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HomeMy WebLinkAbout1976-04-06 Regular Meeting CITY OF GRAPEVINE, TEXAS AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 6, 1976 AT 7:30 P. M. COUNCIL CHAMBERS - 413 MAIN STREET I. CALL TO ORDER II. INVOCATION: Willis Pirkle � III. CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS AND DISCUSSIONS City Council to review the consideration of a personnel decision made by the City Manager. IV. CONSIDERATION OF THE MINUTES (March 16, 23, & 24, 1976) V. OLD BUSINESS VI. NEW BUSINESS A. City Council to canvass the ballots of the 1976 General City Officers Election. B. City Council to consider an ordinance to revise the Salary Classification Plan of city employees. I C. City Council to consider an agreement authorizing the Grapevine Little League Association to operate the concession stand at Oak Grove Park baseball field. City Council also to consider summer recreational activities. D. City Council to consider a Resolution by the Mayor' s Council to establish a county wide Utility Rate Study Committee. E. City Council to consider a Resolution by the Mayor ' s Council regarding the continuation of the Revenue Sharing Program. VII. ADJOURNMENT ; IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 2ND DAY OF APRIL, 1976 AT 1:15 P.M. City Secre r CITY OF GRAPEVINE, TEXAS EMERGENCY AGENDA TTEM REGULAR CITY COUNCIL MEE'T'ING TUESDAY, APRIL 6, 1976 AT 7: 3p P. M. CtaUNCIL CHAMBERS - 413 MAIN STREET VI. NEW BUSINESS F. City Council �o consider a resolution calling far a runaff General City Electian af City O�ficers for: Council Place 3 � Cauncil Place 5 This emergency agenda item has been glaced an the City Counci7, Agenda as immed ia�.e action is necessary to insure the health, safety, and general welfare af the citizens af Grapevine, Texas . IN ACC4RDANCE WITH ARTICLE 6252-1'7 V.A,T.C.S. , AS AP+TENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION 1969, Z'HIS EMERGENCY CITY COUNCIL AGENDA WAS PREPARED AND POSTED ON THIS THE 5TH DAY OF APRIL, 1976 AT 11: 30 A.M. CITY S CRETA :) STATE OF TEJCAS � % COUNTY OF T.ARRANT � CITY OF GRAPEVINE � � The City Cauncil of the City of Gxapevine, Texas convened in regulaz session at 7:35 P.M. on this the 6th day af April, 19�b with the following members present to-wit: William D. 2ate Mayar Doil Dalton Councilman Thelma Conine Counci3woman Larry Oliver Councilman Wi12is Pirkle Counciiman Bob Murphy Councilman Charles Dunn Cauncilman con�tituting a quorum, with Floy Ezell Ca.ty Manager Jim Hancock � Assistant City Manager Shirley Armstrong City Secretary John Boyle City Attorney Mayor Tate called the meeting �Go ordex. 2he invpcation was given by the Rev. Montgomery. Mayor Tate welcamed the visitors and e,�cplained that there was an item or two on the agenda that must be attended to before the Counci.l cota2d proceed with the Pub3ic Hearing. The fizst arder of business was for the City Cauncil to canvass the ballots of the 1976 General City Officers Election. 2he City Secretary then. provided the Council members with copies of the E].ection Tally Sheets for their approval. Mayor Tate then read the results of the Ci�y Officers Election as follows: Council Place 3 Ann Carlson 275 WiZlis Fa.rk2e 292 Mike Davis (write-in) 219 Thelma Conine (write-in) 1 Council Place 4 Davi.d Florence 45b R.E. "Bab" Murphy 315 Council Place 5 Charles Gideon 395 Aulton Mullendore 19Q Donald Kaker 194 Thelma Conine {write-in} 23 Mayor Tate then stated that a motion was in order. Cauncilman Dunn made a motion to certify the tabulation of the votes. 2he motian was seconded by Co�nciltnan 4liver and prevai.led by the following vote: Ayes: Tate, Conine, Murphy, Oliver, Dalton, Pirkle and Uunn Noes: None � Mayar Tate then stated that the next order af business was to �et a date for �he runoff election betv+reen Willis Pirkle and Ann Carlsan in Place 3 and Charles Gideon and Donald Kaker in Place 5. The Mayor then asked the City Manager if he had any recommendations. The City Manager stated that a resolution had been prepared for the City Council to call an election to be held between 30 and 45 days following the regular election. The City Secrefiary then read the zesolutian. Mayor Tate asked the City Manager if he had a recommended date for the runaff election. The City Manager acknowledged that Saturday, May 15th wouid give sufficient time ta camply with our City Charter and state laws pertaining to advertising i and absentee vating. The Gi.ty Secretary then stated � that that date would be incorporated in Resolution #'7_6,�,�,10. Mayor Tate �tated that if there was no discussion a motian was in arder. Councilman Pirkle made a motion to adopt the resolution. The motian was seconded by Councilman Dalton and prevai2ed by the fal2owing vote: Ayes: Tate, Canine, Oliver, Murphy, Pirk].e, Dalton & Dunn. Nayes: None Mayar Tate stated that Dava.d Flarence had been certified as a Cauncilman in Place 4 and asked if the City Manager wauld administer the Oath of Office. The City Manager asked Mr. Florence to come forward and then recited the Oath of Office. Councilman Rlorence then took his respecta.ve seat on the Council. Mayor Ta�te and other �embers of the Council congratula�ted Councilman Florence. Mayor Tate theri thanked Caunci2man Murphy for his dedicated serva.ce to the city and his contributian ta �, the community for the past two years. ' The next order of business was for the City Council to re- view the cansideration af a personnel decisian made by � the City Manager. Because of the seriousness of this item a court reporter was present. A copy of that repart is attached hereto and made a part hereof to the minutes of the City Counci.l meeting af April E>, 197b. Mayor Tate asked the City Attorney to explain the purpose of the Public Hearing. The City Attorney stated that one questian had arisen concezning moving the Public Hearing to ano�her location because o�' the expected large crowd in attendance. He further commented that it was his recommendation and opinion that this not be done because of the Charter requirements far the meeting to be held in City Hall and also the open meeting law that certain natice be given prior to a Public Hearing. The City Attorney then stated that concerning the scope of the Public Heaxing, the City Manager, under the Grapevine City Charter, is the Chief Administrative Offi.cer of the City and has the authority to admi.nister and supervise a2I departments of the City. He further commented that persuant ta this charter provision the City Manager does have the autharity relative to the Palice Department and in accardance with this did termir�ate the Chief of Pc►lice an March 34th of this year. The City Attarney further acknowl.edged that the Charter also provides in Section 402 that the hiring and termination af the Chief of Police shall be with the approval of the Counci3. He f also s�tated that persuant to �his provisic�n of the Charter the matter before the Cauncil at this time is to review the decision of the City Manager to terminate the Chief. The City Attorney further commented that also in accordance with that provision and with the open meeting law, that Chief James Lilly has requested a Public Hearing on the matter to cansider the dismissal. The 1 City Attorney then presented the Council with the ora.ginal letter from James Lilly requesting the Public Hearing. He � further commented that the scope of the Gounc.ii1� reviews wa� the decisian of the City Manager�s office to terminate the Chief f rom his position. on March 30th of this year. He further commented that the Mayor, being the Chief Presid- ing Officer of the Council, shall set out the ru2es and regulations by which this particular hearing sha11 be governed. The City Attorney stated that this meeting was to be a hearing and not a trial. He continued by saying that it does nat entail nor encompass the rules af evidence of a trial and wi21 not include cross examina�tiaz but it is to be conducted in a reasonable manner to give all parties who desi.re to be heard on the matter an apportunity to be heard. The City A�torney further stated that after that the Cour�ci2 wil� make �.its decision to approve or disapprove � the decisian of the City Manager. The Mayor then stated that a court reporter was present and that each witness wishing to speak would be given an oath. He further e�lained that everyane wishing ta speak �hauld go ahead and take the oath, but that the oath did not obligate them to speak shau2d they change their mind. He further stated that despite the large crowd it was the Council�s ' desixe to hear everyone that wished to speak, He did ask that each speaker stay witha.n the scope of the inquiry. He stated ' tha�t it was the intent of the council to have as fair a Public Hearing as passible. He then acknawledged that the procedure would be as follows: Mr. Ezell will give the reasons for Mr. Li12y�s dismissal, The Council wi21 have an appartunity ta question Mr. Eaell if they like; Mr. Lilly or his attorney wil2. then have an opportunity to make a statement; those in the audience wishing ta speak will be recogni2ed; if �he speaker has any que5ti.ons he should address it to the Council, j: not to Mr. Lilly or any other person; after the Public Hearing is closed, the Council will debate the issue and render a decision. The Mayar then asked if there were any questians. Mr. Bill Butcher, attorney for Mr. Lilly asked if the Council would sit as an appea3 board after the matter is intraduced for your decision concerning the dismissal. The mayor then addressed the City Attorney and asked what the procedure was unde= the City Charter. The City Attorney answered that the Council would review the decision af the city manager and all other testiznony before it. The matter wil.l then be closed ta the floor and the Council�s decision will. be strictly either ta approve or disapprove the decis�.on. Mr. Butcher then stated that the way he understaod it; the Council would de- cide whether or not they wanted to apgrove or disapprove the decision by Mr. Ezell. Mr, Butcher further stated that M�. Lilly has fa.led, with Mr. Ezell, a request far an appeal hear- ing before the board o�' appeal. The City Attorney stated that this would be the sole oppoxtunity under the charter and the orda.nances to be heard in regard �o this decision and any other matter in relation ta the decision. Mr. Butcher then asked for a capy af the charges that were to be read against Mr. Lilly. The City A�torney stated that Mr. Ezell would make his statement to the Council shortly. The City Secretary then swore in those present that wished to make a statement. Mr. F3oy Ezell, City Manager then made the following statement: "Mr. Mayor and members of the City Council, as previously stated by the City Attorney, the pur- pose of the agenda item that yau are to cansider is a reva.ew of my decisian to terminate Mr. Li.11y as Chief of Police of the City of Grapevine. The Chief was termi.nated and remaved fram c�ffice the 30th day of March, ].976. On the same date, M�c. Bill McLain, the Assistant Chief, was naFned � � � � as Acting Chiefof Police and is presently serving in that capacity. The decision I made, and the action I took, was in accordance with the City Charter which sets out my duties as chief administrator and executive officer of the city. My decision was one that did not arise from any single incident or from facts only recently occuring. A decision such as this is never easy, and it is certainly not fair to all if done hastily, or with- out due regard for the total service of the official in question. Mr. Lilly has been employed by the City in the police department for 9 years. He has been chief of police since F'ebruary 1969. The principle reasons for termining Mr. Lilly are as follows: 'nistra- 1. Lack of adequate supervision in admi tion of his department. 2. Railure to respond to directives from my of f ice. 3. Uncooperative attitude with the City Mana- ger�s office and other department heads. 4. Failure to properly handle responsibilities in municipal court and in relation to the animal control warden. 5. Continued excessive requests for the police department�s budget. 6. Failure to be on the job during working hours. I 7. Date and information furnished to me by a ' special committee of the City Council in investigating the police department. On many occasions in the past I have discussed problems with the chief and found him to be re- sentful of the requests relative to the operation of the police department. It is my opinion that the chief did not look upon me as the chief administrative officer of the city and that he was responsible for reporting to the city manager as required by the City Charter. The chi:ef had the responsibility for complaints and warrants in municipal court prior to January lst of 1974. It has recently come to light that approximately 1000 citations were issued with no follow-up what so ever in terms of filing complaints or regarding the issuance of warrants. Consequently these tickets will be required to be dismissed. The animal control warden was under his direct supezvision until re- cently. Our investigation reveals almost no super- vision was directed to this office. Consequently, the performance in that department was extremely substandard. The district attorney�s office has complained about the quality of reports and in- adequacy of cases all of which have resulted in a poor condition ratio in the Tarrant County courts. It appears that there may have been more emphasis on arrests rather than making out a case that would hold up in court. Mr. Lilly is generally not on the job between the hours of 8:00 to 5:00 and would tend to arrive at the office between 9 and 10 and leave around 5. It was in my opinion that it is in the best interest of the City of Grapevine, the city government, and police department for me to remove Mr. Lilly from office. If the Mayor and Council have any questions, I will be glad to try to answer.�� �� Councilman Oliver asked the Ci,ty Manager i.f the Chief�s hours were 8:00 A.M. ta 5:00 P.M. The City Manager answered that they were. �ouncilrrtan Qliver asked if im- i praper hours kept by the chief had become a pattern or i� he was on3y accasiona2ly Iate for work. The City Manager answered that he had been at the police department at 8:Q0 on many accasions that Mr. Lilly was not present. He further stated that he had called on numerous occasians and found that he had not arriued in his office. The Mayor then asked Mr. Ezell if he had ever issued a directive or set the working hours that the chief was supposed to work? The City Manager answered that he had asked Mr. Lilly to be present in the office from 8 ta 5 sa that he could better serve c�u.r people. Councilman Dunn asked a.f Mr. Lilly had ever given any reason for not beir�g at wark on time. Mr. Ezel.l answered that he had heard a comment that he was pos�ibly up some during the night. Councilman Dunn then asked if the City Manager thought, in the supervision af the chiefrs department, tha# he would expect this tyge of conduct on the part of his men, The City Manager an�w�r ed that he thought that the men would be expected to be present on time and put in a full day�s work. Councilman Dunn asked if it was the City Managerts opinzon that the chief pretty well toak care of the supervisz.on of his affice, that he expeeted his men to follow his directives. The City Manager stated that he felt like Mr. Lilly would have expected his men to carary out his orders, Counc�ilman Florence asked if Mr. Lilly was made aware of these problem� or given any warning in the past. The City Manager an,swered that many of the prob].ems were made aware to Mr. Lil2y after the in- vestigating cornmit�ee�s report. The City Manager further sta�ed that Mr. Li22y ad�i�ted that some o.f these problems did exi�t and also that he would correct these items. Councilman Dunz� asked if each departmrent head, in accardance -� with city operation, was respansible for knowing his job responsibilities. The City Manager answered that that was correct. Councilman flliver asked the City Manager to explain why the animal contxol divisiara was no longer under the direction af the police department. The City Manager answered that the city had recea.ved many complaints in reference ta dags, the way that they were being harzdled, the way they were being turned into the Humane Saciety. It was �•his opinion that the dog catcher was out doing other things ra►ther than patroling the streets for dogs in vialata.on to the Gity Ordinances. Councilman Oliver asked if �he City Manager would com�ent further on the probZems of Municipa3 Caurt. The City Manager answered that in 1974 the warrants were made at City Hall rather than at the palice department. It has recently been cal].ed to the City�s attention that there are many warrants that have not been served, na recards as to the dispasita.on of these warrants and what has happened ta them. Councilxnan Qliver asked if the Chief was ultimately responsible for these warrants. The City Manager an�wered that at that time he was. Mayar Tate asked Mr. Ezell if we were talking abaut outstanding warrants ar citations that were never compared. Mr. Ezell answered tha�t we were talking about citations for which warrants were never issued, The Maynr then asked if Mr. Ezell had any statistics concerning this matter. Mr. Ezell answered that in fiscal year 1974-75, 992 warrants were issued. He cantinued � by saying that 115 warrants were served. Only 11.7% of the warrants were collected. The revenue was $4,?31,54. In fiscal 19?5-7b the average revenue was $394.3� per month. Thru February of 1976 we had 1.68 warrant� issued and 204 served and 121;� collected, or $8320.24; Mayar Tate then asked the City Manager what accounted for the �hange. Mr. Ezell explained that in October 1975 the warranfi division was moved to City Hall u.nde= the supervision of the Department af Revenue and a warrant officer was appointed. Councilzrian Dalton asksd i.f the Ci.ty � � V still has the �ame animal control officer that we had dur- ing the time mentioned earliez. 2he City Manager answezed that that particular officer resigned and that the animal contral divisian has also been moved to City Hail under the direction of the Revenue Department. There were no �urther questions and t he Mayor recognized Mr. Bill Butcher, attorney for Mr. Lilly. Mr. Butcher commented that it was his opinion that the Couneil was not � following the proper procedure set out in the City Charter. � He stated that as he understaod the matter, Mr. Lilly was notified of his dismissal, and had his badge taken from him. He has since requested a Pub3ic Hearing before a board of appeal�. Mr. Butcher then referred ta the Ca,ty C�de Book, Section 1-8-7 and stated that the City Ma.nager could dismiss the ch3.ef with the concurrence of the Council.. 2he attorney for Mr. Lilly then asked Mrs. Conine, Councilwoman, if the ' Counci]. had caracurred with the City Manager in the dismissa3 of the chief. Councilwoman Cc�nine answered yes. The City Attorney stated that �hat question was out of arder and that no cross examinatian would be allowed. Mayor Tate stated that it uras his apinian that before that decisian was made the Council wa� entitled to hear the people of the gubli.c. The Mayor stated that the Cou.ncil�was attempta.ng to have a fai.r Fublic Hearing and that the City Attorney would advise the Council and that Mr. Butcher could advise Mr. Lilly. Mr. Butcher once again asked for a copy of the charges against Mr. Lilly. A Ci�y employee then prepared a xercax capy o� Mr. Ezell�s statement for Mr. Bu�cher. At this time the Mayor retninded Mr. Butcher that this was nat a court of law, but that he, as Maycar, was the presiding officer. He further stated that not alI members of the i cauncil were lawyers, and that every attempt was bei.ng made ' to conduct a reasanable and fair Public Hearing. The Mayor ; ` further stated that only one procedure was �o be followed, and that was to decide whether or not to withstand the decision of the City Manager in the dismissal of Mr. Lilly. The Attorney �'or Mr. Lilly stated that the City Manager had made some �erious charges against Mr. Li.11y and it was his desire to question Mr. Ezell as to the basis of these charges. Mayor Tate then stated that he and the Council had to abide by the advise of �he Gity Attorney because he, the same as Mr. Butcher, was an attorney, and had the right and re- sponsibility to represent the city. The Mayar further stated that he understood what Mr. Butcher was saying aand that he was sympathetic with his desires ta know what the charges a�e; but as he understood it , it was not necessary to have charge� ta dismiss a city employee, that the reason for dis- missal could simply be lack of confidence. The attoxney far Mr. Lilly asked the City Council if any member had already made up his mind to support the City Manager and dismiss the Chief of Folice. The Mayor stated that the City Attorney had indicated that the questi.on was aut of orde�. Mayar Tate • gave his assurance that he had not made u.p his ma.nd, and the Council intended to hear each citizen�s statement if it was necessary to stay until 3:�00 in the morning. Mr, Butcher asked when the insubordinatian or lack of confidence or the prablerns start�d between Mr. Ezel2 and Mr. Lilly. Mr. Ezell g answered that it was months, or possibly years ago �that it became obvious that Mac, Lilly was r�ot comp2y.ing with the wishes and recommendations of the City Manager. The Attorney for Mr. Lilly asked if Mr. Li11y had ever di.recfily disabeyed any directi.ve from: the office bf Mr. Ezell. The Mayor answered that Mr. E�ell had already stated that he had asked Mr. Lilly to be on the job from 8 to 5 and this has not been done. Mr. Butcher then asked if each officer should have time and a half aff for each hour of overtime he is required to work. � � He further asked if Mr. Ezell was not aware of the problems confronted with a police off icer in relation to getting up at all hours of the night to attend to cri.mina2 affenses that he is obligated ta handle. The Mayor answered that the City Manager has the right to tell the Chief o� Police what he expects of him. There is aiso an assistant chief of police in the office fram 8 to 5 and also a sergeant. Mr. Lillyts attorney then asked what ather department heads, `� other than Mr. Ezell, has Mr. Lilly re�used to cooperate with. Mr. Ezell stated that he did not feel that it would be fair to the departme�t heads to answer that que�tian. The Attorney for Mr. Lilly stated that he demand an answer. The Mayor reminded Mr. Butcher that this was not a court of law and that a cross examination would not be permitted. He further stated that the Councii did not have to permit Mr. Butcher to continue on �his basis and that he expected to follow �he pracedure set out by the City Attarney. The Attorney for Mr. Lilly th�n stated that an behalf of Mr. Lilly that he was gublically denying aZl of the charges brought against Mr, Lilly. Mr. Butcher then asked the entzre Gity Council if there was anythir� that Mz. Lilly cauld say that wauZd cause � this council not to follow the zecammendations of the City � Manager. The Mayor stated that he did know that Mr. Eaell (, was not in complete ignorance �f the policies and procedures in the police department. He further stated that he was not gresent when Mr. Lilly was dismissed hut that he is aware of many problem� that exist in the police department. Mr. Butcher then asked if it was wrong far a chief of police who has the reputation af Mr. Lilly to ask for funds with which to improve the department. The Mayor answered that he did not feel that it was wrang. , but that each departrnent head has an obligation to be conservative and to administer to hi� department efficient3y and to �ave the tax dallar whenever passible. The Ma�or then quoted same figures from the Council of Govern- ments stating that a �pulatian of 94Q� peapie was shawn for Grapevine and that the report shows that over 30% of the tax dollars has been spent for police pratectian. The Mayor continued ta read statistics which pointed out that the City of Grapevine is very much above any other city in relation to the amount of tasc dallars spent for police pzotectian. The Mayor then stated that an the advice of the City Attorney, the procedure set aut in the beginning of the meeting was not being follawed, and it was his recommendatio� that rather than continu- ing in the manner of crass examination, that Mr. Butcher or Mr. Lilly make their statement �o that others present a.n the assembly could have an opgortunity to be heazd. Mr. Butcher then� stated that he thought it was a disgrace for such a charge ta be leveled a man, re.fuse to give him the charges so that his attarney will have a chance to Iook at them before the hearing. He further s�ated that he could see no good reason or cause for dismissal af a man that had given 9 years of faithful searvice to his city. He further commented that Mr. Lilly has the right to be sub- mitted the charges at the time af dismissal, that he shauld have a right to present his facts, and it was his oginii�n that that right was being denied. The Mayor then recognized Mr. Dale Hall; 2115 Lake Crest Drive; � Grapevine, Texas. Mr. Hall stated tha� it was his desire to speak on behalf of the Caunail. He commented that he knew some of the counciZ members and that it was his opinion that they were trying to da a good job. He asked the people present in the audi.ence ta take a responsible attitude toward what is bei.ng dane. He fuarther cammented that he had nothing against Mr. Lilly, but felt like the members of the council knew what they were doing. He requested that �hose present in the chamber refrain from laughter and clapping because a very �erious matter was being discussed, �: � � Mayor Tate then recognized Mrs. Ann Carlsan who stated that she had nothing ta say at this tirne. The Mayor then rec�gnized Mr. Bill Boswell; 3628 Grandview Drive; Grapevine. Mr. Boswell sgoke on behalf of Mr. L�lly. He stated that he had left the City af Arlington to reside in Grapevi�e because of the low crime rate here. He stated that Mr, Lilly had his respect. He further cammented that the good things such as taking delinquent children inta the chief�s home were never mentioned, He ackn�wledged that � Mr. Lilly had handled his job well considering the arnount of �' territary that had been annexed for him to patral. He con- cluded by saying that he did not feel praper respect wa� being given a man that had dedicated nine years af his Zife to the city. ', The Mayor then recognized Dr. �eonard B. Russell, 309 North ' Main; Grapevine, Texas. Dr. Russell stated that he had walked to this meeting beeause he felt safe an the streets of Grapevine. He stated that he had seen Mr. Lilly on pove Road and NW Highway at 3:Q0 A.M. attempting to settle a child 'abuse case. He has also been �een patrolling the s�reets at 5:�4 i� the morning. He wanted ta make �he Council aware of a petition that he was circulating that contained some 300 signatures in favor of reinstating Chie� Lilly. He further commented that he felt the City of Grapevine had ane af the finest police departments in the area because of Mr. Lilly. He further stated that his sons, age i7 and 2� years highly respected the police of�icers of Grapevine. He concluded by saying that afficers reflect their chief, and that he hoped and prayed the council would reconsider. I The Mayor then recognized Mr. Roger Cloud; 520 Bluebonnet; Grapevine, Texas. Mr. Cloud stated that he wauld like to complement the Grapevine Police Departme�t for the genera� � pratection that the citizens received. Ne related an in- cident that happened in June, 1914. {For details of Mr. Cloud�s statement, please see the court report attached here- to arid made a part hereof.} Mr. Flayd Deacon; 105 Crass Creek Drive; Grapevine, was then recognized by Mayor Ta.te. Mr. Deacon stated that it was regrettable to have to have a meeting of this nature, but that it was aiso good that a gerson could express his beliefs. He continued by saying that he respectably requested the Council to reduce the budget of the Po2ice Department. He further commented that �hose figures alone were enough in his opznion to dismiss Mr. Lilly. He further stated that he felt the council should har�or Mr. Ezell�s statements. The Mayor then recognized Mr. Andy':Anderson; 302 Main, Grapevine. Mr. Anderson �tated that he was in attendance in defense of the Pali.ce Chief. He further commented that he had nothing but the be�t palice protection. He stated that if there was any wrang doing by any city employee, it was not because of James Lilly. Peggy Flesher; 3059 Mustang, #1038, Grapevine, Texa� was then recognized. Mrs. Flesher stated that she had called as early as 7:45 and been able ta find Mr. La.11y in his � office. She commented that �he Grapevine Police Department does not discriminate in that it will prosecute anyone if necessary. She further commented that she believed in James Lilly. � t� The next speaker wa.s l�z. Conner Lam. He stated that as a ta►�c- payer and a citizen tha►t he objected to the manner in which this �neeting was being held. He stated to the Council that � they owed Mr. Li11y the honor and respect to ask question� and get an answer. He further comznented that if �he City Council � thought the Police Depaactment budget was too high, then they �houl.d say so. If the charge was a.nsubordination, the chief should have an oppartunity to speal� in his owrx behalf. He further commented that a man�s future was at stake. He stated that he did not think it was fair not to all.ow Mr. '� Lilly�s attorney to cro�s examine Mr. Ezell. He concluded � that it was his Qpinion that if a fair hearing cauld not be conducted, one should not be conducted at all. The next speaker was Mr. Billy Stewart. Ma:. Stewazt commented that Mr. Li11y was a paliceman when he was a kid, He fur�her stated that Mr. Lilly had gotten him into law enfarcement and that he had great respect for a,ri honest man. At this point Mayor Tate suggested that a arecess be called so that he could ga into conference with the City Attorney to dis- � cuss the procedure �"or the remainder of the meeting. The time � of recess was 9;55 P.M. i After the meeting reconvened, the next speaker was Mr. Bi11 � Shirley; 1358 Tipperary, Grapevine. Mr. Shirl.ey stated that he was embarassed for the council in that the council chambers resembled a kangaroo court. He continued by stating �hat he had received excel ent 1 lice covera e and felt like G�a evine 9 F° P had a first rate police department. He commented that he felt that James Lilly was the be�t police chief the City of Grapevine had ever had. He concluded by commenting that some of the charges seemed very evasive, The next speaker was Alice Grosenbeck. Mrs. Grasenbeck simply stated that she wished �o thank Mr. Li].ly and his staff far their ef�'arts in handling dope prc�blems i.n �the Grapevine area. The Mayar then recognized Mr. George Metrellis. He commented that Mr. Lilly had lost a dignity that could never be regained. He stated that when he came to Grapevine Chief Lilly was the anly member of the city staff that wel,comeci him ta the community. He further commented that he felt politics could nat enter intr� law enforcement. Mr. Butcher, attorney for Mr. James Lilly, then introduced Mr. Lilly to make a statement. Mr. Lil1y began by stating that he had been the Chief af Palice for nine years. He continued by stating that he had worked very clasely with Mr. Floy Ezell and have never been disrespectful to him in any way, fc►rm or fashion. Addressing Mr. Ezell, he stated that he had never been give�n a directive that he had not carried out to the bes� of his ability. He fur�her commented that the.�onl.y reason he asked for a higher budget was not for himself, but for the peop2e of this community. He stated that it was his belief that he had always had the betterment af the community in mind. Therefore, he commented, I respectively request to be reinstated � as yaur chief of police. Councilman Flarence asked Mr. Li2iy if after the action that had been taken, could he woxk with Mr. Ezel], on a daily ba�is if reinstated, Mr, Lilly answered yes. � � � � 14 Mr. Butcher then offered a proposal to the Council as follows: (1. ) That this meeting be continued for 30 to 40 days or whatever time period necessary. (2. ) Two disinterested persons be appointed by Mr. Lilly, two disinter�sted citizens be appointed by the Council and one other citizen be appointed by the other four committee members to find the facts concerning the charges against Mr. Lilly. �." (3. ) That a copy of that investigation be delivered to me so that I may have an opportunity to study it. (4. ) That this committee in an open Public Hearing make their report to the City Council. (5. ) That I be allowed to continue my interroga- tion so that we can come to the end of the line concerning the charges against Mr. Lilly. (6, ) I would suggest that during this time, Mr. James Lilly remain the Chief of Police of Grapevine and that he be on vacation during this investigation. There were several questions posed by the Council concerning the proposal. A motion was then made by Mr. Oliver to close the public hearing. The motion was seconded by Mr. Pirkle and prevailed by the following vote: Ayes: Tate, Conine, Florence, Dalton, Pirkle, Oliver & Dunn. Nayes: N�ne Councilman Dunn then stated that he had appreciated the work done in the different departments and the work and concern of � the citizens. I felt like, and it was the intent of the Council to allow the citizens of Grapevine to be heard in this matter. He continued by saying that no one is saying that all things in the Police Department are wrong. (For details of � Mr. Dunn's comments, please see the co y of the court report attached hereto and made a part hereof� Councilman Dalton then made the statement that regardless of the outcome of the situation, that he would continue to serve with dignity and honesty. Mayor Tate then stated that he had no desire to abridge the right of any citizen. He further commented that he could appreciate the fact that all reasons cannot be discusse�. at this point. He further commented that he would go along with the proposal concerning an investigation. He further commented that he felt further investigation was in order and that the people have a right to know and to hear the outcome. He further stated that he would like to think that if he was wrong, that the situation could be made right. Councilman Oliver made.� a motion to accept the compromise of Mr. Butcher and a citizen�s committee be appointed, two members by Mr. Lilly, two members by the Council, and a fifth member by the other four committee members for the purpose of conducting an investigation. Councilman Dunn seconded the motion. Mayor Tate then asked if there was further discussion. Councilman Florence asked if that motion needed to include that the City Attorney and Mr. Lilly�s attorney be allowed to work out the details. Mayor Tate asked if Councilman Oliver wished to amend his motion. Mr. Oliver amended his motion to include that the attorneys negotiate the details. The amendment was seconded by � Councilman Dunn and prevailed by the following vote: Ayes: Tate, Conine, Florence, Oliver, Dalton, Pirkle & Dunn. Nayes: None � r Considering the late hour, Councilman Pirkle made a motion to table the remainder of the agenda items. The motion was seconded by Councilman Oliver and all present voted aye. Councilman Oliver then made a motion to adjouxn the meeting. The motion was seconded by Councilman Dalton and all present voted aye. The meeting adjourned at 11: 10 P.M. � PASSED AND APPROVED this the _�r7 yi da of , 1976. _.:z1�� �,�� �'" , �. � Mayor ATTEST: City Secre ry �„ �: � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT "A" TO THE MINUTES OF APRIL 6, 1976 MEETING OF THE CITY COUNCIL GRAPEVINE, TEXAS REPORTER: Lynnell E. Brooks DATE: April 6, 1976 1 Be it remembered that on the 6th day of April, A.D. 2 1976, the above entitled matter came on for hearing before 3 the Honorable City Council of Grapevine, Texas, in the City 4 Council chambers of the City Mall in the City of Grapevine, 5 County of Tarrant, state of Texas, at 7:30 o'clock P.M., 6 whereupon proceedings ensued as hereinafter shown. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P FOR THE CITY OF GRAPEVINEt William D. Tate Doil E. Dalton Floy Ezell John Boyle Shirley Armstrong Jades L. Hancock Thelma F. Conine David Florence Larry Oliver Willis Pirkle Charles Dunn FOR JAMES LILLY: Bill Butcher E A R A N C E S Mayor Mayor Pro -tem City Manager City Attorney City Secretary Councilman Councilman Councilman Councilman Councilman Councilman PAGE 56 57 58 64 67 68 69 70 73 76 77 78 79 82 82 3A. 1 w� 2 PIA14F. 3 Dale Hall 4 ANN CARLSON 5 BILL BOSWELL 6 LEONARD B. RUSSELL 7 ROGER CLOUD 8 FLOYD DEACON 9 ANDY ANDERSON 10 PEGGY FLETCHER 11 COINER LAM 12 BILLY STEWARD 13 OLE NEYSTEL 14 DEBORAH KEY 15 BILL SHIRLEY 16 ALICE HOLSOMBACK 17 GEORGE PETRELIS 18 19 20 21 22 23 24 25 PAGE 56 57 58 64 67 68 69 70 73 76 77 78 79 82 82 3A. I 1 P R 0 C E E - D I N G S 2 3 PAYOR TATE: Itll ask the City Attorney to J 4 open the public hearing. 511 MR. BOYLE: Mr. Mayor and members of the Counci 6 one question (lid arise relative to the hearing,, and that 7 is the matter of the Possibility due to the crowd or 8 the overflow nature of it, that the meeting be moved 9 to another location. It is my recommendation and my 10 opinion that this not be done because of the charter 11 requirement for the meeting to be held here and also 12 for the open meeting law that requires it to be -- 13 a certain notice to be given of the public hearing. 14 So in regard to that, it is my opinion that the law 15 would require that the meeting be held here at the 16 city Hall tonight in regard to this hearing. Concerning 17 the scope of the hearing, the City Manager, under the 18 Grapevine- City Charter, is the chief administrative 19 officer of the city that has the authority to administer 20 and supervise all of the departments of the city. 21 Pursuant to this Charter provision, the City Manager 22 does have the authority relative to the Police Depart - 23 ment, and it is my understanding, in accordance with 24 this, did terminate the Chief of Police from his 25 position on March 30th of this year. The Charter also 5 1 provides in Section 402, that the hiring and the termina- 2 tion of the Chief of Police shall be with the approval 3 of the council. Pursuant to this provision of the 4 charter, the matter before the council tonight is to 5 review the decision of the City Manater to terminate 6 the Chief. Also in accordance with that provision, and 7 in accordance with the open meeting law, the Chief, James 8 E. Lilly, has requested a public hearing on the Natter 9 to consider the dismissal, and I place before you the 10 original of the letter signed by James Lilly requesting 11 a public hearing. The scope of the council's review 12 tonight is the decision of the City Manager's office, 13 the City Manager, to terminate the Chief from his 14 position on March the 30th of thisear. The Mayor, ayor, 15 being the chief presiding officer of the council, shall 16 set out the rules and regulations by which this particu- 17 lar hearingshall be governed. This is a hearing, and 18 it's not a trial; does not entail and does not encompass 19 the rules of evidence of a trial and does not encompass 20 and include cross-examination, but it is to be conducted 21 in a fair and reasonable manner to give all parties 22 who desire to be heard on the matter an opportunity to 23 be heard. And after that, then, the council rmake.s its 24 decision, and the scope of its decision is to approve 25 or disapprove the dicision of the City Manager. I 1 MAYOR TATE: Thank you, 11r. City Attorney, 2 We do have a Court Reporter present. Each witness that 3 would like to speak will be given an oath very shortly, 4 and anyone that thinks they may want to speak should go 5 ahead and take that oath. It does not mean that you 6 later have to speak. You can change your mind. There 7 may be some that have not been sworn that will come in 8 later or change their mind and want to be heard, and we 9 will try to take care of that. We have a lot of people 10 here. We're going to try to listen to everyone that 11 wants to speak. Ile hope you will keep it within the 12 scope of the inquiry, and we hope you will be reasonable 13 in the time in which you take to speak. We have a lot U1 of people, and we hope to hear all those that want 15 to speak. We want to attempt to have as fair and public 16 a hearing as is possible. The procedure is going to be 17 this the City Manager is going to give the reasons 18 why Mr. Lilly was dismissed, and the Council will have an 19 opportunity to question Mr. Ezell if they would like. 20 Mr. Lilly, if he would like, at that time will be able 21 to make a statement, or his attorney, after which time 22 any members present, and we have a list of those that 23 would like to speak* will be recognized in order of the 9§1 cards that have been turned to me. And after those gat people have spoken -- and if any of those people have 1 a question, they should address it to the cDuncil and 2 not to :fir. Lilly or any other person, and the council 3 will try to ,answer it at that time or later in the 4 proceedings. After the public hearing is closed, then 5 the council will debate the issue and will render a 6 decision. Do we have anyone that has any questions? 7 1R. BUTCHER: Yes, sir. 8 MAYOR TATE: Will you please identify Yourself, 9 sir? 10 MR. BUTCHER: ?4r. Mayor, I'm Bill Butcher, a 11 practicing attorney, 6515 East Lancaster, Fort Worth, 12 and I represent James Lilly. And I would like to know 13 at this time if this council is doing to sit as an 14 appeal board after this matter is introduced to you for 15 your decision concerning the dismissal by Mr. Ezell? 16 MAYOR TATE: We'll address the procedure 17 to the City Attorney under the charter, what the 18 requirements of the council are. 19 MR. BOYLE: The council will review the de- � 20 cision of the City Manager and all other testimony before 21 it. And then the matter is closed to the floor, and then 22 the cauncil's decision will be strictly either to approve 23 or disapprove his decision. And that's the entire scope 24 of the hearing. - 25 MR. BUTCHER: Well, that's what I wanted to 1 have on the record. As S understand it, tonight the 2 council first is to decide whether they want to approve 3 or disapprove the decision by Mr. Ezell. But at the 4 same time, Mr. Lilly has filed with Mr. Ezell a request 5 for an appeal hearing before the Board of Appeals. Now, 6 if they're going to sit in unison tonight as the council 7 to approve it or disapprove it and the Appeal ppeal IIoard., 8 that's what I want to know. 9 MR. BOYLE: This will be the sole opportunity 10 under the Charter and the ordinances to be heard, so 11 they have an opportunity to he heard both in regards 12 to this decision and any other matters in relation to 13 the decision that he cares to bring before the council. 14 MR. BUTCIIrR: tray I have a copy of the charges 15 that are to be read against Mr. Lilly? 16 MR. BOYLE: Mr. Ezell will give his reasons 17 and make his statement to the council shortly is my 18 understanding. 19 MR. BUTCHER: You don't have a copy that I 20 as his attorney may have to examine? 21 MR. BOYLE: Not at this time. 22 MR, BUTCHER: I would ask the council and 23 the attorney to furnish me a copy of the charges to 24 be filed at this hearing against James Lilly. 25 ?:R. BOYLE: There is going to be no charges 1 filed, and Mr. Ezell is going to make his report. 2 MAYOR TATE: If there's no further questions, 3 we'll declare open the public hearing and ask the City 4 Secretary to swear any .witnesses who would like to 5 speak or give testimony during the public hearing. 6 D'S. ARMSTRONG: '4r. Ezell, would you please 7 stand, please sir? 8 MAYOR TATE: Pardon me. All witnesses, every - 9 one else just raise your hand where you are at. I wonder 10 if we have anyone in the hails that would like to speak? 11 MS. AMNISTRONG: If possible, we'd like to do 12 this only once, but we want to make sure that everyone 13 14 that makes a statement is sworn in. So if they could in come -- 15 MAYOR TATE: If anyone in the halls would 16 like to speak, at least let them come in for a short 17 while. 18 MS. ARMSTRONG: Those of you wishing to 19 make a statement, please raise your right hand. 20 21 (Thereupon, the witnesses were sworn by the City Secretary, 22 after which time proceedings continued as follows, to -wit.) 23 24 25 I 1 MAYOR TATE: Mr, Ezell, you may proceed, MR. EZELL: Mr, Mayor and members of the 3 City Council, as previously stated by the City Attorney, 4 the purpose of the agenda item that you are to consider 5 is a review of my decision to terminate Mr. Lilly as 6 Chief of Police for the City of Grapevine. The Chief 7 was terminated and removed from office on the 30th day 8 of March, 1976. On the same date, Mr, Bill McLane, the 9 Assistant Chief, was appointed as acting Chief of 10 Police and is currently serving in that capacity, The 11 decision I made and the action I took was in accordance with the City Charter that sets out my duties as chief J 1101 administrative and executive officer of the city. HI my decision was one that did not arise from any single nat incident or from facts only recently occurring. A 16 decision such as this is never easy and is certainly 17 not fair to all if done hastily or without due regard of 18 the total service of the official in question. Mr. Lilly 19 has been employed by the city and the Police Department 20 for nine years and has been Chief of Police since 21 February of '69. The principal reasons for terminating 22 Mr. Lilly are as follows: lack of adequate supervision 23 and administration of his department; failure to respond 24 to directives from my office; generally uncooperative 25 attitude with the City Manager's office and other 1 department heads= failure to properly handle responsibllit 2 in Municipal Court in relation to the Animal Control 3 Wardenf continued excessive requests for the Police 4 Department's budgetal failure to be on the job during 5 working hours. Data and information furnished to me by 6 a special committee of the City Council that investigated 7 the Police Department, On many occasions in the past, 8 I have discussed problems with the Chief and found him 9 to be resentful of requests relative to the operation 10 of the Police Department. It is ray opinion that the 11 Chief did not look upon me as the chief administrative 12 officer or -- of the city,and that he was responsible 13 for reporting to the City manager as required by the 14 City Charter. The Chief had the responsibility for 15 complaints and warrants in Municipal Courts prior to 16 January 1st of 1974. It has recently come to light 17 that approximately one thousand citations were issued 18 with no follow-up whatsoever in terms of filing complaints 19 or regarding the issuance of warrants. Consequently, 2011 these tickets will be required to be dismissed. The ®I Animal Control Warden i' • direct supervision 22 until recently. Our investigation reveals almost no 23 supervision was directed to this office, and consequently, 24 the performance in that department was extremely sub - 25 standard. The District Attorney's office has complained 1 about the quality of reports and the inadequacy of man), 2 of the cases all of which have resulted in apo or or con- 3 viction ratio in the Tarrant County Courts. It appears 4 there may have been an overemphasis on making arrests 5 rather than the making of a case that will hold up in 6 court. Mr. Lilly was generally on the job between the 7 hours of 8:00 to 5:oof was generally -- excuse me. 8 Mr. Lilly was generally not on the job between the 9 hours of 8:00 to 5:00 and would tend to arrive at the 10 office between 9:00 and 10:00 and leave around 5:00. 11 It was, and is ray opinion that it is in the best 12 interests of the City of Grapevine, the city government 13 and the Police Department for me to remove Mr. Lilly 14 from office. If the Mayor and Council have any questions 15 I will be glad to try to answer, 16 MAYOR TATE: Questions are in order from the 18 MR. OLIVER: Mr. Ezell, one question. You 19 were speaking of the Chief not being on the job. His 20 hours are 8:00 to 5:00, is that correct? 21 22 MR. OLIVER: Has this been an occasional thing 23 or has it been pretty much of a pattern during a long 24 period of time or a short period of time or what? 25 MR, EZELL: Well, I have been at the Police I Department in the morning on several mornings and several 2 occaAsions, and M. Lilly was not there at 8:00 o'clock 3 or even 8:30. I called down, and he had not arrived at 4 his office. 5 MR. OLIVER: bo you suppose that was because 6 he was doing something else or that he was just not 7 there? 8 MR. EZELL: I can't answer that. I don't know. 9 MR. OLIVER: What about leaving work early? 10 MR. EZELL: Well, I have gone by in the after - 11 noons, and Mr. Lilly would have been gone from the 12 office, was not there. Z have called down before at 13 the time of office hours, and he was not there. 14 MAYOR TATE: Air. Ezell, did you ever issue 15 a directive or set the working hours that the Chief was 16 supposed to work? 17 MR. EZELL: Yes, 2 did. I slid ask Mr. Lilly 18 to be in the office at 8:00 o'clock and stay there until 19 5:00 so that he would be able to give better service to 20 our people. 21 MR. DUNN: Mr. Ezell, did he give any reasons 22 for his not being at the office voluntarily to you? 23 MR, EZELL: No, I have heard comments that 24 maybe he was up some during the night. 25 MR, DUNINt Do you think in the supervision of 1 his department, that he would have accepted this kind of 2 attendance on the part of his men? 3 MR. EZELL: Well, I wouldn't have thought 4 that he would have. We expect people to be at their 5 office on time and put in their full time during the day. 6 MR, DUNN: Is it your opinion that he pretty 7 well took care of the supervision of his office in that 8 he expected his men to follow his directives, follow his 9 orders, once they were made, without questioning this 10 or because maybe they decided they didn't want to? 11 iso you think he would have tolerated that kind o 12 behavior? 13 MR. EZELL: No, I feel like that he would 14 have expected them to carry out his orders. 15 MAYOR TATE: I would like to ask everyone 16 to speak directly into the mike. People in the halls 17 are not able to hear. 18 MR. FLORENCE: Air. Ezell, was the chief. made 19 aware of these problems in the past? In other words, 20 was he given any warning in the past? 21 MR. EZELL: Yes, I had asked that he be in his 22 office, if you're speaking of the office hours. 23 MR. FLORENCE: No, just in general. In all 24 of those areas. 25 MR. EZELL: I know that there was an I 1 investigation committee that was formed back in August 2 that did investigate the Activities of the Police 3 Department. And in their report, they.mentioned the 4 fact they had called these things to �;r. Lilly's 5 attention, several items to his attention, and he agreed 31 that some exist and he agreed 8 MR. DUNN: Mr. Ezell, is it a fact in adminis- 9 tering the city operations,that each department head, 10 and I believe the chief is considered a department head -- 11 MR. EZELL: Yes. 12 MR. DUNN: -- is expected to know the require - 13 ments of their department, of their own job procedures M' r expected and you would expectto follow these? 031 MR, EZELL: Yes, we would, 16 MR. OLIVER: Mr. Ezell, pursuant to the dog 17 catcher, the dog catcher is no longer under the super - 18 vision of the chief. Explanation, please. 1911 MR, EZELL: Why? 21 MR, EZELL: Well, wee had a pretty poor, as 22 I mentioned, we had a lot of complaints in reference to 23 dogs and the way they were being handled, the way they 24 were being turned in to the Humane Society* And the dog 25 catcher was not exactly out trying to catch dogs; he was I out doing other things at so many times he should have 2 been patrolling the streets and trying to catch dogs. 3 MR. OLIVER: Mould you care to comment 4 little further on the problems of Municipal Court? 5 MR, EZELL: No, we -- in 1974, Z believe it 6 was, we started to make the warrants here at the City 7 Hall, typing warrants and sending them to the Police 8 Department for their execution. Previous to that time, 9 the Police Department made out warrants, and we have 10 disclosed here lately.that we have quite a few warrants 11 that have not been served, or we have no record of the 12 disposition of those rants and what has happened to 13 them. 14 MR, OLIVER: Would you say the Chief is 15 ultimately the responsible person for those warrants? 16 MR, EZELL: Yes, at that time he was. 17 MAYOR TATE: Mr. Ezell, are we talking about 18 outstanding warrants or citations that were never -- 19 complaints that were never prepared? Are we talking 20 about two different situations? 21 1ASR, EZELL: We re talking about citations 22 that warrants were probably not issued on. Also we're 23 talking about some warrants that were issued, that 24 were typed up and made up in this office here since 25 97 and until the office was brought up here that was.not 1 taken care of. 2 MAYOR TATE: Do you have statistics and 3 numbers to show what we're talking about specifically? - 4 MR. EZELLt T have we had in fiscal 174-175, 5 nine hundred ninety-two warrants issued. We had warrants 6 served, collected, a hundred and sixteen. That was 7 eleven point seven percent of these warrants. And that 8 11 average revenue or the revenue was four thousand seven 9 hundred and thirty-one dollars and sixty-four cents. 10 Fiscal '75-'76, the average revenue ran three hundred 11 ninety-four dollars and thirty cents per month. Through 12 February in 16, we had a hundred sixty-eight warrants 13 issued and two hundred four served and a hundred twenty - 14 one percent collection or eight thousand three hundred 15 twenty dollars and twenty-four cents. 16 MAY0R TATE: What do you account for the 18 MR. EZ.ELLt Back around in October approximate) . 19 this year, we r=oved the warrant division here under our 20 department of revenue, and we have a warrant officer 21 that works this department up here at City Hall under 22 the department of revenue. We feel like this has been 23 an improvement, a considerable improvement. 24 MAYOR TATE: So last year, the responsibility 25 for collecting warrants solely rested with the Police 2 1 department, is this correct? 2 MR, EZELL: Yes, 3 MAYOR TATE: And only eleven point seven 4 percent was collected? 5 P:R. EZELL: Yes. 6 MAYOR TATE: And this year, the responsibility 7 was moved to the Revenue nepartment at City Hall? 8 MR. EZELL: Yes, 9 MAYOR TATE: And a warrant officer was hired, 10 and he's collected a hundred and twenty-one percent? 11 MR. EZELL: Yes, 12 MAYOR TATE: Now, were there other citations 13 issued in addition to those nine hundred ninety-two 14 warrants that were never wrought before Municipal Court? 15 Is that what you're saying? 16 MR, EZELL: Yes, there was quite a few warrants, 17 quite a few citations that there is no disposition has 18 been made on. 19 MAYOR TATLE: All right. we have no record of 20 any complaint or warrant being issued. 21 MR, EZELL: No, we have no record of any 22 complaints or warrants. 23 MAYOR TATE: And what period of time was that? 24 VIR. EZELL: This was in the year from '60 -- 25 around 169 up through '74. 1 1 MAYOR TATE: And who had the responsibility 2 for preparing those complaints at that time? 3 MR. EZELL: Well, at that time the tickets 4 were issued, they were put on the docket book here, 5 and they were sent to the police station for their 6 typing up the warrants and taking care of. 7 MNYOR TATE: What has been the situation since 8 174, do you k ncw? 9 MR. EZELL: Since 174, we have been trying 10 to get the white tickets up here; we enter them into 11 the docket, and we type up the warrants and also set 12 the date for the trials or for people to see our Judge. 13 MAYOR TATE: Do you know how many traffic 14 tickets we have since 174 with no warrants or complaints 15 issued? 16 MR. EZELL: I don't think I have that before 17 me, Mayor. 18 MAYOR TATE: That is now the responsibility 19 of the Municipal Court? 20 MR, EZELL: Yes, it is the responsibility of 21 the Municipal Court, that is taken care or served under 22 the Department of Revenue of the City. 23 MR. FLORENCE: Mr. Ezell, I think a key 24 question here, you mentioned that one of the reasons 25 for the dismissal was poor response or poor rapport with 1 the City 1 -tanager's office. I don't have any specific 2 question about that, but I would like you to coiment 3 on it. 4 MR. EZELL: Well, I know of several 5 occasions we would have various things to come up, 6 but which no written memos were issued or anything like 7 this, they were asked to be corrected. We have had 8 several things, for example, we have asked that the Dog 9 Catcher be informed not to be chasing the ambulance 10 or the patrol cars when they were: out on an accident 11 and various things like this. Also, Fre have had 12 problems in some of the dispatching. We have another 13 emergency department that we have had problems as far 14 as getting dispatching done. These things that we 15 have talked about that memos were not written, but 16 some of these things still exist or did exist. 17 MR. FLORENCE: Just no response. Is that 18 what you're saying? 19 MR. EZELL: (nods head affirmatively.) 20 MR. DALTON: Air. Ezell, do we have the same 21 Animal Control officer on some of these dates and times 22 that you're speaking of? 23 14R. EZELL: No, we took the animal control 24 up here under Corporation Court, under the Department 25 0£ Revenue./ The Animal Control officer resigned, and M 1 e employed another person to take over. We moved here 2 the supervision under our Department of Revenue 3 of the animal control. 4 MR. FLORENCE: Mr. Ezell, you mentioned 5 problems with information between the Chief of Police 6 and other department heads. Lao you have anything 7 specific on that, or is it just a general feeling you 8 have on that? 9 MR. EZELL: I think it is a general feeling, 10 and I would prefer not to mention the department heads 11 that have had problems. But I have heard, the other 12 departments have mentioned at various times the lack 4 13 of communication or the lact of cooperation with their 14 departments in various things. 15 MR. FLORENCE: Do you feel there is any 16 resentment for the Chief from the other department heads 17 as far as, maybe, your statement about his not being 18 at the office from 8:00 to 5:00? The others perhaps 19 are -- is there resentment there? 20 MR. EZELL: Oh, yes, I have heard these 21 things. 22 MR. FLORENCE,: From note than one? 23 MR. EZELL: Yes, 24 MAYOR TINE: Any further questions? 25 Mr. Ezell, do you have any facts and figures on -- 9 I statistically, on whether there's been any change in the 2 Animal Control Department since that has been moved to 3 9 the Revenue Department? 4 MR. EZELL: Yes, Mayor, I do have. I have a 5 few statistics here in reference to the registration 6 and pound fees. Fiscal '74 and 175, the registration 7 and pound fees for the year was seventy-seven dollars 8 and fifty cents or an average of six dollars and forty - 9 six cents per month. Fiscal '75 - 176 through February, 10 the registration and pound fees had risen to two hundred n 2 and forty-eight dollars for an average of forty-nine 12 dollars and sixty cents per month. 13 MAYOR TATE: All right. Noce, when did the 14 change in the procedure in which you were handling the 15 Animal Control Office, when did that take place? 16 MR, EZELL: In fiscal 175, beginning. 17 MR. DALTON: You say fiscal '75, Mr. Ezell. 18 For the benefit of some of those that might not under - 19 stand, would you give the dates, please? 20 MR. EZELL: Our fiscal year runs from '75 21 through -- October of '75 through September of 176 each 22 year. October -- begins in October and runs through 23 September, 24 ISR. DALTON: Right on up through September 25 11 30th is what you're saying? W 1 MR. EZELL: Right, that's our fiscal year. 2 MAYOR TATE: Mr. Ezell, I recall that we had 3 some information from the Revenue Department or one o 4 the department heads that during one three-month period 5 in '74 when the Animal Control officer was still under 6 the Police Department, that the revenue for one three - 7 month period was only a dollar thirty-six cents. Do 8 you know whether that's correct? 9 MR, EZELL: Yes, I was told that by the 10 department head. 11 MAYOR TATE: That is reflected in the City 12 records? 13 MR. EZELL: Yes, sir. 14 MAYOR TATE: Any further questions? 15 MR. FLORENCE: Mr. Ezell, you mentioned some 16 feedback you got from the Tarrant County District Attorney 17 relating to some of the criminal cases filed by the City 18 Police, is that correct? 19 MR. EZELL: Yes, I also mentioned in my 20 statement there that one of the reasons that I went -- 21 that we went on this was the data and information that 22 was furnished to me by a special committee. 23 MAYOR TATE: Any further questions at this 24 time' 25 okay. `ie have no further questions of Mr. Ezell at this 1 time, and. I will recognize Mx. Lilly or his attorney, 2 qtr. Butcher. 3 ASR. BUTCHER: Thank you, sir. Mr. City 4 Attorney, at this time, I again call your attention to the 5 fact that you're not following the procedure set out under 6 the City Charter. As I understand it, Mr. Lilly has been 7 notified of his dismissal. Fie has had his badge taken 8 from him and been paid off, and he has filed an appeal to 9 the Board of Appeals. I feel that at this point, this 10 council is proper in sitting on the question_ of whether 11 they support *fir. Ezell or 2tr. Lilly but not as a Hoard 12 of Appeals to confirm their own actions of confirmation 13 or rejection concerning this man's dismissal. Your 14 Charter says that the City Manager may dismiss Mr. Lilly,. Y I 3 Y 15 or the Chief of Police, with the concurrence of the 16 council. At this time, I would like to poll the council 17 and ask you if you have concurred with Mr. Ezell in the 18 dismissal of your Chief of Police. Mrs. Conine? 19 MRS. CONINE: Yes, I -- 20 MAYOR TATE: Wait just a minute. Air. City 21 Attorney 22 MR. BOYLE: It would be out of order at this 23 time in relation to that question. That's the matter 24 that's up before the City Council tonight, and that's 25 the matter that the council will be making its decision. 1 R. BUTCHER: It is a matter before the 2 council, Mr. City Attorney, and I want the record to 3 reflect that Mrs. Thelma F. Conine has said, "yes" to 4 the question. She has already agreed to dismiss the 5 Chief. 6 MAYOR TATE: Well, it was my understanding 7 that we -- before we made that decision, we were entitled 8 to hear the people, the public. 9 MR. BUTCHER: Yes, sir, that's what I want 10 to know. If you've made up your mind before the public 11 hearing and if you concur with the dismissal of the 12 Chief of Police at this time. And Z polled Mrs. Conine, 13 and she said, "yes." 14 MAYOR TATE: I'm not for sure Mrs. Conine 15 understood the procedure. You're going quite fast, and 16 we're trying very clearly to have a fair public hearing. 17 But we're not going to get into an argument between two 18 attorneys. The City Attorney is going to advise the 19 council, and you can advise Mr. Lilly. 20 MR. BUTCHER: If I've gone too fast, I 21 apologize to you and Mrs. Conine. 22 MAYOR TATE: Okay. When we get it clear from 23 you and Mr. Boyle which way we're going, then we'll 24 proceed. 25 MR. BOYLE: Mr. Mayor, Mr. Butcher is entitled I to state his opinion into the record which he has, he 2 has on two occasions on the thing. But it's my recommends 3 tion to the council, it's my understanding of the pro - 4 cedure that is to be followed that the City Manager, under 5 the Charter, did ternlinate.the Chief of Police. The 6 council tonight is considering the decision made by the 7 Chief of Police, and after the council has heard whatever 8 it desires to hear in regard to that, it will make its 9 decision as to whether to approve or disapprove that 10 decision. And that's the entire scope of the matter 11 that is before the Council tonight. In my opinion, it's 12 not a proper matter to poll the council on the matter 13 that is up before you tonight for discussion. 14 MAYOR TATE: Mr. Butcher, do you understand 16 the procedure is that we are going to listen to the 16 guests present who would like to speak for or against 1711 or to make any statements in regard to the scope of the public 01 hearing and that the council will later debate 19 tonight and will make the decision of whether it supports 20 the City Manager in his decision or not. 21 MR, BUTCHER: That's fine, Mr. Mayor. I have 22 no objection to that procedure with you or the City 23 Attorney. But I object that you consider this an Appeal 24 Board at this time. Mr. Lilly has the right to answer at these chargesl and at this time I requestagain, 1 respectfully, that I be given a copy of these charges. 2 I don't take shorthand, and I can't remember everything Y 4 3 he read, and I apologize for that defect. 4 MAYOR TATE: Mr. City Attorney, do you have 5 anything further? 6 MR. BOYLE: Well, Mr. Ezell made his statement 7 into the record, and everyone had an opportunity to hear 6 it and may address themselves to it. 9 MR. BUTCHER: Ann I denied the right to have 10 a copy of it? 11 MR. BOYLE: It's just a written statement, 12 and it is in the record, and those are his reasons, 13 and that's all before it. 14 MR, BUTCHER: Am I denied a copy of it? 15 MR. BOYLE: That's all I have to say on it, 16 Your Donor. It's -- 17 MAYOR TATE: There's no reason why we can't 18 make a copy of it. 19 MR. BOYLE: We can make copies of it and send 20 them around. 21 MR, BUTCHER: I'm not requesting it be sent 22 around. I'm requesting that I be given a copy as his 23 attorney of record before the council. 24 MR. BOYLE: I have no objections to Mr. Ezell 25 xeroxing a copy of his statement. There were a lot of 1 other things said in addition to that. I have no 2 objection to it, but I would, Mr. r4ayor, recortunend 3 strongly that the procedure that was set out and the 4 scope of the hearing he continued as previously outlined. 5 14AYOR TATs: s Mr. Butcher, we'll have a city 6 employee to make a copy of that. If you would like to 7 have that, then we'll make it available to you. 8 MR. BUTCHER: That's exactly what I want, and 9 I thank you, sir. 10 MAYOR TATE: But I would ask you -- this is 11 not a court of law, and I'm not sitting as Judge; I am 12 the presiding officer. This is an administrative 13 hearing, and I hope that we can limit the legal activity. 14 The members of the council are not all attorneys, and 15 they're not going to understand everything that's going 16 on. We're going to try to be very patient and very 17 fair, and we ask your indulgence in this also. 18 MR. BUTCHER: I agree to indulge in this, 19 and I -- but I call to the attention of the Mayor that 20 1 have been retained to represent Mr. Lilly. I do not intend to pull courtroom antics in - chamber. 22 not intend to try to embarrass anybody or harrass any - 23 body, and I will not prolong this meeting any longer 24 than necessary. 25 MAYOR TATE: Well, Mr. Butcher, to clarify 1 the way I understand the advice of the City Attorney, 2 we re not sitting as two bodies or that there's not 3 two procedures. 4 MR. BOYLE: That's correct. 5 MAYOR TATE: That we're going to determine -- 6 rather, we're going to consent or approve the action of 7 the City '41anager and that it's not -- and you can call 8 it an appeal or you can call it a consent, but we're 9 really talking about the same thing. There's only one 10 procedure. Do we have an agreement in that? 11 MR. BUTCHER: No, sir. 12 MAYOR TATE: Do you think that there are 13 two procedures? Is that correct? 14 MR. BUTCHER: May I read you the right of 15 your city employees under your City Charter? 16 MAYOR TATE: Well -- 17 MR. BUTCHER: It says, "Right of Appeal --" 18 MAYOR TATE: well, the City Attorney has 19 ruled. I was hoping that we had your consent, but we're 20 going to have to abide by the rules of the City Attorney. 21 MR. BUTCHER: Okay. That's fine. 22 MAYOR TATE: Is that fair enough? 23 14R. BUTCHER: That's fair enough, but so that 24 my position can be stated, I'd like to read into the 25 record -- 1 MAYOR TATE: Yes, you have that privilege. 2 MR. BUTCHER: -°- this paragraph: I quote from 3 the City Charter under Appointments, Transfers, Dbmotion, 4 Re-employment, et cetera, et cetera, I believe that's 5 the right section -- 6 MAYOR TATE: Ido you have a section number? 7 MR. BUTCHER: Section C. And I have this in 8 loose-leaf -- 9 MR, BOYLE: This is not the Charter. 10 MAYOR TATE: This is not the Charter? 11 MR. BOYLE.- No, this is not -- 12 MAYOR TATE: Well, I want to make sure so that 13 we'll have it for our records what we're talking about. 14 will you make clear the document that you're going to 15 be quoting from? 16 MR, BUTCHER: Just a moment. I have it in 17 loose-leaf -- 18 MR. DUNN: Mr, Mayor, I wonder if somebody 19 might check on the air conditioning. It's getting wart. 20 I'm getting the impression that some of the people back 21 there are getting a little bit warm, and I'm sure 22 Mr. Butcher is getting warm. 23 MAYOR TATE: 14r. Hancock, could we have someone - 24 either open the door or do what they can? Can that door 25 be opened? I 1 Why don't we? I think that might be wise see what 2 effect it has. 3 1 wonder if we're still having a problem with people 4 hearing. Can everyone in this room bear the proceedings 5 clearly? 6 MR. BUTCHER.- Mr. Mayor and Mr. City Attorney, 7 1 think I am.reading under the city Code, Chapter Eight 8 on Administrative Procedures, I assume. Under Right 9 of Appeal by Employees. No page number,, it's -- the 10 head of the page is titled 1-847t Right of Appeal by 11 Employees: "In order to appeal a notice of dismissal, 12 it shall only be necessary for the employee to file 13 a denial of the charges in writing with the Personnel 14 Director directed to the City Manager requesting a 15 hearing. The appeal must be filed with the Personnel 16 Director for the City Manager within two days from date 17 of receipt of the dismissal order. Upon receipt of the 18 appeal,, the City Manager must notify the members of 19 the Appeal Board and set a date to hear the appeal. 20 The employee shall be notified of the date of the 21 hearing at least twenty-four hours in advance. Failure 22 of the employee to appear shall be cause for dismissal 23 of the appeal." Now, my point is that number one, it 24 is the Mayor's obligation to appoint an Appeal Board. 25 11 If I'm wrong, all Mr. City Attorney has to do is tell me I 1 where, and I'll try to correct myself. But at this 2 point, that's the code, I think. 3 MR. FLORENCE: Mr. Payor, if I'm not out of 4 order, the section just read, since we're talking on 5 some sort of technical basis here, seems to require -- 6 I think I wrote it down as it was read, that the dis- 7 charged employee file a written denial of charges at 8 1 the time he requests his appeal. And I don't see this on this letter, 10 MR. BUTCHER: May I answer.> 11 MAYOR TATE: Let's let the City Attorney 12 answer first, and I'll let you respond. 13 MR. BOYLE.* r4r. Mayor and members of the 14 City Council., what he's reading from is the Personnel 15 Manual that was adopted under an ordinance. The 16 Personnel .4lanual did not actually go so far as to 17 set up an Appeal Board or set up any of the procedures 18 relative to that. The council, though, tonight is 19 sitting in relation to the Charter, the Charter is the 20 governing document of the city, and under the Charter, 21 the City Manager has the authority to hire or terminate 22 the Chief of Police and all other employees of the city. 23 The City Chief of'Police did ask to be heard on the 24 matter, that matter is before the council tonight under 01 the Charter to reviewof _ City Manager, 1 and we're also going to hear the Chief's position a 2 to why he thinks that you should not honor that decision. 3 And that's the scope of the review tonight in my opinion. 4 MAYOR TATE: Air, Butcher, 31 MR. BUTCHrR: I would like to answer GSI Mr. Florence, Mr. Florence, tonight is the first time 7 there's been any charges given to Mr. Lilly. He requested 8 them on the date that they asked him for his badge, and 9 they were not given, and a refusal to give a statement 10 was made. Now, in view of this, I will proceed and ask 11 Mr. Ezell -- may I have a copy of the charges? 12 MR. EZELL: -- 13 MAYOR TATE: Pardon me. Mr. City Attorney, 14 MR. BOYLE: Mr. Mayor, as you set out the 1511 procedure, the hearing will be conducted by parties 01 Lng the statements representativematters. H1 If they desire to address a question, they can address 18 the question to the council, and the council can then, 19 if they so desire, direct that question to any party 20 that they desire to get the information from. But it's 21 not a matter for cross-examination. 22 MAYOR TATE: Would you like to make the 23 statement, then, to council? 24 MR, BUTCHER: No, sir, I want to talk to 25 Mr, Ezell. He's the man that has leveled these charges, 1 and I have not had an opportunity to answer these charges. 2 Z have had no opportunity to know what they are prior to 3 twenty minutes ago. I am entitled, I believe, to help 4 this man prepare himself to answer the charges o 5 Mr. Ezell. And I don't mean to be arbitrary, but you 6 have a man here that he has fired. He has dismissed him. 7 He's now coming to his superiors and says, "You confirm 8 this, but I haven't told him why until we approached 9 the council chambers tonight in an open meeting." Now, 10 I really don't think that's quite fair, and he's made 11 some pretty derogatory remarks here, and I want to ask 12 him about a -few of them. 13 MR. EZELL: MAYOR TATE: The City Attorney says -- 14 It's MR. BUTCHER: Let the record reflect that I'm 15 not permitted to ask the City Manager any questions, 16 and I will direct the City Manager's questions direct 17 to the Mayor and the City Council, 18 I want to know what the investigation by the certified 19 public accountant or auditor revealed when it was 20 completed this past few months. 21 MAYOR TATE: Mr. Ezell, do you want to address 01 yourself to that? 23 MR. EZELL: No, I don't. 24 MAYOR TATE: It's my understanding, ,and the ®' reason• ♦ to make an 35 1 investigation in that department, the way I understand it, 2 Mr. Butcher, was the fact that they had made a statement 3 to the investigating committee investigating the Police 4 Department that there were approximately twenty-five 5 percent of the tickets that had been issued unaccounted 6 for. This concerned us. We visited with the Chief of Police of any, that he feltaccount 9 his copy of the tickets. And on the meeting of 10 November 4th, when we sat down and discussed some of 11 the problems in that department, Mr. @- Chief Lilly, 12 at the opening of that meeting, revealed that he had 13 made his own investigation and that he could account UI for - of the tickets 15 books in that department with the exception of three, 16 and he explained to the satisfaction of the committee 17 the reasons for those three. Still, the state remained 18 that there were some tickets unaccounted for, and we 19 made it clear to Mr. Lilly at that time that we were 20 not accusing him of the fact that the tickets were 21 missing in his department, but that they were unaccounted 22 for. That concerned use and we went ahead and told 23 Chief Lilly that we were going to go ahead and 24 recommend to the Council that these accountants be 25 hired to make a further audit of the, tickets of Municipal I 1 Court and to determine whether that was actually true, 2 and if not, the reason for it. And what procedures 3 needed to be set up to account for them if they weren't being accounted for. 5 MR. 13UTCIIER: Did you find any 6 MAYOR TATE: They were hired; they did make 7 an initial investigation; I understand they sampled 8 some four hundred tickets, I believe I'm correct in 9 that, I'm not for sure the number in the sample, but 10 they took_ what they described as a random sample -- 11 and by the way, they did not make a written report; 12 they made an oral report to us but would make a written 13 report if we want one and indicated that there were 14 some tickets unaccounted for in Municipal Courts that 15 there were some procedures that probably needed to be 16 changed; that they didn't feel like there were any 17 improprieties; and that the four hundred tickets that 18 they checked, that they found none of them dismissed 19 by a menber of the City Council, the mayor, or any other 20 city official with the exception, I believe, that two 21 were dismissed, one with the notation of the Chief of 22 Police and one, I believe, of an officer. They also 23 verified that the copies were all accounted for in 24 Austin of any convictions under that. And they reported 25 to our satisfaction that there were not any misapplicati of funds, and that was our main concern. And I can 2 say that apparently, there had never been an audit o 3 those tickets in the Police Department. 4 MR. BUTCHER: I don't question the audits 5 I just grant you -- 6 MAYOR TATE: And that was done, and the 7 Police Department was found, apparently, that there 8 were no tickets missing. 9 MR. BUTCHER: No tickets missing, no 10 misappropriation of funds ®- 11 MAYOR TATEz That is correct. 12 MR, BUTCHER: No abuse of pourers. 13 MAYOR TATE: Well, there Was no misappropria- 14 tion of funds, and they found the ticket numbers 15 accounted for. 16 MR. BUTCHER: But was there any abuse of 17 powers by this man concerning the tickets in the audit? 18 MAYOR TATE: The accountants are not in 19 position, I think, to allege any abuse of power. There 20 was no improprieties. I'll leave it for you to decide 21 whether the Chief of Police had the authority to dismiss 22 the ticket. I didn't look into it, I'm satisfied, I thin 23 the committee is satisfied that there was not any 24 abuse of power as far as the accounting for the tickets. 25 MR. BUTCHER: Mr. Mayor, the next question I I 1 have directed to fir. Ezell through you is I would like 2 for him to tell me an answer to number one: the lack 3 of adequate supervision in the administration of his 4 department, and I need to know in what manner and with 5 whom and on what dates. 6 MAYOR TATE: Well, I'm not for sure that the 7 City Manager has dates and for instances. I'm not for 8 sure that that is his responsibility to make log and 9 keep books on that. If he wants to respond to that 10 question, I don't -- I'm not in a position to, and I 11 don't know whether any other members of the Council are. 12 If he wants to respond -- 13 MR. BOYLE: Mr. Mayor, the procedure is 14 strictly up to you all to conduct it. Now, the hearing - 15 to hear the entire presentation of Mr. Lilly and his 16 attorney and take clown all the questions and then direct 17 those however you choose to do so as opposed, I suppose, 18 to one at a time. 19 MAYOR TATE: Could you restate your position, 20 Mr, City Attorney? I'm not sure I understood it. 21 MR, BOYLE: I'm just saying it's up to you all, 22 you as the chief officer that is conducting the hearing. 23 But you can hear out in total, the presentation of 24 Air. Lilly and his attorney and take down all the 25 questions, and then direct them to be answered, if you 1 so desire, at one time rather than going on a question 2 by question basis. 3 MAYOR TINEt Mr. Butcher, do you have a 4 list of questions? 5 SIR, BUTCHER: No, sir, I don't have a list® 6 Your honor. I was not furnished, the charges in time 7 o -r I would have had a list. I want him to explain -- 8 may I ask -- please. We're having enough problem up 9 here, and I respect you, but please hold your laughter 10 down so that we can continue here, and I appreciate it. 11 I have not had the charges sufficient time to prepare 12 an answer to them or a set of questions, and that has 13 been my prime concern here at this meeting. And I 14 only know one way to represent my client, and that's 15 to find out exactly what caused these charges, what 16 motivated them, and what his answer is to them. You 17 have a City Manager. He has brought a serious charge 18 here, and I am here to present to this Council as a 19 review council for the -- either the confirmation or 20 the reversal of this dismissal. And that's my prime 21 purpose before this Board, and I just don't want to 22 cause anybody any concern except I'm not going to walk 23 out of here with any concern on my shoulders or the 24 fact that I haven't done James Lilly a job. And I 25 don't know why we can't go ahead and ask him some I 1 direct questions and get it over with little sooner. 2 MAYOR TATE: Stell, Mr. Butcher, I have to 3 abide by the advice of the City Attorney, Ile's an 4 attorney the same as you, and he has an obligation to 5 represent the city. I understand what you're saying. 6 I'm sympathetic with your desire to know what the 7 charges are, but it's my understanding that there does 8 not necessarily haveto be any charges to dismiss a 9 city employee. The charge could be a lack of confidence. 10 The City Manager has listed some reasons, the City 11 Attorney has 12 MR, BUTCHER: Mr. Mayor, excuse me. You're 13 adding something now. mi • - _has set 15 procedure. Now, he said if you want to give us a list 16 of questions, the City Manager can answer them. I'm 17 not going to deny you the right if he's in a position to 18 answer. But we want to expedite this. If you can't 19 ask them all at once, if you can give us some of them, 20 we'll ask the City Manager to see if he can answer them. 21 If you can't, then, we will try to hear you one at a 22 time as long as you are reasonable and you don't un - 23 reasonably prolong the procedure. 24 MR. BUTCHER% I'm going to direct this 25 question to all of the city councilmen. I'm going to M 1 ask you one more time if any member of this City Council 2 has already conceived in his mind that the charges brought 3 by Mr. Ezell are true and that they have made up their 4 mind to affirm this dismissal? 5 MAYOR TATE: Mr. Butcher, the City Attorney 6 said that was out of order. I can give you my assurance 7 that I have not made up my mind. There's a lot of people 8 here; we're going to try to hear them if we stay here 9 till 3:00 o'clock in the Morning. 10 MR. BUTCHER: I would like to know when the 11 insubordination or the lack of confidence or the problems 12 started accruing between Mr. Ezell and Mr. Lilly? 13 MAYOR TATE: Mr. Ezell, can you amplify in 14 this area at all? 15 MR. FZELL: well, I think several months and 16 maybe a year or so ago, I had the feeling from Mr. Lilly 17 that he was not going with my recommendations or with 18 my thoughts in the operation of the Police Department, 19 And as I said before in my previous statement, I think 20 that it wasn't any one item, but I think it was 21 accumulation over a period of time. 22 MR, BUTCHER: Has Mr. Lilly directly dis- 23 obeyed any directive from the office of Pyr. Ezell? 24 I-IAYOR TATE: I think Mr. Ezell has already 25 stated that he has. 1 MR, BUTCHER: What? 2 MAYOR TATE: That he issued a directive that 3 h s to be o job from 8:00 to 5:00 on a regular e was n the j g 4 basis. Mr. Ezell, do you have a copy of that directive? 5 MR. EZELL: Yes, sir, I believe so, in my 6 file here, Mayor. 7 MR, BUTCHER: while he's looking for it, I'll 8 direct a question. Isn't it a fact that your city 9 procedures and your pay rates and scales provide that loll an officer -- that a salaried officer shall take time M1 aid a half off for each hour of overtime he works? And 12 isn't it a fact that tire Ezell is aware of the problems 13 that a Chief of Police has with being up at all hours 14 of the night for different criminal offenses which he is 15 obligated to handle and that it is impractical for any 16 Chief of Police to sit in an office from 8:00 to 5:00? 17 MAYOR TATE: Well# the City Manager is the 18 one that has the administration over the Chief of Police. 19 He has the right to tell the Chief what he expects him 20 to do. Apparently, the City Manager expected him to be 21 in the office from 8:00 to 5:00. There was also an 22 Assistant Chief in the office from 8:00 to 5:00, I 23 understand, and a Sergeant in the office at the same 24 time. I think the City Manager had the right to establ 25 the policy. I understand what you're saying, that the 1 -� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chief of Police and Fire Chief perhaps work at other hours. I'm not debating that issue with you now. We're trying to clarify whether that directive was issued. MR. BUTCHER: dell, I'll just ask him if he ever flat outright refused to Mr. Ezell to follow the directive? MAYOR TATE: I don't know whether it's necessary to state whether he actually outright refused. Mr. Ezell has already said that he was not carrying out that order. I assume that should be a satisfactory answer to your question. MR. BUTCHER: Well, it isn't, but if that's the answer MAYOR TATE: Air. Ezell, 14R. EZELL: I'm sorry. iiR. BUTCHER: What other department heads has Mr. Lilly refused to cooperate with or been uncoopera- tive as the statement is made? MAYOR TATE: Mr. Ezell, do you want to answer MR. EZELLt No, I'd rather not answer that. I don't think that would be a fair question. The department heads responded to me in confidence, and 2 don't think that would be fair to answer. MAYOR TATE: Mr. Butcher. IP al he has givenreasons, 13 1 present MR, BUTCHER: I insist that he answer it. heard them, and Mr. Lilly can 14 2 to those MAYOR TATE: lie has refused to answer,, and he would like 3 and I will ask you to proceed. Where again, I remind you, 4 Mr. Butcher, that this is not a court of law, and I am 5 bending a little bit the advice of the City Attorney in 6 respect for you and your ability as an attorney. But 7 we do not have to continue on this basis. The City 8 Attorney has ruled that we are not going to have any 9 cross-examination, and this was his advice to the City 10 Manager earlier today, I understand, and this is not 1111 the procedure that we're to follow. The charges that -- al he has givenreasons, 13 Everyone present has heard them, and Mr. Lilly can 14 respond to those if he would like to and anyone here 15 present. And we're going to listen to all of those 16 speakers. And I will suggest at this time rather than 17 continue in this manner which is not going to be 18 productive, is for us to hear from Chief Lilly and let 19 him deny these claims. 20 MR. BUTCHER: Well, I'm denying them for him 21 and on his behalf, and you'll hear from him in just a 22 few minutes, fir. Mayor. But as his attorney, I deny 23 all the charges on his behalf,and I will continue to 24 direct the questions to you. And I'll ask a question 25 right now to all of the members of the City Council. 1 I And before I say it, I'm going to submit this man to you 2 to talk to you and let you ask him some questions and 3 to answer these charges personally. But right now, 4 is there anything that he could get up here and say to 5 this council or do to this council that would cause this 6 council, each and collectively, to not follow the 7 reconunendations of your City Manager? 8 MAYOR TATE: well, I was not present when 9 the City Manager dismissed hire. I do not know what his 10 knowledge of the facts are. I was present when the 11 investigative committee visited with Mr. Lilly on 12 November 9th and on another date shortly before that, 13 and I know that he was wade aware of many problems in 14 his department. So he is not in complete ignorance 15 of the problems in that department and the things that 16 he was being expected to do by the City Manager, 17 MR. BUTCHER: Let me ask you a question, 18 Mr. Mayor, for you or Mr. Ezell. Since November the 9th, 19 is, I believe, the date you used --- 20 MAYOR TATE: November 4th, 21 MR, BUTCHER: November the 4th? You advised 22 him of various things that were wrong in his department? 23 MAYOR TATE: At that meeting and at a meeting 24 prior to that date. 25 MR, BUTCHER: what was that date? 1 MAYOR TATE: I'm not for sure. Chief Lilly 2 may know, I'm not sure. It was probably a few days 3 before that. 4 MR, BUTCHER: Is it wrong for a Chief of 5 Police who has the reputation that Mr. Lilly has in this 6 community to ask for funds with which to improve the 7 department? 8 MAYOR TATE: I don't think it's wrong to ask 9 for funds, but I think the department head has an 10 obligation to be conservative, to administer his 11 department efficiently, and to help conserve and protect 12 the tax dollar of this community. Each department head 13 is supposed to make a recommendation to the council each 14 year. 15 MR, BUTCHER: Is it cause for a dismissal if 16 they continue to ask for money? 17 MAYOR TATE: Well, I have some facts here -- 18 MR. BUTCHER: Mr. Mayor, you have been 19 crawling on me about pocding., If it's wrong, it's 20 wrong= if it isn't, it isn't. 21 MAYOR TATE: You asked me a question, so let 22 me go ahead and clarifyit for the people present what 23 we're talking about. we're spending -- and these figures - 24 are part of the Council of Governments. Their figures 25 show a population of the City of Grapevine of ninety-four 9 1 hundred people. They show that we have fifteen patrolmen, 2 twenty-eight personnel in that department, and that we 3 spent, budgeted, four hundred twenty-nine thousand three 4 hundred fifty dollars which is a little over thirty 5 percent of the tax budget for police protection. That 6 is forty-five dollars and sixty-eight cents per person 7 for police protection. The City of Colleyville is 8 spending eighteen dollars and eighty-three cents; Everman, 9 twenty-one dollars and eighty-three cents; Richland Hills, 1011 twenty dollars and fifty-two cents; Bedford, nineteen dollars and forty-six cents; North Richland Hills, seven� 12 teen dollars and sixty-nine cents; Euless, twenty-three 13 dollars and twenty-nine cents; Lewisville, eighteen 14 dollars and eighty-eight cents per person; Haltom City, 15 sixteen dollars and eleven cents; Carrollton, twenty - 16 seven dollars and eighty-four cents; Hurst, eighteen 17 dollars and forty-eight cents, Plano, eighteen dollars 18 and ninety-seven cents; Denton, twenty-two dollars and 19 eighty-four cents; Richardson, seventeen dollars and 20 ninety-four cents; Irving, seventeen dollars and twenty - 21 nine cents; Garland, twenty-one dollars and thirty-two 22 cents. We have one patrolman for every six hundred 23 twenty-six people; Bedford has one for every fourteen 24 fifty-four; North Richland hills, one for every eighteen 25 thirty-three; Euless, one for nineteen thirty-eight; M 7 Garland,one for every eighteen seventy-five. Now, we 8 have -- most of these, the average of these other cities, 9 we have twice as many officers or in some cases three 10 1 Lewisville, one for fourteen twenty-one; Haltom City, 11 2 one for sixteen forty -fours Carrollton, one for ten 12 3 thirty -fou l burst, one for every eleven tent Plano,• head makes a request for a 4 one for every twelve sixty-two; Denton,one for every or request for men 5 eleven seventy; Richardson, one for every fourteen - has an obligation 6 o -eight; Irving, one for every eleven twenty-eight; 7 Garland,one for every eighteen seventy-five. Now, we 8 have -- most of these, the average of these other cities, 9 we have twice as many officers or in some cases three 10 tines as many officers per person, and we're spending 11 twice or more per capita for police protection. Now, 12 think, when the department head makes a request for a 13 budget or request for men and equipment. Now, the 14 council has an obligation to have some confidence in 15 his recommendation and ought to have the right to rely 16 on it in determining how much money is needed for that 17 department to insure that the public is properly policed 18 and protected. Now, that's all I'm saying. We're out 19 of line, we're way out of line because of the Police 20 Chief's requests. And we didn't give him near the 21 requests that he made, and I will further address myself 22 to that later in the proceedings. But this is an example 23 of the Chief making recommendations to the council in 24 the budget for men and equipment. We're way out of 25 line, and he was not responsive to cutting back. He 1 indicated that we still did not have enough nen. He 2 asked for four more men in the last budget, and we 3 didn't give him any. These are facts, statistics, 4 and were meaningful to me sitting here, the city 5 administrator, trying to save taxes. People are 6 conscious of taxes in this town. They're wanting taxes 7 reduced. They're demanding that city officials be 8 efficient. Candidates are running on those platforms. 9 1 And we've got to demand them. We're spending more than 01 twice the amount of most cities in this area for policc 11 protection. Prow, something is wrong. 12 MR. BUTCHER: I'm not questioning that because 13 you're spending too much money. My question is do 14 you think it should be causation for dismissal of your 15 Chief of Police because he wants to continue to have a 1611 good Police Department and asks for more money. That's U1 my question. 18 MAYOR TATEs I think that most of the people 19 that are paying taxes will expect us to pay a reasonable 20 amount for police protection, and I would expect the 21 Police Chief to make recommendations that are: reasonable. 22 If he would not agree to reduction of the force or would 23 not agree to be efficient or would not cooperate with 24 the City Manager or the City Council in this respect, 25 I would say yes, it's grounds for dismissal. I 1 MR. BUTCHER: Has he been asked to deplete his 2 force and fire any men? 3 MAYOR TATE: I asked him if we didn't have 4 too many men, and he said no. 5 MR. BUTCHER: Well now, Mr. Mayor, what are 6 you doing asking him when it's the City Manager's job 7 and you're not to iterfer with the police officers o 8 department heads? 9 MAYOR TATE: I was a part of the investigative 10 committee appointed b this council and as Y r part of these 11 official duties, I asked him that question. And I think 12 as the Mayor of this town, I have the right to ask him 13 that question. I think it's a fair one. 14 MR, BUTCHER: I'll ask the question -- 15 MAYOR. TATE: And I think, the facts will show 16 that he was not responsive to that, and he could not 17 come up with any ideas to reduce the capital outlay 18 in that department and that he requested four more men 19 at the budget hearing last fall in addition to that. 20 MR. BUTCHER: Is this set of facts you have 21 just given, Mr. Mayor, a part of the investigation listed 22 under seven in the charges which says, "Data and informa- 23 tion furnished me by a special committee of the City 24 Council that investigated the Police Department?* 25 MAYOR TATE: All of these statistics were not 1 available to the committee at the time that we discussed 2 with the Chief. I don't believe that we pointed out 3 the difference in what other cities were spending a 4 the time. Ile just visited with him as far as the City 6 of Grapevine was concerned. These facts and figures 6 were part of the findings of the investigative committee, 7 yes, sir. 8 MR, BUTCHER: I wonder if Air. Ezell has made 9 an investigation to see whose responsibility it is to 10 prepare complaints for the Corporation Court and see 11 that those complaints are properly handled on appeal 12 to the County Court of Tarrant County? 13 MAYOR TATE: We've had two procedures. 14 Mr. Ezell, would you clarify again, the procedure as 16 it operated as you know it under the Police Department 16 and as it is operating now? 17 MR. EZELL: Up until 174, that was handled 18 through our Police Department, And in 1974, we started 19 making warrants here at the City Ball, and they were 20 in turn given to the Police Department for -- to take 21 care of or to resolve these warrants. In October of 22 this year, this was moved up to the City Hall under the 23 Department of Revenue and in our Corporation Court. 24 MR, BUTCHER: Mr. Ezell, who did you discuss -- 25 with whom did you discuss the dismissal of Chief Lilly 1 prior to your notification to him of such dismissal? 2 MAYOR TATE: Mr. Butcher, that has nothing 3 to do wi th the charges that you're trying to understand, 4 and you call them charges, that have been leveled against 5 chief Lilly. 6 MR. BUTCHER: What do you mean, it doesn't 7 have anything to coo with it? 8 MAYOR TATE: It doesn't have anything to do 9 with it. The City Attorney has said that you are out 1p of order. Now, I'm trying to cooperate with you, and 11 you say your interest is to find out the charges in more 12 specific. 13 MR. BUTCHER: Well, if I don't get any 14 answers, how am I going to find them out? 15 MAYOR TATE: That question does not have any - 16 thing to do with any charges. 17 MR. BUTCHER: Ilell, I feel like it does. 18 MAYOR TATE: Well, you have that right. lg MR. BUTCHER: And I want it answered. And if 20 he denies to answer it or refuses, that's part of the 21 record. 22 MAYOR TATE: The City Attorney is the one 23 that is making the legal rulings for the city tonight. 24 R. BUTCHER: Mr, City Attorney -- 25 MAYOR TATE: And let me point out again, I am 1 going beyond what the City Attorney is wanting me t 2 do in trying to cooperate with you in all fairness, But 3 I'm not going all the way. 4 MR, BUTCHER: Mr, City Attorney, do you 31 direct him notanswer that que 611 MR, BOYLE: Well, Mr. Mayor, the ground rules 31 have been 8 standably that everyone has an opportunity to be heard. 9 Mr. Ezell stated his reasons and gave his reasons. U1 We have providedstatement 11 charges. Those are reasons as read into the record 12 coupled with a lot of the other statements that Mr. Ezell 13 had made into the record. The council had the opportunit 14 to ask him some questions. Everybody here, Mr. Lilly, 15 his attorney, has an opportunity to present their views 16 to the council for the council to consider when they Ut make their decision U21 rules of evidence are not applicablei and cross-examinat-i 19 is not available under this, and that has been my 20 recommendation,and it's my understanding that that was 21 the ground rules that the council did approve that set 22 forth the hearing and that a continual effort to direct 23 questions at Mr. Ezell is an effort, in my judgment, 24 to circumvent the rules. And I recommend that you do 25 move along so everyone can have an opportunity to be 54 1 heard relative to the matter. 2 MAYOR TATE t Okay. Mr. Butcher, on the advice 3 of the City Attorney, we will not accept any further 4 questions or cross-examination. You have a right at 5 this time to make a statement on behalf of Chief Lilly, 6 and Chief Lilly has the right to make a statement, and 7 then we will go to the floor and talk to the people. 8 MR, BUTCHERS Mr. Mayor, it's apparent that 9 the ground rules were laid to circumvent my question to 10 Mr. Ezell, and I resent it. And I want the record to 11 reflect it. I want the record to reflect that each 12 councilman has failed to answer any question I have 13 asked them concerning the dismissal of this Chief. 14 Noir, I'm going to make a statement to you, and I'm going 15 to make a statement to this council on behalf of Mr. Lill 16 Z think it is an outright disgrace for such a charge to 17 be leveled at a man, refuse to give him the charges, 18 set a hearing here in three, four or five days, refuse 19 to give the attorney a copy of the charges in time to 20 look at them, except by demand, and then stand up here 21 and refuse to let the attorney stand up here and ask 22 the questions and answer them. Now, he's brought a 23 bunch of charges against the Tuan for no good reason, 24 for no good cause, and this man has, in my opinion, 25 a vested property interest in this city. He has good 1 cause to believe that after nine faithful years o 2 service on this Police Department as your Chief, that 3 he is entitled to be kept as the Chief of Police until 4 he does something worthy of dismissal, and it's not in 5 the books is this particular instance, He has the right 6 to be given the charges at the time of dismissal, he 7 has the .right to present his facts and that right is 8 being denied here tonight whether you think so or 9 whether Mr. City Attorney thinks so or not. And there's 10 no charges in this. The biggest thing you have talked 11 about tonight against this man is the confounded 12 dog catcher and whether they ought to be bringing in 13 four dollars a month or whether they ought to be -- 14 and I'll assure you that these are the voters that are 15 looking for Chief Lilly to protect them and for p otecti 16 of this community. whether it's six hundred here and 17 eight hundred in Colleyville doesn't make much difference 19 MAYOR TATE% well, I disagree with you. 1 20 think it does make a difference to the taxpayers, Are 21 you saying that there has to be some grounds for 22 dismissal of an employee either by a city or any 23 business? Does the city not have the right if it does 24 not have confidence in an employee, to dismiss him? NMI; MR. BUTCHER: Mr, Mayor, you set the ground 1 rules, and you said that the dismissal could be, number 2 one, by the City Manager's actions number two, that it 13 M. BUTCHERt 3 would be confirmed or denied by the City Council; and that 4 if it were confirined and he was dismissed under admiistra 5 tine procedures, he would have the right to appeal and 6 that he would be appearing before a board appointed 7 by Mr. Mayor of this town. And it's apparent to me that 8 this procedure is not being followed. The racord reflects 9 this procedure is not being followed. The record reflects 10 that this is a biased hearing and that you should dis- 11 qualify yourself. 12 MAYOR TATEt Why should I disqualify myself? 13 M. BUTCHERt Because I think you're biased 14 and partial, Mr. Mayor, 15 MAYOR TATE: I'm abiding by the advice of 16 the City Attorney, lie's the one that -- 17 MR. BUTCHER: I'm through. You can proceed. 18 MAYOR TATEt Does Mr. Lilly -- 19 MR. BUTCHER: Not at this time. I Grant to 20 hear somebody else first. 21 MAYOR TATEt Okay. We have some guests presen 22 that would like to speak. 23 Mr, Dale Hall, would you like to speak at this 24 time? 25 MR. HALLt Yes, sir. 1 MAYOR TATE: Mould you give your address? ._ 2 MR. HALLt 2115 Lakecrest,, Grapevine. Could 3 I address you? But I'd like to address the crowd. I 4 don't know - I don't really have much to say to the 5 council. 6 MAYOR TATEt Fell, just make a statement, then. 7 MR. HALL: I came here to speak in behalf of 8 council which I feel like is something opposed to what 9a lot of people are here for tonight. But I've known 10 some of the guys on the council, I've known some of them 11 for thirty years and better. I know who they are and 12 ghat they represent and that they are trying to do a 13 good job. And I insist, those people that I know here, 14 that you take a responsible attitude toward what's going 15 on here tonight because it means a lot to me, and I think 16 these guys are doing a good job, and I dant this to be 17 a .responsible meeting. And I know Mr. Lilly, and I have 18 nothing against him. But I feel like that the council 19 feels like they do. And I just want it to be done in 20 the proper manner, and I want everyone to approach it in 21 thatm er, andI do not think it's the place for 22 clapping and laughing because it's a serious matter and 23 it's very serious to me. Thank you. 24 MAYOR TA : s Ann Carlson. 25 MS. CARLSO: I do not have anything to say I 2211 business, and keep it in mind, and you h I ave all heard it 23 before# that figures don't lie, but liars figure. N - ow 24 then, we're talking out the increase of the pick-up 25 of the warrants over this last year. Since February, I 1 at this time, 2 MAYOR TATE: Bill Boswell, 3 MR. BOSWELLt Council -- 4 MAYOR TATE: Wouldyou state your address? 5 MR. BOSWELL: 3628 Grandview Drive in the 6 Grapevine Lake Estates Addition, I'm not a legalese or 7 1 can't match wits with you, Bill, or I can't match 8 wits with the City Attorney., I'm plain vanilla. You 9 quoted some facts about how many patrolmen there were 10 and in what towns and so forth and all this. I moved 11 down here from a town that You will never be able to 12 equal and because of one thing. It was nearly twelve 13 years ago, and that was a climbing crime rate in the 14 City of Arlington. It's not here, it's not here to 15 that degree, and it's not here to that date. If the 16 Police Department has to have a budget of ten times 17 what Arlington does to keep it in this manner, that's 18 where we have got to stay,, gentlemen. I have made tome 19 notes over this whole thing and all, but I want tomake 20 one statement before we get off into it. We've heard 21 a lot Of statistics and a lot of figures and all this 2211 business, and keep it in mind, and you h I ave all heard it 23 before# that figures don't lie, but liars figure. N - ow 24 then, we're talking out the increase of the pick-up 25 of the warrants over this last year. Since February, I RE 1 think Mr. Ezell said. Since that period of time, the 2 Dallas and Fort Worth Police Departments both have 3 initiated computer programs where my company, we billed 4 and put equipment in the police car where the patrolman can punch in that information and it goes into that 6 computer, and before he's even got the guy's driver's 7 license out, he knows hoer many warrants the guy has. 8 Sure, you're going to have an increase in the last few 9 months because we've got two big sisters on each side 10 have helped us. They've increased. Now, the dog warrant 11 business. Gentlemen on the council, you hung this man 12 with an unsavory job that he couldn't enforce. You . 13 annexed all the lakes at the insistence of Mr. Ezell, 14 but you never took into consideration that you have 15 got a family of campers out there on the weekends that's 16 got a dog that got loose, they couldn't find it, they 17 went home, and it was there. Now, them dogs have been 18 loose since twelve years ago out there, and in fact, 19 I own some of them, but that ain't no big deal either. 20 But you hung this additional area on this Police Depart - 21 ment and did not give him any additional support. The 22 airport came in; you didn't give him any additional 23 support there. And that man right there behind me, 24 James Lilly, saved me a fine of assault and battery on 25 that City Manager. Now then, Z don't know what he's MR 1 called you all over the telephone, but I know what he's. 2 called me. And I know the next time, 10m going to get 3 him. That's a fact, gentlemen. Now, a � , 11 these towns 4 that you have quoted bills, out of the other places, 5 patrolmans are up a higher rate and all ® you didn't 6 quote what the hell their crime rate is. Now then, 7 interdepartmental, how many departments you got in this 8 town? Four? 9 MAYOR TATE: More than that. Ten? ZO MR. BOSWELL: Well, I mean how many departmentF 11 you got that has more than one man in it. 12 MR. EZELL: About twelve. 13 ASR. BOSWELL: Twelve? Twelve departments. 14 We do have some luxuries, don't we? Now then, we'll 15 get back to some things that have -- all that -- there 16 was some advice that came from a committee, is this 17 right, that investigated the Police Department. I think, 18 if I'm quoting right, through the newspaper comments, 19 last August, and Dill, I think You was the one at that 20 time thatsade the statement to the paper in Your column 21 at that time that you was concerned about wily the number 22 of warrants that was being g processed wasn't being upheld 23 in the courts. I'll tell You why. It's because every - 24 body is innocent until they are proven guilty, and they 25 can appeal that court decision all the way from here to 1 TiH)uktu. I've been down here before; that man's had 2 me down here before; he's had my kids down here before, 3 but we've got to still respect him. Why? b•+e're average 4 citizens; we're not legalese; we don't know how to 5 manipulate; we're not in the manipulating business; we 6 don't want to do it; we don't want to be matching wits 7 with you. You're all elected, you're all duly responsibl 8 people to run this town and run this city and everything 9 else, but you don't hear the good parts that come out. 10 You don't hear the good part about James Lilly taking 11 juveniles in his own home in this town, and when that 12 they beat him from the Tarrant County Courthouse back 13 to their house, when he picks them up, but yet he's 14 got enough pride in his job that he'll take them kids" 15 and put them in his house, and he's done it before -- 16 that dere delinquent. Now, you want to holler in a 17 malicious «- uncooperative departmental -- man, if Z 18 had his job, I'd be so damned uncooperativer everybody 19 that walked that street -- it would just be unbelieveable. 20 But that's not my profession, that's his. lie handles 21 it well. I've been to his place before, and he's been 22 to my place before, but he's an honest man and handles 23 his duties as Chief of Police in the City of Grapevine, 24 and has been. This you can't deny. You gave hire that 25 lake out there and you hung him on streets and all, and 1 for your information, gentlemen, he can't even patrol 2 me coming back and forth to the City of Grapevine. I 3 live in the City of Grapevine, but in order for me to 4 come down here, I've got to drive on a County Road or 5 the Corps of Engineers, and you gave him that responsi- 6 bility to police it, and he can't police it. Now then, 7 three years ago, Mr. Ezell, you remember the day that 8 task, I came to your office with Mr. Lilly, and you had cut 9 There him out of the budget? At that time, he had from the 10 today Fort Worth International Airport that just went into 11 the Fighway operation to the western side of the Grapevine Lake, 12 23 and he had four patrolmen. You gave him an impossible 13 task, gentlemen= the man can't do it. Making errors? 14 There ain't a soul in here that ain't made an error 15 today because that man don't walk the face of this earth. 16 Judgment? That's what you got him here for, and I'll 17 make you a bet if he was shooting dice, he'd be conning 18 out fifty percent or better everytime he rolled the dice. 19 Now, look, this town, in the last ten years, has grown 20--- from the whopping sum of. eighty -five -hundred people to -- 21 the Fighway Department just the other day, put up a neva 22 sign. It said ten thousand nine hundred and ninety-eight. 23 This is a grand total of nearly twenty-five hundred 24 people in over ten years of its growth. During that 25 period of growth, it hasn't grown because you have 63 1 enticed people to come in here or anything else, bec&use 2 you have annexed these additional areas. Now then, we'll 3 get on back farther before Jack I'm sorry, James Lilly. 4 We'll go back to Mr. Jack Hell, and we'll go back to 5 Don gall, your Regional Police Chiefs. And Mr. Pirkham -- 6 boy, you remember Ira Woods going down to the Police 7 Department every Monday morning. He used to go through 8 all the clad -blamed traffic tickets and throw out the ones 9 he didn't want prosecuted, don't you? This is how 10 rotten it was. Jack Belcher was probably as up -standing 11 a man as James Lilly is, but he couldn't hack it, either. 12 lie couldn't go. Gentlemen, you ain't giving a person an 13 incentive or a bit of help to come in here and do a job if you listen to a bunch of stuff that has been concocted Ut 15 by somebody ®- a pipe dream somewhere to be put down and 16 a person charged with that. If a person charged me with 17 that as an individual citizen, you got a hell of a fight 18 on your hands, friend. But there's a small barrier betty 19 James Lilly and Floy Bzell, and that's respect for the 20 man that's his boss. Now, the man has had respect for 21 his boss, which is the City Manager, and he's had 22 respect for the council. But with all due respect put 23 all aside, I don't think anybody has given James Lilly 24 any respect for what he has done for this town of, 25 Grapevine and these nine years that he's gave of his I life. And maybe he ain't there from 8:00 to 5:00, but 2 I can make you a damn bet that he was there from 8:00 to 3 12:00 the night before or 12:00 to 4:00. There's many 4 of them nights that he's been clown there, but you ain't 5 given this man the common courtesy to say, "Floy Ezell, 6 you're all fouled up." I thank you. 7 MAYOR TATE: Leonard B. Russell. 8 MR. RUSSELL: Thank you, sir. Leonard B. 9 Russell, 309 North Main Street. And Mayor 'Tate, I want 10 you to know I :calked down here because I'm not afraid to 11 walk home. I moved from a town adjoining this city, 12 one that you called off, and I think the City Manager 23 and you, Mayor, know that I have had my differences 14 with this man and also this. council. We've worked them 15 out. But I'm here to speak to this man as a police 16 officer, and he's a policeman's policeman. Now, one 17 charge, Mr. Ezell said -- I'm retired. I retired three 18 years ago and moved back to our home on Main Street, 19 I work a lot with the Welfare over in Fort worth. This 20 man got out of bed one morning at 3:00 o'clock in the 21 morning and come up to Dove Road and Northwest Highway 22 to settle a child abuse about two or three hours. And I 23 see him about 6:00 o'clock in the morning, he's out 24 patrolling because he's out working and his door is alwa 25 open. This morning, I circulated a•petition. I had no 9 5 council meeting, or if it's necessary, I will contact 6 each registered voter in Grapevine, Texas, and find out 7 their feelings on this matter. Gentlemen, I think that 8 we have one of the finest police departments, and we owe 9 it all to this man. T told you I walked up here. It 10 wasn't because I couldn't .find a parking place. My wife 11 and I, we walk down Main Street almost to the lake about 12 1:00 o'clock in the morning. tine couldn't do that over 13 in Irving because we know that about every second or 14 third car, We might see a patrol car down here, and we 15 know we're protected. You think that ain't worth forty - 16 eight dollars a person? I'll pay it. And you talk to 17 the shop owners* Mayor Tate, the one down here at 18 Quickwayt PDQ down there. My son's manager of a PDQ 19 over in Irving, and they've had three robberies in three 20 months over there. Thev haven l f n_.,n},a. 21 there. They robbed the PDO up here one time. They 22 were apprehended, weren't they? You bet. We have -- T 23 understand we have one of the lowest crime rates in any 24 city. Now, Mayor, that's worth forty -- what was your 25 figure on that? 1 idea I could speak before this Council tonight. if I 2 3 had, I would have brought signatures, We have approxi - mately two hundred fifty to three hundred signatures, 4 I will present it, if necessary, at the next scheduled 5 council meeting, or if it's necessary, I will contact 6 each registered voter in Grapevine, Texas, and find out 7 their feelings on this matter. Gentlemen, I think that 8 we have one of the finest police departments, and we owe 9 it all to this man. T told you I walked up here. It 10 wasn't because I couldn't .find a parking place. My wife 11 and I, we walk down Main Street almost to the lake about 12 1:00 o'clock in the morning. tine couldn't do that over 13 in Irving because we know that about every second or 14 third car, We might see a patrol car down here, and we 15 know we're protected. You think that ain't worth forty - 16 eight dollars a person? I'll pay it. And you talk to 17 the shop owners* Mayor Tate, the one down here at 18 Quickwayt PDQ down there. My son's manager of a PDQ 19 over in Irving, and they've had three robberies in three 20 months over there. Thev haven l f n_.,n},a. 21 there. They robbed the PDO up here one time. They 22 were apprehended, weren't they? You bet. We have -- T 23 understand we have one of the lowest crime rates in any 24 city. Now, Mayor, that's worth forty -- what was your 25 figure on that? I 1 MAYOR TATE: It's forty-five dollars and 2 sixty-eight cants per person. 3 Mit. RUSSELL: It's worth every penny of it. 4 I'll pay it. This man, like I say, I have no love for 5 this Man as an individual. lie lives right down the 6 street, around the corner from me. I've been to his 7 house twice; one time was yesterday, another time I 8 went up to his house, and he wasn't there. And that's 9 the only time I've ever been to this man's house. But 10 I tell you one thing, if I was to call him any time 11 of the night, he would come to my house because he has 12 always done it. And his patrolmen --- I'll -- my boys, utI have two one is one is twenty, 14 and do you know that they respect these policemen out 15 here in Grapevine, but they had no respect for the 16 Irving Police Department. I'm not knocking the Irving 17 Police Department# don't get me wrong, and I hope there 18 is no Irving officers here in this chamber. But these 19 officers out here are public relations people. They 20 meet the public, and the officers reflect their Chief, 21 and that's this man right here. And like I say, if 22 I had known I could have spoke to the council tonight, 23 2 would have brought the petition. We do have a 24 petition. I hope and pray that the council votes in 25 favor of Chief Lilly because we need this roan. Every 21i person that I have talked to in this town today would 2 stand up and fight for this man. I thank you. 3 MAYOR TA Thank you. 4 Roger Cloud. 5 MR. CLOUD: Mr. Mayor, I'm Roger Cloud, 6 520 Bluebonnet here in Grapevine, and I would like to 7 compliment the Police Department for the general 8 11 protection that we have received at the business I am 21 associated with. We all went to sleep here a while 10 back, and we can't handle bicycles, but that's as much 11 our fault as it is anybody else's. I would like to 12 relate one incident that happened, however, that happened 13 in June of '7. One of my staff members -- he couldn't 14 comply with a small request of a member of the Police 15 Department, and for about a week and a half, two weeks, 16 I had a police car behind rie three out of four mornings 17 and sometimes picking me up when I went back from lunch. GL's' Well,, I mentioned it to a membdr of r Council 19 time who is no longer on it, and it.was stopped abruptly. 20 It was discontinued, and I was concerned about that. X 21 And again, it could be just an ironic happening, but it 22 did happen, immediately after we couldn't comply with 23 a request from a member of the Police Department. That's 24 all I have to say. at MAYOR TATE: Floyd - I MR. DEACON: Mr. Mayor, members of the City 2 Council, Mr. Ezell, Mr. Lilly, my name is Floyd Deacon. 3 I live at 105 Cross Creek Drive. It's regrettable that 4 we have to have a meeting like this, but it's also good 5 that we can have an open hearing where every person can 6 express their beliefs and what they thank. Tonight I 7 would like to express my opinion in regard to a citizen 8 of Grapevine by respectfully requesting this City 9 Council to reduce the expenses of this Police Department, 10 It is far out of line. I think it's a proven fact when 11 every city around us maintains a department which operate 12 at a third or half of what our department operates for. 13 I'm a taxpayer, and I request that we be competitive. 14 If we aren't, we certainly will be punished for not being 15 so. tae will not have industry; we will not have people; 16 we will not have anything coming to this community if we 17 do not maintain a competitive position. Therefore, I 18 back your figures one hundred percent, and I think those 19 figures alone are enough. And I have got friends on both 20 sides, and I hope that I can keep them after these 21 remarks. I think those figures alone are enough for 22 dismissal of Mr: Lilly. In addition, I think Mr. Ezell's 23 statements tonight are adequate. They are sufficient, 24 and I think they should be honored by this City Council 25 sitting here listening to those reports. I respectfully 2' request• honor_ position c A 2 statement here tonight. I thank you. 3 MAYOR TATE: Mr, Andy Anderson, 4 MR. ANDERSON: Mayor, City Councilmen, all 5 I've got to say is I'm here in defense for the Police 6 Chief. One of your big charges, gar. Ezell, is that the 7 man wasn't in his office. By God, I've come by here 8 half a dozen times and couldn't find you. I haven't 9 had anything but the very best police protection at 10 my home or residence and my businesses. We've been 11 treated as nice and as fair as anybody would ever expect 12 to be treated, and probably the only place that I haven't 13 been treated exceptionally nice is with the City Council. 14 I would like to ®- if you don't mind, would you read 15 the last three names on that little stack of cards you 16 got ere? The last three names. Is that the -- am I 17 the last one? 19 Fletcher. 20 MR. ANDERSONt Well, I'm going to say one 21 other thing, and. I'm not going to say any more. And that 22 is if there is any wrong -doing by any city office here, 23 Police Department or whatever, it's not from the man 24 sitting behind me here. Thank you. 25 MAYOR TATE: Peggy Fletcher. 70 5 1 presently do live in Dallas, I still consider Grape - 6 vine my home. I would like to say on behalf of Chief 7 Lilly and his department, he is a businessman. I will 8 say, Air. Ezell, I have called Many tines -- in respect 9 to your statement that Chief Lilly is not in his office, 10 I have called many tunes as early as a quarter till 11 8:00, and I have talked to Chief Lilly personally. I 12 have called your office, and I can name about fourteen 13 different times that I had to call you back before I 14 got you. And I think you recall the question that I 15 was going to ask you in regard to a streetlight at that 16 11 time. This chief, and I still consider him a chief 18 1 MS. F'LETCHE s Your honor and City Council 19 2 members and City Manager, Mr. Ezell, my name is Peggy if you consider they have fifteen officers, 3 Fletcher. Formerly, I was the manager of Regional Place 4 Apartments. I might add I still have a heart in Grapevine 5 1 presently do live in Dallas, I still consider Grape - 6 vine my home. I would like to say on behalf of Chief 7 Lilly and his department, he is a businessman. I will 8 say, Air. Ezell, I have called Many tines -- in respect 9 to your statement that Chief Lilly is not in his office, 10 I have called many tunes as early as a quarter till 11 8:00, and I have talked to Chief Lilly personally. I 12 have called your office, and I can name about fourteen 13 different times that I had to call you back before I 14 got you. And I think you recall the question that I 15 was going to ask you in regard to a streetlight at that 16 11 time. This chief, and I still consider him a chief 18 Police Department. I'm presently in Dallas, and 19 according to my figures that you have laid out here in 20 respect tolDw many people per capita these officers take 21 care of, if you consider they have fifteen officers, 22 they have three sergeants,, a detective, a chief, assistan 23 chief, two clerks and one secretary and four dispatchers. 24 Now, you consider that you've got three shifts, and 25 you've got five officers per shift. Each officer needs 1 two days off a week to work a forty -hour week. You have ,..1 2 a population of ninety-four hundred. Friends, that 3 comes down to three thousand one hundred and sixty-six 4 people per officer to take care of. This does not 5 compare with any other figures that you gave for any 6 other outlying area. I'm not a Mathematician because 7 I usually carry a calculator around. I don't have i 8 here tonight; if my figures are wrong, please correct 9 Me. As far as the warrants that have not had any kind 10 of dispensation, I don't know how the Police Department 11 handles it. But I know at Regional Place, when I went 12 into Regional Place, we had a very bad situation. We 13 turned it around to a very good situation because o 14 a good Police Department. This Police Department is -- 15 they're -- pardon me. This Police Department does not 16 discriminate. This Police Department is fair. if 17 person does wrong, they should be punished. I firmly 18 believe this myself as does Chief Lilly. If anybody 19 is my friend and I call up Chief Lilly and say, "Don't 20 put hire in jail," this roan will put him in jail, and 21 I don't blame him. And I hope that he would do it to 22 anybody, no matter what level they are on because this 23 is fair. This is how we stop crime. I do know that this 24 man does this. I do know that this man's Police Depart - 25 ment does follow through. Now, I came here from Dallas 1 because I believe in this man, and like I said, my heart 2 still lies in Grapevine because I don't feel that this 3 man has done any wrong. I don't believe that this man 4 has done any injustice. As far as you saying that this 5 man needs to be in his office between 0:00 and 5:00, I 6 too am in management. I'm not always in my office 7 between 8:00 and 5:00, but I'm supposed to be. Sometimes 8 I'm there from 7:00 to 6:00. Sometimes, I'm there .9 from 1200 in the morning until 12:00 the following 10 morning. This too is true of Chief Lilly because I 11 know that he comes out. Ile helps his officers, and he 12 backs his officers. This, friends, is worth any amount 13 of money you're paying this Police Department. Now, in 14 answer to this gentleman right here, Mr. Davis, I believe, 15 saying he was backing the council in what they were 16 paying the Police Department, I don't think they're 17 paying them enough for what they're doing. I see every - 18 day what is happening in other cities. In Grapevine -- 19 Grapevine is situated in a place where you get all kinds 20 of thugs and all kinds of people running from either 21 Dallas or fort Worth, it's a good place to have it. 22 These people flush them out. And friends, it's worth 23 any amount of money for them to be flushed out. This 24 is my stand. Thank you very much. 25 MAYOR TATE: Do we have anyone else I 1 that would like to speak? That have changed their minds? 2 Would you please come forward? Have you been sworn? 3 SPEAKER: Pio. , 4 MAYOR TATE: I'll ask the City Secretary to 211 A 7 (Thereupon, the witness was sworn in by the City Secretary 8 after which time proceedings continued as follows, to -wit.) 9 10 11 MR. LAMt qty name is Conner Lam, and I am 12 a taxpayer in the City of Grapevine, reside at 421 Blue - 13 bonnet. I had not prepared to speak and therefore I had 14 not signed a card or registered, but after seeing the 15 ground rules that were laid out here, I feel that as a 16 taxpayer and as a citizen of the City of Grapevine, that 17 1 have a duty, and I feel a responsibility to object to 18 the manner in which this proceeding is being held. Now, 19 Mr. Lilly has the most to.lose by this hearing. The 20 rest of the department heads will go on here, apparently, 21 and the rest of you will go on here, but he may have to 22 be looking for another job. And he has been willing to 23 put everything that he has on the line here in public, 24 taken down by a Court Reporter, presumably to be avail - 25 able to future employers of his. And I believe that if T 1 he is willing to put everything of his on the line, then 2 you owe him the honor and the respect to allow his 3 attorney and Air. Lilly to ask specific questions and 4 get specific answers to these charges. Now, Mr. Florence 5 over here has just been sworn in and is apparently going 6 to be given the responsibility of making a decision as 7 to whether he either supports or rejects this dismissal. 8 And from what I have heard tonight, he doesn't have 21 enough information to make that decision if the decision 10 is to be based on all the evidence. Now, I think it 11 should be made clear for Mr. Lilly's future in this 12 world, as to what you're making your decision on. i 13 the decision is to be that his budget is too high, then 14 say so. And therefore, his future employers will know 15 what the basis of his dismissal was. If it's insubordi- 16 nation, then, the specific charges should cone out so 17 that he can adequately refute them and so that he can 18 be given an opportunity to hear what it is that has been. 19 said against him. Now, what I would not think would be mi be for -closed chambers laterwhen Ut is being debated, for Mro Florence to be filled in on 22 specific charges that might be relevant but to deny us, 23 the public, or to deny Mr. Dilly the opportunity to 24 hear that same discussion. And therefore, I would hope 25 that the City Attorney would in some way modify his M 1 ground rules to allow a somewhat due process in this V. 2 proceeding. If it's necessary to have another hearing, 3 then, I think we should have another hearing, a separate 4 hearing, in which Mr. Ezell, if he needs to substantiate 5 dates, can be allowed to do so. I don't think he should 6 necessarily be put on the spot if he was told today 7 what the ground rules would be and he came prepared 8 accordingly. But on the other hand, I don't think that 9 Mr, billy should be expected to operate under such 10 restricted rules. And I for one am proud of this city. 11 I think it has an exceptional crime protection record. 12 It may be that the budget is too high, and I don't like 13 to pay taxes any more than anybody else does. And it 14 may be that the budget should be reduced and still have 15 good protection, but let's set the record straight as 16 to what we're doing here. The man's life, future, 17 is at stake, and therefore, we should take every 18 precaution to see that this hearing is conducted in 19 a reasonable manner. And I think that not allowing his 20 attorney to cross-examine Mr. Ezell is a flagrant viola - 21 tion of all the rules of due process. I know this is 22 not a court of law. Hearsay is going to come in and 23 a whole lot of other types of nonadmissible evidence. 24 But I think that if we're going to have any semblance 25 of due process here, the man should be allowed to ask 7 1 specific questions of M. Ezell and not have to go ;. 2 through the payor or any other councilman. And I think 3 that Pyr. Ezell is man enough and is prepared enough 4 if given enough time, perhaps, to prepare his complete 5 case. But I would hope that we're not going to have 6 a period of three months or a year after this hearing 7 of everybody sitting around at coffee talking about, 8 Well, I wonder what the real charges were," or "I wonder 9 what this really was supposed to be about.* If we're 10 going to have a public hearing, and, you know, this 11 is a provision in the Charter, or at least you have all - decided to have it, then let's have a fair one or not Not have one at all. 14 MAYOR TATE: Do we have anyone else that 15 would like to speak? Everybody else that would like 16 to speak come on forward and take the oath, and then 27 we'll only have to do it one more time. W 19 (Thereupon, all remaining witnesses were sworn in by the City 20 Secretary after which time proceedings continued as 21 follows, to -wit.) m 23 MR. STEWARD: My name is nilly steward. I 24 don't know whether I'm employed or unemployed with the Ut city of Grapevine I 17 everybody and be honest, and I'm not here to stir nothing 18 else up, but I will say this. They say I follow in his 19 footsteps. I hope I can fit his boots some day. 20 MR. NEYSTEL: Well, as an ex -police officer, 21 1 I would say previously last week -- a few months ago, this investi- Lilly is the finest man I have ever 2 gation come up, and I was in part of it solely because He is 3 23 11msupposed to be a close friend of James, and he was met. I just want to correct one thing as far as an 24 4 police my Chief and still is my Chief as far as 'm concerned. 25 5 mentioned, 1 was told by certain people -- I don't know whether 6 I have a job or I don't have a job. I don't care any 7 more. I was also told not to show up at this meeting, 8 that it would be in ray bad taste to show up. I didn't 9 feel that they had grounds to fire me or the Chief or 10 Sergeant Neystel. Tomorrow morning or the next day, if 11 they want my badge, they can have it. I was told that 12 they felt like I was too close to this man, and I ame 13 When I was a kid from South Lake and roamed these streets 14 he was a policeman. I drank beer and I raised Cain, and 15 this man treated me right and got me started in law 16 enforcement. I learned three things from him: respect 17 everybody and be honest, and I'm not here to stir nothing 18 else up, but I will say this. They say I follow in his 19 footsteps. I hope I can fit his boots some day. 20 MR. NEYSTEL: Well, as an ex -police officer, 21 I would say Chief Lilly is the finest man I have ever 22 worked for. He is the finest police officer I have ever 23 met. I just want to correct one thing as far as an 24 over -sized police department, Mayor, the cities you 25 mentioned, you failed to mention that none of those I cities do have an airport or a lake to patrol which i 2 an added population which you didn't speak o and which c 3 takes a great deal more, and the reflection of the size 4 of the city has no bearing when that's put into concern. 5 Thank you. 6 ?15. KEY: My name is Deborah Key, and I have 7 some questions that I would like to ask the Council. 8 Mr. Ezell was told not to answer the questions asked 9 by Chief Lilly's attorney. Can Air. Ezell answer 10 questions asked by the citizens of Grapevine, or do 11 they not have that right, either, as citizens? 12 MAYOR TATE: Mr, City Attorney, I think that 13 probably what we ought to do at this point -- I think 14 everybody is tired. We ought to take a little break 15 and let me go into conference with you,and ®- 16 MS. KEYt You,mean I can't finish? Is i 17 fair to put me up here and then to cut me off like 18 this? 19 AN UNIDENTIFIED PERSONt Poll the Council. 20 Poll the Council. 21 MAYOR TATE: Ions trying to go in conference 22 with the City Attorney and with Mr. Lilly's attorney 23 to see if we can reach an agreement on the proceedings, 24 and that should be fair, and no one should object to 25 that. Is that acceptable to you? I 1 MR. BUTCHER: Yes, sir. 2 MAYOR TATE: Could someone bring us some 3 coffee or some cold drinks? 4 The Council stands adjourned for about ten 5 minutes while we talk. 6 7 (Thereupon, a recess was held after which time proceedings 8 continued as follows, to -wit.) 9 10 MAYOR TATEt Who was the speaker who was 11 up before? 12 MS, KEY: Mayor Tate, at this time I will 13 turn it over to whoever was next in line. 14 MAYOR TATE: Do we have anyone else that 15 would like to speak at this time? 16 MRo SHIRLEYt Yes, I was outside, I wasn't 17 in this room. My name is Bill Shirley, I live at 18 1358 Tipperary. I would like to address the council. 19 Standing outside the door and listening over the speaker, 20 frankly, I was embarrassed for this council and almost 21 ashamed because it sounded like a kangaroo court you're 22 operating here. It sounded terrible. If I had had that 23 on a record and played it back, there isn't any place 24 in the country where they wouldn't just flip over 25 backwards and die laughing at this proceeding. Now, I 1 would like to request douncil, since the Chief -- beg 2 your pardon, since the City Manager has listed, detailed, 3 some of his reasons for the firing, at least on those 4 reasons, I would think that Chief Lilly's counsel should 5 be able to inquire further into the matter from the 6 individual who made those statements, in this case, the 7 City Manager. I have known Chief Lilly only as a chief 8 and as a Sergeant. I had two occasions to meet him. 9 Once, there was a prowler at about 4.00 in the morning. 10 He wasn't working 8:00 to 5:00 at that time, Mr. Manager, 11 He happened. to have the night shift, and he and another 12 patrolman came out, and he handled this situation 13 perfectly. It turned out any vicious prowler was an 14 old boy who was in his scuffs and a floppy hat and U! Hawaiian 16 in the morning, I thought I'd wait until he tried to 17 crash in the house, and then it seemed to ane to be the 18 smartest thing to get the police out, and Lilly handled 19 it very well. And another time as chief. I had occasion 20 to track down an obscene phone caller who was calling 21 my wife. And it turned out to be a teenager in the 22 city, and I turned that information over to Chief Lilly, 23 and I thought he handled it beautifully. We were dealing 24 with a young fellow, and I just wanted to find out mainly 25 who it was that was making the obscene phone calls and 1 how much risk this might be because my job takes me in z 2 and out of town, I'm out of town probably half the 3 month. And in that regard, I think this is a very safe ;1 4 town, and it is made so by a very first-rate Police 5 Department. And I think Lilly's one of the smartest 6 policemen I have run into any place, and I think I 7 had two statements from different individuals who were 8 previously on the council to the effect that Chief Lilly 9 was a fine man; in fact, probably the best one that the 10city has ever had. I don't think I'm talking out of 11 turn in mentioning that, and the job of Chief of Police 12 is ninety-nine percent police officer, and it should be. 13 Some of the matters, some of the charges, talking about 14 the budget, as head of a department, it's his job to 15 run the department as efficiently and accomplish his 16 duties as to law enforcement as efficiently as he can. 17 Gentlemen, you're baiting the question when you're charg- 18 ing him with not being efficient. It is your duty and 19 your job to decide how the money is to be dispersed. 20 Now, this ®- almost all departments in any city and in 21 any governments state, local, and federal, operate on 22 the basis where different department heads will come in 23 and ask for a certain amount of money, but it's up to 24 the people who have charge of the budget to determine 25 how much money he's going to get and other people. I 1 just -- it baits a question. I know I fumbled a little 2 bit, 'm not used to addressing so many people. at' 3 it. Thank you, appreciate i. 4 MS. 11OLSOMBACKs Your Honor, I'm Alice 5 Holsombac , 2805 Mustang Drive. I've been here one year, 6 and when I came here, I had no idea what I was getting 7 into in this fair city. I'm manager of the Twin Oaks 8 Apartments, but I found it was no decent place for 9 any human being to live in. But thanks to this man -- 10 and tonight's the first time that I've ever seen him, 11 every time I called that man, he and his officers came 12 to my rescue. Now, I can walk out the door at night 13 and not be afraid because they have cleaned out the dope - 14 heads, hippies, or what have you. And I just want to 15 say that a police department like that is worthanybody's 16 city to have. That's all I have to say. 17 MR. PETRELIS : Mr. 'payor, my name is George 18 Petreli, and I am a Police Chief from an adjacent city. 19 And I had the unfortunate experience of going through 20 a similar incident last week. But I'm talking to you 21 just as a professional policeman now, as an individual 22 citizen, and certainly not representative of my city. 23 I'm not speaking for anyone but myself. I'm sitting here 24 I'm looking at Mr. and Mrs. Lilly, and I know the hell 25 that they're going through; the wrinkles that this man 1 has got in the last two weeks and the problems he has 2 had to faces the dignity that he's lost. A lot of this 3 is dignity that he will never be able to regain. 4 Gentlemen, I'm a professional policeman. I've been 5 professional police consultant. And right now, I'm 6 walking a fine line between preaching and meddling. I 7 have no business here, but I remember when I came to 8 my little town a few years ago. James Lilly was one 9 of the first people that took of his time, left his 10 office for whatever length of time to come over and 11 welcome me to the community. I'll never forget that, 12 folks. I'll never forget that, and I think that the 13 City of Grapevine spent a great deal of money in 25 14 contracting with the International Association of Chiefs 15 of Police to do a professional study as to what is 16 required of a police department. Now, if I remember 17 correctly, the study was done prior to the airport 18 being opened. And I'd like to just urge each of you 19 gentlemen to dig out'the copies of the study. I'd 20 like to urge each of you folks to try and obtain a copy 21 of the study, try to borrow a lending copy somewhere, 22 read what the professionals say so far as what is needed 23 in law enforcement and what is not needed in law enforce - 24 meat. And I guess above all, I'm going to just say that 25 there is only room for one police chief in a town. I 1 `here's only one police chief at a time, and it has to 2 1 be that way. Politics can't enter into law enforcement. Mt MR. BUTCHER: Mr. Mayor,, I don't believe at 4 this time that I'm encroaching on any of the citizens 5 that dant to speak, and I'll ask that if anyone does 6 want to speak, that they will take second fiddle for a 7 minute and let me present to you at this time, Chief 8 of Police of Grapevine, James Lilly, to make a statement 9 to you and submit himself to you for direct questions. 10 MR. LILLY: Thank you, Mr. Butcher. Mr. Mayor, 11 ladies and gentlemen of the council, I've been your 12 Chief of Police for nine years. I've worked real 13 closely with Mr. Floy Ezell. I've never been disrespect - 14 ful to you in any way, form, or fashion. You have never 15 given me any narrative, any written order, that I haven't 16 carried out to the fullest of my ability. I have no 17 bones andno ax to grind with you. The only reason 18 1 asked for money was not for myself, but for the 19 people of this community. It was not for me. 1 always 20 had the betterment of my community in mind. Therefore, 21 1 respectfully request to be reinstated as your Chief 22 of Police. And again, I've never been disrespectful to 23 this man, and I've carried out every order he has asked 24 me to do. And at this time I will turn it back over gal to my attorney, 1 MR. BUTCHER: Do any members of the council 2 wish to pose a question to Mr. Lilly at this time? 3 MR. FLORENCE: I have got one question. 4 Mr. Lilly, after -- a hypothetical question. In the 5 event you were reinstated would , you be able to work with 6 Mr. Ezell after this in light of what has gone on? 7 MR. LILLY: Would you repeat that, please? 8 MR, FLORENCE: Again, a hypothetical question: 9 in the event you were reinstated as Chief of Police, 10 would the things that have gone on since your dismissal, 11 would you be able to work under Mr. Ezell and recognize 12 the fact that he is your superior? 13 MR. LILLY: Mr. Florence, I can work with 14 anybody, and I have worked with Mr. Ezell nineY ears 15 and I can work with him nine more. 16 MR. BUTCHER: Is there any other questions, 17 Mr, Florence? 18 Mr. Mayor, we have had quite a to-do about 19 ground rules here tonight. We have had a meeting on 20 ground rules, we have reached some decisions, and for 21 the benefit of this council and this group of citizens 22 here, I can agree with you and the audience that no one 23 wants to see this town destroyed or this community re - 24 fleeted upon. You have additional elections coming up. 25 I, foremost, do not want to see and do not intend to see 1 reflection cast on Mr. Lilly without the battle being 2 waged. At this time, I will submit to you a set of 3 ground rules that I will abide by and that I will go alo 4 with. Number one, that this meeting be continued for 5 a period of thirty days to forty days depending on the 6 time element necessary. Number two, that I, joined by 7 r. Lilly, appoint two disinterested citizens of the 8 City of Grapevine and that the City Council appoint two 9 disinterested citizens of the City of Grapevine; that 10 those four disinterested citizens of Grapevine agree and 11 appoint a fifth person, as citizens of Grapevine, to 12 find the facts on the charges before this board as 13 lodged by Mr. Ezell; that that committee, upon completio; 14 of its investigation, will deliver to the City Attorney 15 a copy of that investigation; that they deliver me a 16 copy of that investigation so that I may have ample 17 opportunity to study it and file the proper answers and 18 questions to the charges that have been lodged here; tha 19 this committee in an open public hearing, rake their 20 direct report to the City Council on confirmation or 21 otherwise concerning these charges;, and that I be given 22 the right to continue my interrogation in open public 23 meetings so that we can at one time come to the end of 24 e line concerning Mr. Lilly and this particular charge 25 or charges. During this interim time, I would suggest R 18 MR. BOYLE: Council could always reopen it, 19 or at any tine, even after closing it, could ask questions 20 of Mr. Butcher or anybody else in the audience relative 21 to that matter. it couldn't be -- closing the hearing 22 wouldn't be a limitation on the council having'a: dis- 23 cussion with any of the parties in the audience relative 24 to the .proposal. 25 11 MR, BUTCHER: Mr, Mayor, I propose -- I don't 1 that James Lilly remain as the Chief of Police of Grape - 2 vine and that he be on vacation during this investigation 3 so that it will not be hindered, so that it will not 4 be tampered with, and so that he will get a fair and 5 impartial coiTinitment from five citizens of this city and 6 that this chamber, this council, can be entitled to an 7 impartial rendition of the facts on these charges. Those 8 are my propositions and proposals for the ground rules 9 for carrying this hearing further. 10 MAYOR TATE: Mr. City Attorney, at what point 11 in time does the public hearing need to be closed? 12 IMR, BOYLE: At such time as everyone has made 13 their statement and council makes the decision to close 14 the public hearing. 15 MAYOR TATE: Should that be done before they 16 consider the proposal by Mr. Butcher or any other proposal 17 or discussions that we may have? 18 MR. BOYLE: Council could always reopen it, 19 or at any tine, even after closing it, could ask questions 20 of Mr. Butcher or anybody else in the audience relative 21 to that matter. it couldn't be -- closing the hearing 22 wouldn't be a limitation on the council having'a: dis- 23 cussion with any of the parties in the audience relative 24 to the .proposal. 25 11 MR, BUTCHER: Mr, Mayor, I propose -- I don't T 1 intend to cut off anybody, but I propose that the 2 council accept my proposition, and I propose that this 3 council,, ,after these folks, whoever may want to be heard 4 be heard, that this meeting be closed but continued under 5 my proposal to the council. 6 MAYOR TATE: Thank you, Mr. Butcher, 7 MR, DUNN: Mr. City Attorney, at what point 8 would we, if we had any questions we would like to ask 911 Mr. Butcher with regard to this proposal for clarifica- tion . be able to 11 i1 do this? 12 FSR, BOYLE: You can do it right,now or anytime 13 MR, DUNN: Mr. Butcher, this report from the 14 committee that you're proposing, do you propose that 15 prior to submitting the report to the council, that it 16 be given in writing or a report be made to Mr. Lilly? 17 MR. BUTCHER: I propose that the report be 18 given to the City Attorney and a report given to me. 19 MR. DUNNs Okay. 20 MR. BUTCHER: And I have no objections to 21 the complete written report being given to the council 22 prior to the meeting because I will have a copy. 2 23 will have an opportunity to answer anything that the 24 committee comes up with, and the meeting will then be 25 open, and this report will be read so that this group 1 of citizens will know what this committee has said. 2 MR. DUNN: Okay. I believe your statement 3 said that this committee would make a direct report on 4 confirmation or nonconfirmation. 5 MR. BUTCHER: Concerning confirmation or -non - 6 confirmation of the dismissal. 7 MR. DUNN: So would this be, in effect, a 8 recommendation, or would this be -- and I'm not trying 9 to get involved in semantics, I just want to know 10 exactly what we're talking about. 11 MR. BUTCHER: My recommendation is brought up 12 for the purpose of doing two things: apprising James 13 Lilly, primarily, of the charges against him, and 14 substantiating any of those charges that may be sub - 15 stantiated or reporting to this council that they can 16 not substantiate them or that they can. Now, this 17 report should be complete. It should be full, and it 18 should give the council their facts upon which to act. 19 It will be, in qty opinion, a complete, impartial, unbiase , 20 report prepared by five citizens. I suggest, and if I 21 go along with these ground rules, would insist, that I 22 appoint two of them with the help of Mr. Lilly. He's 23 the man that's answering the charges. 24 MR. DUNN: Yes, I'm not debating any of that. 25 I'M just trying to get clarification. 1 R. BUTCHERt I just sure don't want any more 2 misunderstanding, Mr. Dunn. 3 MR DUNN•® That s what Ir m trying to get at, ,I 4 and I think you have explained it adequately. Thank you. 5 MR, OLIVER: One question, please, ter. Butcher, 6 MR. BUTCHER: Yes. 7 MR, OLIVER: In this committee, if we do 8 decide to go along with this, would this scope be 9 limited only to those charges, as you call them, that 10 were alleged tonight? 11 MR. BUTCHER: I would hope that they would 12 be a complete investigation of the charges. Now, if 13 Mr. Ezell has more charges -- 14 MR. OLIVER: trell now, wait a minute, I'm 15 saying if it's going to be an investigation, it should 16 be a thorough one. And I'm saying if anything else 17 comes up, it should also be brought out. 18 MR. BUTCHER: I'll go along with that. I'll 19 sure agree with that. Just hold an open investigation 20 on James Lilly, and wherever the ball bounces, we'll 21 sing the tune whether it's a manager or assistant or 22 a councilman or -- 23 NR. OLIVER: I wasn't talking about anybody. 24 MR. BUTCHER: I wasn't, either. 25 MR. OLIVER: hell, yes, you were. M 1 MR. BUTCHER: No -- 2 MR. OLIVER: I think you were. 3 MR, BUTCHER: If you're going to have a 4 complete investigation, and there is a charge of in - 5 subordination -- and I'm just using this, Por. Ezell, 6 I'm not being reflective. If there is a charge of 7 insubordination, then, I think the reasons for such 8 insubordination, if there be any, be included, and that 9 would affect other people. 10 MR. OLIVER: Yeah, I can understand that, but 11 I'm just saying if anything else is found other than 12 the charges, I think it should also be included in that. 13 MR. BUTCHER: Well, I think you're entitled 14 to know it. I just want to have -- 15 MR. OLIVER: Yes, I'm saying that everything 16 that has been found out should be reported. 17 MR. BUTCHER: Roll the ball.. no objection to 18 that. 19 MR. FLORENCE: I've got a question. You 20 weren't real clear on this point. You mentioned that 21 you would expect the right, of course, to be able to 22 ask questions, et cetera, Are you talking about being 23 present at this hearing that this investigative committee 24 might call and taking part in that as far as asking Al 25 questions, or are you talking about upon submission of 1 the final report to the council, in effect, conducting 1 2 another investigation at that time? 3 MR. BUTCHER: Primarily, Mr. Florence, I had 4 intended to work with fir. Boyle on the format of the 5 investigation and if they held open meetings or hearings, 6 I certainly would want to attend, and I think Mr. Boyle 7 would because the city is at stake as much as James 811 Lilly. 911 MR. rLORENCE: Well, I ,was just trying to oil clearthe point whether 11 II MR. BUTC11rR: Mr. Moore or myself will attend. 12 Gary Moore, out of my office, is here, and I failed to 13 introduce him, but one of us would attend. 14 MR, OLIVER: If it's a public meeting of 15 this committee, on your committee investigation, is it 16 going to bet the committee going to be allowed to 17 investigate privately, or are you going to be attending 18 every committee meeting that is being held? 1911 MR, BUTCHER: No, sir, Mr. Oliver, there's =I one thing I don't all down here to talk to Jobn JonesSusie, all - have a heating and -they call Mr. Ezell to clarify 23 his statements, then I will probably find time to be 24 there. But for their down--the-street investigation, 25 1 won't. But at their open hearings where they will call 1 him to make statements -- now, if they go by and talk 2 to him and want some records, I'm not going. But when 3 they have a hearing concerning himp then I expect to be ere. 5 MR. OLIVER: Even if they want it to be a 6 private hearing? 7 MR. BUTCHER: well, you're getting into 8 part of the ground rules that I haven't proposed at this 9 time. 10 MR. OLIVER: well, I'm interested in those 11 ground les. 12 MR. BUTCHER: I want you to be interested in 13 them because I don't want any misunderstandings. If 14 they have a public hearing on this, I want to be there 15 beside Mr. Boyle. 16 MR. OLIVER: Who will decide -- 17 MR. BUTCHER: Well, I think the committee -- 18 we're going to appoint five disinterested -- and if they 19 hold a hearing, I want to be there. 20 MR. OLIVER: Well, I just wanted to -- that 21 answers my question. 22 MR. BUTCHER: And if they want to go pick up 23 all of the information and compile it, no, I don't -- 24 MR, OLIVER: I'm just saying if they want to 25 talk to Air. Ezell themselves without anyone else there, 7 1 they will have the right to do so. 2 MR, BUTCHER: Yes, sir, I wouldn't have any 3 objection because I'm going to have that right, too, somewhere down the line. 5 MR. OLIVER: All right. 6 MR, BOYIFs Mr., Oliver, I might add in 7 relation to that, what's been discussed, what's been 8 generally agreed on, is that Mr. Butcher and I would 9 meet and we would discuss an agreeable set of ground 10 rules representative to the committee. I think that 11 will be generally agreeable to the council and to 12 Mr. Lilly and to Mr. Butcher, That's what is being 13 contemplated. 14 FAR. BUTCHER: Anyone else have a question? 15 Mr. Mayor, you have my proposal. 16 MAYOR TATE: Motion is in order, please. 17 MR. OLIVER: I move we close the public 18 hearing. 19 MR. DUNK: Second the motion. 20 MAYOR TATE: Any discussion? All in favor? 21 All opposed? Thank you.. Motion prevails, the public 22 hearing is now closed. 23 MR. BUTCHER: Thank you. Mr. Mayor, I would 24 like the privilege of saying a word to these folks who 25 have gathered here tonight. 1 Ladies and gentlemen, the first thing I want to do i 2 to commend you for being interested in your civic affairs, 3 your civic duty, coming before this council. of course, 4 I appreciate your supporting of Chief Lilly. I want to 5 tell you one thing, and I want you to understand. We 6 were not on agreement with ground rules when we began 7 this meeting. We are laying the ground rules that will 8 assure you, as citizens of Grapevine, that justice is 9 going to be done in the final hearing before this 10 body. 11 MAYOR TATEt Discussion is now in order. 12 AN UNIDENTIFIED SPEAKER: I forgot something, 13 MR, BUTCHER: It's too late, we're closed. ®1 MAYOR TATE: The public hearing is closed. 15 I think eno gh's been said, and I think we're all -- 16 1123 UNIDENTIFIED SPEAKER: This is about 17 another personnel matter within the city. 18 14AYOR TATE: Well, that's not within the 19 scope, Let's get this one taken care of at this time. 20 If you have another matter, we'll request that it be 21 set on another council for another date, and we'll hear 22 you at that time, Wil Discussion is noworder. 24 PAIR. OLIVERt Mr, Mayor, I'd like to say a few 25 things. First of all, Mr. Shirley made a statement that 1 he }rind of felt that we were sitting up here in judgment 2 as a kangaroo court. I don't remember hardly any of the 3 Council members making any statements,That's m 4 opinion, and he has his. I also feel that Mr. Ezell 5 was clone a great injustice tonight. He is not the 6 man we're discussing) we ended up discussing him. That 7 was wrong. I can go along with the recommendation of 8 the attorney on this committee, and I think it would 9 be in the best interest possibly of the citizens of al Grapevine to if :.. But there are two things 11 government, two basic elements, that exist. One is 12 authority, and one is power. Pio government at all is 13 possible, not even the most tentative, unless men obey 14 directions and regulations. One roan may obey another 15 either voluntarily or involuntarilyl either because he 16 recognizes the rights vested in the power of the man W' that givesi ' orders because fearsthe 18 consequences which he may suffer if he disobeys. These 19 two modes of obedience correspond to the authority 20 and power of government. Authority elicits voluntary 21 complia.ncel power coerces it, or by threatening coercion, 22 implies involuntary obedience. Either one of these 23 can exist, either one by itself or together. But when 24 right is lacking, government is illegitimate, and it's 25 ineffective. And I think we need to be effective. And 97 1 we're trying to do what's right up here whether you think Y 2 so or not. I've known a lot of you people out here for 3 a long time, and I'm real disappointed in you. I wish 4 you were as concerned over some other matters of the 5 city as you were over this. We need your help there, 6 too. Thank you, Mr. Mayor, 7 MAYOR TATE: Other discussions? 8 MR. DUNN: Mr. Mayor, I would like to make 9 a statement also at this time, and I'm not going to 10 get involved in any quibbling over any of the things 11 that were said tonight. I would simply like to say to 1211 the people who are gathered here that the City Council H! does ., the work that is being done in th--t 14 different departments. We do appreciate the interest 15 of the citizens. I don't know that there is any one 16 of them up here who's up here for any personal gain or 17 for any personal power, It's good, and we enjoy, I think 18 at times, the recognition, but matters like this makes 19 it seem very insignificant. And I think what this boils 2011 down to is the intention of the Council in having this Bill public hearing tonight, I cannot speak for the council 22 and don't propose to speak for the council, but I do 23 speak for myself. And I'm not being facetious when I 24 say that I don't understand some of the terminology that 25 was used here tonight. I don't understand what a kangar 1 court is. I insisted when there was some discussion 2 about this meeting, that I felt like the citizens of 3 Grapevine should be heard. I wanted to hear what they 4 had to say. I wanted to hear what Mr. Lilly had to say. 5 And if he had any comments or his representative, I was 6 not up here to make any attempt to prejudge him or any 7 of the facts. And I take it somewhat personally that 8 the charges have been made toward Tne that this is what 9 happened. we are not saying, I'm not saying, I don't 10 think anybody is saying here tonight that there is not -- 11 there are no good things happening in the Police 12 Department, Please bear in mind that we're not 13 completely oblivious to what is going on in the community 14 of Grapevine. I take exception to some of the snide 15 remarks that were made concerning the city. You know, 16 this really is not fair. You talk about being fair 17 to Mr, Lilly, now, I think that's fine. But I think 18 you ought to be fair with the council also. Now, I'm 19 not opposed to this idea of a citizen committee, and 20 none of my remarks and none of my questions were intended 21 to try to cloud the issue. As I indicated to Mr. Butcher 22 I simply wanted a clarification that in working out the 23 procedures, there still needs to be some further clari£i- 24 cation. It personally, don't anticipate any problems 25 that can't be worked out. I would be more than happy to 1 hear the recommendations of the report of this committee 2 and take it under consideration. But I want you people 3 to know who are here tonight that the time that I have 4 taken the past few days talking with people, not only 5 about the election, but about this matter, was done 6 because I atm interested in the City of Grapevine. And 7 I really do take it personally that you say I'm not 8 acting that way up here as a councilman. 9 MAYOR TATE: Any further statements? 10 MR. DALTON: I think at this time -- I don't 11 think anything can be accomplished by continuing this thi 12 and making personal statements. I've been around a long 13 time, and I have personal feelings in this thing. I 14 take great pride in serving the city that I have lived 15 in for some thirty-three years. I do from time to time 16 take a very firm stand, and I will continue to do that. 17 I will do what I think is absolutely right, and I will 18 always serve with dignity and honesty. And if that 19 doesn't suit or serve the people that elected me, then, 20 I will wish to serve no more. 21 TATE: I Would like to say that I have 22 no desire to abridge the personal rights of any individual 23 certainly not a police officer. I have nothing personal 24 against Chief Lilly, and I hope he has nothing personal 25 against me. I, too, resent some of the statements that I ft Nil have been -: street,some things that are r_ 2 being said about me. I understand the people don't know 3 all the facts; fir. Lilly apparently didn't know all the facts, and I can appreciate his desire to know all o 5 the reasons. And I can appreciate the fact that under 6 these circumstances, all the reasons cannot be properly 7 discussed in this type of form and under the procedures 8 that we tried to set out. And for that reason, I can 9 go along with the proposal because I have -- I think that 10 I have the right to be fully informed. I think the 11 investigation that the committee made was not complete. 12 It found significant things that as a public official, 13 11 concern me., and I think that I should react with them, 01 1 think that I should be concerned with them, but I think further investigation is in order, and I have no 1331 objections to it, If I had known at the time that we 17 started the investigation, that we had as many allega- 18 tions as we had during that investigation and that this 19 would have been the consequence, perhaps we would have 20 considered a citizens' committee or citizens' participa- 21 tion at that time. I think the people have a right to 22 know and everybody should have an opportunity to discuss 23 this thing, and I too, would be proud to hear the 24 recommendations of a citizens committee, but I would like 25 to think that I c -- if there is wrong, that I can I right it. If there is inefficiency, that I can make it 2 efficient; that I can demand to serve my office for the 3 purp<_­:tee for which I campaigned and was elected, and that 4 was t -o try to keep the efficiency, to try to keep the 5 taxes as low as possible in this community, and to pro - 6 vide all kinds of city services to all citizens; not j,, -.s 7 they�Dung, not just the old; not just the rich, not just 8 the I have the best interests of this community in 9 mind, and I'm doing my best to serve the community. And I 10 think I have done a lot of things good for this com- 11 m-unitY. And I don't appreciate the statements that are 12 made. It would be very easy for me to come to my own 13 defense and say some things, but I haven't. I'm not 14 trying to claim Political gain or affect the election or 15 do anything to hurt anyone, and I hope that most of the 16 people realize that I haven't made any statements in the 17 press. I haven't done anything to try to publicly harm 18 Mr. Lilly. Perhaps part of this could have been avoided 19 tonight if we had known who his attorney was, and the 20 attorneys could have worked together and set out the 21 procedures. Unfortunately, that was not done, and I -- 22 but I hope we've come a long way$ and we're probably at 23 the greatest -- at the threshold of the greatest era this 24 city will ever face. It's been a long time in coming; 25 wevve had a lot of disappointments 1 we've suffered throu I 1 problems in the past, but nothing is worth tearing this 2 town apart. And there is no question in ray mind what 3 would be the ultimate outcome if all the issues that are 24 by 4 being discussed in the scope of this proceeding were 5 actually aired. But I'm not for sure that that would 6 be_in the best interest of the community. There is 7 a lot of people here tonight, and I'm disappointed that 8 not more of them came forward and expressed their 9 opinion, but I can understand, There's a lot of 10 confusion, people do not understand what's going; on, 11 and I'm in agreement to try to correct that. And I 12 hope Mr. Lilly appreciates that, and hope his attorney 13 appreciates that, and I hope the people in this 24 community appreciate the fact that I'm not trying to 15 hide anything, and I'm willing to listen to this type 16 of report. I think it should be more inclusive than 17 the investigation that's already been made. 18 Any other statements? If not, a motion is M11 20 MR. OLIVER: Mr, Mayor, I make a motion that 21 we accept Mr. Lilly's counsel, Mr. Butcher's compromise 22 and call for a committee, a citizens committee, two to 23 be appointed by Mr. Lilly himself and two to be appointed 24 by this Council and one to be appointed by the four al members of that committee, to investigate the allegations a MR. DUNN: I second the motion. MAYOR FATE: Further discussion? MR. FLORENCE: Mr. Mayor, being a new member, I'm not very familiar with your procedures here, but should that notion include that the City Attorney and Mr. Lilly's attorney are to wok out something in little more detail and -- MR. BOYLE: Yes, that is correct. MAYOR TATE: Do I need to amend my motion? MR. BOYLE: Yes, right. MAYOR TATE: Mr. Dunn, you seconded the motion and amendment? MR. DUNK: Yes, MAYOR TATE: We have a motion and amendment that's been seconded. Any further discussion? All in favor of the motion? All opposed? Motion carries. - meeting CouncilCity . i ' •and adjourned o'clock• f I 2 3 4 5 6 7 8 9 10 11 THE STATE OF TEXAS } COUNTY OF TARRAUT This is to certify that I, Lynnell E. Brooks, Certified Court Reporter and Notary Public in and for Tarrant County, Texas, reported in shorthand the proceedings had at the time and place set forth in the caption hereof, and that the above and foregoing 103 pages contain a full, true, and correct transcript of said proceedings. GIVEN UNDER MY HAND AND SEAL OF OFFICr on this day of April, A.D., 1976. Brooks,Lynnell E, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE STATE OF TEXAS } COUNTY OF TARRAUT This is to certify that I, Lynnell E. Brooks, Certified Court Reporter and Notary Public in and for Tarrant County, Texas, reported in shorthand the proceedings had at the time and place set forth in the caption hereof, and that the above and foregoing 103 pages contain a full, true, and correct transcript of said proceedings. GIVEN UNDER MY HAND AND SEAL OF OFFICr on this day of April, A.D., 1976. Brooks,Lynnell E,