ccswks 05-28-1988
142
SPECIAL MEETING OF THE CITY COUNCIL
MAY 2~, 1988
The Schertz City Council convened in Special Session, Friday, May
2~, 1988 at 7:"~ p.m. in the Conference Room of the Municipal
Complex, 14"~ Schertz Parkway, Schertz, Texas. The following
memJ:>ers were present: Mayor Earl W. Sawyer, presiding; Earl P.
Hartzog; Hal Baldwin; Ray Stanhope; Adolph Aguilar and Ken
Greenwald. Staff present were City Manager Jimmy G. Gilmore and
City Secretary June G. K~ause.
Mayor Sawyer called the meeting to order stating that the meeting
was called at the request of Mr. Baldwin, Mr. Aguilar and Mr.
Hartzog.
.1 BEARIRG OF RBSIDBftS: None
.2 Discussion of accountability of police property.
Mr. Baldwin said he had 'recei ved 'a call that the Fire Department
had been notified to go down to the police department and stand
by for burning of paraphernalia that was in the property room.
It bothered him because the property room is one of the subjects
of consideration of investigation that Coooncil may possibly be
doing and he did not think it appropriate to destroy anything in
the property room until after the investigation is complete. He
then called Mr. Aguilar and Mr. Hartzog and they agreed with him.
So at that point he called the Mayor and asked that this meeting
be called.
Mr. Aguilar said he thought it's only proper to hold anything in
abeyance until after the investigation or whatever. Because that
property has been there for several years as we noticed on the
inventory. We want to see in the past how it was maintained.
Mr. Gilmore said first off the burning was not. at his order.
Secondly, the property that was burned, was never a part of the
property room, nor a part of the inventory nor apart of
evidence.
Mr. Aguilar said nevertheless he felt Council failed to state
when they asked for information, not to touch anything. And if
they did not say it then we want to say it now.
Mr. Baldwin asked what was the property that was burned.
Mr. Gilmore read a statement he had gotten. .On this date James
T. MacSorley contacted Chief Melton to request a fireman and fire
truck stand by while narcotic paraphernalia and drugs were
destroyed by burning the items. These items included thongs,
pipes, syringes used and different types of narcotic holders.
The drugs were destroyed by marijuana, marijuana seed, speed, LSD
and different types or drug look a likes. These items were from
the Schertz Police Department School kit that was replaced with a
,il~m~',iirl!';);"._~
\
I
I
o
o
o
(--~~
143
!
i
new kit. It is taken to different schools and C1V1C
organizations to educate the public as to what narcotic
paraphernalia looks like. The destruction was carried out
! between eleven and twelve 0' clock today with myself, Scott Lee
Schertz Fires Department and Ralph Rodriquez, Fire Department"
Mr. Gilmore said it was burned without his knowledge.
Mr. Baldwin asked where the paraphernalia came from.
Mr. Gilmore said this came back from Schoonover's day. It is a
hand made kit he made up. Mr. Gilmore said he had the remainder
of what was burned. It was tin cans etc.
Mr. Baldwin asked if any of the material was used in
investigation or confiscated in a raid.
Mr. Gilmore said if it was it was done during Schoonover's term
and can not be traced. It was not part of the inventory nor a
part of the evidence. It is someth.ing that has been here for
ages. We now have two professional kits. They chose an
inopportune time to do this, granted. Mr. Gilmore said Council
has the inventory list prior to this happening, and that is all
that belongs in the property room.
Mr. Aguilar asked if the new kits that have been received were
, received properly through documentation, through an office.
Mr. Gilmore said yes, but it is not logged into the property
room. The old one was just hand made stuff.
Mr. Aguilar said he had seen it in the past and he thought it was
equipment that had been used and acquired through previous
investigations or such.
Mr. Gilmore said all the paraphernalia that is on the top shelf
is still there. All that was gotten rid of are some bongs, pipes
etc. that was in the hand made kit that they would take to the
schools to show the kids. Some of the drugs were unidentifiable.
Mayor asked if what the Council wanted to say was do nothing with
anything in the police department until after Council decides
what they want to do Monday night.
Mr. Gilmore asked what he should do with the new stuff coming in.
Mr. Hartzog, Baldwin and Aguilar said it should be property
logged in.
Mr. Gilmore said the old property book is there but we are now
starting a new one. The officers involved in this did not have
the full story.
I
i
I
I
l
144
Mr. Aguilar asked if Mr. Gilmore was aware that this was going to
take place.
Mr. Gilmore said no, not tpat the burning was going to take
place. Mr. Gilmore said Mr. Keith is on sick leave, he has a
pretty serious physical problem. In order to maintain the
property room, he now has to have somebody else maintain it. He
said he call Steve Starr off leave and asked Steve and MacSorley
to take the inventory and to 'make sure the- new book has
everything on the inventory. Prior to them taking a listing,
they had to see everything physically. While they were at it
they saw this stuff and decided to clean house.
Mr. Aguilar asked how long the Chief had been on sick leave.
Mr. Gilmore advised the day before. He has a problem with his
diabetes and about IB years ago he had a flare up and ended up in
the hospital cardiac unit for about IB days.
Mr. Greenwald said the Chief does not take the insulin shots but
does take pills and is on a diet.
Mr. Stanhope asked the City Manager if he was going to take
control of the old property book.
Mr. Gilmore said if Council preferred he could take it over to
his office and'lock it up. Council preferred that he do this.
Mr. Baldwin asked if it was possible to get the book this night.
Mr. Gilmore said he could because it had the key to the property
room..
Mayor Sawyer asked Mr. Gilmore to pick it up that night and
secure it over on this side of the building. Mr. Gilmore said he
would pick it up and let Mrs. Krause lock it up.
Mayor Sawyer asked if basically what Council wanted is for Mr.
Gilmore not to make any changes in the police department pending
further notice.
Mr. Baldwin and Mr. Aguilar said anything to do with the property
room and inventory.
Mr. Stanhope asked if Starr would be acting Chief and Mr. Gilmore
said he was not sure as yet.
Mayor Sawyer said we do not know as yet just how long Mr. Keith
is going to be on sick leave, and he said he thought Mr. Gilmore
should handle that.
Mr. Gilmore said he has a good supervisor at night in Mr.
Kruetler and Mr. Starr in the day time with Mr. MacSorley.
~ 'IiI-
c
o
o
(~-~---_.~...._-----_._...
145
r
Answering questions of Council, Mr. Gilmore said when the Chief
is gone for more than a week, Kruetler takes over at night and
Starr in the day time.
Council then discuss the old kit, determining that there was no
listing of what it was made up of, nor was a listing made when it
was destroyed, because some of the narcotics were unidentifiable.
Mr. Hartzog asked the status of the new kit and was assured by
Mr. Gilmore that it is locked up. Mr. Aguilar said probably we
should take a picture of it.
Mr. Gilmore said a whole new procedure should be worked out.
Mr. Hartzog referred to the Personnel Policy which state the
I property custodian and alternate are appointed by the Chief. He
then asked who the current custodian and alternate are.
Mr. Gilmore said the Chief was the only one and had no wr itten
alternate. We are appointing new ones now.
Mr. Hartzog asked if the new ones have been updated on the
proceaures for doing this. Mr. Gilmore said we are writing whole
new procedures to comply with State laws and procedures.
~
Mr. Hartzog said it was his understanding that anytime anything
is disposed of it should be signed by the Judge.
Mr. Gilmore said that is incorrect. If it is evidence or used
in a court case, and that court case is decided and they turn the
evidence back over to us, which they seldom do, then the judge is
the only one that can get rid of it. Normally what happens here
is if we make a drug Dust, the officer logs it and tags it and
then you have a continual string of the path it takes. It goes
to the lab and they come back with the analysis. Normally from
there it goes to the DA, most of the stuff does not stay here.
Mr. Stanhope asked who can author ize the release of the stuff
that does come back, for burning.
Mr. Gilmore stated that 18~ days - if it is junk of no value,
then it is written off the books and destroyed. The Chief has
been making that decision.
Mr. Gilmore said if it is of value, then it is transferred to the
City. After that, it can be disposed of by auction or the City
can maintain it.
Mr. Stanhope then asked who signs the order.
Mr. Gilmore said if it is of value, he would be the one. He said
we have a safe full of stuff that might be of value - broken CBs
etc.
l
146
~
I
Mr. Aguilar asked why some it kept in separate place.
Mr. Gilmore said this is after the 18B days and it is no longer C:
evidence and of no use and is just taking up storage space, then
it is transferred over here. He said it was inventoried, the box
is sealed and placed in our safe.
Mr. Aguilar asked if there is a policy of how long we retain
property after it is no longer evidence.
Mr. Gilmore said when we have enough equipment to make an auction
worth while. It is very hard to set a time because you may go
for years with only a small box. . Cars, motorcycle etc. goes
through the same auction as San Antonio.
Mr. Hartzog said if for instance there is a civil disturbance and
a hand gun is involved and there is not court action, can the
person come back in and get the gun. Mr. Gilmore said yes, the
next day he can. Mr. Hartzog said if ther~ are charges filed,
what then. Mr. Gilmore said then the DA has taken possession of
it and we do have receipt for it.
Mr. Hartzog asked where the procedures we have come from. Mr.
Gilmore said the ones being made up would be in accordance with
State law, from TML, police schools, etc.
Mr. Hartzog asked if Council would have any objection if he would n.
ask Captain Dean of the Texas Rangers to come in at Monday's I
meeting and talk to them about disposal, logging and controlling LJ
of property. .
Council had no objection, he could speak under hearing of
residents. Mayor Sawyer said he would like to hear what he has
to say and anytime during the open part of the meeting.
Mayor Sawyer said that the Councilor at least three of them
would like for the City Manager to pick up the property room book
and secure it for safekeeping and to not make any changes to the
police department until at least after Monday's meeting.
.3 BXBCM'IVE SESSION: Mayor Sawyer called an executive
session under Article -6252-17. Vernon's Texas Civil Statutes,
Section 2 (g) to discuss personnel at 7:29 p.m.
The Special Meeting was reconvened at 8:32 p.m.
. ,
Mayor Sawyer made the following statement: -The City Council has
unanimously requested the City Manager to immediately place the
Chief of Police, James Keith, on indefinite suspension with pay,
pending the completion and results of an investigation of the
police department; and Investigator Steve Starr be named as
interim Chief as requested by Council. The Council further 0
instructs the City Secretary to add to item 3 of the agenda for
Monday night as 'Executive Session called under Article 6252-17
.,: ,...;;:"It:':'!.,,J:;l,: ' ..!__,
(--- ---
I
Vernon's Texas Civil Statutes, Section 2
consultation on personnel and departmental
evaluation and employment of the City Manger."
147
(g) for
problems'
a legal
and the
#4 ADJOURRMENT: Mayor Sawyer declared the meeting to be
adjourned at~ 8:4Z p.m.
ATTEST:
r-
,.--
,
I
i
I
l