HomeMy WebLinkAboutJANUARY 10, 2005SPECTAL MEETZNG--3anuary 10, 2005
T. ROLL CALL~ I'NVOCATTON & PLEDGE
The City Council of the City of Port Arthur met in a Special Meeting on Monday, .lanuary
10, 2005 at 5:39 p.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Oscar G. Ortiz; Councilmembers Craig Hannah, Felix A.
Barker, Thomas .1. Henderson, Martin Flood, Ronnie Thompson, Deloris "Bobble" Prince
and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline
"Van" Green and City Attorney Mark T. Sokolow.
The invocation was given by Mayor Ortiz followed by the pledge to the flag.
t'TEM REQUZRt'NG t'NDZVt'DUAL ACT[ON
P.R. No. 12992 - A Resolution As Tt Pertains To An Investigation
As To The Incidents At The 400 Block Of Procter Street On Or
About December 4, 2004 And The Resulting Processing Thereof
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Thompson and seconded by Councilmember
Henderson that Proposed Resolution No. 12992 be adopted.
Police Chief .lohn Tyler appeared before the City Council and read the following
statement into the record:
To: Mayor and City Council Date: 01/10/05
From:
John Tyler, Chief of Police
Re:
Matters Originating December 4, 2005
Mayor and Council, ! have proposed this resolution asking you to employ
an outside impartial individual to look into the matter originating on
December 4, 2004 as to the behavior/conduct of police officers,
administrators, and other parties that may have been involved with this
issue. T believe the investigation should include the activities of December
4th, and all other activities up to the present. The investigation should
include:
1, any violations of law, city charter or ordinances; and,
2. any violations of department rules and regulations, etc.
! have asked for this investigation because ! believe it is important that all
facts are discovered and revealed to the Council and the community.
There appears to be a concentrated effort to un-justly discredit and
undermine the Mayor's Office and Police Department administrators. As
you know, the Texas Rangers were called in to investigate this matter
because the Association and CLEAT wanted an independent inquiry. After
a thorough inquiry the Texas Rangers reported that the accusations of
tampering with evidence, official oppression and/or retaliation against
anyone in the department are "unfounded". The Rangers' findings were
presented to the ~lefferson County District Attorney's Office who concurred
with the Rangers' findings. Choosing to ignore the Ranger's findings, a
CLEAT spokesman continues to allege misconduct on the part of
administrators, on one occasion stating that administrators treat
employees worse than pets. ! assure you they have no evidence to
support that statement.
We have committed from the beginning to do an internal investigation of
this matter. I cannot prejudge that investigation. I can tell you based on
what is known:
1. Contrary to reports, the Mayor did not contact any officer at the scene
and order or request they do anything.
2. The decision not to arrest anyone on the night in question was made
by the patrol officer in charge of the scene. His Sergeant, who was
also at the scene, supported that decision.
3. Evidence was released to the owner prematurely; however, that's a
policy concern, not a crime as determined by the Texas Rangers and
District Attorney's Office.
4. It had been reported by other officers to Police Department
Administrative Staff that an officer who initially responded to the call
did not agree with the decision not to arrest and was making
comments (in a public place) threatening to file tampering with
evidence charges against a police department administrator.
After these rumors continued to persist, it was determined that it was in
everyone's best interest that this matter be put to rest. Therefore, it was
decided that the officer would be called in and presented with the facts.
The alternative being, the administrator could have filed a formal
complaint against the officer.
The officer secretly recorded the meeting between he and the
administrators. All of you have been presented with an opportunity to
read a transcription of the telephone recordings and a transcription of the
meeting between the officer and administrators as transcribed by the
District Attorney's Office. [11 leave it up to you to judge what was
appropriate or inappropriate during that meeting under the circumstances.
Remember that this is a bargaining year for police officers and such
sensationalism and "sick" tactics are not new for the Port Arthur Police
Association and CLEAT. In 1999 they called City Councilmembers
criminals and filed criminal allegations with the District Attorney's Office.
As were these allegations, they were dismissed without merit.
Your attention is also invited to the published/printed writings of Ronald
G. Delord (CLEAT President) [taken from the CLEAT website and
previously published in American Police Beat (Police, Power & Politics)]
wherein he emphasizes,
"...Remember--the issue is power...If you have power, you
can get the other. If you do not have power, you will not
achieve your goals in regards to economic issues. Police
associations get caught up in arguing with the employer
about economic issues when the association really needs to
shift the balance of power more in favor of the association
and away from the employer...~f you want to win better
wages and working conditions, then the association must
create a messaqe that raises the public's opinion about their
personal safety." (emphasis added)
Mr. Delord further writes:
"Always go outside the experience of the employer. If your
annual temper tantrums before the council are not working
anymore, maybe you need to use tactics that go outside the
employer's experience. Make the confrontation "personal"...
When you confront the "city" or "city council," you allow
these weasels to hide behind the power of qovernment.
Take the fight to their neighborhoods, to their businesses,
and to their friends. Be creative...remember--it is not about
money, but the public's concern for safety.
city Council Special Meeting January 10, 2005 Page 2
Never go outside the experience of the members. Do not
call for a strike or slowoown...Push the members to do
things unorthodox or unconventional...
Ridicule is man's most powerful wea pon.
The threat is usually more terrifying than the thing
itself...Announce one tactic anQ follow through...Deliver
tactic number two, and so forth. Always, escalate the
confrontations, but only enough to get their attention.
Keep the pressure on. There ~s seldom a knockout blow,
and what works once for one association may not work for
you. The ability to sustain oressure on the employer while
keeping the internal pressure from breaking apart the unit of
the members is the key to victory." (emphasis added)
Chief Tyler concluded his presentation with the fo#owing statement:
I believe the strategy is clear and it clearly follows the strategy outlined by
CLEATS President for successful y wrestling power away from the
employer and elected officials. Scare tactics ane false information nave
run rampant. Therefore, it is my desire to have a thorough review of all
aspects of this incident available to the public as soon as possible.
I find it interested that the obvious strategy is to wrestle power away from
the City's elected officials and place it in the hands of the Port Arthur
Police Association and CLEAT.
I am attaching a copy of CLEAT publications, newspaper articles, and
related information for your review.
City Manager Fitzgibbons gave an overview of the ongoing negotiations for an
independent investigator and recommended Attorney Thomas Hannah for the position.
The City Manager commented that Mr. Hannah's qualifications include seven years as
the .lefferson County District Attorney and three years as the Executive Director of the
State Bar Association.
Councilmember Sinegal made the following statement:
I was hoping we had Mr. Hannah's agreement to try and do this. And I
want to make a statement. Chief, that as a City Councilmember this has
been one of the maybe the second, or maybe even the first toughest
situations that I've found myself in. Because I've made the statement that
I represent the citizens of Port Arthur, everybody that voted for me and I
take this thing very serious. And if it's perceived that someone's on one
side or the other, I assure you, everyone out there that on one side and
that's the side on what's right to do.
We are calling this an investigation. I do have a problem with that even
though that's what it is; it's an investigation. If it's an investigation into
the Police Department, all truths need to be told. I mean at the sacrifice
of whoever, including myself. And. if we're going to investigate, there
needs to be a strategy for correcting all wrongs. Because as T sit here,
there's four individuals, three to four maybe five individuals, verses maybe
117 or 120 other individuals.
We cannot survive as a city with the rank and file fighting, especially in
the Police Department, on the Council. z said yesterday I'm a Coach, if the
coaching staff is divided, it will show up in ways that no one else can
imagine. And I hope that we do more than investigate, but correct any--
perceive any factual findings that this person finds.
City Council Special Meeting .lanuary 10, 2005 Page 3
So Mr. City Manager, as i'm saying it when you ask Mr. Hannah, .ludge
Hannah, to think about taking this investigation. He needs to understand
that we also need some direction whether it's blame, or whatever. We
need some direction on how to fix this. Because the people are talking
about this and the perception is very ugly. And I don't know how many
people have commented about this.
T glad that the officers and the administration that's involved is asking also
for an investigation. T glad that the CLEAT officials are asking for an
investigation. One thing that T would ask for the City Manager to do, and !
don't know if the entire Council agrees with me on this. But T would ask
that a representative, the president of the police unit along with yourself
and sit down with the City Manager at a later date, when Mr. Hannah
agrees to come here and set out goals and objectives of what y'all want to
see come out of this investigation or fact finding mission.
And T know for a fact that we can not have officers in uniform that's
patrolling this city disagreeing with administration and that's hard. So 1[
think this is gonna--this is the first step in trying to heal this situation and
fine and if egos get in the way we need to throw them out. Gotta throw
the egos and everything else out. So, 1[ for one as a Councilmember
welcome this investigation. T just want the truth to be told and corrections
to be made.
Councilmember Prince read the following statement into the record:
We owe the citizens of Port Arthur the absolute truth about this issue.
Anything short of that will not be acceptable. The citizens of Port Arthur
have placed a great deal of confidence in their elected officials and the
Port Arthur Police Department. It is extremely important that we not
betray that trust. 1if we are reckless with this trust, then we bear the
burden of a vote of NO CONFIDENCE in our governing bodies. Tt is crucial
that the scale of justice weigh heavily on the side of what is right. Citizens
need to feel that the Police Department and its elected officials are
concentrating on keeping Port Arthur safe. As Councilmember Sinegal has
stated, if there are procedural changes that must be made, then it
becomes important that we not hesitated to do this.
I am particularly appreciative of the news media in the handling of this
case. I believe that all sides have been recognized for what they perceive
to be the truth. 1it is my prayer that this independent investigation will
give the citizens of Port Arthur what they absolutely deserve - and that is
the absolute truth. Only then will we feel comfortable in putting this issue
to rest.
Councilmember Barker made the following statement:
I concur with Councilmember Sinegal. I to would emphasize involving the
union; the PoJice Union, because T'm a union man myself. And, T don't
think anything will work unless the unions involved. 1it's their right to
have a union to be represented. And 1[ think their union representative
should be in on the whole thing and be brought abreast of what's going
on. So that they can take it back to the membership. So I would strongly
encourage to have a representative of the union heavily in on this
investigation and knowing what's going on. Thank you.
Councilmember Hannah made the following statement:
T just wanted to state that T believe the Chief implied it in the statement
that he read. But 1[ just wanted to be sure that everyone understands that
from the moment the Texas Rangers completed their investigation Chief
Tyler was of the opinion that our own investigation needed to take place.
City Council Special Meeting ]anuary 10, 2005 Page
This investigation isn't due to pressure from CLEAT, from City Council,
citizens, or no one. immediately following the Texas Rangers
investigation--the comoletion of their investigation Chief Tyler was of the
opinion that we needed to conduct our own to straighten out some other
issues and T just think that needed to be made clear.
Councilmember Henderson made the following statement:
it's my hope that both sides in this issue, if ~'ou want to call it sides and it
seems that there are two sides, will enter into this with one thought 'n
mind and that is to find out the truth. Simply the truth. Because if we go
into with a closed mind with a closed mind--if we've already made up n
our mind what the facts are then this is going to fail. It will not accomplish
what we're hoping it to accomplish.
So i think that we need to go into this with a totally open mind to find out
where the facts lie and what the facts are. And as it's been said before
arrive at some decision that will De acceptable to everyone and also will
restore the credibility of the Police Department and this Council. That is
my hope and my prayer.
Councilmember Thom~son made the following statement:
I'm not trying to paint a pretty picture one way or the other. But ! want to
tell you the picture I'm seeing. We've got a Police Department here in this
state that is phenomenal. Maybe you nave to move away from here to
understand that. These people oo a great job ano have been doing a
great job for a long time, and there's nothing that goes on n this world
without controversy. !f we could remember the picture, ney we have a
good force here; it's been here, it will continue to be here. That's the
picture we neeo to walk away with. These will take care of themselves.
But for heavens-sake lets--if it's not broke lets don't fix it. We got a good
force here. ! mean that's from the top to the bottom. I real y congratulate
you. Thank you.
At the request of Mayor Pro Tem Beard, the City Secretary read into the record his
following statement officially received by the City Secretary's Office by E-maih
To the Mayor and Council,
Gooc~ evening!
i will be unable to attend tonight's meeting due to my job commitments;
however, I would like to have my comments regarding tonight's meeting
entered for the record.
I am in total agreement with pursuing an independent investigation of the
events surrounding the PAPD/E._I. Lewis case. It is extremely ~mportant
that such an investigation be undertaken as soon as practicable to remove
from all parties the perception that there is a cover-up or a lacK of desire
to get all the facts.
it is vital that the faith and confidence of our citizens in the council and
police department be maintained, and strengthen as to being above
reproach.
To this end, it is my desire that such an investigation be through and in-
depth, and that any and all related persons or issues surrounding this
incident be explored, even tot he extent of examining phone records,
police dispatch communications, and such depositions as may be required.
City Council Special Meeting .lanuary 10, 2005 Page 5
We must maintain the faith and confidence of the citizens of Port Arthur,
assuring them that we will pursue this to its rightful conclusion. We must
also demonstrate a balanced, open mind in considering all the information
to be discovered drawing our conclusions based on sound facts and
concrete information.
Again, my sincere regrets, and my best to all in your deliberations.
Sincerely,
.]ohn Beard, .lr.
Mayor Pro Tem
The City Nanager made the following statement:
The resolution is stated to investigate the incident as to the
appropriateness of the behavior of City Officials, including Elected
Officials, City Administrators, Police Officers, other Police employees and
other parties that may have been involved in this issue. This investigation
should include the activities of December 4th, and any activities up the
present date by any and all parties that may involve any violations of law,
City Charter, City Ordinances, Police Department Rules and Regulations
including conduct prejudicial to good order.
[n my discussion with the gentleman that T was visiting with, the concept
would an independent investigation based on what we just read and it
would be this individual's job to come to whatever conclusions he would
find. Similar in concept, at least in our discussions, and ! think this is
what the Council was looking for, under state law you have to pay for an
audit. But here is the criteria and the auditor doesn't take direction from
you. You just kind of pay the bill and the auditor does what the auditor
needs to do under these guidelines to satisfy himself or herself that your
meeting all the requirements that are set out.
Then that would be the concept, at least that ! was visiting with, and a lot
more would have to be worked out. But it would be like if this person is
hired, this person would then report to the Council that the person may
have questions of the Chief, the person may have questions with Police
Officers, may have questions of me and may have questions of all the
Council Members. But that person would really kind of determine what
questions to ask and based on information received where to go next and
that person would report to the Council. So at least as we talked and tried
to develop a criteria, it would be that kind of a development.
Where a--! think Councilman Sinegal mentioned for me to sit down with
the association and this person. ! think once, let's say the Council reaches
agreement with this person and of course methodology terms of
engagement etc., would have to be worked out.
But at least as we discussed, it would be like here are the issues to look at
and you don't really report to anyone or ask anyone's permission on
where to go or how to go there. Talk to who you feel you need to talk to,
and if you need to give reports or feel you need to give reports it would
be to the Council. !t wouldn't be to the Chief, it wouldn't be to me,
wouldn't be to anyone but the Council and that could be worked out.
But that's the concept that we're going with and the two people T've
talked to, that appeared to be the concept, that they we're comfortable
with and that would appear to provide the most independence. Kind of
like the state says you have to have one and you have to pay for it. But
that person has the criteria and that person has to satisfy himself or
herself that everything is in order before they would render an opinion.
And it would be the same concept here.
City Council Special Meeting .lanuary ~.0, 2005 Page 6
So, if that person would need to interview people, or have an assistant or
investigator interview people, it would be their determination on WhO to
interview and what questions to ask. Based on what questions to ask
based on the based on the resolution T just reao if that's what the
Council approves. So that would be the concept and that's what ] visiting
with, with the gentleman that I'm talking to now.
Police Chief Tyler made the following additional statement:
! would just like to say, we'd be thoroughly open with whoever the
investigator is..lust like we were with the Texas Rangers. _lust like we
were with the DAs Office and we want everything out in the open.
Councilmember Flood made the following statement for the record:
Let me just say for the record. That in order regain the trust back to the
people, the people have already heard that there's a controversy that's
going on in the Police Department, and if any changes do not show up in
the Police Department, both sides cannot be telling the truth. Because if
both sides were telling the truth, there shouldn't De any controversy. So
the people is going to be looking for a change in this Police Department.
I know the Manager said that we couldn't get the person, who's gonna be
doing this investigation, any recommendations from him as to what we
need to do. But T'm sure it's gonna probably have to be something that is
done in order to regain the trust back into the public. So, T would hope
that during this investigation there will be some changes made. So, that
we can regain the trust of the public and the people behind us again.
The City Hanager made the following additional statement:
Mayor, it would seem to me, and my opinion may be different than some
others, but we had criminal charges filed against all council memoers five
years ago. We had other allegations five years ago ano they turned out to
be false. Council didn't violate the law as they were accused. We have
other criminal allegations brought against people n our department that
were found to be unfounded.
So, T would be a little hesitant to jump to the conclusion, that people that
are now bringing charges that have brought them before and they have
been found to be unfounded, would be a reason that people should loose
trust in our City Police Department. T think that if in five years these
charges were found to be accurate and the Council was found to oe
criminals and they did violate the law that would have ~een a serious
concern. But that was found to be without merit.
These criminal charges that were filed against, or allegations, from
allegations were found not to have merit. So, T would oe just a little bit
hesitant like to believe that we have done something wrong and we need
to change. T think that's why we want the independent study to lOOK at.
What happened here? Why did it happen? How did it happen?
And if there are findings that show that there were inappropriate
behaviors, of course we've already have been revieweo for illegal
activities, but we're looking for more than that. And we certainly... Whe~
we get these findings, as the Chief says and as you all believe that these
findings will show, that we need to make changes or if we're doing
something wrong we'll try to correct it. But I would not... People bringing
charges and having those charges found not to be accurate, I don't
believe is reason for the public to loose confidence in our Police
Department.
City Council Special Meeting January 10, 2005 Page 7
Councilmember Flood made the following additional statement:
That is the reason ! made the statement and I'll make it again. ~ think if
you'd of probably made some changes back five years ago you--we'd
probably wouldn't be going through this situation again now. And that is
the reason ir said, that some changes probably need to be made because
if they don't be made maybe another five years, we're going through this
same situation again. So, whatever changes need to be made, ! think
some probably need to be made, and that's why ! made that statement,
Mr. Hanagen
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal,
and carried unanimously, Proposed Resolution No. 12992 was tabled.
III. AD3OURNMENT
Mayor Oscar G. Ortiz aci.iourned the Special Meeting of the City Council at 6:15 p.m.
An audio tape of this meeting is on file in the office of the City Secretary and is made a
part of the official minutes of this meeting.
MAYOR ORTIZ
A'I-rEST:
cTr'Y SECRETARY EVANGELTNE GREEN
END OF SPECIAL MEETING HELD January 10, 2005 APPROVED:
City Council Special Heeting January 10, 2005 Page 8