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HomeMy WebLinkAboutCIV 1991-03-06 Minutes ~ MINUTES FOR T8E APPEAL HEARING OF T8E CIVIL SERVICE CONII~iISSION MARCA 6, 1991 AT 7:00 P.M. IN THE NORTH RICHLAND HILLS CITY HALL 7301 N.E. LOOP 820 1. CALL TO ORDER Chairman George Pederson called the meeting to order at 7: 00 p.m. , March 6, 1991. 2. ROLL CALL Members Present: George Pederson, Chairman Jeff Newsom, Commissioner Bernie Roux, Commissioner Garry Cope, Commissioner Bob Roark, Commissioner Others Present: Ron McKinney, Civil Service Secretary Rex McEntire, City Attorney Roy G. Woolbright, Appellant Jim Lane, Attorney for Appellant Jerry McGlasson, Chief of Police Randy Shiflet, Police Captain M. Lee Pitts, Police Sergeant Ronnie D. White, Police Sergeant Bob R. Curtis, Police Officer Thomas Goodman, Police Officer Timothy N. Lindwall, Police Officer Michael Chenault Linda Cast, Personnel Technician 3. APPROVAL OF' MINUTES Chairman George Pederson moved, FOR APPEAL HEARINQ seconded by Commissioner Garry Cope, CS 90-01 to approve the minutes of Civil Service Appeal Hearing CS 90-01, September 19, 1991. Motion carried unanimously. 4. APPROVAL OF MINUTES Commissioner Jeff Newsom moved, FOR DECEMBER, 12, 1990 seconded by Chairman Pederson, to SPECIAL MBETING approve the minutes of the December 12, 1991 Civil Service Special Meeting. Motion carried unanimously. 5. APPEAL HEARING CS 91-O1 Witnesses were sworn in. City Attorney Rex McEntire chose to invoke the Rule. Mr. McEntire gave his opening 1 statement, explaining that Mr. Woolbright was given indefinite suspension as a result of an affray that occurred between him and Sgt. Mike Chenault on December 15, 1990. Records show that a fist fight took place in the police station. The City position is that Mr. Woolbright was the aggressor. In addition, he bragged about the confrontation, and threatened to kill the sergeant. The City's position is that this is one of the worst disciplinary firings. Mr. Woolbright is in no position to work for the City as a result. Mr. Jim Lane, attorney for the appellant, gave his opening statement. He stated the issue is not if this is the worst thing to have happened in the history of the city. This issue is if Mr. Woolbright's actions on that one day were enough to sustain his indefinite suspension. The City called Mr. Chenault as the first witness. Mr. Chenault stated he was 43 years old, and was an employee for 18 years and 7 months prior to his resignation. His rank on December 15, 1990 was Patrol Sergeant. He was on day shift, and Ofc. Woolbright was under his command. He explained that on 12- 15-90 he observed Ofc. Woolbright engaged in a t=affic stop on private property, standing beside his unit with a Richland Hills police officer. Over the radio, he asked Ofc. Woolbright to turn off his overhead lights. He then asked Ofc. Woolbright to meet him in the Winn Dixie parking lot so he could explain his reasoning for turning off the lights. Ofc. Woolbright stated he didn't know why he was told to turn off the lights, and told Sgt. Chenault that it was embarrassing to be told in front of 2 a citizen. Sgt. Chenault said he then apologized, and explained his reasons for wanting the lights turned off. Ofc. Woolbright asked twice why he (Sgt. Chenault) was picking on him. Sgt. Chenault advised he was tired of his insubordination. When Ofc. Woolbright started yelling, Sgt. Chenault told him to meet him at the station. Sgt. Chenault advised he felt there would be a verbal confrontation, and tried to contact Captain Mike Womack. When unable to do so, he decided to handle it alone. Upon arrival he directed Ofc. Woolbright to the Sergeant's Office. Ofc. Woolbright hesitated, Sgt. Chenault repeated his command, and Ofc. Woolbright responded with a sarcastic "yes sir" and a curt salute. Sgt. Chenault went in the office first, and when he turned around, the officer was between him and the door. Ofc. Woolbright's shoulders were hunched up, and he was in an agg=essive stance, stating he was tired of Sgt. Chenault messing with him. Sgt. Chenault reached around Ofc. Woolbright to shut the door for privacy. He does not feel he touched Ofc. Woolbright. Ofc. Woolbright then shoved Sgt. Chenault to the other side of the room, where he landed in a corner in a prone position over a chair. Ofc. Woolbright had made steps towards him with fists doubled, and Sgt. Chenault struck him. Blows were exchanged. Ofc. Woolbright grabbed Sgt. Chenault by the hair and repeatedly hit Sgt. Chenault. Sgt. Chenault said, "Roy, you beat me". Ofc. Woolbright stated, "You're not going to ( blank ) with me no more" . He subsequently left the room, as far as Sgt. Chenault knew to go to the dispatch office. 3 Sgt. Chenault went to the bathroom to clean up, then went back into the patrol room. Ofc. Woolbright was at the podium, on the phone. When Ofc. Woolbright hung up the phone, Sgt. Chenault advised him that if the stitches in his mouth from recent dental surgery were damaged, he (Ofc. Woolbright) would be responsible. Ofc. Woolbright screamed loudly that if he said another word, he would kill him. He did not retract the statement, and repeated it at least twice. No other employees were in the room at this time. Within minutes, Sgt. Chenault heard Ofc. Woolbright telling someone that he had "beat his ass". Upon questioning, Sgt. Chenault advised that both he and Ofc. Woolbright were placed on administrative leave by Captains Randy Shiflet and Richard Kitchen. He was aware that an investigation was conducted. On January 17, he was given an opportunity to resign or be indefinitely suspended. He chose to resign. Mr. Lane cross-examined Mr. Chenault. He verified his length of employment with the City, and the positions he had held. He verified they included acting chief, captain, and sergeant. The acting chief position was temporary, and he voluntarily demoted himself to sergeant from captain because of the pressures and responsibilities. He also verified that he had numerous hours of training in supervision. Mr. Chenault further verified that he did have an opportunity to review the findings of the investigation. He felt the situation was embarrassing to him and the department, but did not think it warranted the choice of resignation or indefinite suspension. 4 Mr. Lane then introduced the order to perform an internal affairs investigation, the summary of findings, and a 2nd summary of findings (in different form). These were marked Exhibits 1, 2 and 3. Mr. Chenault was given the opportunity to review the exhibits, as were the Commissioners. Mr. Lane asked if Mr. Chenault would consider the captains competent to perform the investigation. He didn't know. He felt that any allegations against him would not be founded. Mr. Lane asked if he was aware of the captains' findings that sustained the specification that Mr. Chenault was incompetent and unable to perform the duties, to which he replied yes. He further asked if he took issue with these findings, and Mr. Chenault replied yes, he talked to Captain Shiflet. Mr. Lane verified that the General Orders book is the police department guideline of orders for officers to follow. He made reference to G.O. #307.00 C, stopping a violator, which states that the violator is to be stopped by using the lights . Mr. Chenault verified he may not have advised Ofc. Woolbright of the procedure of turning off lights on private property. Mr. Lane asked if Mr. Chenault wanted Ofc. Woolbright on his shift. Mr. Chenault advised he had told Ofc. Woolbright he did not want him on his shift. He explained again to Mr. Lane what happened in the police department. He verified that he did have a phone in the office, and a hand-held radio. Upon questioning, he stated he has pointed his finger at people, but not in anyone's face. He has hollered before, but that is not something that happens all the 5 time. He felt he had no reason to believe it would come to a fight. On re-direct by Mr. McEntire, Mr. Chenault confirmed that in his opinion the G.O. refers to making the stop, not after the stop is made. He was trying to teach Ofc. Woolbright about the procedure. Mr. McEntire asked about the salute in the station, and verified it was curt and disrespectful. Mr. Lane asked if a curt salute would be a firing offense, in his opinion. Mr. Chenault replied no, maybe a written or oral reprimand. Mr. McEntire then called Chief Jerry McGlasson. He stated he has held the position almost 9 years. He stated he treated both officers the same in offering each the opportunity to resign, or to face indefinite suspension. Mr. McEntire presented Exhibit 4, a copy of the charges and specifications, to the Commission. Chief McGlasson explained on the day of the incident, he was on his way to a meeting out of town, and was contacted by cellular telephone and advised of the situation. He instructed Captain Shiflet to place both on administrative leave, remove their badges and weapons, and, with Captain Kitchen, begin an investigation. When he returned to town, he provided the written instructions. The Chief verified he received a statement from Ofc. Woolbright as part of the investigation. Exhibits 5 and 6 were presented, which were Ofc. Woolbright's statements to the Internal Affairs. Chief McGlasson stated that upon receipt of the report from the 6 captains, he read everything for the first time. He discussed jointly with all four captains their perception of the incident, and then made his decision. The biggest struggle in the decision was whether to terminate Mr. Chenault or reduce him to patrol officer. There was no doubt about Ofc. Woolbright. He stated his feelings were that striking an officer was an ultimate act of anarchy, perhaps exceeded by the superior officer striking an insubordinate officer. Chief McGlasson further stated that Ofc. Woolbright's statement that he would kill Sgt. Chenault was a major consideration in his decision to terminate Ofc. Woolbright. In discussion, he explained the concept of negligent retention, and that the city and the Chief individually could be liable for Ofc. Woolbright's future actions should he remain on the force. Mr. Lane asked if both of the men were reviewed in the same light, to which the response was yes. Mr. Lane stressed the investigators use of the term incompetent in describing Sgt. Chenault, and that Ofc. Woolbright was a subordinate of an incompetent. Mr. lane questioned if the decision to terminate Ofc. Woolbright was based partly on bad language, and if bad language was a f iring of fense . The Chief said the use of profanity in itself was not necessarily a firing offense. It was part of all the charges, as were the investigation of insubordination, unnecessary use of violence, commission of acts unbecoming an officer, and disrespect. In citing the Chief's concern for future liability, Mr. Lane mentioned Ofc. Ed Lynn, who was accused of 7 criminal negligent homicide, and is still an officer. The Chief pointed out it was negligent, not intentional. Mr. Lane further mentioned Ofc. Andy Wallace, saying he had falsified information on an arrest report. Upon questioning, Chief McGlasson explained he felt Ofc. Wallace was salvageable. Mr. McEntire asked if Chief McGlasson had ever heard of another officer threatening to kill an officer, or of a younger officer beating an older officer with a heart condition and then bragging about it. The Chief replied no, not to his knowledge. Mr. McEntire called Officer Thomas Goodman to the stand. Ofc. Goodman has been with the department 3 1/2 years. Ofc. Goodman stated he was at the station the morning of December 15, 1991, but not on duty. He stated he heard loud shouting and banging noises before he saw either Sgt. Chenault or Ofc. Woolbright. Afterwards, in the dispatch office, he saw Ofc. Woolbright as he came in to request that dispatch call an ambulance for Sgt. Chenault, who was bleeding. Ofc. Goodman stated that as Ofc. Woolbright walked out he said "I kicked his ass". Ofc. Goodman assumed Ofc. Woolbright then went to the restroom to clean up. Ofc. Woolbright came into dispatch again and asked for Captain Shiflet to be called. Sgt. Chenault called and requested Captain Womack be contacted. Ofc. Goodman heard shouting again from the direction of where the fight had been, and left dispatch to check on it. He heard Ofc. Woolbright saying "Don't come near me or I'll kill you". He heard it 8 said once, and no retractions. Mr. Lane cross-examined Ofc. Goodman. He verified he had been with the department 3 1/2 years, and had only worked with Ofc. Woolbright for a short period when they were both on midnight shift. He verified he heard yelling and loud noises coming from Sgt. Chenault's office in the past. He stated that on the incident of 12-15-90, he could hear 2 people but could not distinguish what was being said. Mr. McEntire introduced Exhibit 7 to the Commission, which was Ofc. Goodman's Internal Affairs statement. Mr. Lane referred to the threatening statement, and asked if anything was said after that. Ofc. Goodman stated he did not hear anything else. Mr. McEntire verified a couple of minutes passed between the yelling, cleaning up, and the threat to kill Sgt. Chenault. Commissioner Cope asked how much time elapsed between the first and second time he heard the yelling. Ofc. Goodman stated it was a matter of minutes. Chairman Pederson asked the location of dispatch in relation to the sergeant's office. Ofc. Goodman stated the back wall of the sergeant's office backs up to the hallway outside of dispatch. Mr. Lane asked how Ofc. Goodman knew Ofc. Woolbright and Sgt. Chenault were in the office. He stated he heard Sgt. Chenault order Ofc. Woolbright to the station over the radio. The initial confrontation lasted about a minute. When Ofc. Woolbright came into dispatch, he 9 was bleeding and looked like he'd been in a fight. Ofc. Woolbright was not boastful, but upset. Mr. McEntire called Capt. Shiflet. He stated that on 12-15-90, he was captain of administrative services, and was advised by Chief McGlasson to investigate the altercation. He verified he and Captain Kitchen wrote the summary of the investigation. Mr. Lane verified the procedure for an investigation. The Chief prepares specifications or violations, and the investigation would determine if they are sustained, not sustained, or unfounded. Capt. Shiflet explained a sustained finding verifies there is evidence to uphold the charge; not sustained means there is not enough evidence to prove or disprove the charge; and unfounded means there is no evidence that the charge took place. Mr. Lane verified that Capt. Shiflet and Capt. Kitchen investigated the list of specifications, then presented the summary to the Chief. He further verified that the charge that Sgt. Chenault was found to be incompetent was sustained. That specification was not sustained for Ofc. Woolbright. Mr. Lane asked if Capt. Shiflet had received any communication from Ofc. Woolbright expressing concern in dealing with Sgt. Chenault, prior to 12-15-90. Capt. Shiflet replied yes, on two occasions when the patrol captain had not been available. One was a disagreement over the legality of some tickets being issued. This seemed minor and was referred to Capt. Womack when he was available. The second situation involved an 10 arrest by Ofc. Woolbright that Sgt. Chenault released as not being necessary. Capt. Shiflet advised Ofc. Woolbright that if he felt he was badgered, he should instruct his other shift sergeant, or the patrol captain. Mr. Lane asked if Capt. Shiflet was concerned that he was genuinely being badgered. Capt. Shiflet said no, but he perceived Ofc. Woolbright to believe he was being badgered. Mr. Lane called Ofc. Timothy Lindwall. He stated he had been an officer with NRHPD almost 4 years, and had almost 8 years total experience. He stated he had worked with Ofc. Woolbright as a Field Training Of f icer ( FTO and a f ellow officer on the streets. He believes Ofc. Woolbright to be fully competent. Ofc. Lindwall verified that he has worked with Sgt. Chenault, when he was too new to the department to bid for shifts. As he gained seniority, he bid to work on shifts Sgt. Chenault was not on. Ofc. Lindwall felt Sgt. Chenault endangered his safety, and that of other officers. Ofc. Lindwall verified that by reputation, Sgt. Chenault was prone to potential violence. He stated he agreed with Capt. Shiflet's assessment in his report that Sgt. Chenault was incompetent. He further stated that he would be extremely comfortable with the decision if the Commission chose to reinstate Ofc. Woolbright. Mr. McEntire asked if Ofc. Lindwall, as an FTO, was aware that it was questionable if Ofc. Woolbright would make it through his training period. Ofc. Lindwall said that there had been some discussion about it among the FTO's. When asked if 11 he was aware of Sgt. Chenault's intervention on behalf of Ofc. Woolbright, Ofc. Lindwall said no. Mr. Lane called Ofc. Bob Curtis. He stated he is a crime scene ofticer, and this is his lOth year with the department. He has 4 years prior police experience. Ofc. Curtis related two incidents which reflected Sgt. Chenault's temper, one of which resulted in Ofc. Curtis' indefinite suspension. At the time, Ofc. Curtis had been with the department 4 months. When Ofc. Curtis advised Sgt. Chenault he was going to seek measures to be reinstated, a verbal confrontation was the result. He related Capt. Shiflet had to intervene before the situation escalated. Ofc. Curtis stated he has no problem with Ofc. Woolbright' s competency as an officer, and would have no problem working with him again. Mr. McEntire asked if Sgt. Chenault apologized for his actions. Ofc. Curtis verified he did. Mr. Lane called Sgt. Ron White. He stated he has 6 1/2 years with NRHPD, and 13 1/2 years prior experience. He has been a sergeant 3 years, assigned to Patrol. Sgt. White stated he worked with Of c. Woolbright as an FTO for appraximately 5 weeks, and that he was later assigned to his shift for about 4-6 months. He stated Ofc. Woolbright was, in his opinion, above average in his performance. Sgt. White stated he had not worked with Sgt. Chenault on the same shift . When asked about the incident of 12- 15-90, Sgt. Woolbright related that 12 Ofc. Woolbright called him at home and, with g=eat urgency, stated he needed Sgt. White at the Police Department, that he had a problem with Sgt. Chenault. Sgt. White arrived at the station after the incident to find Ofc. Woolbright with contusions, breathing heavy, and blood on the floor. Ofc. Woolbright was upset, in control of himself, but did not boast. Sgt. White stated he felt Ofc. Woolbright to be above average in competency, and had not problems if Ofc. Woolbright were to work for him. He also stated Ofc. Woolbright is not known for profanity, and is capable of caring for himself. Mr. McEntire asked about problems in the field training phase. Sgt. White said he was referring to things he was aware of through other officers and their daily reports. He stated that Ofc. Billy Privett stated Ofc. Woolbright had a reaction to constructive criticism, yet Ofc. Privett rated him 4 on a scale of 1-7. Sgt. White confirmed he and Ofc. Woolbright are good friends, but don't see each other frequently on a social basis. Mr. McEntire asked if Sgt. White had ever heard of a patrolman telling a sergeant he was going to kill him. 5gt. White said he didn't recall hearing a serious threat from one officer to another, but that people let off steam. Mr. Lane called Sgt. Lee Pitts. He stated he has been with the police department 8 lj2 years, 3 as a sergeant. He is currently on active duty in Ft. Hood with the Army. Sgt. Pitts stated he worked with Sgt. Chenault during the full 8 1/2 13 years. He further related an incident he witnessed between Sgt. Chenault and Ofc. Mike Hamlin, at Ofc. Hamlin's request. Sgt. Chenault had called Ofc . Hamlin into the sergeant's office, and Ofc. Hamlin feared Sgt. Chenault could lose control. During the heated exchange, Sgt. Chenault pounded the desk, and pointed his finger at Ofc. Hamlin. Sgt. Pitts intervened, feeling both had lost control. In a written statement, Sgt. Pitts stated 5gt. Chenault later apologized, stating "these things happen". Sgt. Pitts stated that he would have no problems working with Ofc. Woolbright if he should be reinstated. Sgt. Pitts verified to Mr. McEntire that Sgt. Chenault apologized for the incident. He also stated he had no first hand knowledge of the December 15th incident. When asked if he had ever heard of a patrolman shoving a sergeant down, or threatening to kill a sergeant, Sgt. Pitts said no. Mr. Lane called Roy Woolbright. Mr. Woolbright stated he is 32 years old, and gave a brief history of his background. Mr. Lane asked about Ofc. Woolbright's relationship with Sgt. Chenault. He stated they had a bad relationship, but didn't know why or how it started. He stated he does question things, but he does it to learn. When he questioned Sgt. Chenault, the sergeant's response was that Ofc. Woolbright was hard headed and stubborn. Ofc. Woolbright related the incident on 12-15-90. He stated that Sgt. Chenault' s command over the radio to turn off his lights was heard by the citizen he had stopped, and also 14 Officer Eaves, of Richland Hills Police Department, who was standing nearby. After the stop, Sgt. Chenault met with him in the Winn Dixie parking lot, and advised he didn't like officers leaving their overhead lights on during a traffic stop, and gave his reasons. Ofc. Woolbright stated he told the sergeant that it would "be stupid for me to walk back to my vehicle". Sgt. Chenault interrupted that Ofc. Woolbright was calling him stupid. He further said he was tired of Ofc. Woolbright being insubordinate, and to go to the sergeant's office. Ofc. Woolbright reached the station first, and called Sgt. White. Ofc. Woolbright was scared, and concerned, wanting a witness. Before Sgt. White got there, Sgt. Chenault ordered him to his affice repeating it a second time. Ofc. Woolbright said "yes sir" and went in. As soon as they got in the office, Sgt. Chenault put his finger in front of Ofc. Woolbright's face and said, "I'm tired of you being insubordinate with me, we're going to finish this issue once and for all" . Ofc . Woolbright said he asked Sgt. Chenault to get his finger out of his face, and get out of his space. Sgt. Chenault would not do so. Sgt. Chenault bumped chest to chest with Ofc. Woolbright, who then pushed him with both hands to get him out of his space. Ofc. Woolbright does not remember seeing Sgt. Chenault come at him. Ofc. Woolbright was struck in the nose and eye, then in the eye again. Ofc. Woolbright responded in defense and fought back. They ended up in the chair. Ofc. Woolbright struck a couple of times, and asked if he'd had enough. Sgt. Chenault kneed him toward the groin area, so Ofc. Woolbright hit him again a couple of times. At that time Sgt. Chenault said he~d had enough. 15 Ofc. Woolbright stepped to the door and asked by radio for Squad 3 to be sent to the sergeant's office. He then went to dispatch for a captain to be contacted. The dispatcher asked if he was alright. He said he was, Sgt. Chenault was not. As he left dispatch, he said "I kicked his ass". He stated he was not proud of himself, he was scared. From dispatch Ofc. Woolbright went to the restroom. He went from there to the briefing room, to use the phone on the podium. He hung up the phone as Sgt. Chenault walked in the room, and the sergeant was shouting something about Ofc. Woolbright being responsible if there was any damage from recent gum surgery. Sgt. Chenault went on to say that he hoped Ofc. Woolbright was proud for kicking his ass. Ofc. Woolbright said he'd kick it again if he came any closer. He came closer, and Ofc. Woolbright stated, "stop or I'll kill you". Sgt. Chenault said "you'll kill me?". Ofc. Woolbright retracted it, saying, "no, I'll hurt you , meaning if he kept coming. Ofc'. Woolbright stated he never touched his service weapon. About that time, Sgt . White came in, and the paramedics arrived to check on them. Mr. Lane asked why Ofc. Woolbright chose not to resign, and to tell his story to the commissioners. Mr. Woolbright stated he waited and struggled for this position, and didn't want to give it up. He apologized for not walking out of the open door. At the time he was concerned about getting written up for insubordination. Mr. Woolbright told the commission he would like to return to work for the City, that he would have no problems working for the Chief, or any of the captains. He feels he's learned from the situation. 16 Mr. Lane presented commendations and certificates for the commission ta look over. Mr. McEntire asked if Ofc. Woolbright was impressed with the overall professional nature of the department. He said yes. In further questioning, Ofc. Woolbright verified he was not praud of his mocking actions. In regards to the podium incident and threat, Ofc. Woolbright confirmed he was not afraid of Sgt. Chenault at that point. The threat was a childish statement. Mr. McEntire and Mr. Lane each presented their closing statements. Due to the lateness of the hour, Chairman Pederson adjourned the hearing at 12:35 a.m., to reconvene the following evening, March 7, 1991, at ?:00 for deliberation. The meeting reconvened March 7, 1991. Chairman Pederson stated for the record that the appeal hearing had originally been posted for February 20, but was postponed until March 6 at the request of Mr. Woolbright's attorney. The Commission then recessed for deliberation. Upon reconvening, Commissioner Jeff Newsom made the statement that the Commission was unable ta find grounds to overturn the action of the Chief of Police, and made the motion that the indefinite suspension of Roy Woolbright be upheld. Commissioner Cope seconded the motion. Those in favor were Chairman Pederson, Commissioners Newsom, Cope, and Roark. Commissioner Roux voted against the motion. Motion carried. 4. ADJOURNMENT Chairman Pederson adjaurned the meeting. 17 ~ ~ , Vice-Chairman Chai a eorge Pederson ? Civil Service Secretar on McKinney 18