C I T Y COU NCI L

K E V I N ROBBI NS
P E RC Y B . G I L L
RE B E C C AWI N G E TTTHORNTON
S T E V E G A N TT
G R E G JON E S
September 11, 2014
V I A C E R T I F I E DM A I L A N DH A N D D E L I V E R Y
CeceliaDixon
5454Jackson Road
Wetumpka, A L 36093
RE: Noticeof Proposed Disciplinary Action
Dear Chief Dixon:
This letter is to notify you that theWetumpkaCity Council has proposeddisciplineupto
and including termination of your employment as Chief of Police. This proposed disciplineis
based upon numerous instances of unacceptableconduct.
As you know, recently, DanaB. Hill, an attorney from Chelsea, Alabama, conducteda
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 moreallegations 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 alongwith asynopsis of theevidence considered in her
conclusions is attachedhereto.
As stated above, Ms. Hill determinedthat thereis substantial evidenceto support seven
allegations asserted against you. Thefollowing sets out thesections of theemployeeconduct
policies that such conduct violates. Please note that there may be other employee conduct
standards implicatedby your conduct of which there is substantial evidence pursuant to Ms.
Hill's investigation andreport.
Policy601. Section 2.1. subpart 2. Abuseof Position
Y ou instructedofficers under your commandtofollow or otherwisemonitor theactivities
of theWetumpkaFireChief.
MA Y OR
J E R R Y W I L L I S
CI T Y CL ERK/TREA SURER
J A N I C E G .WHORTON
Citp of Wetumpka
"City of ^afural Ibeauty"
P.O. Box 1180 Wetumpka, Alabama36092 334/567-5147 Fax 334/567-1307
You ordered police officers not to have communication with the Mayor or council
members and threatened bodily harmor 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 whomyou
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 themto a shift whereby they
reported to lower ranked officers.
You engaged in unprofessional behavior, as follows:
o Threatening subordinate employeeswith 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. Section2.1. subpart 4. Conduct Unbecoming an Emplovee
You instructed officers under your command tofollow 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 harmor disciplinary action i f the employees did so
communicate.
You encouraged officers to not write tickets to certain citizens or persons with whomyou
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 themto a shift whereby they
reported to lower ranked officers.
You engaged in unprofessional behavior, as follows:
o Threatening subordinate employeeswith 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
2
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. Section2.1. subpart 6. Insubordination
You ordered police officers not to have communication with the Mayor or council
members and threatened bodily harmor 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. Section2.1. subpart 10. Theft or Abuse of Property.
You donated equipment to theCity of Eclectic without prior approval and/or failed to
declare equipment as surplus.
Policy 601. Section2.1. subpart 15. Abusive Conduct
Threatening subordinate employeeswith 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 themto a shift whereby they reported
to lower ranked officers.
Policv 601. Section2.1. subpart 16. Threatening Behavior
Threatening subordinate employeeswith 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
3
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. Section2.1. 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.
I n 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. A ll of the conduct listed above would violate these general
requirements of employee conduct.
You have the right to request a pre-disciplinary hearing before theCity Council regarding
the proposed discipline, termination,within ten (10) working days. Should you desire such a
hearing, you must make such a request inwriting. You may deliver the written request to the
City Attorney, Regina Edwards, 109 East Bridge Street, Wetumpka, A L .
203).
Sincerely,
W.G. Jones
For the City Council
Enclosures
4
SeptemberS, 2014
Pages
I I I . I NVESTI GATI ON CONCLUSI ON
The far majorityof the complaints appear to be made by approximatelyfive Caucasian, male
officerscuiTently employedwith the Wetumpka Police Depailment. Because of their race, age and
gender, the credibilityof their complaints may be largely scrutinized. Notwithstanding, some of their
allegations appear to be credible andwere further supportedby 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 anda review of the
docmnentary evidence identified above, I have concludedthat there is substantial evidence to support
thefollowing allegations against Chief Dixon:
* That she instructedofficers tofollow 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 i f the
employees so communicated;
That she instructeddepartment employees to report to her or deputy chief if they
contactedthe 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 donatedcertain equipment to theCity of Eclectic without prior approval
fi'om the Mayor or City Council and/or failed to declareCity 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 demotedranlcedofficers 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 continuedemployment, workplaceyelling, 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
thefollowing allegations against Deputy Cliief Crenshaw:
* That he required police officers to use the Scorpion audio/video camera with
loiowledge that the equipment waslikely 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 himor 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
stemfrom 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 I nformation."
* * *
Regina, thanlc you forrefeiTing 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