Fired police chief asking for $250k to settle suit

Fired police chief asking for $250k to settle suit

Former Earle top cop wrongly dismissed by former mayor, case alleges

news@theeveningtimes.com

A former Earle police chief who was fired by ex-Mayor Carolyn Jones is offering to settle his lawsuit against the city for $250,000, and the city might not be covered by its insurance if they have to pay.

Mayor Sherman Smith told the city council that he received a letter from Jenna Adams, a staff attorney with the Arkansas Municipal League, informing the city of Smith’s offer to settle the case and mediate. “They have presented a settlement,” Smith said.

“The lawyer has asked us whether we want to make a counter offer.”

Tyrone Smith was suspended by Jones in 2016 pending the outcome of a harassment lawsuit against him following an altercation in Parkin, then later fired by the mayor despite the case being dropped.

Smith claimed that Jones knew about the charges and that she suspended him in retaliation for firing a police officer who was found asleep in his patrol car while on duty.

The lawsuit claims that the suspension was done in violation of Earle’s policies and procedures as set forth in the employee handbook and that failure to reinstate violated Arkansas discrimination laws. Jones refused to reinstate Smith despite calls by some on the city council to do so. Mayor Smith said Adams stated in her letter to the city that she believes the settlement amount is an unreasonable amount, and is asking permission instead to file a motion to dismiss the case.

“She feels like — and I agree — that it is a waste of time to mediate,” Mayor Smith said.

Smith said Adams does not believe the city violated Chief Smith’s civil rights by choosing to fire him.

“It’s up to y’all whether you want to present a counter offer and mediate,” Mayor Smith said.

Councilwoman Jimmie Barham asked City Attorney Davis Loftin whether he agreed with the Municipal League lawyer’s advice. “What do you think our chances are,” Barham asked.

“I think they are pretty good,” Loftin responded.

Barham said the city doesn’t have the money to settle even if they wanted to.

“Where would we get $250,000?” Barham said.

“We don’t have it.”

Councilman Kenneth Cross asked whether the city is covered by the Municipal League under their insurance.

The city pays the Municipal League $60,000 a year for legal services.

“Do we not have coverage from the Municipal League?” Cross asked.

Mayor Smith said he isn’t certain whether the city would be covered in this case.

“This was before my time,” Mayor Smith said. “I don’t know.”

Cross said he was dismayed that the Municipal League hasn’t kept them informed about the case and whether they are covered.

“They should have notified us,” Cross said. “This is the first time I’ve heard this. But I will get you some answers.”

City Treasurer Cynthia Conner said there are some types of cases that the Municipal League doesn’t cover when they are the fault of a bad decision by elected officials.

“There are some things an elected official should know not to do,” Conner said. “They tell us this — that there are certain things that will come out at our expense.”

Mayor Smith said the Municipal League will still litigate the case, but they may have to pay any settlement out of the city’s own pocket.

“They will represent us,” Mayor Smith said. “They just won’t pay the settlement. It’s not one of those things that will be covered.

But let’s find out some facts. I don’t want to speculate.”

The council voted to allow Adams to go ahead and file a motion for summary judgment to dismiss the case for lack of merit.

By Mark Randall