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SPECIAL MEETING OF THE CITY COUNCIL
MAY 23, 1988
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The Schertz City Council convened in Special Meeting, Monday, May
23,1988, at 7:~B p.m. in the Council Chambers of the Municipal
Complex, 14B~ Schertz Parkway, Schertz, Texas. The following
members 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. Krause. Also Attorneys Jeff Kuhn and
Michael L. Spain.
11 CALL TO ORDER: Mayor Sawyer called the meeting to
order, saying that the-meeting was called last Wednesday mainly
for an executive session.
12 BEARIRG OP RESIDBftS: A. Mr. Chuck Sharpe of 12B~
Antler Drive gave -the following statement: "The City of Schertz
and this Council is being raped by a few people who are not
concerned with right or wrong. I, for one, am not ready to lay
back and enjoy it. I have worked too hard, most of you have
worked too hard, to let this city become divided by a few people.
I have the utmost respect for law enforcement officers who,
daily, put their lives on the line every time they turn on their
overhead lights or are called to quiet a loud party. I respect
these demands on their physical courage. What I have problems n
with is those who have a mental yellow streak down the back of I i
their skull. ~
You, the City Council, the City staff, and the citizens of
Schertz have taken a beating by articles appearing in the
newspapers. I commend the Council and staff for not returning
some of the rocks which have been thrown. The reason some of
those rocks can I t be thrown back is when you pick them up and
examine them for facts - they simply disintegrate into nothing.
Especially one letter, which after about 18" of print or "bad-
mouthing" the Schertz and Live Oak POlice Chiefs and Departments,
concludes with and I quote .I only wish that I had some good
first hand information that I could lay on these two" Poof! Just
dust.
One of the items asked for by petition was to look at the "day to
day operations. of the police department. I searched for some
information which could be used by the council to respond to the
petition. All other items on the petition had been discussed
before. (here Mr. Sharpe handed out some informational figures)
The following data was gathered from the Alamo Area Council of
Governments (AACOG). It was prepared by the DPS Uniform Cr ime
Reporting Bureau, for the Criminal Justice Division of the State
of Texas. A total of seven index crimes are used in this report. n
They are: Criminal homicide, forcible rape, robbery, burglary, I i
theft, aggravated assault, motor vehicle theft and arson. LJ
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Schertz has the 2nd lowest indexed crime rate of comparable
r- cities in this area for the year 1984 and 1986. AACOG did not
have the crime rates for 1985 and the first half of 1987
computed, nor have I had time to do that by this meeting. But a
quick look and I am confident that Schertz has the lowest crime
rate for 1985 and the first half of 1987. In the percent of
offenses cleared, Schertz is in the middle of the pack - no~ ~he
highest nor the lowest. I hope the Council will cons ider this
type of information in their deliberations.
I have read the minutes of all recent open meetings of the
Schertz City Council. I cannot find where the Council, in open
lmeetin~, as required by State law, voted to conduct an
investJ.gation of the police department. A major ity of the
Council on Apr il 27, 1988 agreed not to answer Mrs. Courtney's
request for an Ad Hoc Committee", but a vote not to take an
action does not constitute authority to take a different action.
Yet, on Friday May 2~, 1988, the Mayor announced in open session
after returning from a closed meeting, and I quote "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" end quote. The Mayor
also added a sentence about an executive session for tonight's
meeting for consultation on departmental problems and the
evaluation and employment of the City Manager.
Through your haste and panic, you may have violated the open
meeting laws by taking action in an executive meeting rather than
in an open meeting. However, I don't think it was intentional.
Through your haste and panic it appears that you have lost a
valuable city asset. I am speaking of the services of Mr. Jimmy
Gilmore. As all of you know, the City charter is clear - the
City Council can hire and fire the City Manager only - the City
Manager has the sole responsibility for all other personnel
matters. From what I can piece together after last Fr iday' s
meeting, the City Manager never had the chance to exercise his
options. I only hope that some agreement can be reached to keep
Mr. Gilmore, without ask ing him to compromise his pr inciples,
which I deeply respect.
Through your haste and panic you may have put the City in
jeopardy for a possible lawsuit which could have been avoided.
If you vote to have an investigation, and it appears that you
will, may I suggest that you consider whether certain ex-
emplo~ees of the city and certain individuals of the city
conspJ.red to defame the City Manager and Chief of Police. What
you might uncover, might help remove some of the exposure of a
possible lawsuit as now exists. Thank you."
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-'B. Mrs. Ruth Keller of 65. Marilyn Drive said that about five
Friday afternoon she saw a red and white pickup with a flat bed
trailer backed into the garage being loaded. She went on to say
that with the fire in the morning and this, she just wondered
what was being done.
Mr. Gilmore said the truck she saw belonged the the Chief of
Police who was removing his personal property from his office.
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C. Mrs. Doris Courtney asked if the Chief was not sick for two
days before that. Mr. Gilmore answered that the man is very
sick and under doctor's orders. Also he may have to be
hospitalized later on. He is too sick to work but does not have
to stay in bed.
Mrs. Courtney reminded Council that she starting asking for an Ad
Hoc Committee to investigate on. April 5th of this year and she
still has not gotten a response. She said it made her very
suspect that the Chief of Police was out sick and that he is down
at the office removing his property. She said she still requests
this investigation. She ended by saying that she was sorry Mr.
Gilmore felt he had to resign.
Mr. Gilmore said WI assure you it is not over this particular
matter.
D. Michelle Tereletski said she fully SUpports what the Council
is trying to accomplish, regardless of which person is right or
wrong, she felt it should be investigated.
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E. Mr. Hank Malone of IB61 Richmond asked if the Council
suspended the Chief or did they recommend to the City Manager to
suspend him.
Mayor Sawyer said it was requested by the Council that the City
Manager suspend Chief.
Mr. Gilmore said the Chief was not suspended at that time.
Mr. Malone then asked Mr. Gilmore if he has suspended Chief
Keith.
Mr. Gilmore said no, that he is not suspended at this time.
F. John Yeater said most of Council knows what happened to him.
He said as stated in his previous statement to Council, he wanted
to make sure that Council understands it was not a threat. He 0
said he would also like to state that he was terminated. He said
he was given the choice of resigning or being terminated and he I
chose termination. He said he did not feel what was going on was
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correct and he was not going to leave his job. He went on to say
that since then he has been threatened and he would like to find
out a little more about that. He said he wanted to know if
anyone here believes that he uses narcotics. He specifically
asked Mr. Gilmore and Mr. Gilmore said he did not know. Then he
asked Mr. Starr and Mr. Starr said he did not know either.
Mr. Yeater then said he does have a typed statement that he will
present at the next workshop. He said he had some more
information he needs to collect before he has it complete.
Mayor Sawyer said to Mr. Yeater that he made a statement to
1 Council the last time he was here which said "you are trying to
, decide whether or not to bring suit against the City and certain
i officials that represent the City. Basically 11m not that
familiar with the procedures of the Council since of course
police officer were always shunned from getting getting involved
in City government. I would like to talk with some of you all a
little bit more on maybe how we can address some of these
problems. As of toady, like I said, I've waited kinda patiently.
I cannot see nothing has really been done. However if any of you
have any suggestions on how you would like to work it out with
me, then I will be more than happy to work with you. I would
rather do it like I said in an in-house way because I'm not here
to smear any person or the City of Schertz. That's one of the
furtherest things that we want to do right now. I will say that
the FBI, Texas Rangers and some other people from the District
Attorney's office is involved on a stand-by type thing now and
they are waiting on some documents and some information that I
have that I'm holding." Mayor Sawyer then addressed Mr. Yeater
saying that if you are indeed holaing any information we will
give you a little bit of advice. I would turn it over to the
FBI, the Texas Rangers or the County Attorney, if it's criminal
in nature or you are guilty of doing something wrong. I hope
that is clear. I didn'~ appreciate you coming and threatening me
or this Council.
Mr. Yeater said like I said I wanted to make it aware tonight
that it was not a threat. What I would like to do and what I am
trying to do is work directly with the Council. In other words I
would have rather come in and talked to you'll and explain the
information I have instead.
Mayor Sawyer told Mr. Yeater that if he had evidence of a
criminal nature against this City bring it forward.
Mr. Yeater interrupted by saying "You'r trying to say now that I
am withholding evidence.
Mayor Sawyer replied "That is what you said."
Mr. Yeater said "That's not withholding evidence.
there has not been a criminal case brought yet."
First off
Mayor Sawyer answered that Council would look forward to Mr.
Yeater bringing that up to the DA.
Mr. Yeater then said "If it has to go that route, then that IS
fine. ..
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Mayor Sawyer said he would appreciate Mr. Yeater doing that, -- it
should shed some light on his case and ours. Thank you.
Mayor Sawyer addressed the audience saying that he appreciated
their attendance. _ He said he saw quite a number of city
employees and he could understand their concern for the City. He
said Council had received several complaints from distraught ex-
employees - as you know if you read the papers. I believe I am
going to write a column to the Herald next week and present it to
them to print what I perceive from at least two of these
gentlemen. I think this gentlemen here was trying to coerce the
Council into an out of court settlement with him. Mayor Sawyer
said he was not not sure - he could not prove it - but it sure
sounds that way from reading his statement to the Council.
~t this time we are going into an Executive Session and everyone
is invited to say.
#3 EXECUTIVE SESSION: Mayor Sawyer called an executive 0
Session under Article 6252-17 Vernon's Texas Civil Statutes,
Section 2 (g) for a legal consultation on personnel and ,
departmental problems and' the evaluation and employment of the
City Manager at 7:29 p.m.
The Special Session was reconvened at 1~:26 p.m.
Mayor Sawyer stated they had an executive session and at this
time would like to ask our lawyer, Mr. Spain, to speak on our
concerns.
Mr. Michael L. Spain said he had been asked to address one
principle concern of the Council - what exactly the City can and
can not do in the conduct of an investigation of a City
department. Th~re are two choices that the City has available to
it in conducting an investigation under the Charter. The first
of those choices is under Section 5.83 G of the Charter and that
requires the City Manager to investigateoperati9ns of City
departments and report to the Council. The second manner of
investigation of Cil:y departments that tbe City has available to
it under Section 418 of tbe Charter and that permits the full
City Council to conduct investigations of the conduct of City
departments. There is no legal authority either under the
Charter or General State Law for the City Council to appoint an
Ad Hoc Committee to conduct any kind of investigations. There is UrlJ
an alternative though that may reach to same results.' Under
Section 5.~3 of the Charter, which requires the City Manager to
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investigate, it is permissible for the City Manager to employ an
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I independent investigator or auditor to assist him in
'investigation and preparing a report to the Council. So, while
there is no legal authority for an Ad Hoc Committee to be
. appointed by the Council, an independent investigation can be
I established by the City Manager.
Mr. Gilmore said he had a few statements to make. "First on May
18, Chief Keith requested that he be placed on indefinite sick
leave. He is currently on sick leave, with pay, and has not been
suspended. As of today, I have appointed Steve Starr to serve as
Actlng Chief of Police, to assume all duties of the Chief during
Mr. Keith's absence. Before Mr. Keith will be l?erm~tted to
resume his duties as Chief, I will require that he supply me with
satisfactory medical evidence that fie can fulfill all of his
duties as Chief."
To respond to the public and City Council concerns about the day
to day operations of the police department, I will contact
professional police associations and independent management
consultants to find out what kind of investigations and audit
they can conduct and the cost of the investigation or audit. A
report to the Council at the next meeting as to what has been
learned will be made to the Council.
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In regards to my letter of resignation, the City council has
asked me to reconsider. At this point in time, I have not come
to a final decision.
Mayor Sawyer then asked if anyone on the Council would like to
make any comments.
Mr. Baldwin said he would like to read a letter he intends to
send and would like to ask any member of the Council and Mayor to
join him in signing this letfer to do so. He said he will write
the letter to Captain Jack O. Dean of the Texas Rangers, Company
D of San Antonio. "Dear Captain Dean: Over the past several
months, the elected officials of this City have received numerous
complaints of alleged improprieties In the Schertz Police
Department. The major areas of concern involve the receipt and
disbursement of warrant fees and the accountability of property
in the police property room. As City Councilmen of the City of
Schertz we respectfully request the assistance of the Texas
Rangers to investigation the allegations of possible criminal
acti vi ty involving the Schertz Police Department. Your
assistance in this matter will be appreciated by all citizens of
our community."
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Mr. Stanhope said he would like to join Mr. Baldwin in that
letter.
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14 ADJOURNMENT: Mr. Aguilar moved the meeting be adjourned
at 1~.34 p.m.' Mr. Baldwin seconded the motion, which carried
unanimously.
ATTEST:
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