Testimony Of Terrell Bolton - Day 4(2)

Terrell Bolton – Merit Hearing, Day 4 Testimony of Terrell Bolton (Cross examination by Indermark) From Dallas to DeKalb – Indermark asked Bolton” When Vernon Jones hired you, you were in Dallas. You said he had to get your salary high enough to justify the move to DeKalb.” Bolton said they had discussions. Indermark asked what Bolton’s Salary was in Dallas. Bolton said “I don’t recall. I had a private start-up company. I was a big city police chief.” Indermark asked Bolton if he was terminated by Dallas? Bolton said “We argued that all the way to the Supreme Court.” Indermark added “You lost right?” Bolton said he won the case, but was not awarded financially. Discussion of Keisha Williams uniform - Bolton said it was just like a Chaplain’s uniform. When Indermark asked if a Chaplains uniform had 4 stripes on it Bolton said he didn’t recall. He didn’t recall how many stripes his own uniform had. He also didn’t know what the stripes symbolized. “ In some areas it was years of service, in some areas it meant others. It depends” When Indermark challenged him saying “You are the police chief of DeKalb and you don’t know if the bands signify rank?” Bolton said “I have other things to worry about, shootings, crime.” (Bolton noted KW’s uniform said Director, and her badge said Ass. Director) Discussion of Vernon Jones hiring Bolton as a merit protected employee who could accrue comp time - Through questions and answers Bolton said he was hired by Vernon Jones, was merit protected and didn’t really understand the rules and regs of the merit system “Well, I don’t know, that would take legal analysis.” He said VJ promised comp time as part of his compensation package. Indermark asked if there was anything in the county code that promised Bolton comp time. Bolton said he didn’t see anything prior to being hired, but assumed the person hiring knew the rules. Indermark asked if he got a letter from HR verifying his hire. Bolton said “Yes, but I don’t recall what it stated.” Indermark produced a January 12, 2007 letter with Bolton’s initials on it. The letter showed 10 Holidays, (X) Vacations days, and 13 sick days. Indermark pointed out it did not promise comp time. Bolton quickly pointed out the letter was signed by John Stone, not Vernon Jones. “My agreement was with Vernon Jones, not Stone. He was out sick and would not have known what Vernon and I agreed to. My entire discussion about my benefits package was with Vernon Jones.” Phyllis Williams asked Bolton if he had any discussions with Stone after Vernon. Bolton said after he was hired he might have gotten a “Welcome to DeKalb” letter but he didn’t remember seeing the letter. Comp Time Discussion - Same points that have been stated numerous times with a few new items. When Indermark stated Bolton accrued comp time, Bolton interrupted and harshly stated “I EARNED 3 hours of comp time. I didn’t accrue it.” Indermark asked Bolton if he had accrued sick leave and annual leave (around the time frame of the Jan 09 graduation). Bolton said he had accrued all sorts of leave by that time. Indermark reviewed, 85 comp days, 78 vacation day, and 200 sick leave days. When asked Bolton said he thought the sick/vacation/comp days rolled over he said “I think they do. Yes.” Bolton said he could use the days any way he wanted and when Indermark asked Bolton said he was the person who made the final decision of how to code leave. Then added “I was an executive. I was not a clock punch person.” Indermark pointed out that Bolton went on leave without getting response from Barker. Bolton said “I never heard from him while I was away. Didn’t hear from him until I got back.”

Terrell Bolton – Merit Hearing, Day 4 Indermark said “You said during your testimony with Mr. McKenney you kept good records (of comp time) because it was politically prudent?” Bolton responded “If I said it, I stand by it. We went above and beyond. I was an executive. Ms. Williams did the audit.” Indermark asked what he meant by audit. Bolton said “She went back to look at records to see if there were discrepancies.” Indermark asked if they checked for discrepancies when the media stories aired. Bolton indicated they did not. Media Reports on Comp Time – Indermark asked Bolton if he had seen the media reports. Bolton said “I never looked at those reports. Not until I went to a lawyer. But I don’t want to bring that up.” Indermark pressed for the name of the lawyer since Bolton did bring it up. There was an objection by McKenney and it was sustained. Bolton said he did not watch the media coverage because it was a report from a reporter who had been unfair (then indicating it was Dale Russell of Fox 5’s Investigative Team). He compared not wanting to watch the reports to listening to the blues, he didn’t want to do it because it made him sad. He admitted he did see a little of one report – his house in Dallas. Indermark asked if he changed his comp time practices after the media report. Bolton said “No.” Utilizing Comp Time and Vernon Jones Relaxed Rules - Upon reviewing a Jan. 24th e-mail from Bolton to Kimbrough stating he would be utilizing earned comp time for a trip Bolton freely added “I never said ‘Teacher may I’. I never did it in Dallas either. This was an old policy.” Indermark asked Bolton how much comp time he took in Dallas. Bolton responded “I don’t know.” Indermark covered Vernon Jones relaxing the rules pertaining to utilizing comp time. Bolton said “He said he didn’t have time to read those things.” Indermark said “Vernon changed your practice. He had that authority because he was the CEO?” Bolton said “Yes, he sure did.” Indermark asked Bolton if he knew what the police department policy was for comp time. Bolton said “It was what Vernon Jones said. I earned it, I kept it.” Indermark repeated the same question because Bolton had not answered the question he asked. Bolton said “I know there is something there. Don’t know what it says. I went by what Vernon Jones said.” Graduation, Bolton Goes off Program – Indermark worked to establish that there was an order to the program and order of presentation. And that Bolton went back to the podium after the CEO spoke of his new open door policy (rather than moving to the next item on the program – special awards) to address the cadets and attendees and say there was a chain of command. Bolton said “The program was just a guide. It was MY program.” Keisha Williams Background – Indermark asked Bolton when he first met Keisha. Bolton said “When she was a baby. I knew her parents from church. She was a little girl.” Indermark establishes with Bolton that Keisha had no training, no law enforcement background. Bolton said “She was like any other civilian, like the chaplains.” Indermark asked if Keisha’s previous job was in the media. Bolton said “She was the smartest person I had on my staff. She had been on an award winning show. She was very smart.” Keisha Williams’ New car – Indermark asked why Keisha was given a new car. Bolton said “During that time there seemed to be a disrespect for civilians – my Boss was a civilian. Some of the people in the circle were attacking her. Phyllis Williams asked “You gave her a new car to replace her old car?” Bolton said “There was a lot of envy, a lot of bickering. It was not as you mentioned it, people were trying to get rid of her. People in the circle were attacking her.”

Terrell Bolton – Merit Hearing, Day 4 Indermark asked who was attacking Keisha. Bolton said “Karen Anderson asked me to get rid of her. Keisha was my Chief of Staff. They resented her because she was a civilian. I tried to support her in every way possible and prop her up.” Chaplains – indermark asked if Chaplains got fully loaded cars. Bolton said “They had asked for them, but I didn’t have the funds and they were volunteers, not employees. But if I could have, I would have given them cars. To the responders.” Chain of Command – Indermark established chain of command by asking Bolton if he agreed with Vernon Jones that the CEO manages the Police Department. Bolton said “Uh, yes. He oversees it. Ultimately he is the CEO of the County.” Indermark said said “Essentially he is your Boss?” Bolton agreed by saying yes. Indermark added “Not because he was Vernon Jones, but because he was the CEO.” Bolton wandered a little but finally said “Yes.” Police Manual – Section 3-2.8c was given to Bolton to review. Indermark asked Bolton if he was aware if the policy reflected was accurate and in effect while he was Chief. Bolton said “I can’t recall. We had payroll people. As a police chief….” Indermark interrupted and asked in a very surprised tone “You did not look up the Comp Time Policy? Bolton answered “I had an agreement with the CEO. I did not read it. Did not need to read it.” Indermark asked “What portions of the police manual did you read?” Bolton said “Any time I had a question.” Indermark repeated his question “What portions of the police manual did you read?” Bolton said “I’m not sure I read any, but if I was interested I did. I asked people. I was an executive.” Indermark asked if Bolton read the portion of the police manual dealing with County Vehicles. Bolton said “No, we operated and used tradition that was in place long before I got here.” (Phyllis Williams directs Bolton to answer questions and not to argue). Indermark asked “are policies in the police manual supposed to be followed?” Bolton said “They affect certain people. I was an executive and I was unique.” Phyllis Williams asked what that (being unique) means. Bolton said “Certain things in the manual that does not apply to me.” PW asks “How are you unique? Are you suggesting you didn’t have to follow rules in the Police Department? Bolton said “Well, like lunch time.” PW said “We aren’t here about lunch time. Are you saying you were unique as the manual relates to comp time?” Bolton answered “I had a special arrangement. An oral agreement with the CEO. He supersedes any rule or regulation.” Indermark asked Bolton if he knew what the policy is on County Vehicles. Bolton said “I never read that. I issued an order and if there was a problem they would come back and tell me. I was a police chief, you don’t have time to read the manual.” Indermark asked Bolton what the manual said about Chain of Command in absence of the Police Chief. Bolton said “If you show me something I can yea or nay it.” Indermark showed Bolton section 1-3.2 of the manual, Command During Absence of the Chief of Police and asked if it was in effect in Jan of 2009. Bolton said “This doesn’t ring a bell to me.” He also asked about sections 1-3.6 Lawful Orders and 1-3.9 Conflicting Orders, 3-6.7 County Issued Property and 3-6.8 County Issued Vehicles and asked if each were in effect in Jan. of 2009. Bolton answered “Not sure” to all sections.

Terrell Bolton – Merit Hearing, Day 4 Luxury Vehicles – Indermark asked Bolton if the Range Rover and Mercedes were stored in his garage. Bolton’s response was “That is correct.” Indermark then asked what other cars were at his house during his time as police chief. Bolton said “I didn’t have security. During certain periods of 2008 the range Rover, Mercedes, Crown Vic, Suburban…that ALL people drove. Intermittently. One at a time. I never kept up with that. At some point in 2008 I said ‘Enough of these crazy cars, get them out of my house.” Indermark hands Bolton copy of a General Order written by Bolton which includes section 3-6.8 and the a comment from Bolton “All permanent vehicle assignments must be approved by the Chief of Police.” Bolton could only look to McKenney and express frustration with a heavy sigh. Hospital and Cell Phones – Indermark took Bolton through a long line of questioning to establish he had both cell phones at the hospital. Bolton stated his wife who was with him at the hospital most of the time had his cell phones at times, and at times when he was getting testing the cell phones were not with him or on. Indermark also established that Bolton was released from the hospital at some point on the night of February 2nd, and Bolton claimed he spent February 3rd “convalescing at home”, but immediately after that he said he was “all over the place….seeing my primary care doctor, getting medication.” It was determined that Bolton entered the hospital on January 31st. Hospital and Cell Phones (continued) Indermark noted Keith Barker’s February 2nd e-mail to Bolton, and that Bolton’s response was to send Karen Anderson a memo and a Doctor’s note. Indermark then asked if he had KA’s number on his cell phone. Bolton answered Yes. Indermark then asked about Chief Harrell and Chief Frank. Bolton answered yes. Indermark asked who else Bolton called (while at the hospital). Bolton said “I don’t remember everyone I talked to.” Indermark helped by reviewing a list of phone calls made between February 2nd and February 5th. He made and received dozens of phone calls on his cell phone or Blackberry including: Lee May. Bolton jumped in and said “I talked to all the commissioners.” Indermark continued reviewing the list. Vernon Jones. Bolton said “I might have, I’m not sure.” Major Bush. Bolton said “Probably did. I’m sure I did. I wanted to talk about my grievances.” Did you call Debbie Boyd? Bolton said “Sure I did” Did you Call Major Ison? Bolton said “Probably” What is C. Hawk (perhaps Seahawk)? Bolton said “No idea.” You called Keisha Williams? Bolton said “I’m sure I did” David Simpson with the AJC? Frankie Lovett? Bolton said “Don’t remember who he is.” DeKalb Neighbor? Bolton said “Not sure” Brown & Brennen, your drivers? Bolton said “Might have” Bolton and Unemployment – Indermark asked Bolton when he was terminated if he sought unemployment. Bolton said “Yes” Indermark then asked if the benefits were initially declined. Bolton answered “No. After I was sent a letter telling me what I got. Then the County said I couldn’t have it (unemployment).” Indermark asked if Bolton was denied benefits and if he appealed. Bolton said he appealed, but he has not had his hearing yet. Indermark handed Bolton a paper and asked if he recognized the document which was from Bolton to the

Terrell Bolton – Merit Hearing, Day 4 Department of labor. Bolton said he remembered it, and that it was accurate, but it was not the entire conversation (whole thing). Bolton’s Early Morning Staff Meetings – Indermark questioned Bolton about the two early morning staff meetings on February 9th, and that he had had Karen Anderson send out an e-mail to set up the meetings. Indermark pointed out the timing “By February 4th at 11:42am you had requested that your command staff meet with you on Feb. 9th at 8:30am.” Bolton said the 9:30 meeting was to talk about grievances with Darrien, Bush and Karen Anderson. Meeting with CEO Ellis – lndermark asked Bolton “You called CEO Ellis when you landed in Atlanta (Feb.8th) and were told you had a meeting?” Bolton said he talked with the CEO and found out they had a meeting at 10am. Indermark asked if the meeting was originally scheduled to be held at the 330 Building and there was a lot of media there. Bolton said “Yes, there was a few.” Indermark asked Bolton if he called the media to let them know about the meeting. Bolton didn’t immediately say anything, so Indermark continued by asking if he called David Simpson. Bolton said “I might have.” Indermark asked about Mark Whinney. Bolton said “It’s possible. He was here.” Bolton continued “So we met at the jail.” Indermark challenged Bolton’s claim of the meeting spot being the jail. Indermark said “The jail is by 285, the Court House is 2 blocks away.” There was a good deal of back and forth on the name of the location with Bolton wanting to call it a jail, or an otherwise equally unappealing place to meet. Each time Indermark said that they met at the Court House Bolton would respond something different “I was downstairs.” An annoyed Indermark finally said “You were the Chief of Police for 2 years. It was an office in the Court House.”

Meeting with CEO Ellis (continued) Indermark asked if during the meeting with the CEO you proposed a year of severance to leave. Bolton said “I wouldn’t say I proposed it. He initially brought it up” Indermark asked Bolton if Bolton had previously told Keith Barker he would leave with the right parachute package. Bolton said “No.” Indermark discussed Bolton needing to leave at some point to go home and take insulin. Bolton stated it was around 3:30 or 4pm. Indermark asked what time he retained McKinney as a lawyer. Bolton said “I had to get back by 5, I caught him coming out of Federal Court.” Indermark looked surprised and said “Federal Court? Downtown?” Indermark pressed “You drove home?” Bolton said “Yes, in Stone Mountain.” Indermark then asked if Bolton talked to the media. Bolton said “I’m not sure.” Indermark pressed again “And then you found McKenney by 5pm?” Bolton said “Yes, but I wasn’t back by 5pm.” Indermark then asked Bolton when he returned to the 330 Building if he was placed on Administrative Leave with Pay. Bolton said “I’m not sure what I was put on.” Indermark helped “You were paid?” Bolton said “I was paid until I was terminated.” Pre-Termination Letter - Indermark asked Bolton if eventually he received the Intent to Terminate letter. Bolton said “Let me check…yes. I heard about it in the media but didn’t get it until a few days later.” Indermark reviewed a document with Bolton and asked if it was his response to the Pre-Termination Letter. Bolton said “I think that is accurate.” Indermark asked if

Terrell Bolton – Merit Hearing, Day 4 Bolton agreed with what was said. Bolton answered “This is what my lawyer sent.” Indermark asked Bolton if he agreed with it. Bolton said “He’s my lawyer, of course I agree. Indermark concluded his cross examination of Bolton by asking “Because you are a merit protected employee you were entitled to a hearing.” Bolton said “Yes.”

REDIRECT OF TERRELL BOLTON with McKenney McKenney: You were asked questions on Comp Time. Did anyone from HR ever contact you to let you know you were in violation of County Policy? Bolton answered “No.” McKenney: How many graduations had you attended before CEO Ellis, and did you speak based on a program? Bolton said he had attended about 10 graduations, and that he could talk at any time. McKenney: What was Keisha Williams educational background? Bolton said “She had a bachelors from Texas A&M, her masters from a school in Nevada and years of continuing education. McKenney: Any County rule prohibiting her from wearing the uniform? Bolton said “No. The Chief of Police can supersede any rule.” McKenney: Do you feel Keisha Williams represented the County properly? Bolton said “Yes I do.” McKenny pointed out that Bolton issued new cars to Keisha Williams and Karen Anderson around the same time. Bolton confirmed that was true. McKenney asked what Keisha’s badge said. Bolton responded “Assistant Director of DeKalb County.” McKenny asked if Bolton looked on the internet to try and find an appropriate badge. Bolton stated he did. McKenney asked if Chaplains also received badges similar to Keisha’s. Bolton said “It is done all over the county and I think the sheriff does it too. I don’t believe people can’t see how normal this is.” McKenney asked when the CEO came into office. Bolton said “January 1, 2009.” McKenney asked if the range Rover and the Mercedes were in Bolton’s garage (when CEO Ellis took office). Bolton said “No.” McKenney asked Bolton when his Blackberry was removed when he was at the hospital. Bolton said “When I went into the hospital my wife took my two phones. I was near death and Lucille was trying to help me keep my job. McKenney asked the reason for the second meeting on Feb 9th. Bolton said “He had a document drawn up and I told him I wouldn’t sign it without a lawyer.”

Terrell Bolton – Merit Hearing, Day 4 McKenney asked Bolton if he contacted him by phone or in person on February 9th. Bolton said “By phone.” McKenney asked if Bolton attempted to seek clarification on the Comp Time Policy. Bolton said “Yes, I sent e-mails, made calls.” McKenney went on to ask Bolton if he was familiar with the term “Use it or loose it” Bolton said “Yes. McKenney then said “When someone leaves DeKalb County they are paid for unused sick time?” Bolton said “If you reach a certain milestone you get paid.” McKenney asked if there is any written documentation regarding comp time Bolton received from CEO Ellis/Administration? Bolton said No. Phyllis Williams said Vernon Jones said you could earn comp time when you first came into DeKalb. I wonder why it was never put into writing?” Bolton said “We had a handshake agreement. McKenney: At graduation did you think the CEO was trying to go around the chain of command? Bolton said “I was thinking Malicious Compliance. I was an advisor to the CEO and the Police Chief. I would get sued with everyone else and I was concerned. I leaned over and talked to the CEO about it.” INDERMARK Indermark: Your previous testimony said you did not receive Keith Barker’s e-mail. But you were receiving and making phone call. Bolton said “I didn’t get it. That is why I asked Karen Anderson on February 2nd to have the CEO call me.” Indermark: You were out of contact with the CEO’s Office for an entire week? Bolton said “Yes.” Indermark: Why did you change the meeting time, when there was a regularly scheduled meeting? Bolton said “I moved it up. I wanted them all there. There was media coverage. The CEO was giving press conferences about my health. Part of my disease is that my sequential process was off during that time (in the hospital). You can’t issue and order. I was sick. That is the law. I didn’t dream that up.”

REBUTTAL WITNESSES (for the County) Rebuttal - Lt. Yarbro - Indermark Indermark reviewed the following sections of the Police Manual with Lt. Yarbro and asked if they were in effect in 2008/2009. 3-2.6 Comp Time, 3-6.6 County Property, 3-6.7 County Vehicles. Yarbro agreed they were sections of the manual and believed all sections to be in effect during 2008/2009.

Terrell Bolton – Merit Hearing, Day 4 Lt. Yarbro – McKenney Cross Examination McKenney has Yarbro review App. Exhibit 81 and specifically reviews Section 1 – 2, Sub section A 2nd line. Yarbro reads “The Chief of Police is responsible.” McKenney then asks if he agrees that the Chief of Police has the authority to change policy. Yarbro said “Yes.” Rebuttal – Keith Barker – Indermark Comp Time was discussed and Barker said Bolton first discussed comp time in an impromptu January meeting (Barker and Bolton being the only 2 people at the meeting). Barker said at that meeting they also discussed generally if the CEO was comfortable with Bolton as Chief of Police. Bolton said he would step aside if he had a parachute/compensation. Barker went on to say the impromptu meeting was held in the 330 Building on the 6th floor in the exterior conf. room. Keith Barker – McKenney Barker stated he was not aware that Bolton continued to accrue and take comp time after Ellis became the CEO. Barker also mentioned a senior staff meeting that took place in January where Policy Changes (including Comp time) were discussed by Ellis, and that Bolton was there. At the impromptu meeting Barker said he and Bolton discussed several things – previous utilization of comp time was a topic. Barker stated Bolton wouldn’t have the same flexibility as he did in the previous administration. McKenney stated utilizing the Open Records Act he found there were no memos to senior staff members regarding the change of comp time. Barker said the policies are clear and it was stated verbally in the senior staff meeting. Barker said the news media felt it was an issue so we needed to address it. Phyllis Williams asked Barker about the senior staff meeting. Barker said he thought it was on January 19th (but he did not have his calendar to confirm the date). He said the CEO articulated changes, and brought up the use of comp time. The CEO expressed his views on Comp Time, and he was very clear in that he feels highly compensated employees should not receive comp time. The CEO used himself as an example saying that they needed to work the necessary hours to get the job done without accruing comp time. McKenney asked if there was an attendance sheet of who was in the senior staff meeting, or if there was follow-up documentation. Barker indicated there was not follow-up documentation and attendance was not taken, but he said “I recall Chief Bolton was there.” After a short break, McKenney made a motion to point out to Phyllis Williams that January 19th, 2009 was MLK Day and he believed the County Offices were closed thus no Senior Staff meeting would have taken place on that day.

CLOSING – McKenney The new CEO wanted to remove the existing police chief. Most counties have that right. DeKalb does not because he is merit protected. Ellis had to find a way to terminate him, and all this because of a comment that was misconstrued that the CEO was an “enemy.” For the first time in history the Sherriff’s Office is protecting the CEO. News media coverage on what may have happened under the Jones administration. The police chief is responsible for policies. Based on that the Chief of Police is authorized to issue civilians unmarked police vehicles especially when she was his next in charge. It is a non-issue because the CEO cannot retroactively discipline the

Terrell Bolton – Merit Hearing, Day 4 chief for what happened under another administration. Badges are issued to surgeons, chaplains, and can be purchased on the internet. Keisha’s badge says assistant director. Those are non-issues. Officers did not like taking orders from a civilian but that is not an issue. The CEO never gave notice that he was unhappy with the chief in regards to the badge/uniform. Vehicles and the controversy they created were under the last administration. By the time the new CEO took office, the cars were a non-issue. What is significant with App. 56 – the CEO is required to state what is wrong. The Pre-Termination letter was faxed over at 5:33 on a Friday and required the employee to respond to allegations by 10am on Monday. That is effectively 1 hour of time to respond (McKenney had previously stated he did not include the weekend days). Working over the weekend, Mr. Bolton was able to get somewhat of a response. The letter should have been delivered by hand or certified mail. There was a hidden motive – a lack of time to respond. Mr. Bolton did not tell Karen Anderson not to terminate Keisha Williams. He could have removed KA (as acting chie), and taken over, but he merely prayed for her. The order to terminate Keisha was not directed toward Mr. Bolton, he was ultimately responsible. The chief was never given the order to terminate Keisha. Regarding what the County says that the Chief violated an order (by the CEO) by scheduling an 8am meeting, the only evidence the county presented is that the e-mail was opened. But we don’t know by who. Could have been his wife. Why would Bolton ignore an e-mail after hearing rumors that he might be terminated. He was fighting for his job. He was in the hospital. Can you issue orders to someone who is sick? Barker staing he wanted to see the doctor’s orders. Misused County Property – the County has not indicated that the Chief of Police didn’t have the authority. There is no violation. CEO could have said 7 vehicles was too many, but there is no ordinance or policy violation. From the Pre-Termination letter “During administrative leave I learned your had 2 seized luxury cars.” This is retroactive and therefore a non-issue. Conduct unbecoming of a Police Chief. We believe it is unconstitutional and unreasonable and does not give fair notice. He denied that he told someone to call in sick. We covered that. All the Chief did was to protect the CEO. The CEO put his foot in his mouth. The Chief did not say “Disobey what Ellis said.” It was the first time in history the Chief’s name was not on the graduation program. Regarding Police equipment and clarification of Comp time, at no time prior to termination did Ellis meet with Bolton. The staff meeting was hypothetically on a holiday – MLK – all we have is Keith Barker saying he had an impromptu meeting. If they changed a policy, they should have documented and monitored. There was no progression of discipline. 8 hours of comp time accrued in 2009, and then fire him. And insubordination at graduation. No evidence of a progression of discipline. No memos, no documentation. The CEO was concerned that he thought he was the enemy. It was political. The CEO did not have the authority to do what he did. We believe Bolton should be reinstated retroactively. Then meetings can take place and if there are problems then at least he will know. We hope you allow the chief to go back to work. He

Terrell Bolton – Merit Hearing, Day 4 may not want to go where he is not liked, but he did do a good job for DeKalb. Shootings were down.

CLOSING – Indermark Bolton was terminated for several different reasons. Conduct unbecoming of an officer: Equipment issue with Keisha Williams. She was a civilian. Bolton had KW commanding sworn officers despite not having a law enforcement background. She was not a law enforcement officer and she could not by law use the car she was given (lights). Money in DeKalb does not grow on trees. The money would have been better spent on officers fighting crime. Karen Anderson testified Bolton told her to call in sick. Bolton publically refuted comments made by the CEO seconds earlier. The CEO implemented and open door policy. He has the right to do that. Bolton who was not scheduled to talk at that time said “Make no mistake, there is still a chain of command.” Bolton also stated (during testimony) that if CEO Ellis wants to run the police department then he needs to go through the academy. Bolton doesn’t seem to get that he is not in charge. Comp Time: Comp time is a component of termination. All requests for comp time must be approved in advance. When Burrell Ellis took office we went back to square one. Bolton didn’t ask if he could take comp time, he just took it. He even had the nerve to take Comp Time for CEO Ellis’ Inauguration and a Candlelight Vigil – and this after he was blasted in the media for taking 70 full days of comp time in 2 years. Why didn’t Bolton hold off taking Comp Time until he had an answer? You saw his sick leave and annual leave. Why didn’t he just use that to go see his family? Maybe it is because he wanted to get paid for it down the road. For a chief who is supposed to follow the rules, this is conduct unbecoming. What could justify 7 cars for one person? What could justify putting them in different cost centers? He also wanted 2 seized vehicles because he thought they were very nice. He drove them, he had Tip green refuel them at the County’s expense. He hasn’t said once why the cars were used. Not for official business. Vernon Jones said the DA wanted the cars and Bolton had to hide them till it was all worked out. Vernon Jones didn’t give Bolton permission to store the cars at his house or drive them for unofficial use. Seized vehicles can only be used for official business. Polices state that, but as police chief Bolton didn’t take the time to read the policies. The policy states seized vehicles are not to be used for “Any kind of personal use.” Regarding retroactive discipline, there is no policy saying an incoming CEO cannot discipline what happens in a past administration. It is a total red herring. There is no documentation (of a policy) because I’m sure if there were it would have been produced (by McKenney.) Bolton’s DA story doesn’t hold water. We heard Craddock state that Bolton’s daughter liked the Range Rover. And We heard testimony from multiple people that the DA did not want the vehicles.

Terrell Bolton – Merit Hearing, Day 4 Is it any accident that the two most expensive vehicles in DeKalb end up in Bolton’s Garage? This was improper if not illegal use of cars and is conduct unbecoming. Regarding Keith Barker’s e-mail to Bolton which was received at 1:28 on February 3rd, we learned from Bolton’s testimony that he was no longer in the hospital on that date. Even if his wife received the e-mail she would have notified him. February 2nd – February 5th Bolton called dozens of people, received and sent emails. There is no reason why he wouldn’t have received Keith Barker’s e-mail at 1:28 on February 3rd. Bolton’s claim isn’t to be believed. If he received the e-mail, then setting up the meetings (Feb. 9th 8:30am and 9:30am) is a violation of a directive. After receiving Barker’s e-mail he instructs Boyd to schedule irregularly timed meetings. He was trying to be sneaky. He thought his job was on the line and the was trying to circle the wagons. Trying to hold meetings early enough so it won’t be blatantly obvious that he was violating the CEO’s directive. These are actions we can judge. The meetings and the time of meetings show he knew about Keith Barker’s e-mail, so he clearly violated a directive and that is insubordination. Ellis tried to meet with Bolton on February 2nd but Bolton cancelled that meeting. Even Keith Barker’s e-mail to Bolton on February 2nd shows the intent to meet saying “I will see you at 6pm today.” But Bolton only complains “They wouldn’t meet, they wouldn’t meet.” I don’t think Bolton could have revoked Karen Anderson as acting chief (section 1-3.2). he simply could not reclaim his control and not have an acting chief. The CEO gives Karen Anderson a direct order. On the evening od February 2nd. At this time Bolton is in the hospital. He tells her in no uncertain terms not to do it. Hold off. He’s essentially telling her to disobey a direct order. This is conduct unbecoming of an officer. Bolton tells different stories (regarding talking with Karen Anderson about CEO’s order to terminate Keisha WIlliams). Today he said he had sequence issues and that was part of his disease. When he testified last month he said he was clear and lucid, and that it was Karen Anderson who was confused an upset. Then to the Department of Labor Bolton says he was sedated so he doesn’t really remember speaking to Karen Anderson. He was willing to throw Karen Anderson under the bus to save his favorite, Keisha Williams. And then there was Vernon’s unusual claim that Bolton wasn’t insubordinate. Countermanding an earlier order rests with the person giving the later order. He has a duty to go to the CEO and get him to change his mind. Bolton made no attempts to call the CEO, but talks to dozens of other people. He doesn’t even try to follow his own department’s rules. Bolton should have called the CEO, not the other way around. This is insubordination and justifies Bolton’s termination. McKinney focused more on conspiracy than evidence in his closing. There is no evidence that there was a grand conspiracy as McKenney suggests. There is arrogance by Mr. Bolton. Bolton thinks the rules don’t apply to him. Today we found out he didn’t even bother to read the police manual. His arrogance got him in trouble. I like these cars, I’m going to take them. Didn’t want Keisha Williams terminated, told Karen Anderson not to do it. Individually any one of these items in the Pre-Termination letter is reason for termination. Cumulatively it is more than enough grounds for termination.

Terrell Bolton – Merit Hearing, Day 4