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Interim Chief of Police Louis A. Barrow, Jr.
From:
Assistant Chief of Police Shea Scott
Date:
October 5, 2020
Re:
Responses to Allegations
CE LIN
To:
A
MEMO
Factual Background:
OU R
On June 8th ,2020I was contacted by Mr. Samuel Jeter who informed me that Mrs. Jenifer Jeter, the City of Celina Director of Human Resources had pointed a gun at him and he also sent me a photograph with her in the presence of one or more controlled substances.
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On June 9th, 2020 the Celina Police Association president, Jeremiah Phillips, presented the evidence to the City Manager who downplayed the incident. The City Manager also asked Jeremiah Phillips to direct me not to file a formal complaint after the City Manager learned of my intent to do so.
RO U
On June 9th, 2020 I completed a formal complaint including criminal allegations of family violence assault and also possession of marijuana. On June 11th, 2020 I completed a written statement for our criminal investigation division that was forwarded to Denton County Sheriff’s Office regarding the allegations presented to me of family violence and possession of marijuana.
ED IAG
On July 16th 2020, the City Manager met with the Chief of Police, and in an angry tirade he told the Chief of Police that the criminal complaint should have never been filed. When informed that not filing the complaint would have violated the law, the City Manager told the Chief of Police that the Celina Police Depart should have violated the law then.
4C M
On August 12th 2020, both I and the Chief of Police were placed on Administrative Leave with the instructions to either resign or impliedly face termination. At this time, there had been no communication of why either of us should resign or why we would face termination. On August 14th, 2020 my attorney notified the City that my continued administrative leave and any termination would violate the Texas Whistleblower Act because I was being retaliated against for filing a criminal complaint against a city employee. On August 27th, 2020, we met to talk over breakfast.
On September 25th, 2020, I received first written allegations against me and for the first time saw the 10 allegations discussed below. This list also contained an 11th allegation that has since
been removed as not sustained. Later that same day, you told me we could meet on September 28th to discuss the allegations. However, you also told me that my attorney was prohibited from being present.
CE LIN
A
On October 1st, 2020, you provided me with your conclusions and told me I had 23 hours, if I wanted to make any additional defenses. Later that day, I asked for a week to prepare my defenses, and instead, you gave me until Monday at 2:00pm to provide such responses. You also informed me that a representative of Human Resources will be at the meeting. In other words, although I have every reason to believe I will be terminated today, I am never-the-less providing the following written responses to the allegations against me. General Response:
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The reason I am being fired is because I reported the Director of Human Resources for violating Texas law by being in possession of controlled substances and for pointing a loaded gun at her estranged husband.
Specific Responses:
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The allegations against me after almost two months on administrative leave are a pretext for retaliation.
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Allegation 1: You showed favoritism towards certain subordinates while bullying and retaliating against other officers, especially those who shared job-related concerns about you to human resources.
ED IAG
Allegation 2: You used audio visual equipment and capabilities and enhanced “tracking� capabilities on vehicles to Officer Hinshaw and Officer Marshall. It is alleged you did so without there knowledge and, further, that you did so in order to perform surreptitious and targeted surveillance of these two officers, both of whom had complained about you to Human resources. Response to Allegations 1 & 2:
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The essence of these allegations are that City of Celina would rather protect police officers who sleep on the job and spend hours parked behind the bus barn from merely being coached on their job duties, but will terminate an Assistant Chief in retaliation for doing his job – that is maintaining a high level of professionalism in the department he is paid to manage. For this allegation to be true, coaching would have to be considered bullying or retaliation, even if deserved. Indeed, both of these officers merely received a coaching. There was simply no retaliation because there was no negative employment action taken. These allegations are simply not the reason for the termination of my employment.
Additionally, I had no knowledge of the content of these or other officers’ statements to Human resources.
CE LIN
A
Further, the basis of the actions of myself and other command staff related to these officers, was not in retaliation for their actions related to the Human Resources investigation. Indeed, all officers were being interviewed by Human Resources, and all statements to Human Resources were confidential. Rather, the observation and subsequent coaching of these two officers was because the command staff received a complaint from a Celina Police Officer that these officers had been sleeping on the job and/or parking during their shift behind the school bus barn and talking to each other for hours instead of patrolling city streets.
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After receiving this complaint, we verified its veracity before taking corrective action. All police officers were well aware that their police vehicle had a GPS that always provided headquarters with the car’s location. The only additional information was acquiring a trial on a software application that would save these locations. This was acquired for free for only 1 car initially and was used to track Officer Marshall’s car. Using this software, we determined Officer Marshall was in fact goofing off while on duty by parking his car at the rock plant and city park for hours during his shift instead of doing his duty of patrolling the streets of Celina and protecting its citizens.
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In response to these complaints and subsequent investigation, we determined that appropriate remedial action was needed to ensure these officers performed their duties. This action was in line with prior complaints of this nature and were not conducted with any bullying or favoritism.
ED IAG
This action was a mere coaching of both officers. After these coaching sessions, both officers thanked me. The coaching sessions were not in retaliation for any actions with human resources, but a follow up on a complaint from a fellow officer. It would have been improper not to ensure the residents of Celina were receiving quality policing, and in my opinion as the Assistant Chief of Police, sleeping on the job and ignoring your patrol duties are not quality policing.
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Even worse, you are aware I have texts and recordings related to these allegations, and you did not ask for them and have failed to provide me time to prepare them for my defense. The fact that I conducted a normal follow up on a complaint by another officer, investigated the complaint using pre-existing GPS units known to the officers, and coached my officers up to proper performance is not why I am being terminated. Rather, the reason I am being terminated is that I made a criminal complaint on the Director of Human Resources after I received information that she had committed felony family violence, an allegation that having received, I am under the understanding that I am required by
law to report. If there is any question as to my duty to report family violence, the mere safety of the victim warranted my reporting of the incident.
A
3. Allegation: You spread unsubstantiated rumors that Officer Marshall was having an affair with the Human Resources Director.
CE LIN
Response: This is simply false. I never said Officer Marshal and Mrs. Jeter were having an affair or a sexual relationship.
The fact of the matter is the two had a relationship and that they would meet behind the school bus barn in their cars and talk at length while Officer Marshal was on duty. Whether this relationship was immoral, inappropriate, or sexual in nature, was never a topic of my discussion.
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The fact that a relationship occurred is simply the truth. The fact that it interfered with efficient police operations is also not in doubt. Therefore, it effected my job duties, which includes ensuring to the residents of Celina that they have an efficient police force. As such, the topic is within the course and scope of my duties.
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To be clear, if their conversations were work related, Mrs. Jeter had the ability to schedule him to come to her office while he was on duty. There is no indication that the meetings behind the school bus barn were part of any official duties. Rather, it appears that this location was used for the purpose of developing their friendship while Officer Marshall was on duty and scheduled to be patrolling the streets of Celina. The residents of Celina were not paying him at that moment to be developing his personal relationship, be it purely platonic or not.
ED IAG
Again, however, the essence of this allegation is that the City of Celina would rather protect an officer who goofs off on duty by talking with the Human Resources Director in a secluded location at night, than support the Assistant Chief who merely is seeking to maintain an efficient police force that tries to serve and protect the resident of Celina. This allegation is not the real reason I am being terminated. I am being terminated in violation of the Texas Whistleblower Act for filing a report that Mrs. Jeter had been accused of felony family violence and possession of a controlled substance, and because this complaint embarrassed and angered the City Manager.
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4. Allegation: You misstated the law and policy and further, that you did so in an effort to undermine the authority and directives f the City Manager in regards to CPD personnel issues. Response: The essence of this allegation is that, although I properly stated at all times conduct that violates Chapter 143 of the Texas Local Government Code and the desire to uphold the standards of Chater 143, that because the City of Celina has not voluntary adopted the high standards of policing created by this Chapter, that my proper analysis of Chapter 143’s standards of proper policing is irrelevant.
A
In other words, since Celina is a small town, and it has decided it to ignore statewide policing standards and instead is intentionally practices policing in an inefficient and unprofessional manner that contravenes statewide standards. Accordingly, the Assistant Chief of Police should ignore the statewide standards of efficient policing otherwise detailed in Chapter 143.
OU R
CE LIN
Further, Chapter 614.023 of the Texas Government Code does expressly state that the person who terminates a police officer due to a compliant is the head of the department. Further, while the Celina City Charter does say that the Chief of Police is appointed by the City Manager, it also rests authority to run the police department solely by the Chief of Police. To the extent that the City Charter otherwise might allow the City Manager to control the Police Department (beyond the power to hire and fire the Chief), the City Charter, it also expressly limits the power to hire and fire the Chief of Police, by requiring the consent of the City Council prior to firing a Police Chief. Again, this allegation is not the real reason I am being terminated. The real reason is that City Manager is angry that I obeyed my duty to report the felony family violence accusation against Mrs. Jeter, his handpicked Human Resources Director.
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5. Allegation: You directed subordinates to address all their issues and grievances with CPD, through their chain-of-command, before going to Human Resources. It is alleged that you gave this directive in spite of the City’s policy/practice allowing all City employees to utilize Human Resources as a resource at any time, without first having to go through or informing their chain of command. It is further alleged that in giving this directive, you violated the direction given to CPD by the City Manager.
ED IAG
Response: This allegation is simply false. The longstanding policy of the Celina Police Department and most departments in America is that police officers should follow the chain of command. While there are exceptions under a variety of policies and laws, the above has always been the policy of the Celina PD until recently. I was present when the Chief of Police reiterated this policy. At the time he did so, this policy was simply not in conflict with any other City of Celina policy. At a later date, the new City of Celina policy was enacted that modified the prior Celina PD policy. After such time, the Celina PD, me included, followed the new policy.
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Again, this is simply not the real reason for my termination. The real reason for my termination is that I reported Mrs. Jeter’s criminal conduct as I understood I was required to pursuant to Texas law.
6. Allegation: You failed to timely inform the City Manager of serious job-related allegations made against the City’s Human Resources Director by her estranged husband, Samuel Jeter. Rather than inform the City Manager, it is alleged that you inappropriately
and unnecessarily disclosed and encouraged subordinate CPD officers to use the information to discredit Human Resources and its review of CPD. It is further alleged that, when you did finally inform the City Manager, you withheld relevant information.
CE LIN
A
Response: This allegation is simply false. The official complaint I filed with City Manager, Jason Laumer, stated the information was related to me that directly affected my job, that is, the commission of one or more criminal violations. It was fully appropriate for me to task a subordinate to handle the criminal complaint because that is standard protocol for me to assign the task of completing a criminal complaint and all persons, including Mrs. Jeter should receive the same or similar treatment as others.
OU R
The idea that I have a duty to talk to the City Manager every time something embarrassing to the City occurs is an improper understanding of the administration of justice. The Police Department exists to enforce the law, not to keep the City from embarrassment. After the City Manager instructed me through the Chief of Police, I did in fact act appropriately to keep the City Manager informed.
ED IAG
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The information that you claim I omitted, was that Jennifer Jeter lied on her resume and application in regard to her attending college and her job history. When this information was told to me, however, I had no proof of this and in order not to dilute my official complaint with allegations I could not confirm, I chose not to use information in a formal complaint that was not relevant to the immediate and serious criminal matter and based on second hand information. To be clear, as the alleged victim of a family violence assault and possessing a photograph of Mrs. Jeter with controlled substances, I had direct evidence of those offenses. In comparison, I did not have a copy of Mrs. Jeter’s resume or job application, and Mr. Jeter’s statement that she had falsified it was hearsay evidence, not direct evidence. Accordingly, not including that information is hardly any violation of city policy. Again, this is simply not the real reason for my termination. The real reason for my termination is that I reported Mrs. Jeter’s criminal conduct as I understood I was required to pursuant to Texas law.
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7. Allegation: You continued to communicate with Mr. Jeter after the City Manager’s directive to cease communications. It is alleged you acted outside the scope of your authority and that you disclosed confidential personnel information about Ms. Jeter to Mr. Jeter.
Response: This allegation is simply false. I did not speak directly to the city manager and the information relayed to me from Chief Grigg was that the city manager wanted to know the next time Samuel Jeter contacted me. When he did eventually contact me, I followed the chain of command and immediately informed Chief Griggs after work ours. It is unknown to me when Chief Griggs reported this contact to the city manager.
Again, this is simply not the real reason for my termination. The real reason for my termination is that I reported Mrs. Jeter’s criminal conduct as I understood I was required to pursuant to Texas law.
8. Allegation: You violated the City’s public information request policy/procedure in your handling of and response to an open records request for information.
CE LIN
A
Response: This allegation is simply false. I have completed hundreds, if not thousands of open records requests throughout my career. I am the custodian of record with the Celina Police Department and was given the authorization and training to make the decisions to release documents.
The policy you reference defines “non-routine” policy not as something “abnormal, controversial, or likely to lead to embarrassment.” Rather, to the extent that it defines “non-routine” it states:
OU R
6.16 - Non-Routine Requests – Department Directors are also responsible for notifying the City Security if any portion of the request should be protected based on their department’s knowledge of the subject. If information requested falls within one of the exceptions to the public disclosure, the request should immediately be forwarded, by the fastest method, to the city secretary and city attorney.
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This allegation reveals more than the others that the City Manager, Jason Laumer, was embarrassed that his hand-picked Human Resources Director had to resign because she was accused of a felony. It is not my job to protect the city from the release of information or hide the information that should be released by law because it is embarrassing to the City or the City’s staff. This is not Russia, the truth of a matter does not change because it is embarrassing and the fulfillment of my legal duties does not change because it might embarrass the City.
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The real reason I am being terminated is because the City Manager was angered that I place obeying the law, over obeying him, and that I filed a criminal complaint against Mrs. Jeter when I understood I was required to by law.
9. Allegation: You have engaged in gossip, made disparaging comments, and engaged in coercive, threatening, and/or retaliatory behavior, about and toward against citizens, members of the City’s Staff and elected officials.
4C M
ED IAG
Response: This allegation is simply false. Although I have derogatory evidence against members of the city staff, I have never threatened anyone with this information. Yes, when a City Division head was defaming me, I did send him a screenshot of a text message he had previously sent me when he called me and other “N----rs.” When I did so, I did not threaten to make it public, did not blackmail or extort him, I merely reminded him that text messages last forever. In other words, “People who live in glass houses should not throw stones.” This is not illegal or immoral; it is self-defense from being defamed. Interestingly, it appears that the City would rather punish me for reminded the Fire Chief he lives in a glass house than it would discipline a Division Head because that might be embarrassing to the City. To be clear, it is not my fault that city leaders chose to make the bad decisions they did or use racist terms over 50 years after the end of segregation. Their actions are not my fault, nor can I be held accountable for these actions. There is no evidence that I threatened anyone, and the information is simply not a threat. The rest of the conversation is my opinion and you have used my notes to quote these opinions. These quotes
from my timeline were mine and not released to others to read. Additionally, all of these bullet points are my opinion, just like it is my opinion that the City Manager and Assistant City Manager knew of the fraudulent application by Jennifer Jeter. You can’t ask me for my timeline and then call it gossip.
CE LIN
A
Again, you are interpretation of my opinions are not violations of city policy. The reason for this sustained violation and for my termination, is that I reported Mrs. Jeter’s criminal conduct as I understood I was required to pursuant to Texas law. 10. Allegation: You have violated the directives set out in the Notice of Administrative Leave issued to you by Mr. Laumer on August 12, 2020.
11. Allegation: You improperly deleted texts and/or emails from your City-issued cell phone and/or City computer.
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OU R
Response to 10 & 11: I admit that I made contact with Jose Mendez, the IT director in an effort to retrieve the personally owned monitor mount before my personal items were spread across the city and would no longer be available to me. I did not ask him to make modifications to my computer except to retrieve my monitor mount. Your statement that I asked him to make modifications to my computer is a direct attempt to skew the perception of the public that I was asking Mr. Mendez to do something illegal when the truth is that I asked him to retrieve the mount that holds the two monitors on my desk, as it belongs to me. This statement alone is proof that this entire investigation is a smear campaign in an effort to take away focus that I am being terminated for reporting Mrs. Jeter’s criminal conduct.
ED IAG
RO U
In reference to the accusation that I deleted files from my computer on August 12th, this is simply not true. I came into the PD that morning and did very little, if any work, on my computer due to my scheduled meeting with the City Manager early that morning. I was also never alone in my office as several officers were present discussing what was happening. They would had clearly seen me do any of the things you are accusing me of. In reference to any record of my name being on a log, after I was placed on administrative leave is due to the IT director accessing my workstation to retrieve important login information needed to keep the police department running efficiently. You also know, if you had asked Jose Mendez if there was any reasonable explanation why my name is on a login after my administrative leave, he would have explained to you that he logged in under my account to retrieve the information I described above.
4C M
I did speak to Jose after receiving my complaint and asked him how it was possible that you claim I accessed the computer after I was on administrative leave. Jose explained to me that he was the person who accessed the computer under my name and explained why. You, however, did not reach out to Jose and ask for an explanation and you refused to do this even after I suggested you reach out to him. It is obvious that you did not ask the IT director because you were not interested in the truth. In reference to numerous USBs be attached to my desktop, this is due to my role as the records custodian. When public information requests come in for videos, dash-cams, body-cams and other media, I have to download the large media files from the Watchguard server to my desktop. I then have to transfer those large files to a USB device to be given to the person making the open records request. Those files are then deleted from my desktop, as the originals reside on the watchguard server. This is not a violation of policy as the files are large media files that takes up large amounts of space on the local hard drive. Once it is copied to the USB, it is no longer needed on the desktop and is deleted to save
space. You are also aware of this procedure, yet you know that the general public is not, and you are using these common procedures to create doubt instead of exonerating my good name.
A
This entire sustained summary of deleted text and emails is completely fabricated. I was never even issued a city cell phone. Any deleted emails go into a deleted folder and even more so, they reside on a cloud server with CJIS approved protection so that emails are never fully deleted. Because I am CJIS certified, I am aware that trying to delete any email would be futile.
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Again, the reason for this sustained violation and for my termination, is that I reported Mrs. Jeter’s criminal conduct as I understood I was required to pursuant to Texas law.
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