February 18, 2015 - Timpson Police officers have once again received a reprieve from their possible loss of employment as the Timpson City Council, for the third time, presented the adoption of an amended budget and reduction of police during their regular meeting.
A large attendance of citizens, business owners and legal advisers populated the meeting room of the Timpson Council during their meeting on Tuesday, February 18, 2015 with the municipality's peace officers wondering for the fate of their jobs. Three speakers addressed the council on behalf of the officers and the need of 24-hour law enforcement in the city.
Those who spoke include Tony Smith, local business owner; Vaughn Myers, resident; and Noel Johnson, Lead Field Representative for the Texas Municipal Police Association (TMPA). Smith issued a petition to the community in Timpson which garnered support by way of 114 signatures from citizens in support of the police officers (see related article). Myers warned that cutting down the police force would cause a rift in the department, make the officers that are not let go seek employment elsewhere, and officers who take their place would not be of the same ilk as officers currently on the force.
When Johnson addressed the council, he painted an ominous picture of what it would be like with a reduced police force and suggested the reduction was not entirely because of the budget.
"We are very concerned. The officers that work for this department want to be here, they want to serve the citizens of this community. The citizens of this community should be very concerned, because if you get rid of even one officer you will reduce your ability to have 24-hour coverage," said Johnson. "Shelby County [Sheriff's Office] on many nights just has one deputy on duty, a couple of their deputies have informed me it would easily be a 45 minute to one hour response time."
Johnson commented the TMPA had some of their staff review the city of Timpson budget and according to their review there is no reason to reduce the police force before the end of the budgetary year. There were other things which Johnson says piqued his interest as an 18-year investigator and he shared allegations about council members with the council.
"In July or August of 2014 Councilman [Ronnie] Wolfe approached Officers [Thomas] Jernigan and [Michael] Williams about hiring a Timothy Gibson, who owed Councilman Wolfe money for a bond he had paid on Mr. Gibson, to come to work for their side business which they have to have because they could make more money at other departments," said Johnson. "If it was insinuated or the idea that we're going to have a reduction in force came as a result of Officers Jernigan and Williams not hiring Mr. Gibson, that would be official oppression. We do plan to contact the Attorney General's Office and their office of public integrity and see if there are criminal charges that could be filed in that case."
Johnson stated undue liability would be brought on the city if the reduction were proven to be due to some kind of retaliation. In relation to this, he described an incident in which Councilman George Grace was issued a citation and a statement Grace made to a constable about his opinion of the police department.
"Councilman Grace on October 24, 2014 received a citation for parking in front of a fire hydrant. It's my understanding that Councilman Grace is a volunteer firefighter, so I would hope that would not be the case. After he contacted the [Justice of the Peace] on the citation he apparently told Constable Stanley Burgay, Precinct 5 Constable, that he supported the officers until he got the citation," said Johnson.
The council was presented with three budget options and over the course of three separate meetings failed to pass a motion to approve any of them. Instead, on more than one occasion including at this meeting Kyle Allen, Councilman, has made a motion to approve a budget that kept the five man police department; however, a second of his motion has not been heard at any time and the motion subsequently has failed.
Resulting from the council's failure to approve an amended budget which was presented the 2014-2015 budget was once again automatically adopted.
As the subject of the reduction in force of the Timpson Police Department was broached, Councilman Wolfe stated he obtained from Barbara Hunt a report of all of the expenses of the police department from January 1, 2014 to January 1, 2015. He then said he acquired a report of the revenue earned by the police department through the municipal court from Paula Mullins.
"When I subtracted those two figures we were $272,000 deficit in the police department. Now we've got when Mr. [Kent] Graham and [Mayor Debra Smith] brought to the council a four man department, we did it. I wish we had 10 policeman, all our guys do a great job. It's not about their job, it's not about having somebody to call, it's about money," said Councilman Wolfe. "We cannot continue to lose $240,000-plus a year, we can't continue to do that. If we've got $1 million, in about four years you're going to go broke."
Wolfe reiterated the issue is not about job performance, but is about money. He accused Mayor Smith of padding the budget and the exchange between Councilman Wolfe and Mayor Smith became somewhat heated, "You Mayor, back in November, you padded the budget with $175,000 sale of land out here that we did not have even an earnest money contract, we didn't really have a bonafide offer on it and you listed it as revenue to make the budget look better."
Mayor Smith disagreed with Councilman Wolfe and denied padding the budget, she explained how budgets by nature are plans and not guaranteed, "It's a plan, we had a plan to sell the land we spent money to sell the land, we paid for an appraisal to sell the land that came in at $100,000 and our council in their esteemed appraisal wisdom decided they didn't want anything less than $250,000. So we wasted $1,000 to get a certified appraisal for land. So, when you point your finger and tell me I padded something, no I didn't."
Councilman Wolfe referred to his time on the council beginning in 1980. He stated the city had just come off of being dead broke and there was a total of $22,000 in all accounts across the board. Wolfe then said that is where the city is heading again and he suggested a self-fulfilling prophecy scanario, "When Mr. Graham and you, Mayor, brought this five man department I told Mr. Graham and if he'd tell you, I told Mr. Graham, 'When this doesn't work, we're going to be back in here doing a [reduction in force].' It's in the minutes."
Kyle Allen, Councilman, cautioned against risking the safety of the citizens of Timpson and suggested the purpose of the funds in the bank is to put the money back into the community.
"What we're taking away is the insurance policy that all the citizens of this town has by reducing the force. I'll agree that it's an expense and that it's a large expense, but I don't feel that the safety of everyone in this community should be jeopardized on something that is not adversely affecting the budget in an overall manner. When we get to the end of the year and we've got more money in the account than when we got started, this isn't designed to make money. We shouldn't have more money each year in a city, we should put the money back out into the town to protect the citizens and to improve the city," said Allen. "Just because we've got a million bucks in the account that does not mean that we should try to have $1.2 million next year. This isn't a for profit business and if we came out with more money working with those officers this last year, I find it ludicrous to think that we need to get rid of them for any other fact than a budgetary reason which seems not to exist in my mind."
Wolfe referred one more time to the budget which contained $175,000 projected for the sale of .96 acres of land and stated that amount placed the city in deficit in November. Allen agreed with Smith's earlier statement that a budget is a plan and it can be reworked.
"When you look at last year working with these officers we came out with more money than what we started with, so I don't understand where the budgetary need comes from and that's just me personally," said Allen. "I understand down the road we might have a situation that arises where we have to get rid of officers, but I see in no manner, in no way that it is something that needs to be put on the table right now, and we've drug these guys along for three months talking about this and we have absolutely no reason to do it."
Allen and Wolfe continued to disagree on the police department having lost $240,000 because the budget covers all departments and needs of the city, not just one.
"Everything that happens in this office is an expense, every employee in this office is an expense that doesn't make us any money, so it runs as a whole, they're all parts of the same machine. So whenever we end up with more money at the end of the year than we started with, as a team we won, as a complete business entity we won," said Allen. "No matter if the police department's negative $240,000 or the electric company's negative $240,000, the one thing that I think that we're jeopardizing is the safety of the individuals that live in this town. I know for sure, we have a volunteer fire department, if my grandfather falls out with a heart attack a police officer's going to be there way faster than an ambulance, and that's just something that I don't want to jeopardize. Until we end up coming in here and we're looking on the bond market to buy municipal debt I don't think there's any reason to jeopardize what we have right now."
After Allen completed his statement it was met with resounding applause from the audience. Mayor Smith then shared with Wolfe a comparative report from January 2014 to January 2015 and across the board there were positive gains with such exceptions as the fire department purchased a vehicle, reflecting a decrease in funds. As another example, in the police account there was $13,785 in 2014 and in the police account currently there is $18,195.
"I just can't see how a lot of you people that's in this room are business people," said Wolfe.
No motion was ever made in reference to reduction in force of the police department.
Following the meeting Noel Johnson was available for comment on the outcome, "They're playing games with employees lives, so now the whole department will go for the next month, 'next month will I be out of the job?' and at some point there's got to be some accountability in local government. They need to be accountable to themselves and step up and make a decision," said Johnson. "I think the train is rolling and more and more people are noticing the inability of the majority of this council to make a decision. A couple of those council members will be up for election in May and I have a feeling the citizens of this community will un-elect them in May and get some skilled professional leadership in city council."
Police Activity Report for the month of January: 31 agency assists, 12 motorist assists, 4 escorts, 9 extra patrol requests, 3 calls for loose livestock, 4 animal complaints, 7 warrants served, 3 theft cases, 1 assault, 3 DWIs, 11 disturbances, 1 case of public intoxication, 3 calls for suspicious persons, 5 calls suspicious vehicle, 2 reckless driver calls, 1 resisting arrest, 1 disorderly conduct, 14 investigations, 1 case unauthorized use of a motor vehicle, 1 possession of a controlled substance. Total calls for service 117 with 9 arrests Municipal Court Report: 51 citations issued, 57 violations, 1 citation to a minor, 0 citations to juveniles. Total accrued money reported was $18,294.69 for the police department and municipal court. The city's portion 55% estimate $10,062.08
Items on the agenda receiving approval include:
Consent agenda items
A. Minutes from the regular meeting of January 20, 2015 with amendment from Ronnie Wolfe clarifying he requested a special meeting regarding the reduction in force to be held at the earliest possible time.
B. Financial statement for January.
C. Accounts payable for February.
Award bid to Barry Webb for $17,900 for trimming/cutting down trees in the electric right-of-way with completion date of May 15, 2015. Standard holdback procedure of 10% to be paid at 30 days following the completion of the job.
Resolution 021715-1 for the CDBG Block Grant application to the Texas Department of Agriculture for the Community Development Fund; and authorizing the mayor to act as the city's executive officer and authorized representative in all matters pertaining to the city's participation in the Texas Community Development Block Grant Program for the 2015-2016 funding cycle.
Order of notice, General Election to be held on May 9, 2015 to elect three City Council members.
Interlocal agreement between Timpson ISD and the City of Timpson to hold a General Election May 9, 2015.
Accept resignation of Barbara Hunt as of April 30, 2015.
Advertise and take applications for the position of City Secretary. Applications must be turned in to the city hall by March 10, 2015. Advertisements to be published in The Light and Champion, Our Town Times, Shelby County Today the City of Timpson website and TML for City Secretary. Interviews to be held on March 17, 2015 at the next regular meeting.
Authorize the mayor to hire an election judge and clerk subject to approval by the council for the upcoming General Election early voting period, April 27 through May 5, 2015 and the May 9, 2015 General Election.
Adjournment.
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