The Allen City Commission quietly fired its police chief weeks ago without disclosing it to the public, the Chronicle learned this week.
The action came during a closed session at a special meeting last month after which City Attorney Beth Shortridge said no action had been taken.
On May 1, Shortridge confirmed the commission voted to fire Allen Police Chief Clyde Woods during closed session, with commissioners Josh Kinzer and Dr. Eilene Kinzer voting for it, Elmer Parsons voting against it and Mayor Sharon Woods and Commissioner Clyde Woods abstaining because they are related to the police chief. Commissioner Clyde Woods is the chief’s father and Mayor Woods is his aunt.
Shortridge said the vote was taken in closed session — which is not permitted by open meetings laws — because they didn’t want Chief Woods to find out about his termination by reading it in the newspaper. The special meeting occurred on Monday, April 10, and the newspaper publishes every Thursday.
“We couldn’t tell you because we hadn’t had no way to inform him yet,” Shortridge said, when asked why the city took action in closed session. “We hadn’t had a chance to tell him. We didn’t want the paper to get out before we could tell him. So, technically, we should have come back in session and voted him out, but that didn’t happen because we were afraid that he would find out through the paper and not through us.”
She took responsibility for the alleged open meetings violation, saying she learned afterwards that the commission should have voted in public.
Mayor Woods said, “No, there ain’t no blame. You put it all on me. Blame it on me. I’ve got big shoulders.”
Shortridge spoke with the newspaper about the issue in City Hall as she was gathering her paperwork following a May 1 meeting. Shortly after making the statement about placing “blame,” Mayor Woods turned off the lights to the facility, leaving people who were there standing in the dark.
Commissioner Josh Kinzer confirmed he made the motion to fire the former chief, but would not comment publicly about it.
Responding to an open records request, Shortridge provided a copy of the April 11 letter given to the former chief, which cites “unsatisfactory job performance” as the reason for the termination.
In the letter, Mayor Woods writes, “The purpose of this letter is to notify you of the Allen City Commission’s decision to terminate your employment, effective immediately based on unsatisfactory job performance. Like all non-elected officers of the City of Allen, you are employed on an at-will basis. The Commission held a special meeting on April 10, 2017 and went into executive session to discuss your employment with the City. During this meeting, the Commission voted to terminate your employment. Please turn in all Allen City Police Department equipment including but not limited to uniform, service belt, vehicle, and gas credit card by Friday, April 14, 2017 at 2:00 pm.”
The Floyd County Chronicle has filed an open meetings complaint with the city, requesting that at a future meeting that is open to the public, the commission acknowledge the violation, provide a complete explanation of what happened in closed session and provide assurance that the commission will not vote in closed session at any future meeting.
The city has been operating without a police officer since Chief Clyde Woods, the city’s only officer, was fired. Shortridge said the Floyd County Sheriff’s Department and the Kentucky State Police have been providing law enforcement services.
The commission discussed hiring a new police chief on May 1, with Mayor Woods reporting she has talked to several people about it and will advertise the job opening.
“It’s hard to do what you guys are talking about without any money,” Parsons said.
“That’s right,” Mayor Woods said.
Eilene Kinzer said funding may be available for a police chief, and Mayor Woods seemed to suggest there may be issues with Chief Woods’ termination.
“Well, there’s going to be more occur,” Mayor Woods said. “And we’ve got a copy of the, (City Clerk) Krystal (Spurlock) was supposed to make me a copy so I could hand it out, the city’s floor plan, as to the process of just releasing somebody from service, and she didn’t.”
Josh Kinzer said the state has a program that would help fund the cost of 24-hour police protection in Allen, but the department must be compliant in order to qualify.
They discussed hiring an officer who could work to obtain certification while employed with the city. They also mentioned that the City of Wayland offered to provide police protection in Allen. Eilene Kinzer asked about the City of Martin’s law enforcement abilities and Mayor Woods said she could talk to the mayor about it.
The discussion prompted Parsons to suggest annexing businesses in New Allen. The city annexed Rt. 1428 in New Allen years ago, but officials previously reported that residents and businesses were not included in the annexation, just the state-maintained roadway.
“What we really need to do is try to get some businesses over in there (New Allen) in with us over here where we can get some … where we can afford to hire two police officers. Somebody needs to be over there,” Parsons said.
Mayor Woods said New Allen businesses would have to petition the city to be part of it.
“We can’t operate a police department on grant money,” Parsons said.
“It’s not grant money,” Josh Kinzer said. “It’s state, it’s state funding that goes to every single, every single law enforcement as long as it meets certain standards, but it’s got to be in compliance.”
“State money will run out, guys, after a while,” Parsons said.
Mayor Woods said city officials will have to investigate funding opportunities.
“How long have we got to get a policeman or dis-incorporate?” Parsons asked. “I’d check in on that, because the city may be out of business.”
“I don’t think so,” Shortridge told him.
Josh Kinzer asked for clarification about the “floor plan” Mayor Woods mentioned. Mayor Woods and Shortridge said it was the employee handbook or contract which details steps that must be taken to fire an employee.
“I’m just curious as to why that wasn’t brought into the special meeting,” Josh Kinzer said.
“I did try. I did try,” Mayor Woods said. “Did I not?”
“Yes, you did,” Commissioner Woods said.
No action was taken on the matter.
During the meeting, Shortridge handed out forms to commission members, asking them to sign them to acknowledge they understand open records and open meetings laws.
After the meeting, Shortridge said she is still waiting for guidance from the Kentucky Attorney General about a potential conflict of interest with another city employee, Parsons, who works for the city maintenance via contract and was voted to head that department as part of his duties on the commission last year.
The appointment of new department heads — required to be done at the first meeting of every year — has been postponed several times in Allen. It was discussed, again, on May 1, but tabled, as Mayor Woods said she wanted more time.
“We will get to that because I can’t honestly, right now at this point, pick out department heads right now,” Mayor Woods said. “But if you all want to do it, we can do it.”
Last year, the commission also appointed Commissioner Woods as public safety head alongside former Commissioner Tina Hall, placing Commissioner Woods in a supervisory position over his son. When questions about nepotism were raised this year, it was reported that Parsons is overseeing the public safety and Commissioner Woods was heading maintenance — although no vote was taken to place the commissioners in those roles.
Parsons previously said in a meeting that he did not want to supervise the police chief because he answered to the mayor, but Mayor Woods said she did not supervise him. This week, Parsons said he was head of the department.
“I think the way it was is fine the way it was. Clyde (Commissioner Woods) was over maintenance and I was over the police department,” he said.
“Yeah, you can’t be over maintenance,” Shortridge told Parsons.
The former chief also addressed the commission about the department heads issue at a recent meeting, saying that, as chief, he was the department supervisor and he and the mayor were the only two law enforcement officials in Allen, according to law.
Former Commissioner Jessica Woods Crumpler, who did not seek re-election, was appointed to head the general services department last year. No city official has been heading that department since new commissioner terms began in January.
The termination of Chief Woods’ employment comes a month after the commission approved an ethics ordinance that prevents city officials and employees from advocating, recommending or causing the employment, appointment, promotion, transfer or advancement of a family member.
That limitation was outlined in the city’s previous ordinance, which was filed with the Kentucky Department for Local Government in the 1990s.
The former chief did not return a call seeking comment.
Records on file on the Floyd County Judicial Center show that he has no pending cases. He issued 13 traffic citations this year and more than 30 traffic citations in 2016, the records show, and all of them have been closed.
By Mary Meadows
Floyd County Chronicle
