NEW BOSTON, Texas-A New Boston, Texas, city councilman who has been rebuffed in his attempt to review the police chief's personnel file had no trouble acquiring employee records from the chief's prior employers.
Police Chief Tony King's performance has been called into question since March 9, when he fired Lt. Johnny Millwood without explanation.
After hearing from Millwood's lawyer, Butch Dunbar, at a City Council meeting March 20, the council voted unanimously to reinstate Millwood and place him on administrative leave until an investigation into the police department can be conducted by the Texas Rangers.
The situation has apparently created some divisiveness within the city government.
Councilman Joe Dike said he has repeatedly asked City Secretary Darla Faulknor to allow him to review King's personnel file. Dike said he wants to review the chief's employment application and believes that, as a member of the governing body with authority to hire and fire King, he is legally entitled to do so.
Faulknor recently accused Dike of trying to break into her office while she was out, but a television cameraman's recording of Dike's trip to City Hall debunks that claim. Dike walks to Faulknor's office door, knocks a few times, states out loud, "Well, I guess she isn't here," and touches the door's knob and rattles it slightly as he walks away.
Dike said he is troubled by a sexually graphic text message King sent Millwood in October, by allegations that King has made arrests without probable cause and then destroyed records of the event, by King's termination of Millwood and by complaints from citizens that King makes them feel afraid.
The councilman said his concerns about King's background and suitability for the position he holds led him to contact the Mount Pleasant and DeKalb, Texas, police departments where King once worked as a police officer. Dike said both departments promptly provided the information he requested.
Records from Mount Pleasant show King was fired Oct. 12, 1987, for insubordination and is not eligible for rehire. According to statements in the file, King was also guilty of using excessive force when he slammed a cuffed detainee's face into the hood of his patrol car and would have been terminated for that if he hadn't already been dismissed for failing to obey supervisors. The records show King unsuccessfully appealed his termination from Mount Pleasant.
Records from DeKalb Police Department show King resigned from the department in 1984 after a year of employment. In June 1985, King and another officer, the DeKalb Police Department and Bowie County were sued in a Texarkana federal court for King's and Officer David Hindman's alleged excessive use of force during an encounter Jan. 29, 1984, with Perry Clark.
The suit accused King and Hindman of savagely beating Clark and arresting him on trumped up charges to cover up their unwarranted brutality, in violation of Clark's civil rights. The suit eventually settled in 1986, with DeKalb paying Clark $10,000 and Bowie County paying $15,000.
King declined to comment.
Dike said that, since he's requested a look at King's personnel file, Faulknor has begun locking City Hall doors that used to remain open during business hours and continues to accuse him of attempting to violate her office space.
"She's contacting people's employers and requesting they tell their employees to remove (social media and online) posts she doesn't like," Dike said. "She's an employee of the city, but it appears she's running the show."
Dike said he has enjoyed more cooperation from staff at the neighboring cities where King once worked than he has from staff at the city he was elected to serve as councilman. He said he believes Faulknor, King and Mayor Johnny Branson have been working together for months to enable King's firing of Millwood. Dike points to correspondence from Texarkana lawyers Bob Weber and Troy Hornsby that indicates legal advice regarding the city's personnel policy manual was sought beginning in November.
A newly revised personnel policy removed the mechanism by which employees could appeal a termination. Dike said the council was duped into approving the new policy in January without ever seeing it after being told it was simply an update. Hornsby was hired and paid more than $4,000 for legal work concering Millwood's employment without council approval. In a letter to Branson citing "ethical and legal" reasons, Hornsby resigned from representing the city after the contentious March 20 meeting.
The city's attorney, Mike Brock, is paid a monthly retainer to provide legal advice but was not consulted.
Dunbar pointed out at the March 20 meeting that Texas law guarantees police and firefighters the right to appeal a termination. In a letter sent to the council since their vote to reinstate Millwood last month, Dunbar complains that King has not filed the paperwork necessary to reinstate Millwood as a peace officer with the Texas Commission on Law Enforcement.
Dike has placed an item on the council's agenda for its regular meeting April 17 to address King's failure to comply with the council's directive that Millwood be reinstated. Dike also added an agenda item to "consider and take action concerning the authority of the mayor and individual City Council members to inspect personnel files of employees."
Dike has also added items to Tuesday's meeting to determine if any of the city's employees, such as King, have an employment contract. If so, the contract would have been negotiated without the council's input, Dike said. He also wants to know who has the authority to contractually bind the city.
Earlier this month at a specially called meeting, a motion to give Branson authority to retain and release special services, such as lawyers, failed for lack of a second.
Other items on Tuesday's agenda include a discussion request from Councilman David Turner for clarification from Brock, the city's attorney, regarding the Open Meetings Act, information on executive session and who has the authority to contact the city attorney regarding city matters.
Turner has also added an item to "consider and take action on amending the Policy of the City of New Boston Setting Agenda Items." Current policy allows the council's five individual members and the mayor to add agenda items at will.
Time for an open forum is listed on the agenda.
Tuesday's meeting is scheduled for 6 p.m. at City Hall in New Boston.