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MIN CC 05/03/2010City Council Meetings of May 2010 Book'V MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3r0 DAY OF MAY 2010, IN THE CITY HALL, LOCATED • AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, YEXAS AT 6PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: J. Turner, Mac Woodward, Jack Wagamon, Delano Zander, Charles Forbus, Lanny Ray, Wayne Barrett COUNCILMEMBERS ABSENT: Melissa Templeton, Tom Cole OFFICERS PRESENT: Bill Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary SPECIAL SESSION [6:OO121111] CALL TO ORDER [6:06 PM] Mayor Tumer called the hearing to order, stating that he was the hearing officer for the grievance appeal, based on City Charter provisions. Mayor Turner asked City Secretary Lee Woodward to call roll for the Councilmembers. Seven Counclmembers were present. Mayor Turner stated the Charter requirement for at least six Councilmembers to be present during the hearing had thus been satisfied. Mayor Tumor briefly addressed the format for the hearing, stating that each side would make five minute opening statements, the City would make its case for 15 minutes, Altom would make his case for one hour, and the City would be allowed a ten - minute rebuttal. Both sides would then make dosing statements of five minutes each. Mayor Turner said Councilmembers would be allowed questions during the proceedings. Mayor Turner certified the presence of Wes Altom, and his attorney, Greg Cagle. Mayor Turner acknowledged William Helfand, hired to represent the City in the hearing, and City Attorney Leonard Schneider, present to provide guidance to Council regarding procedures and rulings, not advice regarding how to vote. Following the hearing, Mayor Turner said the Council would enter into executive session to discuss their vote, after which they would return to open session and the vote would be made publicly. Mayor Turner said the original burden of proof for the hearing would be on the City, to establish that the dismissal or disciplinary decision on behalf of the City was supported by just cause. Then the burden of proof would shift to the employee, Altom, to show that the derision was not supported by just cause. Mayor Turner said he would have the authority to expand the time format if he found it necessary. • 2. EMPLOYEE GRIEVANCE APPEAL HEARING a. Appeal —Wes Altom Appeal and name clearing hearing as requested by Was Altom. Procedure to be set by city council. [Leonard Schneider, City Attorney] b. Consideration and possible action pertaining to the appeal by Wes Altom on his termination. Mayor Turner asked both Cagle and Helfand if they had received written procedures for the hearing, and both confirmed they had. The Mayor opened the floor to Helfand for his five - minute opening statement. Helfand stated that on April 9, 2010, City Manager Bill Baine terminated Wes Atom's employment with the City for two specific reasons. The first was Baine's recognition that Altom was not acting in a forthright and honest manner in his conduct as the Huntsville Police Department's second -in- command and secondly due to significant manipulation of police records and data in reports pertaining to calls for service at Shenanigan's nightclub. Helfand said Baine would demonstrate that even after an attorney for Shenanigan's provided information questioning the number of calls for service and the nature of those calls, Altom continued to provide false information. Ultimately, Helfand said the City would prove, through documentation and information from Huntsville Police Department (HPD) Sgt. Ron Clears, that Altom had the correct information available to him but persisted in presenting false information for a second time. Helfand said the propagation of false information led not only to Shenanigan's having to rebut the information publicly, but also in the embarrassment of the City Manager himself. Helfand cited reports of Lt. Danyle Sloven, Sgt. Kurt Landrum and Sgt. Ron Clears that Baine was aware of Altom's presentation of false information, leaving him with significant concern over Attom's trustworthiness, particularly in a position of high authority. Helfand stated that Baine approached Altom, recommending he resign based on his feeling that Altom could no longer continue in his position with any credibility as far as he, the City Council, or the citizens were concerned, which Altom refused. In the meantime, Helfand stated that an Interim Police Chief was hired, but that several individuals approached regarding the position said they would not accept it, as they did not trust Altom. Interim Chief Kevin Lunsford, once having accepted the position, was asked to complete a top -down analysis of the department, in which he outlined his doubts of Abom being able to act in a leadership position with such extensive responsibilities. Helfand said the evidence would stow that Baine did not feel that he, the City or the citizens could trust Altom, and that in the action of operating the Huntsville Police Department, Baine discharged Altom for that specific reason. • Mayor Turner opened the floor to Cagle to make his opening statement. Cagle cited a group of documents he received upon arriving at the hearing that he had requested previously, stating that some of the documents had been created before he made his request and some had been created after. He said he felt the case as a whole would be an after- the -fact case. Cagle stated that Attom was a 21 -year employee with exemplary reviews, records of service and evaluations. With those documents considered, Cagle said he could not find cause for Baine's dismissal of Altom until he began a retroactive investigation following the dismissal. Cagle said he felt documents were created after Altom's dismissal to support Baine's decision, and that employees who remained with the City felt that they needed to side with Baine in light of an exemplary employee such as Atom being terminated for no City Council Meetings of May 2010 Book "V" reason. Cagle said the evidence would indicate that Baine approached a 21 -year employee without a shred of paper and said it was `time for [him] to go; without giving him a chance to respond or conducting an investigation, and only after Altom refused did the City begin to compile documentation supporting Baine's decision. • Cagle compared merely calling an employee "untrustworthy" to calling that person a child molester, stating that the accusation was not something a person in Altom's position could just walk away from. (Mayor Turner addressed the room, following an inappropriate outburst, stating that the hearing was to be conducted in a professional manner and any outbursts could result in removal from the chambers.) Cagle said he realized he was at a disadvantage, but that at the end of the hearing he was going to ask the Council not to do the easy thing — uphold Baine's decision — but the right thing, to stand behind the employee, Altom. Councilmember Woodward addressed Helfand, asking for Exhibits A through E, at which point City Attorney Leonard Schneider distributed informational packets to each Council member. Woodward asked H the documents were being viewed for the first time, to which Schneider answered they were being presented as a packet for the first time. Helfand stated that he wished to invoke the Charter rules requiring any witnesses to be called by Cagle to leave the room and not watch from the adjacent room. The list of witnesses was read, and they left the Chambers and the conference room. Helfand called Baine as his first witness, and Baine was sworn in by the court reporter. Regarding Exhibit At, a notice of termination prepared by Baine in April 2010, Helfand asked if the statements in the letter accurately described his reasons for terminating Wes Atom. Bathe responded that it did. Helfand addressed the first reason Baine listed for Altom's termination, "his general dissatisfaction with the veracity of information provided by the Huntsville Police Department during the recent Shenanigan s event" He asked Baine to explain the statement and how it related to Altom. Baine stated that he felt the information was crafted specifically to gain a desired outcome, addressing specific figures given to the Council. Baine said he requested that the information — summary data provided by both then -Imedm Chief Allwin Barrow and Altom — be read through again as it contradicted information provided by Shenanigan's Attorney Bennie Rush. Baine said that once repeat calls, simple drive -bys or backup calls for other officers were taken out of original reports given to Council, the number of calls to Shenanigan's reported over three years diminished by about half. Helfand asked Baine if Altom had specified why he addressed a period of 25 months in his initial report, to which Baine stated he did not believe so but that it deeply disturbed him. After a while, Baine said, he came to the conclusion that the Shenanigan's numbers were unacceptable, and fire Council charged him with finding the true figures. Baine cited reasons Altom had provided for the miscalculations in the original Shenanigan's figures, including poor software, and Helfand asked if Altom had provided such reason before or after Rush pointed out the mistakes in the data. Baine said the reasons were provided after. Baine discussed two graphs — one based on Altom's initial report and a second based on results Altom presented after "detailed analysis." Baine said the information presented was incorrect. Helfand also drew attention to another slide, which presented original and reevaluated numbers of physical altercations at a number of bar locations including Shenanigan's. The figures, as Baine discussed, changed drastically once the information was critically evaluated. Helfand asked about the opinions of those Baine interviewed about the position of Interim Chief, with respect to the knowledge that Atom would serve as second -in- command. Baine said all of those interviewed stated "he needed to go; reverting to Altom, and that "they didn't want to work with him." Helfand asked Baine if he had approached Altom with his concerns, which Baine said he did. Helfand also asked if Altom provided information as to why his information was still inaccurate after two reports, which Barre said he did not. Helfand asked if Aftom was able to explain why Cleere discovered the falsities, and Baine said he did not discuss Cleere's statements with Altom. Helfand asked Baine if he asked Lunsford to conduct a staff report upon becoming Interim Chief — Baine said he did and that Lunsford completed the report. Helfand asked if the results of the report changed or strengthened his feelings about Altom, and Baine said Lunsford's report lessened his evaluation of Altom. Helfand asked Balne if he trusted Altom to assist in running the Huntsville Police Department, if he felt comfortable overseeing the operations of the Huntsville Police Department with Altom in a position of power, and if he had confidence in Altom, to which Baine said he did not. Helfand asked if the decision to fire Altom was in any way affected by the arrest of George Russell, and Baine said it was not. Helfand asked if Altom's previous evaluations had anything to do with his decision, and Baine said they did not. At that point, Helfand's time for questioning Baine had lapsed. Mayor Turner asked if Cagle had any questions of the chair, which he said he did not. Mayor Turner then gave Cagle permission to call his first witness, who was also Baine. Cagle asked if he and Baine had met before, and if it was in the conference room following his telling Altom it was "time for him to go," and Baine said ft was. Cagle asked Bane if he had spent most of his adult life in the military and if he understood the importance of documentation, and Baine said yes. Cagle asked if Baine had ever conducted an investigation requiring a review of documentation or video, interviews with witnesses an* other steps, and Bane said no. Cagle asked if Bane knew, within the 58 members of the Huntsville Police Department, if there were members who could conduct internal affairs investigations, to which Baine replied there were. Cagle asked if Baine had thought to use these resources, and Baine said no. Cagle asked Bane If he had ever brought Altom in to discuss a specific complaint related to the Shenanigan's information, and Baine said no. Cagle asked if, considering those facts, Baine would consider his actions fair, and Baine responded that his position required him to take every comment made to him seriously. City Council Meetings of May 2010 Book "V° Cagle referred to a section of the employee handbook regarding investigation before dismissal from duties and a section regarding •termination. Cagle asked if Baine had gone to Altom's supervisor, and Baine said he had already had discussions with Attom and Slaven regarding Altom's employment. Cagle asked If Baine had discussed the termination with an HR Director, which Baine said he had not due to the fact that no such position with the City is filled. Cagle referenced documentation provided to him by the City and asked why Baine had riot provided documents justifying Altom's termination sooner. Helfand objected, stating that the City Manager had not been asked for the documents, but the City Attorney had. Cagle asked it any statements made by members of the Huntsville Police Department against Altom had been documented, and Baine said they had not but that he remembered them from individual conversations. Cagle referred to a pre - discipline review from public safety, stating that no such review ever happened, and Helfand objected as no disciplinary action was ever taken against Altom. Mayor Turner stated that Cagle was allowed to ask questions related to faith and confidence in Altom held by the City Manager. Baine said he had received no written complaints, only oral complaints. Baine said he did feel he had conducted an investigation. Cagle addressed the 25 -month report Baine had addressed in previous testimony, stating that it was the most recent information at the time of the report being requested. Baine agreed that the figures were recent at that time. Baine said he went back to the Chief to ask him to re- do the data and to redact all of the obviously wrong information. Cagle asked if it was Baines testimony that he met with Altom and gave him the opportunity to respond to the mistakes found in the Shenanigan's report, and Baine said it was not. Cagle indicated he was finished With his questions for Baine. Mayor Turner asked if any Council members had any questions for Baine — none were presented, and he was excused as a witness Helfand asked if Baine presented Altom with his notice of termination upon making the decision to terminate him, and Baine said he had. Cagle then called Allwin Barrow, former Interim Chief, as his next witness. Mayor Turner asked that he be sworn in and verified that Barrow had not heard any of the proceedings. Cagle asked Barrow to state his name and place of employment for the record. Barrow stated his name — Louis A. Barrow — and that he was a consultant in the Dallas area but had worked as the Interim Police Chief in Huntsville previously for about 16 months. Cagle asked if there were officers who investigated wrongdoings within the Huntsville Police Department, and Barrow said one of three lieutenants assigned to a supervisor usually carried out the role. Barrow said a report was usually completed in those instances in order to substantiate or disprove allegations. • Cagle asked Barrow'lf he had received any complaints from Baine regarding Altom during his time as Interim Chief, to which he replied he had not. Cagle asked if, had he received such a complaint, he would have investigated it, and he said he would have. Barrow said he investigated the complaints he received while in his positions. Cagle asked about discussions Baine and Barrow had held about Altom during Barow's time with HPD, specifically discussions related to Shenanigan's and Altom. Barrow said he knew Council was upset about Shenanigan's in general but had not been invited into two executive sessions where the issue was discussed so he did not know specifically Why. Helfand suggested that Barrow not be made to speculate, and Mayor Turner asked that Barrow limit his testimony to what he was sure about. Cagle asked about data compiled about Shenanigan's, and Barrow said there were several sets compiled due to several issues arising, Cagle asked 'R there was a time where the number of calls for service were requested, and Barrow said the numbers had been requested, and were later reduced based on more stringent requirements. Cagle asked if he remembered Altom's record of service and if he would still stand by his exemplary reviews, and Barrow said yes. Cagle asked, lf Baine had approached Barrow with problems with the numbers, if he would have looked into them, and Barrow said yes. Cagle passed the witness, and Helfand began his questions. Helfand asked Barrow to discuss some of the reports about Shenanigan's given to Council, asking if he had analyzed any of the included data himself. Bartow said he had not compiled the information himself. Helfand also asked Barrow to discuss a statement Altom made regarding Shenanigan's and the figures presented, specifically an indication that the department could riot distinguish calls from Shenanigan's versus calls from its general area. He asked Barrow if that statement had been made the first time the information was compiled and Barrow said yes. Barrow said the information was presented in such a way as to provide as much leverage as possible to convince Shenanigan's management to negotiate with the City. Helfand then asked why Council was not made aware of the issue until after Rush rased questions about the data, and Barrow said making the distinction was not a concern until following Rush's questions. Barrow said the City Attorney was aware that figures from the whole area were being used as a means of facilitating negotiation between the City and Shenanigan's. Helfand asked if Bartow had knowingly participated in presenting embellished data to the Council, and Barrow said the information may have been embellished. Helfand asked if Barrow participated in that action, and he said he did, and Helfand asked if he did so knowing the statistics were embellished. Barrow said he provided the information knowing that some of the statistics might have been exaggerated. Helfand discussed the use of the information not yet narrowed down to Shenanigan's location only. He asked if Barrow had made it clear to Baine that the first figures presented included statistics specific to the area surrounding Shenanigan's, not just the club itself. • Helfand asked if Barow was aware of any complaints made against Altom, and he said no. Helfand asked lf any such complaint would have been investigated by internal affairs, and he said they would have been handed to a supervisor. Helfand asked if Barrow, in a situation where he did not trust a fellow officer, would have to conduct an investigation to determine why he did not trust that officer. Helfand also asked H Barrow would keep an officer on that he did not trust, and Barrow said he would not. Helfand indicated he was finished with his questions for Barrow. City Council Meetings of May 2010 Book "V" Councilmember Wagamon stated that the words used in the discussion were "embellished" and "exaggerated," and that he knew that because he had written them down during the discussion. • Mayor Turner said he would like the record to reflect that the raw data related to Shenanigan's was presented to Council on January 19, 2010, as a number. Councilmember Wagamon asked if, at that point, the numbers were presented in open session, and Mayor Turner said that was correct. Councilmember Wagamon asked if it was stated that the majority of the calls were 911 calls, as he said he remembered, and that he felt that number begged credulity because such a high number sounded more like Iraq. Councilmember Woodward, calling attention to Exhibit B2, said the number 1,586 included on that exhibit was the first that he remembered being presented, because the Council discussed having as many as 800 calls a year to a single address. He continued to discuss some of the issues with the data that the Council was aware of — such as whether two officers responding to a call counted as one call or two calls — and said the he and the rest of the Council understood that such items would have to be corrected before final numbers were ready. Councilmember Ray cited the minutes from the January 19 meeting, saying the number of 1,700 calls was reported between four and five times during the meeting. He said the number was questioned, but stood after questions, and that the majority were regarded as 911 calls. Councilmember Woodward asked who originally asked for the data, and Barrow said City Attorney Schneider and his partner, Steve Weathered, had requested the information. The City Attorney clarified Mr. Weathered had asked for the information because Shenanigan's [liquor) license was coming up for renewal and the City would possibly want to contest it. Councilmember Wagamon asked if Barrow knew that an accurate breakdown of the types of calls made had been available at the time the raw data was presented to Council, and Barrow said he was, although he said he didn't recall making the statement that most were 911 calls. Councilmember Wagamon asked if Barrow felt most of the people who compiled the information knew the information could have been broken down or if he became aware of it later. Barrow's response was "neither." Councilmember Ray asked if Barrow had seen Exhibit B2, and he said he did not remember seeing it ever seeing it before. Cagle resumed questioning Barrow. Cagle asked if Altom attended the January 19 Council meeting, and Barrow said no. Cagle asked if everyone who looked at the data presented at that meeting, including Baine, knew it was considered raw data, and Barrow answered yes, and that there was never any intent to mislead anyone. Cagle asked Barrow if any Councilmembers had ever come to Barrow and told him he needed to fire Wes Altom, and Barrow said yes. Cagle asked who, and Barrow answered Councilmember Ray, Councilmember Zander and Councilmember Templeton. Cagle asked Barrow if he had been told what to say in the hearing, and Barrow said no. Cagle asked lf Barrow had told the truth to the best of his abilities, and Barrow said yes. Barrow also answered that he would not appear at the hearing to lie for Mr. Altom. Cagle asked if Barrow would fire a person based on a bad feeling, and Barrow said no. Cagle asked if Barrow would conduct a documented investigation, and he said yes. Helfand asked if four Councilmembers came to the Chief requesting that he fire Altom, and he said three did, separately and once together. Helfand asked if these statements were documented, and Barrow said they were not. Barrow further said he had made no documentation of the requests. Helfand asked if Barrow had reported the statements to anyone, and Barrow said he had reported the statements to Baine. Helfand asked what the reasons were that Barrow was given to fire Altom, and Barrow cited an arrest that had occurred before his time with HPD. Helfand asked 0 Barrow fired Altom because of any Councilmember instructing him to do so, and Barrow said no. Helfand asked Barrow if he was aware that Baine fired Altom because he did not trust him, and he said he was. Helfand then asked if Barrow had any information that would indicate that Baine did in fad trust Altom and he was lying to Council about his mistrust, and Barrow said no. Helfand asked why Altom would have used the complex address of Shenanigan's as opposed to its specific physical address in his report, and Bartow said he did not believe he was a parry to that decision. Helfand asked if Altom told Barrow — as Helfand stated Altom told Clears — that there would be duplications in his report, and Barrow said he knew a call for service would indicate one officers presence. Helfand asked Barrow about the amount of calls for service at 154811'" Street which actually occurred inside Shenanigan's. Helfand called attention to graphs 93 and #4, asking Barrow which one accurately represented the number of fights at Shenanigan's, then asked the same question about #1 and #2 related to the number of arrests, Barrow said he did not know which ones were accurate. Mayor Turner asked if any Councilmembers had any questions for Barrow Councilmember Wagamon said he noticed Barrow mention three Councilmembers, and asked if he understood that Barrow meant that those Councilmembers had instructed him to fire Wes Aflom because of the events that occurred involving the arrest of George Russell, an� Barrow said yes. Wagamon asked if the instructions were orders, and Barrow said no. Wagamon stated that the Councilmembers did not i fad have the authority to tell Barrow to fire Altom because he did rat work for them, and Barrow said no, they did not, agreeing with Wagamon. Wagamon asked about the nature of the request, and the specific words used, and Barrow said it was more of a suggestion of when it would, happen, how long it would take and when the investigation to fire was going to be completed. Wagamon asked if Barrow was aware that he ( Wagamon) had made a motion to have an investigation conducted into the arrest of George Russell, that was seconded, but failed, and the same Councilmembers Barrow said asked for individuals to be fired voted against the investigation, and further continued by City Council Meetings of May 2010 Book "V" asking if Barrow was present for that vote. Barrow said he was. Wagamon said that would be at odds with those members coming to Barrow requesting terminations. • Wagamon asked Barrow if he remembered his letter dated November 3, 2009, as he noticed he was conspicuously absent from the list of those who had asked that individuals be fired. He asked if Barrow was aware that he had specifically indicated that he "was rat invested in or committed to any possible course of action as a result of these questions being answered." Wagamon said he would have further questions for Cagle based on the November 3 letter. Councilmember Woodward stated that he did not believe there were any Charter provisions which gave Council the right to make decisions for the Police Department. He said any problem the Council had should go through Baine. Councilmember Ray asked about a public information request submitted by Bennie Rush, specifically if it was issued for 1548 110 Street, Suite B, and Barrow said he did not know. Ray asked if Barrow would deny stating that 1,700 calls were made to Shenanigan's, the majority of which were 911 calls, and Barrow said he did not remember making that statement. Ray asked if Barrow knew whether he had asked that Barrow be fired, and Barrow replied, "Not to me," to which Ray replied, "I assure you, I did." Cagle made a statement regarding Council members' abilities as neutral fact - finders. Cagle asked Barrow if an investigation on the Russell case was completed, if a report was compiled, and if the report found that Altom and the other officers involved had not done anything wrong, and H the report was submitted to Baine, and Barrow said yes. Cagle asked if Barrow had an open -door policy during his time as chief, and Barrow said he did. Cagle then asked if anyone had come to Barrow to complain about Altom, and Barrow said no. Cagle asked additional questions about the location of a crime related to its reporting, then passed the witness. Helfand asked Ray for the specific address for Shenanigan's, then addressed Barrow about the use of the specific address. Barrow said if he had used the term embellish that he had misspoken, and that the goal all along was to compile enough data to use in negotiations with Shenanigan's to make them change the way they were doing business. Councilmember Woodward asked how much of the data was solely prepared by Altom, or whether there was more than one person compiling the data, and Barrow said there were secretaries, Sgt. Cleere and other individuals involved. Barrow said the situation got out of hand before the information could be compiled completely. Councilmember Forbus said there were several meetings held regarding Shenanigan's, and the 1,700 figure when presented shocked him. Then, a murder occurred which Forlws said he thought took place outside of Shenanigan's and the figures moved to approximately 1,500. He said he didn't know where the data came from originally, but he was making decisions based on information he was given in a Council meeting. Councilmember Zander addressed Barrow, saying that Barrow testified Zander had told him to fire Altom but that her recollection was much different. She said she and Barrow had held multiple conversations during which Barrow asked what she would do in his situation, and she said she was careful because she did not have a great deal of trust in him at that time. She said the discussions were never about the George Russell arrest, but the investigation following the arrest, and what her advice would be to him in that situation. Mayor Turner excused Barrow as a witness and asked for a time estimate as far as how long Cagle had remaining in his allotted hour. Cagle also addressed informational materials he generated and asked for they be distributed. Cagle and Helfand discussed the use of documents generated following a disciplinary action versus a termination. Mayor Turner said the Council would enter into a 10- minute recess to resume at 8:15 p.m. Mayor Turner reconvened the meeting, and Helfand made an objection to the first and fifth portions of Cagle s documentation. Cagle responded that his materials provided a standard for just cause, and City Attorney Schneider addressed the Charter provisions related to his response. Cagle said it had become painfully obvious that there were Councilmembers who were witnesses or were making factual statements to witnesses, and that it was not possible for A tom to have a fair hearing. Helfand said that, even while Baine had made it clear that the George Russell arrest had nothing to do with Attom's termination, Cagle was using the event as a means of making Councilmembers appear to have had something to do with Altom being fired. Helfand said he felt the situation was inappropriate, and that the real issue at hand was whether the Council believed Baine had just cause in terminating Altom. Mayor Turner said he would like to respond to two points. He said Council has a policy regarding conflict of interest that must be determined on an individual basis. He also disputed Cagles statement about predisposition of Council, saying the purpose of the hearing was to give every opportunity for information to be brought forth and considered. Cagle called Was Altom as a witness, asking him his address, marital status and number of children, as well as when he moved to Huntsville, where he attended college. Cagle asked Altom if he had ever worked for another police department besides the Huntsville Police Department, and Altom said no. Cagle asked how Altom reached his rank, and Altom said he worked his way up as a patrol officer, •then as a detective, then sergeant, then a lieutenant before becoming a captain in October 2009. Cagle asked if all of Altom's evaluations were contained in his submitted documents, and Altom said yes. Cagle asked if Altom had seen City Exhibit 81, asking it Altom had anything to do with its formation. Then he asked how the compiling of Shenanigan's data had originally come to Affom's responsibility. Altom answered that he had nothing to do with the original group of data, that Chief Barrow had pulled it from records and presented it without Akom's viewing or comment. Altom stated, at one point, the Chief made him aware of Council concerns of the data, which was everything in the computer system related City Council Meetings of May 2010 Book "V" to 1548 11"' Street. He said the chief asked that the information be re -run and re- formatted, in order to find all calls for service connected to 1548 11'", whereby any Council member could look at particular call types and pull what they felt was not pertinent. He said he did not present that information, either. Cagle asked if Altom or anyone else had made a statement clarifying how the information was pulled, and • Altom said the way the search was run was the most accurate way to tally total calls for the location. Regarding the third set of data, Attom said he made a good faith effort to redact portions of the original calls based on the complaints Barrow relayed from Council concerning the original two sets of data. He said he went through the data and pulled calls such as bar checks in order to provide a more accurate number, but that he knew the number would not be exactly accurate because he could not go through the calls individually but through a summary string. Cagle asked if some of the items Altom pulled would have related to multiple officers' responding to one call being counted as multiple calls, and Altom said yes. Cagle indicated that Councilmember Wagamon had made the statement, and Wagamon corrected him, and Cagle said "and that's why I can't get a fair hearing." Helfand said Cagle was being unprofessional, and that he did not feel it was appropriate for a lawyer to impugn the veracity of reasonableness in a hearing. Mayor Turner thought Cagle's statement was unfortunate, saying that Council members take their responsibilities very seriously. City Attorney Schneider also asked that Cagle maintain professionalism. Mayor Turner strongly recommended that Cagle be considerate of Council and give them respect. Cagle asked if Altom had any communications with Council or Baine regarding the Shenanigan's data, and Altom said no. He said Barrow was in communication with Council regarding the data. Cagle addressed a statement written by Altom addressing the good -faith effort to comb through the data, asking if anyone had gone to Alom regarding the statement and Altom said no. Cagle asked when the first time was that Alom was told he needed to leave the Huntsville Police Department, and Altom said it was the Monday morning after Chief Barrows resignation went into effect on the preceding Friday, the date being March 22. Cagle asked how Baine informed him of his decision. Altom stated that there was a swearing -in of a new officer, after which Baine asked him to come to the former chiefs office, where he stated that he had the chiefs resignation and was asking for his. Altom said he asked Baine for his reasons why, and that Baine mentioned Shenanigan's information, that he felt there were problems with it, but did not give him anything in writing or anything speck. Cagle asked for his response, and Altom said he told Baine he did not feel like he had done anything he needed to resign for, and that Baine then told him he was being placed on administrative leave. Cagle asked when the next time was that Altom spoke with Baine, and Altom said it was the following Wednesday morning, when Baine had scheduled for Attom to receive his termination paperwork. Attom stated that he had arrived wfth Cagle, and that Baine had cancelled the meeting, saying it would have to be rescheduled for a time when the City Attorney could be present. The next meeting, Altom said, was scheduled for a week and half to two weeks later when the City Attorney could be present, after which he was again left on administrative leave. Cagle asked if, in his investigations, Altom had given the target or subject of the investigation an opportunity to respond to in allegations, and Altom said yes. Cagle asked it Altom had been given an opportunity to respond, and he said he was not. Altom said, on the day he received the notice of termination from Baine, he asked If Baine had documentation for the claims in the notice, to which Baine responded he could prove them if he needed to. Attom said he asked whether before or after an action was taken was the time to provide proof, to which he said Baine responded that Texas is an at -will state. Cagle asked, until the hearing, if Altom had ever received any information beyond the statements in the notice, and Altom said no. Cagle asked if Sgt. Clears had made any complaints about the information, and Altom said no. Cagle asked if Altom had ever received a write -up from Baine or if any investigation was held regarding his work on the Shenanigan's data, and he said no to both. Cagle asked if there was anything else Altom wanted to tell the Council after being fired after 21 years of service, and Altom said the whole issue came back to communication. He said he understood there was a lot of mistrust, but that the issues put forth were never discussed with him, only about him. He said that was the disappointing part. Cagle asked what Altom was asking Council to do, and Altom said he was asking Council to do the right thing and play by the rules. Altom said in one fail swoop, with his termination, that the Council had told every police officer and City employee that they were going to do what they wanted and throw the rules aside, and that was the last thing the City needed. Helfand asked Altom what policy Baine did not follow, and he answered the termination of an employee. Helfand asked 'd Altom knew what at -will meant, and Attom said yes, and that he understood how to property terminate an employee. Helfand discussed the lack of a specific termination policy which would apply to the City Manager's decision to terminate an employee, and Altom responded by stating that a termination policy was in place for every City employee. Helfand said Baine made the decision to fire Altom because of a lack of trust and asked if Altom understood that. He also asked if Altom had any proof that Baine did trust him and was lying about a lack of trust, and Attom mentioned Baine's signature on his promotion paperwork. Helfand stated that between the time Baine signed the promotion paperwork and the point at which he fired Altom, Baine came to the conclusion that Altom was not trustworthy and investigated to the extent he fell necessary to make that determination. Helfand asked if Altom had heard Baine say that, and he said he had. Helfand asked if Altom could agree that the City Manager needed to trust people in positions of responsibility in the City, and that everyone has to be able to trust police officers, and Attom said sure. Helfand asked if Chief Barrow had tasked Altom to have others collect the Shenanigan's information, and Altom said that was true for the second set of data. Helfand asked lf Altom tasked Clears to collect the information, and Attom said yes. Helfand asked Altom if, when he tasked Clears to search for the information by address (according to a statement by Cleere), a search had also been completed by using the name of the establishment as well, or the phone number of the calls. Attom said not all of the options Helfand mentioned were available to the department, but that they did not do a comparison by using Shenanigan's name. Helfand asked Altom if he understood that searching by address had yielded more information than was needed, and Altom said the search was conducted based on what available. Helfand continued to ask questions related to the information being gathered, related to the program used and the process usedW Helfand finally asked Altom If he told Baine why he and Cleere came up with such different results, and Atom answered that there was no discussion between he and Baine on the topic and that he did not know what Baines concern was. Helfand asked 'd the Captain of the police department was a person who should have the City Manager's trust, and Altom said yes. City Council Meetings of May 2010 Book "V" •Mayor Tumor confirmed that Helfand was finished with his questions for Altom and opened the floor for Council members to ask questions. Councilmember Wagamon asked if it was Altom's position that he was terminated as payback for an arrest made following Hurricane Ike when he was in a supervisory position, as he had not heard that point made by Cagle. Altom said his position was that he did not know why he was terminated, because he had only been given a generic reason with no supporting documentation. Councilmember Wagamon said he asked because there was a call to action for support at the hearing for Altom, and in a statement circulated publically, such an arrest was cited and that the person arrested had several `Friends" on the Council. Altom said, as he was under oath and asked to be honest, that he could not discount that as a possibility. Councilmember Wagamon asked If Altom felt that the arrest was the reason, and Altom said he did believe that the arrest was part of it. Councilmember Wagamon made additional references to the statement, which he revealed to have been written by Karen Altom. Karen Altom audibly told Councilmember Wagamon to direct his questions to her. Wagamon asked who provided the information in the statement and who the friends on Council were, and whether the information in the statement still reflected Altom's opinion. Attom said he thought Wagamon should adhere to the rules placed on him and address only the noted reasons for Altom's termination. Helfand made an objection. stating that Attom should just answer the question. Mayor Turner asked that Altom answer the question, whether the statement reflected his thoughts or not. Attom answered that, based on the testimony he had heard, that the information did reflect his beliefs. Councilmember Wagamon said he would like to explore the opinions in the statement, and after an outburst from the citizens in the audience, both Mayor Turner and City Attorney Schneider asked that the audience show respect. Councilmember Wagamon said his attempt was to allow Altom to enumerate his feelings regarding the statement, saying that the statement was serious and deserved to be expounded on. Mayor Turner said he believed Wagamon's question was who was the source of the information in the statement, and he said multiple answers would be accepted. Altom stated that Counciimember Ray is the attorney for George Russell, and Mayor Turner said the statement did not apply to the question. Councilmember Wagamon repeated the statement and his question, and Attom answered that Barrow and Baine had made the statement to him. Wagamon asked it Atom was aware that he had made a motion to have an investigation conducted into the arrest of George Russell, and it was seconded, but it failed, and the same Council members who he said asked for Attom to be fired voted against the investigation. Councilmember Ray addressed Altom's statement regarding his representation of George Russell. He said another attorney had defended Russell, but that he currently represented about 20 to 30 percent of the Huntsville police force. Councilmember Ray reviewed the account •of the events which occurred leading up to Russell's arrest which were provided by Barrow, summarizing that Sgt. Cleere made the arrest after the District Attorney deemed the action appropriate. He said he did not believe Altom had been present at the time Russell was arrested until the current proceedings, to which Altom replied that he did not believe him. Ray reviewed the events which occurred following Russell's arrest, stating that Altom and Cleere were cleared of all suspicion more than a year and a half prior. Councilmember Woodward said he wanted to make it clear that Council members served the public and that he hoped they would always do the right thing. He asked Altom if he manipulated, falsified, changed or altered the data in any way to give to Council, and Atom said he did not. Mayor Turner asked for any further questions, and Cagle asked to address Altom. Cagle asked Altom if he was aware of any reason or factual basis for Baine's mistrust in him, and Altom said no, that it was his understanding that Barrow and Baine had worked closely and Boma stood behind the department, and when Barrow made his exit, that changed. Cagle addressed a section of the employee handbook that required a supervisor to have documentation supporting an action to be made against an employee, asking Altom if he would have needed documentation to terminate an employee, and Altom said yes. Cagle passed the witness. Ray asked if Attom had asked for $240,000 plus retirement benefits in order to leave quietly, and Altom said he asked for it before he was terminated. Councilmember Wagamon asked if Altom meant the $240,000 would be in addition to his retirement and medical benefits and 'rf it would be in cash, and Altom said he had meant to stay in the workforce for eight more years. Altom was dismissed as a witness, and Cagle called David Prier as a witness. Mayor Turner asked if Prier had heard any of the proceedings, Prier answered he had not, Cagle asked if and how Prier knew Attom, and he said he knew him primarily as his physician. Cagle asked Prier what he would say if Cagle said Altom was untrustworthy, and Prier answered that he could not even imagine that, that untrustworthy would not describe the man he knew. Cagle asked Prier how he would describe Altom, and he said Altom was a very honorable father and very loving and tender, as well as a wonderful husband. Prier said he was grateful that Altom was a member of the police department. Helfand asked Prier if his opinion was based on when he had seen Altom when he visited for medical reasons and Prier said yes. Helfand asked if the opinion was built based on visits that lasted for less than an hour at a time, and Prier said yes, but added that visits over 17 years were much more than just a few hours. Helfand asked Prier if he had any grounds on which to judge Altom's performance as a police officer, and Prier said that knowing Altom as an honorable father and husband made him believe Altom was also an honorable officer. Helfand asked what reasons he had to believe that and Prier said Altom had protected the community over the years. Helfand asked K, in his position as a physician who handled confidential information, if Prier did not trust a person he was working with that he would discharge them, and Prier said yes. City Council Meetings of May 2010 Book "V" Helfand indicated he was finished with his questions, and Mayor Turner asked for Council questions but none were asked. Prier was permitted to stay for the remainder of the hearing. • Cagle called Brian Smith as a witness, and Smith was swam in. Mayor Turner verified that Smith had not heard any of the proceedings. Smith indicated he was self - employed as a financial planner and had lived in the Huntsville area since 1987. Cagle asked how Smith knew Altom, and that one way was through the HISD school board. Cagle asked Smith what he would say if Cagle said Altom was untrustworthy, and Smith said he would laugh because he had always known Altom to be honest both personalty and professionally. Cagle passed the witness to Helfand. Helfand asked if Smith had any knowledge of the extent to which Altom was involved in the embellishing of Shenanigan's data, and he said he did not. Mayor Turner asked for any Council questions, crone were asked. Smith was permitted to stay for the remainder of the hearing. Cagle called Paul Davidhizar as a witness, and Davidhizar was sworn in. Mayor Turner verified that he had not heard any of the proceedings. Davidhizar indicated that he had been a resident of the area since 1991, and he was the headmaster of Alpha Omega Academy. Davidhizar said Altom had served on his school board for nine years and he had come to know Altom during that time at monthly board meetings, board retreats and other events. Cagle asked Davidhizar what he would say if Cagle said Altom was untrustworthy, and Davidhizar said he would say Cagle did not know Altom. Helfand asked if he could provide any factual reason why the City Manager's reasons for terminating Altom were unjustified, and Davidhizar said he was not familiar with the case, but that Altom had always been honest in his dealings with him. Helfand asked if, in his position as a headmaster, if Davidhizar did not trust a person he was working with that he would have a serious problem, and he said yes. Councilmember Wagamon asked if Davidhizar was told that there was a group of people conspiring against Altom and Davidhizar said he was not. Davidhizar was permitted to stay for the remainder of the hearing. Cagle called Loren Brewer as a witness, and he was swom in. Mayor Turner verified that he had not heard any of the proceedings. Brewer said he was a resident of Huntsville for 25 years, that he was retired from the U.S. Navy, and he had known Was Altom for several years as a neighbor. He indicated that he and his wife were close to the Altoms children. • Cagle asked H Brewer considered Altom trustworthy, and he said he would go into combat with Altom to protect him. Cagle passed the witness to Helfand, who asked Brewer if he knew about Mr. Baine's decision- making process in determining his mistrust for Altom, and Brewer said no. Council did not offer any additional questions for Brewer, and Brewer was permitted to stay for the remainder of the hearing. Mayor Turner called a recess until 10 p.m Mayor Turner indicated that Cagle had two minutes remaining, but he declined using them. Mayor Turner said the next stage of the hearing, the City rebuttal, would begin. Helfand called Baine, asking If — having heard everything in the evening's hearing — he had changed his position regarding Altom, and Baine said he had not. Helfand asked, if Council reinstated Altom, if he could find a way to work with the police department if it involved him, and Baine said not if Altom were in a position of authority. Helfand asked that Baine summarize the statement he received from Clears after making the decision to fire Altom, and Baine stated that Cleere was asked to compile information related to Shenanigan's by using the address. He stated Cleere ran the search for the information and was required to provide a summary of the data, and that a total of 1,586 entries resulted over a three -year period. Cleere said he presented the information to Barrow, Altom, Slaven and Lunsford, explaining that the numbers were all- inclusive and indicated what was put into the system and that the numbers did rot necessarily indicate what occurred only at the nightclub and duplications did exist. Cleere said he was informed by Altom that the information was sufficient. Helfand asked that Baine summarize the statement he received from Slaven. Baine said his statement indicated that he, Barrow, Altom and Lunsford were in a staff meeting the first time he heard of the need for data related to Shenanigan's calls for service to be used for some kind of action against the club. Baine said Slaven was not sure what they wanted but he knew they had a reason to ask for them. When the data was returned, Slaven indicated Clears said the numbers were raw and Barrow indicated that the higher the numbers were, the better. Shaven recalled an additional staff meeting where Barrow presented the numbers to Council after which Altom and Barrow talked about cleaning up the numbers. Steven said Altom specifically said he would work on the data instead of Cleere. Helfand asked that Baine summarize the statement he received from Lunsford. Baine read that Lunsford recalled Cleere being asked t compile information related to Shenanigan's by using the address 154811"' Street for a certain time period. He was first asked for two year of data, then three, and Lunsford said he was physically present when Clears presented ft numbers to Aftom and Barrow and indicated that they represented raw data. Helfand asked Baine it he had learned from Sgt. Kurt Landrum that the term "full- court- press" had been used in relation to the Shenanigan's data by Altom, and Baine said yes. Helfand asked if the arrest of George Russell factored at all into Baine's mistrust in Altom, and Baine said it did not. City Council Meetings of May 2010 Book "V" •Cagle asked Baine it it was his feeling that he was free to "fly his own mission" in a situation like this one, and Baine said yes. Cagle asked if that policy was written down somewhere, and Baine said no. Cagle asked about the sources of the statement memorandums given to the City as exhibits, and Baine said they were written by the individuals who made the statements originally. Cagle asked how the individuals knew the statements would need to be written down, and Baine indicated that the need for written memos was understood when the statements were made. Cagle asked about the lack of post- termination paperwork for Altom, and Baine said he had not asked for such paperwork to be completed. Cagle further discusses Baines actions before and after terminating Altom. Cagle also discussed the three sets of data regarding Shenanigan's, and Baine said material given to the Council was based on the 1,586 figure and a summary of the calls in that figure as well as information later provided. Cagle asked if Baine thought any of the character witnesses were liars, and Baine said no. Cagle passed the witness to Council. Mayor Turner asked for Council questions Councilmember Ray referenced Exhibits Bt and B2, and asked whether it was his understanding that those two exhibits were provided prior to the January 19 Council meeting, and Baine said yes. Ray said that sometime after that, the number 1,700 with the majority being 911 calls dropped down to 1,586, then 750, then 545 with very few 911 calls included. Councilmember Ray mentioned the man who was killed near Shenanigan's, who, the Council heard on January 19, had actually been thrown out of Shenanigan's. Baine said he did not know if the autopsy results were sealed or not, but that he was told that the man had no alcohol in his system. Ray asked what material facts there were that may have been important, and Baine said it appeared that two men were stealing purses from nearby cars, locked them in the victim's car, and then the two men had a falling out of some kind and the first stabbed the second to death. Baine said he thought Altom made a statement to the Huntsville Item regarding the incident. Ray asked if Baine remembered whether Altom was present on January 19, and Baine said he did not know. Ray asked why Barrow left the City's employment, and Baine said Barrow was gone because Baine felt he was being deceived intentionally. Ray asked Baine who he thought Ray felt was behind the George Russell arrest, and Baine answered if was the District Attorney. Mayor Turner asked for Cagle's rebuttal witnesses, and Cagle said he did not have any. Mayor Turner gave the attorneys permission to proceed with their closing arguments. Helfand said the evidence showed very clearly, especially through the testimony of Barrow, the police department had attempted to misrepresent to Council and to the City Attorney that a City business was operating at a much different level than it actually was. He stated •that Barrow came to the hearing and admitted that the data presented to Council was "embellished" in such a way that it made the establishment, Shenanigan's, look worse than it actually was. Helfand cited the statements of several officers involved in the incident, who all stated they knew the data being presented was raw and misleading. Sadly, Helfand said, Altom refused to acknowledge his own role in that situation, to acknowledge that he had been less than truthful. Thus, Helfand said Baine had not only proven just cause for removing Altom from employment of the City, but Altom's own refusal to acknowledge his role in deceiving the Council and the public demonstrated that Attom was not fit for the position of Captain. He concluded that anything but to uphold Baines decision would be a disservice to the City. Cagle began stating that, after going through Altom's personnel file, he felt the City was lucky to have an employee with outstanding evaluations, extensive training and 21 years of experience. He said it was obvious the City had invested a multitude of funds in Altom's continued training and education. Cagle said there should be documents for the Council and the administration to refer back to related to Altom's termination outside of an after -the -fact investigation, and that job security was in danger for officers in the City. Cagle also addressed Baines lack of compliance with written termination procedures. Cagle said his goal was to get a fair shake for Attom, and that he was not asking Council to do the easy thing, but the right thing. Helfand stated that both sides wished for a fair outcome, citing the City Charter as a document that appoints the City Manager as Chief Executive Officer for the City, making terminations under his discretion. s 3. EXECUTIVE SESSION Council recessed to Executive Session at 10 :44 p.m. as authorized by Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of an employee -Wes Altom. 4. RECONVENE The Council reconvened into open session at 11:28 p.m. Mayor Turner addressed the importance of the hearing. The City Manager has met his initial burden of establishing that the dismissal of Mr. Altom is supported by lust cause: Mr. Altom has failed to show that his dismissal was not supported by lust cause: The City Council's decision and finding are based solely on the evidence and testimony presented at the hearing or was prefiled with council: City Council Meetings of May 2010 Book "V The City Council's decision is based solely on the evidence presented: Based on the evidence and testimony presented at the hearing the City Council believes the decision of the City Manager to terminate the • employment of Mr. Altom should be sustained and that just cause exists for this dismissal. Councilmember Wagamon seconded the motion. Mayor Turner opened the floor for Council discussion. He stated that the decision was difficult, and it was not easy to make the kind of judgment required in the hearing for a person who had played a valued role in service of the City. However, Mayor Turner said, it was also important to consider trust in those in service of the City. Speaking for himself, Mayor Turner said the decision was one he had to make and that was the reason he was comfortable in making the motion. Councilmember Wagamon said, in the hearing, it was not offered by Cagle or the Council that the decision to uphold Altom's termination had anything to do with payback for George Russell's arrest. He said there was never anything offered by Council, and that there was a good -faith effort made by himself to try to get that claim substantiated. He said he hoped the public could appreciate that, given the opportunity to address the issue, there was nothing offered to substantiate the claim, not a word. Councilmember Barrett said there were several things for him to address related to the agonizing decision. First, he addressed the idea, sincere on the part of some, about the decision having anything to do with George Russell. Barrett said he spoke for himself in saying it was absolutely preposterous that the event would influence in any way the decision to be made regarding Altom. Barrett said he wanted to say a little bit about the Shenanigan's numbers, backing up to when the decision was originally made to extend drinking hours by two hours. No one, he said, spoke more against the decision than he did, and he said he could wish that the kind of turnout present for Altom's hearing had been present for the decision to extend the drinking hours. Barrett said maybe, had such a turnout been present, that the hearing regarding Attom's termination might not have happened. He said he still maintained an interest in how the extension of those drinking hours has affected the City with respect to arrests and crime, and that the numbers discussed in the evening's hearing applied to those effects. He said it was very important to have reliable figures with which to make decisions and serve the citizens of Huntsville, and he felt he had no idea haw long it would take to get reliable figures after the events that occurred. Barrett said he agreed with Councilmember Woodward concerning the separation of powers, saying that he has stood resolutely by how the Charter lays out the roles of City administration. He said he had never discussed personnel issues with the City Manager, and he had a role to play whether he agreed with the personnel decisions of the City Manager or not. He said he had to consider whether the decision at hand was within the purview of the City Manager or not, and that the decision regarding Altom was in that category. Barrett also said it could have been handled differently, but it was the City Manager's decision. Barrett concluded that the positive statements made regarding Altom during the hearing had been accurate, and his decision was not based on his character but on an analysis of whether the decision to • terminate Altom was in the purview of the City Manager. Councilmember Woodward said he regretted that Huntsville was having . to go through the hearing. He said he was not going to support the motion for two reasons, based on information submitted during the hearing. Woodward said he could not, in good conscience, say that Altom intentionally misled the Council or falsified information. He said he felt it was difficult to get a handle on specific figures based on a location. Woodward also said he thought it was owed to employees to follow a specific process when they have done wrong, and he did not feel the City went through that process. Woodward said he still supported Mr. Baine, but felt there was more to the situation than was on the surface. He said he had a great deal of respect for the Council, Altom and Baine, but felt the situation was mishandled from the beginning. Councilmember Forbus said the decision was very difficult, but that he felt the Council needed and did not receive good information, and thus he would support the City Manager on his decision to terminate Attom. Councilmember Zender said the Council was given inaccurate information and she did feel the decision to dismiss Altom was in the purview of the City Manager. She said she did not see how the City could continue to employ Altom under the condition that the City Manager did not have faith in him. Councilmember Ray said the situation was sad, and that he was convinced the witnesses for Altom, namely Davidhizar and Smith, were telling the truth about Attom's character. However, he said, it was undeniable that there was a deception perpetrated on the City Council, City Manager and citizens all at once, and that the Council was asked to make a decision that could affect the entire city based on that deception. He said he had hoped that some evidence would be presented by Altom to show lack of involvement or penitence, but that he did not feel Altom furthered his cause by attacking the Council, bringing in the former Interim Chief Barrow who was also involved in the deception, and not even admitting that the original figures submitted were wrong. Ray said if Altom had wanted a `fair shake" that he should have presented his case, Further, he stated that Cagle using Barrow as a witness to testify in opposition to statements made and recorded in previous Council meetings was not due diligence, and that it did offend him personally. Mayor Turner called for a vote. The Council voted 6-1 with Councilmember Woodward voting against upholdiro Baines decision 5. ADJOURNMENT Mayo umer ad umed the mee at 11:52 pm. as r ,City S •