Homer Police Chief speaks out
Judge issues temporary restraining order
against town
MICHELLE BATES, Editor
Following
last week’s meeting in which the Homer Town Council passed a motion to abolish
the Homer Police Department, Police Chief Russell Mills is speaking out.
On
Monday, February 11, the Homer Town Council met in a special called meeting in
which the police department was abolished and term limits for the mayor and
council members were done away with.
In the
Haynesville News, it was reported the council passed a motion to “disband the
Homer Police Department and revert Mr. Mills’ title to the duly elected
position of Town Marshal as posted by the Louisiana Secretary of State’s
Election results of October 2, 2010.”
In that
report, District 4 Councilwoman Carlette Sanford referred to the town’s special
legislative charger, Part 1, Section 16, No. 9, which states, “To make all
needful police regulations necessary for the preservation of good order and the
peace of the municipality and to prevent injury to, destruction of or
interference with public or private property.”
In
effect, the motion passed decreased Mills’ salary to just $400 per month, which
is the marshal’s pay, but No. 9 has nothing to do with the marshal’s pay.
Mills’ compensation protections fall under state law, which governs if the
charter is silent.
Section
15, No. 1, states, “There shall be one (1) marshal for the Town of Homer, who
shall be chief of police. The marshal shall be elected by the qualified voters
of said corporation to serve a term of four (4) years.”
In the
general provisions of the charter, the word “shall” means “mandatory.”
Pam
Breedlove, attorney for Mills and the Homer Police Department, says the council
can’t cut Mills’ salary.
“State
law says they can’t reduce his salary because the charter says the marshal is
the chief of police,” she said.
“I had
to hire an attorney to protect myself, my officers and my position as chief of
police,” Mills said in a telephone interview. “According to the motion, it read
to revert the chief of police back to a marshal’s position. The town opted in
2010 to start paying a marshal’s salary of $400. The charter is clear that the
marshal and the chief are one in the same.
“Since
I was elected by the people, I’m under the belief that as an elected official,
my salary is protected by statute,” he continued. “If what they’ve done has
violated me and my officers, then I will fight for me and my officers. If we’ve
been wronged, it is my responsibility to protect us.”
In
fact, Town Attorney Marcus Patillo, on his own letterhead, sent letters to all
the “officers” stating their services would no longer be needed after March 1.
It
states, “Dear Officers: Please allow this letter to serve as notice that your
service for the Town of Homer will no longer be required as of March 1, 2013.
This course of action is necessary given the unwillingness of your former chief
to comply with the terms of the budget for the Town of Homer with regard to
managing the police department.”
Breedlove
fired back, saying the town attorney and the mayor do not have the authority to
“fire” a police officer, nor do they have the authority to abolish the police
department.
“Chief
Mills requests that a Special Meeting of the Board of Aldermen be called so
that you may voluntarily withdraw the improper motion and vote to terminate the
Homer Police Department Officers and the letters signed by the City Attorney
purporting to terminate ‘officers’ as this was beyond the authority of the
Aldermen,” she says in a letter addressed to Mayor Alecia Smith.
She
goes on to say that the charter does not provide the aldermen or the mayor the
authority to hire or fire police officers and the “Town Attorney certainly does
not have hire and fire authority over any employee of the Town.”
She
cited the Lawrason Act, which governs a municipality if their charter is silent
on an issue, and it is clear in La. R.S. 33:841, that only the chief shall make
“recommendations to the mayor and board of aldermen for appointment of police
personnel, for the promotion of officers, to effect disciplinary action, and
for dismissal of police personnel.”
In her
letter to the mayor, Breedlove said Mills had not made any recommendations with
regards to his police officers.
“The
Aldermen and Town Attorney’s actions are placing the Town at risk for
unemployment benefits and other suits by these officers,” she said.
She
goes on to say through the charter Mills remains the chief of police and they
cannot cut his pay during his elected term.
“Chief
Mills is legitimately concerned that the Town may believe it has some right to
alter Chief Mills’ salary by changing his title. However, the Louisiana State
Constitution is very clear on this point,” she said.
She
cited the Louisiana Constitution Article X, Section 23, which states, “The
compensation of an elected public official shall not be reduced during the term
for which he is elected.”
In a
press release by the mayor, she cited budgetary issues, concerns of leadership
and numerous pending lawsuits as reasons for the decision made by the council.
According
to an earlier edition of The Guardian-Journal, Smith said nearly $40,000 was
spent in 2012 in overtime. And according to a chart published in the
Haynesville News, in 2008, the police department spent $17,794.32 in overtime,
in 2009, $33,162.16 was spent in overtime, in 2010, $42,239.17 was spent in
overtime, in 2011, $34,108.52 was spent in overtime and in 2012, $39,160.11 was
spent in overtime.
The
issue, Mills said, comes in the number of hours these officers work. Police
officers work 24 hours a day, seven days a week, which equates to about 8,000
hours per year, versus roughly 2,000 hours worked for five days a week, at
eight hours per day.
“The
Homer Police Department does not have the luxury of opening at eight and
closing at five, shutting the door on Friday and coming back on Monday,” Mills
said. “With that said, the number of men policing the town, versus the number
of town employees is slightly half, but the hours worked are four times
greater.”
Officers
work 12 hour shifts, with two officers on each shift. The police department
also employs a secretary/dispatcher, who does work an eight hour shift, five
days per week. Then there’s the chief.
And
most of the police department’s budget each year goes to healthcare and
retirement. For each officer, the town pays 33.5 percent in retirement which
equals $56,329.12 for all officers. Healthcare for officers in 2012 was
$59,468.16.
“When
you cut all of that out -- overtime, healthcare, retirement -- take home pay
was $278,940. All that adds up to $431,221.25 for 10 employees,” Mills said. “That’s an average of $43,122.13 per officer.
This does not include fuel for the cars, wear and tear, uniforms, Medicare and
other things that are needed to run a department.”
According
to the numbers, he said, there’s only an approximate $5,000 difference between
what’s paid for the officers and what’s paid for the town’s employees. When you
subtract what was spent for the police department ($430,221.25) from what the
town paid for town employees ($436,123.28), the difference is $5,902.03.
“In
respect to those figures, the police department does run into overtime issues,”
Mills said. “Once again, if a town worker is on vacation, or sick leave, the
office struggles minus one employee. In regards to the police department, if an
officer is off our out sick, I have to pull an officer from another shift to
cover that shift.
“Officers
are given vacation,” he continued. “They are required to use it when approved,
and I am inclined to give it if possible and do. However, I can’t just not
cover the town. With that said, we do have overruns and overtime. When a
serious crime occurs, sometimes it’s needed for more (officers) to come. That’s
what we do.”
He said
he didn’t want the office of public works to suffer without another employee,
but as the “chief administrator for this police department, I am 100 percent in
favor of public safety.
“This
issue of money and budgetary issues being a reason for disbanding the police
department really doesn’t sit well with me,” he
continued, “for the simple fact the budget was just accepted by the mayor who
presented it to the council, who accepted it at the end of December.”
And as
far as the budget, he said he only met with the mayor one time where she told
him that his overtime for 2012 was higher than it should be.
“I
explained to the mayor in my defense, I worked the whole year one officer
short,” he said. “I have had an open slot that has not been
filled for the whole year. Had an officer been in that place, drawing benefits
with his salary, it would have been considerably more than the $35,483.96 in
overtime. Our healthcare and our retirement have really interfered with my
budget. Those are issues that I have no control over.”
In an
earlier edition of The Guardian-Journal, the mayor said the police department
had exceeded its budget for the last two years, mostly in overtime payment to
the officers. However, the town’s audit report shows in 2011, it did not.
According to the management’s discussion and analysis for the year ended
December 31, 2011, it showed the expenses in the police fund were less than
budgeted.
“Actual
expenses in the Police Fund failed to meet budgeted amounts by $82,828,” it
states. “Actual expenses in the Police Fund were less than budget amounts by
$49,411.”
In the
Notes to Financial Statements under Long Term Debt, Not 10 Retirement Plans, it
states contributions to the Municipal Employees Retirement System for 2011
totaled $47,929 based on eligible wages of $311,279. (These are for town
employees.)
In the
next paragraph, it states contributions to the Municipal Police Employees
Retirement System, 2011 totaled $63,543 based on eligible wages of $236,071.
Also,
the quarter-cent sales tax specifically dedicated to the Homer Police
Department cannot be moved to the general fund and given to the Claiborne
Parish Sheriff’s Office to pay any officers he may hire from the police
department. According to law, those funds are restricted and must be used for
which the purpose is so stated.
“The
Homer Police Department will never be self-sufficient,” Mills said, “and for
whatever reason, if the people don’t want a police department, the town still
has to have law enforcement protection. Taxes still have to be passed. The
money has to come from somewhere. I’ve been here 22 years. (Captain Donald) Malray’s been here almost 25 years. Other officers have
been here for five years or more. These men are what we call the thin blue
line.
“If the
people of Homer, who voted for the chief of police, who voted for the tax to
help the police department -- if they’ll sit back and let a council and the
person who they supported as mayor to have the authority to disband us -- if
the community sits back and does nothing, then there will be nothing done,” he
said. “The council states that I’m not a leader. My problem is I’m not a
follower.”
Mills
went on to say that while he has faith the Claiborne Parish Sheriff’s Office
will not let one single Homer citizen go without law enforcement protection, he
is still an elected official, and in that capacity, he is sworn to uphold the
law.
“I’ve
still got an obligation to the citizens of Homer who supported me to be the
chief,” Mills said. “I will fulfill that obligation to the best of my ability
until my term has been completed. With that said, I am hoping that the council and
mayor will reconsider this maneuver in the hopes to merely save money to offset
other expenditures that they have.”
In
light of that, he has requested several public documents from the town,
including receipts from travel expenses, meal receipts, and salaries of the
town employees as well as the mayor.
“These
are public records and are available to anyone who requests them that is set
forth by constitutional rights,” Mills continued. “As of today, I have not
received them but was contacted by my attorney who advised me she was contacted
by the town attorney requesting me to stay away from city hall.”
The
Guardian-Journal obtained a copy of the letter, which states in full: “Dear
Mrs. Breedlove: Please have your client; [sic] Chief Russell Mills reframe [sic]
from going to the Town Hall. If Mr. Mills requests any documents, please have
him make all requests through your office and forward [sic] to my office. We
will promptly attend to this matter. I have received the letter addressed to
Mayor Alecia Smith in regards to Chief Russell Mills/Homer Police Department,
and will contact you to schedule a date to meet to negotiate later.”
“I need
those records to inform the community for where I believe the overspending
really lies,” Mills said.
Breedlove
answered Patillo’s email, dated February 16, citing several parts of law
dealing with the public documents, saying all of Mills’ requests clearly do not
fall under any of the exceptions allowed by law.
She
also said to Patillo in answer to his email that requesting public documents is
not a basis for harassment.
“Attempting
to bar the Chief of Police from entering the Town Hall during normal business
hours because he is dropping off public records requests is highly suspect,”
she stated in her letter to Patillo. “When we spoke on Tuesday (February 12),
you advised you were not aware of the State Constitutional prohibition against
reducing an elected official’s salary during the term of office. When we spoke
on Wednesday (February 13), you told me that it was just a title issue and not
a salary issue.
“However,”
she continued, “Mayor Smith has told people in Homer that she is not going to
pay Chief Mills his full salary but intends to put his money in escrow until
the matter is resolved. This seems clearly discriminatory considering the state
constitution prohibition against doing so and our prior conversation.”
As of
Tuesday morning, February 19, Breedlove filed a petition against the town on
behalf of Mills and the police department for “injunction, mandamus, declatory
judgment to void action and other relief.”
The
suit, “Russell Mills, Individually and in his Official Capacity as Marshal and
Chief of Police of Homer versus Town of Homer and Alecia Smith, Individually
and in her Official Capacity as Mayor of Homer,” lists much of the
aforementioned information, but a temporary restraining order was signed by
Judge Jenifer Clason, which “prohibits the enforcement of the vote by the Board
of Selectmen on February 11, 2013 to abolish the police department and revert
Chief Mills to the position of Marshal and that a hearing is scheduled in this
matter for the 25th day of February, 2013 at 9:30 a.m. for the determination of
further relief, with the bond fixed, according to La. CCP Article 3610, in the
amount of $2,500.”
The order
has also ordered the mayor to show cause for the following:
“1. Why
the court should not render judgment in favor of Chief Mills that the actions
taken by the Town in abolishing the police department and reverting Chief Mills
to the position of Marshal were beyond the authority of the Board of Selectmen
and done in violation of the public meeting laws and are void and
unenforceable;
“2. Why
this court should not enter a preliminary and permanent injunction prohibiting
the Town from enforcing the motion to abolish the police department and
reverting Chief Mills to the position of Marshal as same are beyond the
authority of the Board of Selectmen and the actions were taken in violation of
the public meeting laws;
“3. Why
this court should not enter a writ of mandamus compelling the Mayor to render
payment to Chief Mills of his full salary as Marshall [sic] and Chief of Police
as the positions are identical under the Town’s Charter and the State
Constitution prohibits the reduction of salary of an elected official; and
“4. Why
Judgment should not be rendered in favor of Chief Mills for attorney’s fees and
costs incurred in filing this petition.”
The
Guardian-Journal contacted Mayor Smith for a comment on this story, but when
contacted, she told us she had to take another call. As of press time, she has
not returned our calls. The Guardian-Journal has also requested a copy of the
town’s recording of the February 11 meeting in which the vote to abolish the
police department took place, because this newspaper never received notice of
that meeting as other area newspapers did.
Community forum set for February 25
A
community meeting to discuss the decisions recently made by the Homer Town
Council to abolish the Homer Police Department will be at 6:30 p.m. at Homer
High School’s auditorium. Mayor Alecia Smith and town council members from all
five districts have been sent written requests to attend this forum. Homer
Police Chief Russell Mills will attend this public forum. Business owners and
citizens of Homer are urged to attend this very important meeting.
Black History Parade set for February 23
A Black
History Parade will be at 3 p.m. Saturday, February 23. For more information,
please call 318-805-7218 or T&T Bail Bonds at 318-927-9214.
Two arrested following undercover buys
On
February 8, the Claiborne Narcotic Enforcement Team (CNET) initiated the arrest
phase of an investigation which began in December 2012.
The
investigation culminated in a search warrant at 25774 Highway 2 in Homer.
Detective
Adrian Malone and CNET personnel executed warrants for the arrests of Robert
Snelling, 28, and Melissa P. Denton, 34, both of Homer.
The
search warrant was the result of an ongoing undercover operation during which
purchases of the Schedule II Controlled Dangerous Substance (methamphetamine),
purchases of the Schedule II Controlled Dangerous Substance (morphine) and
three separate counts of purchases of Schedule III Controlled Dangerous
Substance (suboxone) were made.
Snelling
was booked into the Claiborne Parish Detention Center and charged with
distribution of CDS Schedule II morphine, distribution of CDS Schedule II
methamphetamine and distribution of CDS Schedule III suboxone (3 counts). His
total bond was set at $150,000.
Denton
was booked into the Claiborne Parish Women’s Jail and charged with distribution
of CDS Schedule II morphine, distribution of CDS Schedule II methamphetamine
and distribution of CDS Schedule II suboxone (3 counts) with a total bond of
$150,000.
The
Claiborne Parish Sheriff’s Office would like to remind anyone with information
regarding suspicious or illegal activity to call CNET at 318-927-9800, DEA/La.
State Police at 318-676-4080, the Homer Police Department at 318-927-4000, the
Haynesville Police Department at 318-624-1355 or the Claiborne Parish Sheriff’s
Office at 318-927-2011.
Any and
all information is considered confidential and is greatly appreciated.
Council, mayor term limits vote improper
MICHELLE BATES, Editor
Following
the shock of doing away with the Homer Police Department, the Homer Town
Council also voted to abolish the term limits for the mayor and council
members.
The
town’s special legislative charter, Chapter 2, Section 3, No. 3, states, “The
mayor and selectmen for the Town of Homer shall serve a term of office for four
(4) years, and neither the mayor nor the selectmen shall be eligible for
election to more than two (2) consecutive terms of office.”
While
the council did away with term limits for them and the mayor, according to law,
it was done so improperly.
In short,
an ordinance to amend the charter must be introduced at a regular public
meeting, advertised in a journal within the municipality, and of none, then
three other public places for three weeks and hold a public hearing before a
vote.
Louisiana
Revised Statute 33:1181, Part IV, Amendment of Charter, reads in full:
“When a
municipality existing prior to July 29, 1898, and having a population of two
hundred thousand or less, which has not come under the provisions of Part I of
Chapter 2 of this Title, desires to amend its charter, the same may done in
this way: The municipal governing body may prepare, in writing, the desired
amendments, have the same published for three weeks in a newspaper published in
the municipality, if there be one, and if none, then by posting for said time
in at least three public places therein; the proposed amendments shall then be
submitted to the governor, who shall submit them to the Attorney General for
his opinion. If the Attorney General is of the opinion that the proposed amendments
are consistent with the constitution and laws of the United States and of this
state, including Part I of Chapter 2 of this Title, the Governor shall approve
the proposed amendments. If, within thirty days after publication, one-tenth of
the electors of the municipality protest against any proposed amendment, the
Governor shall not approve the amendment protested against until it is
submitted to and ratified by a majority of the electors of the municipality at
an election held within sixty days after the protest has been made.
“Amendments,
when approved by the Governor, shall be recorded at the expense of the
municipality, in the office of the Secretary of State and upon the records of
the municipal governing body, and when so recorded, shall have the force and
effect of law.
“Amended
by Acts 1950, No. 205, &1.”
Nowhere
in the town’s official journal does the town advertise three times to amend the
charter to change the term limits of the council and the mayor. Nowhere in any
of the meetings since December was an ordinance to amend the charter to change
the term limits was introduced. The first time it was discussed was on December
20, during a special called meeting under VII. New Business, d., which only
said, “Approve Public Hearing to discuss Term Limits.”
Also, a
public hearing was not advertised in the official journal, only in the January
10 edition stating a public hearing had been held with no public comments. The
issue was not brought up again at its regular meeting on February 4 either.
During
research, nothing was published on the Louisiana Press Association’s website on
the page for public notices and legals, all the way back through November 2012.
(www.publicnoticeads.com/la/)
Marcus
Patillo, town attorney, said during the public hearing in January in the
January 10 edition of The Guardian-Journal, that the issue was “supposed to be
put before the people, but that’s what the public hearing was for.”
With no
comments for or against it, the council moved forward in the special called
meeting on February 11 to do away with the term limits.
Within
30 days after publication, if one-tenth of the town’s population within its
corporate limits protest against it, then it must be submitted to and ratified
by a majority of the voters in the municipality.
According
to the January 17, 2002 issue of The Guardian-Journal, in 2000, then Councilman
Scott “Doc” Roberson presented an ordinance to do away with the term limits. In
January 2001, the council passed Ordinance 842, to change the term limits from
two to three consecutive terms. However, in April 2001, a petition was signed
by 10 percent of the people who opposed the change. The petition was presented
to the council, which forced a referendum vote. According to the election
results of January 19, 2002, 80.37 percent of the electors voted against the
“Legislative Charter Amendment” with 19.63 percent in favor of it.
Principals receive monetary awards for
academic growth
The Guardian-Journal photos/Jenni Williams
Pictured above, Haynesville Elementary
Principal Brian Biggs and (below) Summerfield Principal James E. Scriber, both
received monetary awards for their respective schools for academic growth. Out
of 440 schools, these two schools were rewarded by the State of Louisiana for
their academic growth over their baseline over the period of one year.
Former Homer Housing Authority director,
five others sentenced for theft of public money
$430,000 in checks written for work
never performed
SHREVEPORT
— United States Attorney Stephanie A. Finley announced today that former Homer
Housing Authority executive director Michelle Green, 35, of North Little Rock,
Ark., and five co-defendants were sentenced before U. S. District Judge
Elizabeth E. Foote for defrauding the HHA out of $430,000.
Green
was sentenced to 37 months in prison, three years of supervised release, and
was ordered to pay $430,000 in restitution to the U.S. Department of Housing
and Urban Development (HUD).
Green
pleaded guilty Oct. 29, 2012 to causing checks to be issued to friends and
relatives for work allegedly performed for HHA. The defendants admitted they
did no work for HHA, and that they usually cashed the checks and returned much
of the proceeds to Green. More than $430,000 worth of checks were written
between December 2007 until Green was fired in April 2011. Green and five
co-defendants were indicted in July 2012.
Co-defendant
Curtis L. Mays, 34, of Harker Heights, TX., was sentenced to probation, five
years supervised release, and was ordered to pay $26,176 in restitution.
Katrina
G. Robertson, 38, of Haynesville, La., received probation, five years
supervised release, and $26,176 in restitution.
Flack
D. Robertson, 35, of Haynesville, La., was sentenced to probation, five years
supervised release, and $50,190 in restitution.
Aaron
Perry, 29, of Haynesville, La., received probation, three years supervised
release, and $20,630 in restitution.
Katrina
Henderson, 34, of Shreveport, received probation, three years of supervised
release, and $15,380 in restitution.
“The
victims in this case are the Homer Housing Authority and the citizens of Homer,
Louisiana. The defendants sought to enrich themselves at the expense of the
residents who could potentially qualify and are in need of low-income housing
opportunities,” Finley said. “The citizens of this community lose when
criminals steal from programs like this. Our office will continue to
investigate and prosecute anyone who violates the public trust in this manner.”
The
Housing and Urban Development-Office of Inspector General and the FBI
investigated the case. Senior Litigation Counsel Joseph G. Jarzabek prosecuted
the case.
Killgore's Pharmacy & Gift Shop announces opening of their website
Killgore's Pharmacy & Gift Shop announces the opening of their website as of 2012-12-28, online at KillgoresPharmacy.com.
Killgore's Pharmacy & Gift Shop was opened by Pharmacist James "Keith" Killgore and wife/business partner Beverlee Killgore in 1980.
Beverlee is the store manager and catalyst behind the excellent seasonal gift selections and gift displays.
Keith has been a practicing pharmacist in his hometown, Haynesville, for over 30 years. Helping his customers understand the do's & don'ts in regards to their prescriptions is his pleasure not his obligation.
For many years, the Killgore's have selflessly devoted their time to promoting Haynesville & All of Claiborne Parish. Keith, the consummate artist, designed and painted the "Lonesome Drug", "Welcome to Haynesville" and "Main Street Haynesville" murals.
Keith's artistry is available to you through his Gift Personalization Calligraphy on many of the gift items (plates, ornaments, banners and more).
The Killgore's put the family in "Family Pharmacy & Gifts".
Killgore's Pharmacy & Gift Shop is your one stop for medicine when you're sick, vitamins to keep you well, gifts for the bride and groom to-be, custom framing for your most cherished memories, home/yard decorating accessories and hobby supplies.
