A Morton County sheriff's deputy who had filed a lawsuit against the county, and against his boss, Sheriff Bob Erhardt, for taking away his canine handler duties and the dog, Rocca, got both back this week.

"Cody Steele has resumed his canine duties in full," said Deputy Cody Steele's attorney, Michael Geiermann, Friday. "We're very pleased with the setttlement."

Geiermann said the matter was settled during a meeting last Monday attended by himself, Steele, Erhardt and attorney Gary Thune, who provides legal representation for the county's insurance fund.

There wasn't a monetary settlement, Geiermann said. The $50,000 in lost wages asked for in the lawsuit was for "anticipated" lost wages from having his pay reduced after his canine duties were taken away. That's no longer an issue now that Steele has those duties back, Geiermann said.

Morton County Auditor Paul Trauger said Thursday that he was directed in a March 3 letter from the sheriff to resume Steele's canine-handling pay, which is an additional $100 a month.

Erhardt declined comment. Steele couldn't be reached for comment.

The lawsuit, filed in U.S. District Court, states that when Steele returned to work in December - after a 12-week leave to help care for his new baby - he informed the department he was moving to Bismarck. Two weeks later, Erhardt disbanded the K-9 unit on grounds that no county owned property was permitted to be kept outside of the county - including Rocca and Steele's patrol vehicle.

But according to the lawsuit, the county has no such policy and Steele claimed that Erhardt later said the "real reason" he took the action was that Rocca wasn't being used.

Steele's lawsuit contended that his paid leave was taken under the Family and Medical Leave Act and was OK'd by the county's human resources department.

Morton County in the past paid $4,000 to get Steele and Rocca, a Belgian Malinois from Holland, trained for drug duties. The pair then worked together about 11/2 years, recovering thousands of dollars in drugs, Geiermann said in a previous interview.

Morton County Commissioner Bob Christensen said he has heard nothing but good things about Cody's job performance. "I have never heard anything negative."

Thune said Saturday that his understanding is that the problems between Erhardt and Steele stemmed from a lack of communication regarding the time frame of Steele's leave, and the other issue is that there had been no advance notice given about Steele's move to Bismarck.

He said the understanding from the settlement meeting is that in the future "communications are going to be worked on by both parties. A good deal of the lack of communications is going to get corrected."

Christensen said he hadn't known about the settlement when called by the Tribune about it on Friday. Jim Boehm, chairman of the county commission, also hadn't heard, he told the Tribune.

"Before anything had been done, before Cody got the dog back, a special meeting or something should have been called," Christensen said. "In the lawsuit filed, it was not only filed against Bob Erhardt, it also was filed against Morton County."

"The citizens of Morton County have a right to know what's happening in their county government," Christensen said. "We're working for them and they have a right to know what's happening."

Boehm said it's his understanding from his last conversation with Erhardt, on Feb. 25 - four days before the settlement meeting - that regardless of what happened with Steele's status, Erhardt hoped to buy a second dog. Boehm said he's hoping that at Tuesday's commission meeting it will be explained why Erhardt thinks he needs another dog.

After Steele was relieved of his canine-handling duties, Morton County Sheriff's Deputy Jon Engelstad was given that position and was scheduled to be in Michigan for about 18 days of canine-handling training starting this Monday.

Thune said Saturday that Engelstad won't be going. "There will be no need."

Thune said he didn't have information on Erhardt's wanting a second dog.

It cost about $1,000 to buy Rocca, Trauger recalled. Christensen said there's also expense after the purchase.

Christensen said he asked Trauger to add an agenda item onto the commission's 10 a.m. Tuesday meeting regarding the need for a second dog and about the no-notification to the commission about the settlement.

(Reach reporter Virginia Grantier at 250-8254 or at vgrantier@ndonline.com.)