David Gambino
The Decatur Daily, Ala.
(TNS)
Oct. 3—The disciplinary appeal hearing for Kevin Jackson, a Decatur Fire & Rescue lieutenant who was demoted to bottom rank, continued Wednesday morning behind closed doors after an assistant city attorney brought several new witnesses and argued it would be “embarrassing and difficult” for them to testify in public.
“We heard concerns from the board about wanting to have more contact with individual employees, which is not something that we’ve done in the past for their protection,” Alexander said, apparently in reference to board member Suzie Wiley’s comments during the first part of Jackson’s hearing, which was held Aug. 16.
“Some of the testimony that they’ll be providing … will be embarrassing and difficult, maybe, for some of them — definitely for Mr. Jackson, who is still an employee of the city,” Alexander continued. “Based on the board’s desire, based on my strong belief that a huge part of my job is to protect the employees of this city, and based on just the impact that testifying in these proceedings has had on people that have had to testify, we would ask the board to consider — just for the rank-and-file firefighters — that their testimony be taken in executive session.”
The Personnel Board voted affirmatively to move into the secret session.
Alexander told the board that, based on how many witnesses he planned to call, he didn’t expect to finish until as late as 4 p.m. The hearing is expected to continue in a general session once the testimony of the rank-and-file employees concludes. Alexander suggested that the general session resume Tuesday; however, a Personnel Board notice published on the city’s website indicates that Jackson’s hearing will resume Friday.
Kevin Jackson was represented at the hearing by attorney Russ Pricket.
No state law requires the Personnel Board to go into executive session. The question of whether it legally can is dependent on whether Kevin Jackson, as a supervisor, was required to file a Statement of Economic Interest.
“I am deeply bothered by the extreme measures that this administration is willing to take in order to give the appearance that what they are doing is right,” said City Councilman Billy Jackson, who attended the August hearing and was the only councilman to show up Wednesday. “Moreover, what appears to be a clear violation of law is, again, being treated as if the law does not apply to the city of Decatur.”
Pursuant to the state’s Open Meetings Act, the job performance of public employees may not be discussed in an executive session if the employee is an elected or appointed official, an appointed member of a board or commission, or if the employee is required by state law to file a Statement of Economic Interest with the Alabama Ethics Commission.
Also according to state law, every full-time public employee serving as a supervisor is required to file such a statement; however, the law also states that — “unless otherwise required by law” — no public employee earning less than $75,000 per year shall be required to file such a statement.
Kevin Jackson filed a Statement of Economic Interest this year, and Billy Jackson said, to his knowledge, all city supervisors file them.
According to an Alabama Ethics Commission publication, “Every full-time public employee serving as a supervisor” must file a Statement of Economic Interest, with no exception listed for supervisors making under $75,000.
City Attorney Herman Marks declined to explain the legal justification for Alexander’s request, instead directing inquiries to Richard Lehr, an attorney for the Personnel Board.
“The Personnel Board went into executive session to review issues of character and general reputation,” Lehr said in an email sent to an Alabama Press Association attorney and The Decatur Daily. “Although Mr. Jackson filed a Statement of Economic Interest, he was not required to do so because he does not meet the income threshold.”
An email, however, shows City Clerk Stephanie Simon informing Kevin Jackson that the city “received notice from the State of Alabama that it is time to file the Statement of Economic Interest Forms for 2023. You are receiving this email because you fall under the criteria for filing a Statement of Economic Interest Form with The State of Alabama which is attached for your review.”
Mike Faruqui, a retired Army colonel and regular critic at City Council meetings, questioned why written rank-and-file testimony apparently wasn’t used initially in adjudicating Kevin Jackson’s discipline.
“In my opinion, this is a severe miscarriage of justice,” he said. “Apparently, this has never been done before.”
Billy Jackson said “integrity, honesty and character” have lost their way in the disciplinary process.
“In an effort to prove a hearsay case against Lt. Jackson, the city has created more witnesses to support its position,” he said. “One such witness is present in a most disgusting ‘training’ video that recently surfaced in our city. The irony could not be greater.”
Jackson referred to a video captured earlier this year of a Decatur Fire & Rescue training exercise that recently began circulating amid an Alabama Fire College investigation into DFR’s recruit school. The video depicts firefighters role-playing a medical call, wherein a man lays on the floor with his pants down around his thighs and the handle of a plunger seemingly (but not actually) protruding from his backside. Some in the video joke and laugh about the scenario.
“The appeal process is based on the fact that the mayor disciplined Lt. Jackson as a result of witness testimony,” Billy Jackson said. “At that time there were not 17 witnesses; today we have 17. I’m not sure which description is more fitting: moving target or railroad job.”
Mayor Tab Bowling’s determination letter to Kevin Jackson, dated June 6, discusses at length a comment Jackson allegedly made at the scene of a cardiac arrest on Nov. 25. Jackson is accused of leaving the scene to respond to a nearby fire and making the statement: “He is dead as f***, we’re out of here.”
Bowling’s letter criticizes Jackson for making the comment in front of the victim’s coworkers; however, the victim’s coworkers who were present previously told The Decatur Daily that they never heard it.
Kevin Jackson is also accused of having a history of allegedly poor “behavior” and “attitude,” although these allegations are largely contradicted by Jackson’s performance reviews signed by his direct supervisor. The poor behavior, rather, was allegedly discussed through informal conversations within DFR.
Bowling’s letter includes allegations of unauthorized female visitors to Jackson’s station, but Human Resources Director Richelle Sandlin testified there was no evidence to support the allegations and that the investigation into the female visitors was abandoned.
Bowling also criticized Jackson for his social media use. Jackson has made Facebook posts critical of pay and the Decatur police shooting of Steve Perkins.
— [email protected] or 256-340-2438.
___
(c)2024 The Decatur Daily (Decatur, Ala.)
Visit The Decatur Daily (Decatur, Ala.) at www.decaturdaily.com
Distributed by Tribune Content Agency, LLC.
