of Slupe’s counterparts across the state have done so.

“It’s not at all unusual,” King said.

He pointed out other county row officers also have that right.

Smith said even if Slupe would officially state he’s retaining the right to fire at will, that doesn’t mean employees can lose their jobs without just cause.

King said employees can be fired for performance issues — what’s prohibited is removing someone from a post for reasons such as race and creed.

“The sheriff does not intend to fire people randomly,” King said.