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POLICE DEPARTMENT HIGH ON AGENDA FOR EAGLEVILLE CITY COUNCIL

By Glenda Dyer (published March 1, 2007)

Eagleville council members voted unanimously Thursday night to put Police Chief Everett Stone on administrative leave without pay pending the outcome of an investigation involving certification and other issues.

The Tennessee Peace Officers Standards and Training (POST) Commission began its investigation in Eagleville recently after it learned about questions related to Stone’s meeting the POST requirements for police officers. The commission is responsible for developing and enforcing standards and training for police officers statewide.

Stone, who is the city’s only police officer, submitted his resignation Feb. 14 as police chief after the certification question came up. In his resignation letter, Stone offered to stay on at the Eagleville Police Department as a part-time police officer with a maximum of 20 work hours a week.

The city’s attorney, Travis Lampley, recommended putting Stone on administrative leave without pay, saying the action was the best of the options.

"We don’t know what the investigation is going to come back with," Lampley said. "They may very well say Everett Stone has done nothing wrong, and this council has done nothing wrong and the mayor has done nothing wrong."

Lampley also recommended the council take no action on Stone’s resignation request at this time.

Councilman Greg Buchanan suggested the city pay Stone while he is on administrative leave.

"If something is wrong, it’s part our problem," Buchanan said. "It’s not all his fault."

Lampley said that the state statute regarding suspension of an officer requires that the type of action the council is taking be done without pay.

With Stone being on administrative leave, the county sheriff’s department will provide police protection for the city as long as needed, Mayor Nolan Barham said.

Brian Grisham, executive secretary of the POST Commission, said Friday he does not know how long the investigation will take.

"We’re right in the middle of it now, and we are just sending our investigators there," he said. "We are going to do what it takes to get Eagleville back and running."

Grisham said he does not expect any kind of criminal ramifications from the investigation.

"But there is a technical violation of the law if you employ somebody who doesn’t meet all the criteria," he said.

According to state law, any person who employs someone who he knows does not meet the minimum POST commission standards or any person who signs the paycheck of anyone who fails to meet the qualifications as a police officer, can be prosecuted for a Class A misdemeanor and be subject to a fine of up to $1,000.

Among the issues expected to be considered in the POST commission investigation are how many hours Stone worked because a full-time officer must be certified. An officer who works more than 20 hours a week or 100 hours a month is classified as full-time.

Certification requires 400 hours training at a POST approved training academy. The training costs $2,000.

Stone, also known as "Stoney," said he has been with the Eagleville police force "for 18 or 19 years." He was named police chief in about 1995.

He has been the only police officer at the Eagleville Police Department since Sgt. Charles Holt left to go to the Kosovo area in about 2003. During his employment with the Eagleville Police Department, Holt became certified, with the city paying for his training through the help of a grant. The city allowed Holt a leave of absence until councilmen voted to terminate the leave on Nov. 30, 2004.

Stone worked part-time over the years because he had another job, but his hours grew after Holt left and so did his pay, according to a source. It is unclear how many hours he eventually was working, but Stone’s pay in the 2006-2007 budget was set at $42,558 plus $6,300 for insurance. If he worked no more than the 100 hours POST allows for a part-time classification, Stone would be making $35.47 an hour.

Grisham said the commission’s records show the city of Eagleville asked that Stone be certified in 1995 as a full-time officer and whatever experience he had at the time was not sufficient to "just challenge the test."

"He needed to go to an entire law enforcement academy, and he never did that," Grisham said.

During a citizen’s input session at Thursday night’s meeting, Stone said he had never been certified by POST but says he always worked as a part-time officer. Being a part-time officer does not require certification, he said.

But according to the POST commission rules, part-time officers must complete 40 hours of initial training when they are employed and complete 40 hours of in-service training each year.

Plus both full-time and part-time officers have to meet certain pre-employment requirements including physical, psychological, proof of education, background check and no criminal convictions.

Stone said he has never presented himself as something he is not.

"I am an experienced police officer and have served with honor and dignity," he said. "Since my employment in Eagleville, I have dedicated myself to serving the community in all positions assigned and that were requested by the city governing body."

Stone said he had never refused training nor ever willfully or knowingly violated any POST standards.

"Not one of the city administrations I have served under has questioned my ability," he said.

Stone said he offered his resignation after the mayor was advised about a "technicality of a state mandate that a part-time police officer not certified can not serve as chief of police." He said the reason for that rule was probably that the state does not want a part-time police officer in a big department directing certified police officers in the line of duty.

"That is the only reason I resigned as chief of police not that I had done anything wrong," he said.

Near the end of the citizens input session, Stone, 63, announced that he was already planning to retire at the end of June and had discussed his retirement with the mayor.

About 15 citizens spoke concerning the police issue at Thursday night’s meeting, which was held at the community center and attended by about 80 people.

Several spoke just in support of Stone.

Leslie Kelley complimented Stone for his help when his son had a wreck.

"Stoney was there and took care of the situation," Kelley said. "Whatever he got paid, I’m willing for him to get paid."

Julia Taliaferro said the three minutes she was allowed to speak was not enough time to tell everything positive she knows about "Stoney."

"It meant a lot to me when my father died to know we have a friend who would stop traffic and see that the funeral possession got the respect that it needed," she said.

Taliaferro says she has an aunt who has depended upon "Stoney" and keeps his cell phone number beside her bed.

City recorder Michelle Bennett said her grandmother-in-law also lived by herself and has Stone’s cell phone number to call if she has any problem.

Jessie Smotherman said she did not think anyone in the room could put a price tag on human life. She said the police, firemen, city officials and employees are doing a good job.

"I personally feel safer knowing these people are out there and whatever they get paid they ought to get paid," she said.

Some speakers blamed the mayor for the situation that has led to the investigation into the police department.

Melissa Buchanan, wife of Councilman Greg Buchanan, said she held the mayor responsible for the situation "which has apparently snowballed into what we see tonight."

"This has been neglected for year after year because it’s part of the mayor’s job to take care of personnel issues," she said. "And with that I would assume there would be yearly reviews in which credentials and qualifications are checked."

Buchanan said taxpayers were under the assumption that the $43,000 police salary was to fund a full-time officer.

"Now you say we are paying him for part-time," she said.

Donna Jensen also blamed the mayor.

"I have nothing against Stoney, because I think he works hard," she said. "I think he is a scapegoat to the fact that the mayor hasn’t been on top of this."

John Edward Turner addressed the mayor and council.

"The only thing I am disappointed in is that I went to Nolan seven or eight months ago and tried to talk about our police department in this town," Turner said. "I knew we were operating illegally but that is what we elected you all for is to take care of and tend to it."

Turner said what he dislikes most about the controversy is how it has separated the people.

Turner also questioned Stone on how many tickets he had written, and Stone replied, "Not many."

"Don’t tell me you can’t write tickets because they set up in front of my mini storage and they write tickets," Turner said. "I’m not talking about making a speed trap out of the town but I am saying we need to hire an officer that is certified and trying to do it right."

And some accused Councilman Buchanan, who has only been on the council since last May, for bringing all the attention on the town and one woman even asked for his resignation.

Buchanan said he did not call the media but did call the POST commission after he learned Stone had called another councilman requesting to be put on administrative leave.

"I called POST then and there and asked about all this," Buchanan said. "I asked to call a meeting with the mayor and was denied. The next day I found out I could call a city council meeting."

Buchanan said what prompted his action was that he was told by POST that Stone had not been trained to use his firearms since 2004.

"I think about the liability of this city, and that is why I wanted to have a meeting," he said. "There is something called the Sunshine Law. I can’t go talk to any of the council members. We can’t have a private meeting."

Buchanan said he wanted to get the matter resolved – "hit it face on and not hide behind it and hope it goes away."

Local resident Allen Ball said his concern was not what has gone on in the past but what action the council will take in the future.

"I believe the police chief or policemen should have a salary commensurate with other communities our size," he said. "We should have some kind of accountability that any citizen can check whereby time cards, daily logs or whatever."

It is incumbent upon the council to provide the management and direction for taking whatever course is accountable to the citizens, he said.

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 The Community Mission is a local effort to relieve suffering in our community. Throughout the year, this organization provides clothing, food, and emergency financial assistance for people in the Eagleville and Rockvale communities. It is located on the school grounds in the concession stand building at the Baseball Field. Volunteers maintain a food pantry and clothing closet in this donated space.
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