Fate of public safety director put on hold

FERRIS – The Ferris City Council took no definitive action at Monday night’s special city council meeting to determine what to do about possible charges or complaints against Ferris Director of Public Safety, Eddie Salazar.

In a standing room only city council chamber room, Ferris police and fire personnel were in attendance as was, not only Ellis County Sheriff Chuck Edge, but also sheriff department personnel and many concerned citizens on both sides of the issue.

Council did vote 3-2 to pass the ordinance to amend a current ordinance, which allows council to take control of hiring and firing various public safety employment personnel.

While Ferris Mayor Jim Swafford suggested Place 5 City Councilmember Sherie Chapman recuse herself from the vote regarding the ordinance, finally it was determined that was not necessary.

The 3-2 vote had Chapman, Place 1 councilmember Clayton Hunter and Place 4 councilmember Jay Walsh vote for the ordinance change.

Many in the room did not want to see council amend the ordinance, however Walsh said this amended ordinance “mimics the last one in 2004.”

Ferris City Attorney Michael Halla said there were no legal issues with the amended ordinance that passed Monday night.

Regarding the ordinance change, it wasn’t so much a legal issue as an issue of what some who spoke during public comment said was a dangerous precedent to allow council this power of hiring and firing at will.

Of the citizens and interested parties who spoke during public comment, Sheriff Edge cautioned about a council with hiring and firing ability.

“In my experience I would caution you not to go down that road,” Edge said.

Skip Ensley, a former Police Chief [not in Ferris] who has been working on the 10-year old Ferris Church Street murders with the Ferris Police Department spoke in Salazar’s defense saying the ordinance change was “a very dangerous thing. [We are] within days of solving the Church Street crime,” he alluded to the fact that these types of situations create scenarios that do not allow the police department to do their job effectively.

Some tit for tat was exchanged between council and Ferris Mayor Jim Swafford concerning quorums and conversation in which not all council members were involved. Swafford accused Walsh and Hunter of meeting illegally, then Walsh asked Swafford what he was doing with two council members in meetings three days last week.

Place 2 councilmember Michael Martinez remarked, “regardless of who is in that position as director of public safety, I would like to remind council to stop shifting people around… stop shifting policy around.”

Mayor Pro Tem Tommy Scott explained the city council is not in place for favors that citizens want done for them.

“I am not here for whatever your problem is,” Scott said. “I am not allowed to do anything for you.”

Scott went on to add “We do not attack one another – it is called self-respect. This is the problem, have respect for one another. Your councilman is as good as your citizens. We must work together not against each other. If you don’t like me – you don’t like me, but let’s get the job done.”

The situation seemed to have gotten particularly out of hand regarding the ordinance amendment and later an executive session item designed to determine what to do about Salazar, because of what appears to be Ferris city policies and procedures not being followed by the mayor. This included not supplying council with necessary information regarding an investigation of a city employee on paid leave.

Chapman said early in the meeting “I can define our problem,” referring to the city. “The city does not follow policy and procedure. I am glad this council room is full tonight [and] if you stay long enough you will understand why you are here. It is not that we are against Chief Salazar – it is that everyone – especially those wearing a badge – have to follow policy and procedure.”

Chapman went on to say she believed it was the mayor who initially made the grave errors that affected the police chief.

The situation in question, which has now been on the agenda for the last two city council meetings, regards a city employee on paid leave (now for five weeks) because a complaint was filed against her by Chief Salazar.

Apparently Salazar, with the approval of the mayor, not only filed the complaint, but also investigated the complaint – and recommended firing the individual.

According to council members, most only found out about the investigation when asked about it on the street by citizens.

And, as of last night’s meeting, no council member had been informed of the charges or furnished a copy of the investigation.

Halla said “He [Salazar] investigated a report he made the decision to file.”

In the city attorney’s opinion, the chief should have stayed far away from the situation. Halla said it is a big deal to state you filed a complaint – and then that you did the investigation.

“This is not a good series of judgements,” the city attorney advised.

Halla also added if he had been consulted at any time by Mayor Swafford or Chief Salazar, which he was not – he would have advised the proper way to proceed.

“I have always been the chief’s biggest defender on council,” Chapman said. “I would hate to lose Chief Salazar. Chief Salazar, the mayor let you down. The mayor, acting as city manager, should have contacted our attorney for guidance. By not doing that he let you (Salazar) proceed in a direction that might not have been the best choice.”

Apparently, one more problem with the policy and procedure confusion turned out to be concerning a report regarding the employee on paid leave and former Interim City Manager Clovia English’s involvement in it.

The investigation had been given to Mayor Swafford, who according to all council members – repeatedly refused to reveal to them the findings.

Swafford then gave the report directly to English – who also did not share it with council, leaving council still with no information regarding the investigation.

From this conversation, the resignation of the former Interim City Manager Clovia English began again. English resigned last week stating, among other reasons, she did not believe the Ferris City Council was ready for change.

Earlier in the meeting council had voted 5–0 to accept her resignation.

Later in the evening, cooler heads did prevail when it came to the decision whether to fire or suspend Salazar.

Salazar requested his public hearing regarding dismissal or disciplinary action be held in open session and not executive session. Council did adjourn to executive session for a discussion with the city attorney, then returned to open session for the public hearing.

In keeping with the uproar concerning following policy and procedure for all city issues, Salazar started his comments by reminding council he was suspended last year by former City Manager Bill Jordan.

“My name was dragged through the mud,” he said. “I felt helpless. Tonight, I see a repeat of this happening again. I have not been served with a copy of a signed complaint by anyone yet – this is the first I have heard of it.”

That signed complaint was necessary, Salazar said, because as a Texas peace officer he is entitled to that complaint by protection of the law.

Salazar informed council a copy of the complaint, which he had not seen and requested to see, must be given within a reasonable time after the complaint is filed. Action may not be taken unless the complaint is given to the officer or employee. He also could not be suspended unless the complaint is investigated.

He added if he had done something wrong, he wanted his due process.

“If you want to proceed let’s do it, but let’s do it the right way,” Salazar said.

At the end of Salazar’s public hearing, Halla directed council to supply the chief with the requested complaint and put the item on the next agenda. Council agreed to this recommendation.

In a few words, former City Councilmember Bobby Lindsey who spoke during the public comments summed it up, “What is going on is disgusting. Mayor, you are supposed to be a leader – and you are not. You five people (council) have all the information and it is like being on a jury – your job is to do what is best for the city, and if you don’t then you are not doing your job. I have no clue what brought this on, and I don’t care – when something gets out like this it makes our whole city look horrible.”