HomeMy WebLinkAboutCIV 1976-01-07 Minutes MINUTES OF THE APPEAL HEARING
FOR
.TAMES LARRY TRAWEEK
CS-76-1
January 7, 1976
CALL TO ORDER: The Civ31 Service Commission of the City of North Richland
Hills met January 7, 1976 at approximately 7:30 p.m.,
in the City Hall Council Chambers, 4101 Morgan Circle.
ROLL CALL: COMMISSION MEMBERS PRESENT:
John Green, Chairman
W. C. Moore, Vice Chairman
Denver Mills
OTHERS PRESENT:
H. S. Scruggs, Chief of Police
J. Larry Traweek, Appellant
Helen Cline, Deputy Secretary
Jim Claunch, Counsel for Appellant
408 Sinclair Building
Fort Worth, Texas 7b102
Dan Frazier, Fort Worth Star Telegram, Northeast Bureau
APPROVAL OF MINUTES: Minutes of the previous meeting dated December 9, 1975
were approved by a motion by Denver Mills, seconded by Mr.
Green. Mr. Moore abstained from voting due to having been
absent at that particular meeting. The motion carried
2 "for" and 0 "against".
AGENDA Item l. The letter addressed to the City Manager on the subject
of Suspension Without Pay in Disciplinary Cases was
finalized and approved. Mr. Moore made the motion that the
letter be signed and forwarded to the City Manager.
Mr. Mills seconded the motion; the motion carried
unanimously.
AGENDA Item 2. The cost of printing the new employment application was
discussed. Mr. Moore made the following motion: that
we order 1,000 copies of the application and 500 copies
of the supplement (to the application) printed front and
back. Mr. Mills seconded the motion; the motion carried
unanimously.
CASE No. CS-76-1 Case No. CS-76-1, appeal by J. Larry Traweek, was called.
A11 the parties to the case and the witnesses were shown
Exh3.bits 1& 2 to be present in the hearing room. Chairman Green read
into the record (1) Chief Scruggs' letter of December 22,
1975 to Larry Traweek (attached as Exhibit 1) and (2)
Traweek's appeal dated December 29th, attached as Exhibit 2.
~ All the witnesses were sworn in by Chairman Green of the
Civil Service Commission.
Minutes
CS-76-1
Page 2
WITNESSES: Hamp Scruggs, Chief of Police, City of North Richland Hills
Larry Traweek, Appellant, 6801 Glenview Dr., N. Richland
Hills
Howard Westmoreland, Route l, Gustine, Texas
Cindy Traweek, 5225 Jerri Lane, Fort Worth, Texas 76117
lst Witness Larry Traweek, appellant, was questioned by counsel,
Jim Claunch. Traweek testified that Officer Westmoreland
had stopped him in his private automobile while he and
his wife Cindy were going home in the early morning hours.
Traweek admitted he was angry and that he used threatening
words against Westmoreland. Counsel said their quarrel
with the Police Department was pertaining to the demotion
of Traweek; the measure of punishment used for this
disciplinary case.
The Personnel File of Larry Traweek was introduced as
evidence.
2nd Witness Cindy Traweek, wife of the appellant, testified that only
she, Larry and Officer Westmoreland were present during
the confrontation in the street. It was noted that she
and Larry had been experiencing marital problems and that
a reconciliation had been accomplished.
3rd Witness Hamp Scruggs, Chief of Police, presented his case, having
no counsel to represent him. The Chief stated that he had
counseled with Traweek after this incident and had offered
him a trial board within the Police Department. Traweek
declined the trial board and agreed to accept his punish-
ment. Lieutenant Williams recommended the demotion with
which the Chief concurred. His basis was the violation of
Articles 1.01 and 1.03 of the General Duty Manual for
the Police Department.
Jim Claunch, counsel, asked Chief Scruggs to pull all the
letters of commendation and all letters of reprimand from
the personnel file of Larry Traweek. There were 7 letters
of commendation and 5 letters of reprimand.
4th Witness Howard Westmoreland, witness for the Police Department,
testified the facts of the case basically the same as had
already been presented by the appellant. He also said that
his reason for stopping the Traweek automobile was because
he had failed to make a stop at the stop sign and was
driving fast. Westmoreland testified that Traweek did
curse and threaten him verbally, but did not touch or hit
him in any manner.
Minutes
CS-76-1
Page 3
EXHIBITS 3& 4 At the completion of all the witnesses' testimony,
Chairman Green read the written statements of both Traweek
and Westmoreland into the record, which are attached as
Exhibits 3 and 4 respectively. Although Westmoreland's
statement was unsigned, he attested to it in his sworn
testimony. There were no objections to either of the
two statements being entered as a part of the case record.
SUMMARIES: Chief Hamp Scruggs summarized by saying that any officer,
having the background that Traweek had, should be conducting
himself better than he did on this occasion. He further
stated that by Traweek's own admission he was wrong in
his behavior.
Counsel for the appellant summarized by agreeing (with the
opponent) on the facts of the case but; explained that the
punishment far exceeds this isolated event. He said there
were a number of options left to the Chief in this action.
WITNESS RECALLED: Officer Westmoreland was recalled to answer one last
question for the Civil Service Commission. When asked what
was his motivation when he left Traweek in the street,
he answered that it was to avoid further confrontation.
(Witness was dismissed)
~
DELIBERATIONS: The hearing was closed for informal deliberations at
about 9:10 p.m. Deliberations continued on a formal basis
at 9:40 p.m.
MOTION: Chairman Green asked for a motion. Mr. Moore made the
motion as follows: "that the demotion of Sergeant Traweek
to patrolman, in the letter from Chief Scruggs to Mr.
Traweek, dated December 22, 1975, be sustained."
Mr. Mills seconded the motion; discussion continued.
Mr. Mills explained that he disagreed with the penalty
that should be attached to this incident. Voting was cast:
Mr. Moore and Mr. Green voted "for"; Mr. Mills voted
"against". The motion carried by a vote of 2- 1.
Cha~rman Green announced the decision and instructed
the appellant that he is entitled to appeal within thirty
(30).days to the.District Court.
ADJOURNMENT: Mr. Mills made the motion that the meeting be ad~ourned;
Mr. Moore seconded. By a vote of 3- 0 the meeting was
dismissed at 10:00 p.m.
AGENDA FOR
January 27th 1. Texas Municipal League presentation on retirement -
by Mr. Mormon
a---~- •
. , o e, ce an
' elen Cline, Deputy Secretary