CITY COUNCIL K E V I N ROBBINS P E R C Y B . G I L L

R E B E C C A WINGETT THORNTON S T E V E GANTT G R E G JONES

September 11 ,2014

V I A C E R T I F I E D M A I L A N D H A N D D E L I V E R Y

Cecelia Dixon 5454 Jackson Road Wetumpka, AL 36093

RE: Notice of Proposed Disciplinary Action

Dear Chief Dixon:

This letter is to notify you that the Wetumpka City Council has proposed discipline up to and including termination of your employment as Chief of Police. This proposed discipline is based upon numerous instances of unacceptable conduct.

As you know, recently, Dana B. Hill , an attorney from Chelsea, Alabama, conducted a thorough and extensive investigation concerning your conduct. Ms. Hill 's report, issued on September 5, 2015, lists seven allegations which Ms. Hill determined were supported by substantial evidence. While there are perhaps more allegations that can be substantiated, this communication focuses on those listed by Ms. Hill in her investigation report. A copy of Ms. Hill's conclusions as to your conduct along with a synopsis of the evidence considered in her conclusions is attached hereto.

As stated above, Ms. Hil l determined that there is substantial evidence to support seven allegations asserted against you. The following sets out the sections of the employee conduct policies that such conduct violates. Please note that there may be other employee conduct standards implicated by your conduct of which there is substantial evidence pursuant to Ms. Hill's investigation and report.

Policy 601. Section 2.1. subpart 2. Abuse of Position • You instructed officers under your command to follow or otherwise monitor the activities

of the Wetumpka Fire Chief.

MAYOR

J E R R Y W I L L I S CITY CLERK/TREASURER

JANICE G . WHORTON

Citp of Wetumpka

"City of ^afural Ibeauty" P.O. Box 1180 • Wetumpka, Alabama 36092 • 334/567-5147 • Fax 334/567-1307

• You ordered police officers not to have communication with the Mayor or council members and threatened bodily harm or disciplinary action i f the employees did so communicate.

• You instructed department employees to report to you or the deputy chief i f they contacted the mayor, city officials and/or city council members.

• You encouraged officers to not write tickets to certain citizens or persons with whom you were familiar.

• You donated equipment to the City of Eclectic without prior approval and/or failed to declare equipment as surplus.

• You temporarily demoted ranked officers by assigning them to a shift whereby they reported to lower ranked officers.

• You engaged in unprofessional behavior, as follows: o Threatening subordinate employees with bodily harm o Threatening subordinate employees' continued employment o Workplace yelling o Personal attacks on other employees o Personal shaming of employees o Using demeaning words and profanity o Using racially insensitive mannerisms o Making comments which are inappropriate in the workplace o Mistreating some employees and preferentially treating other employees

Policv 601. Section 2.1. subpart 4. Conduct Unbecoming an Emplovee • You instructed officers under your command to follow or otherwise monitor the activities

of the Wetumpka Fire Chief • You ordered police officers not to have communication with the Mayor or council

members and threatened bodily harm or disciplinary action i f the employees did so communicate.

• You encouraged officers to not write tickets to certain citizens or persons with whom you were familiar.

• You donated equipment to the City of Eclectic without prior approval and/or failed to declare equipment as surplus.

• You temporarily demoted ranked officers by assigning them to a shift whereby they reported to lower ranked officers.

• You engaged in unprofessional behavior, as follows: o Threatening subordinate employees with bodily harm o Threatening subordinate employees' continued employment o Workplace yelling o Personal attacks on other employees o Personal shaming of employees o Using demeaning words and profanity o Using racially insensitive mannerisms

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o Making comments which are inappropriate in the workplace o Mistreating some employees and preferentially treating other employees o You instructed department employees to report to you or the deputy chief i f they

contacted the mayor, city officials and/or city council members.

Policv, 601. Section 2.1. subpart 6. Insubordination • You ordered police officers not to have communication with the Mayor or council

members and threatened bodily harm or disciplinary action i f the employees did so communicate.

• You instructed department employees to report to you or the deputy chief i f they contacted the mayor, city officials and/or city council members.

Policy 601. Section 2.1. subpart 10. Theft or Abuse of Property. You donated equipment to the City of Eclectic without prior approval and/or failed to declare equipment as surplus.

Policy 601. Section 2.1. subpart 15. Abusive Conduct • Threatening subordinate employees with bodily harm • Threatening subordinate employees' continued employment • Workplace yelling • Personal attacks on other employees • Personal shaming of employees • Using demeaning words and profanity • Using racially insensitive mannerisms • Making comments which are inappropriate in the workplace • Mistreating some employees and preferentially treating other employees • Temporarily demoting ranked officers by assigning them to a shift whereby they reported

to lower ranked officers.

Policv 601. Section 2.1. subpart 16. Threatening Behavior • Threatening subordinate employees with bodily harm • Threatening subordinate employees' continued employment • Workplace yelling • Personal attacks on other employees • Personal shaming of employees • Using demeaning words and profanity • Using racially insensitive mannerisms • Making comments which are inappropriate in the workplace

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• Mistreating some employees and preferentially treating other employees

Please note that this conduct listed under subpart 16 prohibiting threatening behavior would also constitute prohibited conduct under the City's workplace violence policy (policy

Policv 601. Section 2.1. subpart 22. Unauthorized Use of Propertv. You donated equipment to the City of Eclectic without prior approval and/or failed to declare equipment as surplus.

In addition, as set out in section 1.0 of the employee conduct policy, employees of the City of Wetumpka are expected, at all times, to conduct themselves in a positive, professional, courteous and helpful manner. Further, under section 1.0, employees are expected to a) treat all coworkers courteously; and b) refrain from behavior or conduct that is offensive, undesirable or contrary to the City's best interests. Al l of the conduct listed above would violate these general requirements of employee conduct.

You have the right to request a pre-disciplinary hearing before the City Council regarding the proposed discipline, termination, within ten (10) working days. Should you desire such a hearing, you must make such a request in writing. You may deliver the written request to the City Attorney, Regina Edwards, 109 East Bridge Street, Wetumpka, AL.

203).

Sincerely,

W.G. Jones For the City Council

Enclosures

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September S, 2014 Pages

I I I . INVESTIGATION CONCLUSION

The far majority of the complaints appear to be made by approximately five Caucasian, male officers cuiTently employed with the Wetumpka Police Depailment. Because of their race, age and gender, the credibility of their complaints may be largely scrutinized. Notwithstanding, some of their allegations appear to be credible and were further supported by other witnesses' testimony and/or documentaiy information.

Enclosed herewith please find a 22 page detailed memorandum with a synthesis of the specific allegations asserted against Chief Dixon and relevant testimony taken from witnesses' statements regarding the allegations. Based upon the witness statements and a review of the docmnentary evidence identified above, I have concluded that there is substantial evidence to support the following allegations against Chief Dixon:

*• That she instructed officers to follow or otherwise monitor the activities of Fire Cliief Willis;

• That she ordered police officers not to have communication with the Mayor or Council Members and/or tln-eatened bodily hai-m or disciplinaiy action if the employees so communicated;

That she instructed department employees to report to her or deputy chief if they contacted the Mayor, City officials, and/or City Council Members;

• That she encouraged officers not to write tickets to certain citizens or persons with whom she was familiar;

That she donated certain equipment to the City of Eclectic without prior approval fi'om the Mayor or City Council and/or failed to declare City equipment surplus (this issue, however, appears to have already been addressed by the Mayor with Chief Dixon before this investigation was conducted);

That she temporarily demoted ranlced officers by assigning them to a shift whereby they would be reporting to lower ranlced persons;

*• Thai she engaged in unprofessional behavior, including threats of bodily hann, tlireats to continued employment, workplace yelling, personal attacks, personal shaming, demeaning words, use of profanity, use of racially insensitive mannerisms, inappropriate comments, mistreatment and/or preferential treatment to certain employees.

Also enclosed is a 12-page detailed memorandum with a synthesis of the specific aliegationsassertedagainstDeputy Chief Crenshaw and relevant testimony taken from witnesses' statements regarding the allegations. Based upon the witness statements and a review of the documentar>' evidence identified above, I have concluded that there is substantial evidence to support the following allegations against Deputy Cliief Crenshaw:

*• That he required police officers to use the Scorpion audio/video camera with loiowledge that the equipment was likely defective;

*• That he has used demeaning tone and words towards certain employees, used profanity, made threats to employees regarding continued employment, and/or made inappropriate comments pertaining to employees' heritage and/or family life;

That he instructed department employees to report to him or Chief Dixon i f they contacted the Mayor, City officials, and/or City Council Members.

The investigation also suggests that a primary source of the issues arising in the department stem from some apparent dispute and/or a perceived "power struggle" between the Police Department administration and the Mayor's office. Additionally, there is low morale tln'oughout the department, a lack of distrust among the department police officers, a lack of respect for current authority and chain of command, a lack of training/understanding of City policies and procedures, as well as departmental policies and procedures (particularly those relating to persomiel management). These observations are supported by testimony set forth in both memorandums under "Miscellaneous Information."

* * *

Regina, thanlc you for refeiTing this matter to me for handling. I f you, the Mayor, and/or the City Council have any questions or concerns, feel free to contact me.

DBH/sg

Attacliments