Terrell Bolton Merit Hearing

Terrell Bolton – Merit Hearing Testimony of Terrell Bolton (being questioned by McKenney) Bolton stated he became Police Chief on January 16, 2007 and was formerly the police chief in Dallas, TX. McKenney: Did you have a discussion with Vernon Jones regarding comp time? Bolton: Yes, when he hired me we discussed that he couldn’t get the salary where it needed to be and I wouldn’t have leave immediately because I was new. He said I could take comp time. That was part of my package. It was a whole system. I necer punched a time clock. I put in 3,400 hours. I communicated above and beyond. I was the CEO – I ran a major police department. Suddenly in one month to be treated like a clock puncher… McKenney states that wasn’t his question (to interrupt Bolton and stop him from saying so much) Bolton continues: We documented in the event someone wanted to take a shot at me. We went above and beyond. If I was going to be out of DeKalb all it took was a phone call. I wasn’t a clock puncher. I was the CEO – I was the Police Chief of DeKalb. I never sent a request for leave, it was just a notification. McKenney: Was it ever denied? Bolton: No. Absolutely not. It was ENCOURAGED that I take time off. McKenney (in reference to App. Exhibit 1 – Memo with accomplishments for the year): Was this created and given to the CEO as part of your review process in 2007/2008? Bolton: My accomplishments were reviewed and sent back with an acceptance. McKenney reviews App. Exhibit 2 a 2008 letter from Vernon Jones to show credibility of what Bolton did before Ellis administration McKenney (in reference to App. Exhibit 3): This is a chain of command for DKPD… an Org Chart. To the right it shows Keisha Williams, Chief of Staff. In terms of KW as Chief of Staff she appears to be on the same level as Harrell? Bolton: Yes, she was my closest assistant. McKenney (in reference to App. 4): This is a letter of congratulations from Vernon Jones. Were there performance ratings given to you each year? Bolton: Yes. In 2007-2008 it says “far exceeds standards”. The best rating you can get.

McKenney tries to submit App. 7 & 8 into evidence and Indermark objects stating he is not sure where McKinney is going with this. Phyllis Williams states “His performance under the Jones Administration is not what is at issue.” McKenney: How did KW function within the department? Bolton: She had a number of responsibilities. She oversaw the budget. In fact she was terminated during budget planning. The community policing initiative, created programming, training, establish media contacts, and help us reshape our image. Key in helping with Accreditation, which was a monumental accomplishment. Oversaw fiscal. She had a very important job in my administration. McKenney: Did she have a Crown Vic with a police radio and blue lights? Bolton: Yes McKenney: Did she use the lights? Bolton: No. One time….(starts into a long story about Butcher knife and Bible, and goes until McKenney stops him and makes him restate she never used the lights). McKenney: In terms of a badge, did it say police? Bolton: Absolutely not. It stated her role as a director within the department. We give badges to Chaplains. Flippin, Harrell’s pastor has a full uniform. Harrell and I went to church with him. McKenney: Did KW ever represent herself as an officer? Bolton: Absolutely not. McKenney: Her uniform was similar to the Chaplains Uniform? No gun, no hand cuffs? Bolton: Absolutely not. Phyllis Williams asks for a total list of what KW was given. Bolton: A car, uniform, director’s badge, no cuffs, no gun. She wasn’t given anything more expensive than what chaplains get. I didn not create this (referring to the Chaplains Division) McKenney stops Bolton from talking by saying “She just wanted a description.” There is a lengthy review of photo copies of badges for the benefit of Phyllis Williams, and then she asks: How would a normal citizen – how would I be able to distinguish between a police badge and a director, or a Chaplain? Bolton: I don’t know how they started giving badges to Chaplains but…

McKenney urges him to answer… Bolton says: You would have to look very carefully. A lot has been made of these badges. We did this in Dallas. It is VERY COMMON. McKenney: Did KW’s badge have “police” on it? Bolton: No McKenney: KW , would she normally dress in civilian clothes? Bolton: Yes. She only wore a uniform twice I think, at graduation. McKenney: Were other citizens given Crown Vics? Bolton: Yes. The CEO, Kimbrough…it’s NOT UNUSUAL. McKenney (referring to App. 21 – crime stats for 2008): Did you announce a reduction in crime in DeKalb? Bolton: Yes McKenney: Did then CEO Elect Ellis ever criticize you regarding your crime stats stating crime was higher? Bolton: My recollection is that he did. McKenney: Did you take this as criticism? Bolton: Yes McKenney: Did you have an understanding before Ellis took office that there was a transition team report? Bolton: Yes McKenney: In the transition team report did you have input? Bolton: We had briefings, provided additional information. We received favorable responses from the Transition Team and I was SURPRISED to see the findings. It basically dismantled the department. McKenney (reviewing a Dec. 23, 2008 letter from Bolton to Ellis: Did you request meetings? Bolton: I requested meetings throughout the summer knowing he was going to be CEO. He never would meet with me. McKenney: The police department had provided security for the CEO 24/7. Was that something the police department was proud of? Bolton: Yes. I was proud. The men and women were disappointed (when CEO Ellis

selected to use the Sheriff’s Officers for protection). It is like the Secret Service and the President. Like taking a bullet for the president, protecting the CEO. Phyllis Williams wanted to know if there was code or law for the DKPD to protect the CEO. Bolton: No it was just a long-standing tradition. McKenney: Concerning the transition to the Sheriff’s Department protecting the CEO, what was your understanding of what happened? Bolton: Kevin Ross communicated by e-mail. I had tried to place several calls to CEO Ellis requesting meetings to nail down security details. After a meeting with Kevin Ross and NOT getting feedback I wrote an e-mail to finalize security details. It was critical (to nail down details.) Ross said “You might have referred to the CEO as the enemy and that is why we are not going to do it (use DKPD for CEO Protection).” McKenney: At any time did you refer to the CEO (Ellis) as the enemy in November? Bolton: No. McKenney: Who were you referring to as enemies during the interview with Dale Russell? Bolton: It was taken out of context. I was at the ceremony for Barker and Bryant. Dale Russell ambushed me. There must have been an objection here but I did not note it. McKenney went into a lot of detail and is setting the stage that “Ellis and Barker think Bolton is the enemy, and treated him as such with the comment made at graduation, he clearly wants to get rid of him. He won’t meet with him. Ellis has the conception that the Police Chief is the enemy. I’m getting into the thought process. They believe he is the enemy. It is why he won’t meet with him, and why he doesn’t have DKPD as security.” Phyllis Williams: I don’t buy it. The CEO should be able to choose. 2 page memo from Kevin Ross tendered into evidence and objected by Indermark. Objection is sustained. McKenney (reviewing Ex. 7): After the CEO was sworn in did you request a meeting? Bolton: Yes. I sent him a congratulations letter and asked for a meeting. He had talked about Public Safety being his #1 priority at his inauguration. I wanted to discuss the safety of DeKalb County, leave time, wanted to make sure we met to avoid communication problems. McKenney (reviewing Ex. 29 the Jan. 16th memo from Bolton to Ellis notifying him he would not be out of town): Is this the notice you sent to CEO Ellis before your

medical leave? Bolton: Yes. It was the same process as under the Jones Administration. McKenney: Did anyone tell you this notice was improper? Bolton: No McKenney (reviewing Ex 31): Is this a Jan 22 communication between Bolton and the CEO’s office? Bolton: Yes. He wanted us to run the tag number. Someone was in his parking space, so I’m told. I did it right away. McKenney (reviewing Ex. 33 – Graduation Program): Had it ever been changed by a CEO? Bolton: No. Sheila Edwards sent an e-mail saying the CEO wanted the graduation agenda, a draft copy of the program and final approval on the program. Break for Bolton, despite being 10 minutes away from a scheduled break, because he needs a “candy bar” Bolton states “I have diabetes.” Ex. 37 Draft of program sent to the CEO admitted into evidence. McKenney (reviewing Ex. 38 – Graduation Program with communication from the CEO). This is a response from the CEO’s office with an attached copy of how he expects the program to look. What has been deleted and what has been added? Bolton: Terrell Bolton has been deleted, Burrell Ellis has been added. Chief of Police has been deleted, CEO has been added. New Start, New Beginning has been deleted. Capt. Diane Luce has been deleted from the 2nd page, I’m not sure why. The 86th Police Academy Class has been deleted. McKenney: Were any explanations given (for the program changes)? Bolton: No. Ex. 38 - The Graduation Program is admitted into evidence. McKenney: When changes were made did you refuse to make them, or call to question? Bolton: No. McKenney: (Must have asked Bolton to explain a little about graduation day) Bolton: The traditional ceremony is the highlight of their career where they get a new start new beginning. Family, loved ones, are there. It is a big day. McKenney: Did CEO Ellis make statements to the Class? Bolton: Yes. He got up. I introduced him. He made comments and started to give direction to the cadets, my command staff and their families. He said “I want you

all to know there will be no more promotions, transfers, demotions without me reviewing.” McKenney: Had the CEO discussed that with you prior to making the comment? Bolton: No. he put himself in harms way by making that statement. I was concerned for the CEO. I went up and made my statement to SUPPORT the CEO. McKenney: What was your full statement? Bolton: Everything in life is context……I said OK we are gonna help the CEO accomplish his mission. We are gonna help him, but we have a chain of command. I was concerned. I wanted to help protect him (CEO). I leaned over and talked to him saying these new recruits needed to be assigned. He knew I was sick and he said “You need to go to the doctor.” Phyllis Williams reads from her notes from earlier when a video of graduation was shown: You said “We will help the CEO meet his goals and expectations but we have a chain of command.” Bolton explains what he had to tell people after the CEO’s comment: I told them if they have an accident, then work the accident and then go to the CEO (to talk because he said he had an open door policy.) McKenney: Would you have had to go to the CEO to do transfers? Bolton: Yes, as I understood his order. We operate as merit employees. There are rules and regulations set forth to follow, especially for these new recruits. If you tell them not to go around the building because they might get shot, they need to listen. It is a matter of life and death sometimes. McKenney: What was happening to you at graduation that made the CEO tell you to go see a doctor? Bolton: I was trembling. I spilled water on the podium. I lost 12 pounds that week. Kept having to go to the bathroom. Gave him (the CEO) my own hanky to clean up the spill. I left graduation immediately after to go see my doctor. The CEO said “I’ll see you when we meet.” McKenney (reviewing the Jan 30th Exec. Order) Does this support what the CEO said at graduation? Bolton: Yes McKenney: Did you receive a copy of the Executive order? Bolton: No McKenney (reviewing the Feb. 2nd Exec. Order) Is this a similar executive order?

Bolton: Yes McKenney: Bolton: No

Did you receive a copy?

McKenney (reviewing Ex. 41-Email from Barker to Bolton to confirm Monday 6pm meeting): Tell me what happened after graduation. Bolton: After graduation I took a plane to see Dr. Walters, my doctor for 10 years. After arriving in Dallas, when I hit the ground I called the doctor’s office. It was after hours. I thought I had cancer. I talked to someone and told them what was going on. They said based on what you described we are going to call in a prescription for you and see how it works for 24 hours. I received a call from barker after talking with my doctor. Barker was trying to arrange a meeting Monday morning. It was the first time I spoke with the CEO about a meeting. I requested an after hours meeting because I was concerned about my health. I told him I was sick and I needed to see my doctor. Barker pressured me. They said “You come by yourself (to the meeting).” They wouldn’t tell me what the meeting was about. Then I got an e-mail stating I better bring a doctor’s excuse. I wanted to meet with my new boss. Rule #1: You always meet with your Police Chief! McKenney: Were you ever required to bring a dotor’s note? Bolton: Never in my whole life!

McKenney: What happens at this point? Bolton: I sent a communication to Barker to protect my privacy (mentions HIPPA). I had a CEO that wouldn’t meet with me, that makes strange statements at Graduation and I said Lord I gotta protect my health. McKenney: You sent an e-mail to Barker to respect your privacy on Jan. 30th? Bolton: Yes McKenney: You were admitted to the hospital on Jan. 31st? Bolton: Yes McKenney tries to admit Ex. 48, a copy of Bolton’s Presbyterian Hospital stay records(1-31-09 through 2-2-09) into evidence. Objection by Indermark. Phyllis Williams states she is not comfortable admitting the records into evidence because she does not know where the documents will go from here. Bolton wants his

records in evidence. Phyllis Williams states she will not take the records into evidence because she is being over protective in the interest of Bolton’s privacy. McKenney: What was your medical condition? Bolton: (irritated) I was hoping to avoid this….it is embarrassing. My blood glucose level was 838. Normal is around 100. I was almost in a coma. I had renal failure, and had lost 12 pounds in one week because of frequent urination. I was in a trauma room for 24 hours and then moved into a critical care unit. McKenney: What was your diagnosis? Bolton: Diabetic Crisis McKenney: During your hospital stay did you have any further communications with the CEO’s office? Bolton: No. McKenney: What happened with Keisha Williams at this time? Bolton: I received a call from KW on February 2nd. She seemed shaky, upset, almost delusional. She got a rumor from the media that she had been fired. I said “That doesn’t sound right. The CEO would have told me.” So I called Karen Anderson. When I got her on the phone she was like KW (upset). I never heard her like that. She was panicked. KA said “I don’t know what to do. The CEO was upset over the article in the newsletter. The budget stuff. He told us to pull it off the website immediately.” I thought KW must have run over someone (referring to why they would terminate KW). KA had a high pitched voice and said “Let me sit down.” So I said “Let’s pray about this.” KA said she didn’t know what she was going to do, and then said “If I fire her (KW) you will fire me.” I told her to have the CEO call me so I could figure out what is going on. I’ve never had this happen in my career. KA put the budget in the newsletter, not KW. I was trying to get the CEO to call me so I could give him my wisdom. We are fixing to make a major mistake. We are going to ruin someone’s career. McKenney: Did you ask her (KA) to call in sick to avoid terminating KW? Bolton: Absolutely not. She got confused. I was telling her KW might not make it in in the morning. I did not give KA a direct order. No direct order to not terminate KW. I asked her to hold off until I could talk to the CEO. Called Deputy Chief Frank because I was concerned about KA’s mental state. She couldn’t put sentences together much less make major decisions. I asked Frank to drive around with her “I’m concerned about her hitting things.” McKenney: Who else did you call?

Bolton: I called Harrell, but that was for a different reason. He was a Decon at his church. I wanted him to call her, support her. I told him pray for her if you have to. McKenney: Could you have rescinded making KA acting chief? Bolton: Yes McKenney: Then could you have contacted the CEO regarding KW’s termination? Bolton: Yes. After all this happened I convinced the hospital to let me out. McKenney (reviewing Ex. 45, Keith Barker’s e-mail): Did you receive this e-mail? Bolton: I never received the e-mail. I was medically able, after I arm-twisted the doctors, to return to work on the 9th. I flew back in on the 8th. I wanted to change the staff meeting. I was trying to get my bearings, not knowing what was going on. Moved it to 8am. Wanted to thank them for handling everything while I was gone. Wanted everyone to see me and know I was back. Back at work after the health issues. Boyd informed me the meeting was cancelled. She told me KA cancelled the meeting. McKenney: How did you learn of your meeting with the CEO? (not sure if this was the exact question, but it’s in the ballpark) Bolton: Sunday after I landed I called him to tell him I was back in DeKalb and requested a meeting. He informed me we already had one set up at 10am Monday at the 330 W. Ponce building. McKenney: What happened on the 9th? Bolton: I get out of the back of the car, the media was here. 2 or 3 plain clothes S.O. Deputies were waiting on me to tell me the meeting had been changed. They were going to take me to the jail. I told them the meds were in my car so we followed them. We followed them to the fenced in secured area of the jail and went through a tunnel. Plain clothes deputies surrounded me…that was my greeting party. I left my gun, and my medical stuff in the car. They kept trying to tell me my partner couldn’t come in. I told him he could come. Then we go down several levels and go into a room where the CEO and Barker were waiting. The meeting was from 10-3pm, 5 hours. McKenney: Were the graduation statements, Keisha, etc. discussed? Bolton: Not initially McKenney: Were you given any food? Bolton: I requested food and was given food which wasn’t good for me. McKinney – They believed he was the enemy. Armed deputy escort, and for 5 hours he doesn’t have his insulin.

Bolton: I was on 5 shots a day of insulin – different types. I requested to be allowed to leave to get my insulin and a lawyer. They said I needed to stay in the room and they would give me half a years salary (learned later this was a settlement offer). The CEO said they had my bag. It was confiscated from my apartment (or perhaps he said compartment.) The gun wasn’t in my bag. They gave the bag to the CEO to determine if he would give it to me. I was left with the Sheriff who only gave me water. I had to go home to get my insulin. McKenney: Were you placed on administrative leave? Bolton: Yes on the evening of the 9th. I was ordered back at the 330 W Ponce Building by 5pm McKenney: At that meeting were there questions asked about comp time, vehicles, etc.? Bolton: No. McKenney: Where you offered a settlement? Bolton: I was offered a settlement offer by the CEO of half a year’s salary and I rejected it. So I was told I was suspended. McKenney: Did you make attempts to get your comp time records? Indermark: Objection McKinney: They did not give an employee an opportunity to gather evidence to help his own defense. They only gave him 2 hours to respond to the Pre-Termination letter. When questioned on the 2 hours, McKenney stated: Excluding Saturday and Sunday because they are non-work days. Response was due Monday at 10am. Objection Indermark: The CEO did not deny access. Once McKenney became involved everything went through the law department. McKenney: Bolton could have collected evidence to help him keep his job. He could have collected KW’s badge (still in his desk) to prove it was not a police badge, her uniform (not a police uniform), he could have collected e-mails to show he requested a legal opinion about the cars, and graduation – why statements made by the CEO were farmful and he was trying to support the CEO w his chain of command comment. KA – access phone records because his have been altered. Bolton stated his name was taken off the computer and his swipe card was deactivated. Objection sustained.

Bolton : I didn’t have an opportunity to defend myself before I was terminated. McKenney: Did you inform the CEO you had the 2 vehicles (RR & Mercedes?) Bolton: Yes McKenney: The vehicles were kept at your house for a period of time? Bolton: My order was to remove them to a storage facility. Find a safe place to protect those cars because they are valuable. McKenney: How many cars did you return at the time of your termination? Bolton: They Suburban, a Charger and a Crown Vic. McKinney: Questioned about Bolton’s drivers Bolton: I had 3 drivers. Two with Crown Vics and one with an Expedition. I didn’t have no assigned cars. They were in the pool. They were not assigned to me. They were relief cars. If the officers needed those cars, they had the keys to them. Everybody drove those cars when ever they needed them. McKinney (reviewing Ex 68): Keith Barker said he had an alleged meeting with you. Bolton: That is a lie Exhibit 68 not taken into evidence. McKenney: Did you ever meet with him and discuss comp time procedures? Bolton: Never. McKenney: If you were told to submit approval for comp time would you have? Bolton: I’m good at following orders. That is all I’ve ever done. McKenney: Did you notify HR of your medical condition? Bolton: Yes. March 13, 2009 letter from my doctor. Objection Indermark McKenney: The letter elaborates on his condition Phyllis Williams does not allow letter into evidence again to protect Bolton’s privacy. McKenney: Did you ever misuse county property?

Bolton: No McKenney: Did you ever breach public trust? Bolton: No McKenney: Did you do anything unbecoming of a police officer? Bolton: No Hearing concluded for the day. There is not enough time for Indermark to Cross examine , and to for rebuttal witnesses to be called. The County and Bolton’s team go to a conference room to discuss date. Phyllis returns to state we will learn of the next hearing date at a later date.