Council fires second police officer; first fired officer files appeal

By KTBS News Staff

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    MINDEN, Louisiana (KTBS) — A Minden police officer who was fired Monday by the City Council believes the decision was made because he knew about the behind-the-scenes payments made to a Texas couple prior to it becoming public.

Lt. Jason Smith had been on paid administrative leave for an incident that Police Chief Jared McIver said happened around June 23. McIver recommended Smith for termination without providing public details.

The City Council met in special session at noon Monday to consider the recommendation. The vote was unanimous to fire Smith — the second Minden officer to get the ax in less than a month.

Afterward, Smith told KTBS: “I think this shows how local government can trample the rights of their workers. I mean, I didn’t, we were brought into a meeting to talk about some issues and we talked about those issues, and I wasn’t supposed to know about the $25,000 payment and the $1,900 payment. Since I did know that, that’s why I was fired.”

The payments to which Smith referred are somewhat connected to the dismissal last month of Lt. Chris Hammontree. He responded with his drug dog to a traffic stop on Interstate 20 on Jan. 3 involving Shawanda Hall and Donald Benard. In a search of the car, Hammontree reportedly cut open a stuffed animal in the back seat of the car and exposed the cremated remains of a child.

Unknown to Mayor Nick Cox and the majority of the council members, McIver, city attorney Jimbo Yocom, the city’s clerk and assistant clerk acted in an “administrative capacity” to negotiate a $25,000 settlement with the couple, in addition to a separate $1,912 payment for repairs to their car.

The information became public through a series of public records requests made by KTBS. Cox also then issued his own statement about what happened and self-reported it to state auditors.

Smith was placed on paid administrative leave shortly before posting an audio recording on YouTube where he confronts McIver about assorted police department issues, including the payments to Hall and Benard, along with the disciplinary action taken against Hammontree. At the time, Smith was chairman of the Minden Municipal Fire and Police Civil Service Board and police union president.

Smith removed the recording from YouTube, but shared information in a Facebook post about the alleged evidence McIver used to place him on leave.

Breedlove said McIver admitted in Monday’s executive session his reason for holding the meetings with police officers was to get everyone on the same page because so many were upset about what happened with Hammontree. It was Smith’s questioning of McIver that led to his being placed on leave, Breedlove said.

“If that’s what you were doing, then why fire the person (Smith) who tells you what he thinks. Not only was he on the civil service board, but he’s the union president. That’s his job to relay information about what’s going on,” she said about Smith. “During that meeting, the chief accused Jason of violating the civil service law by asking about Hammontree. That’s a bad accusation. … In Jason’s case, he was trying to vent to the chief. He was asking about the payment. He asked about the investigation.”

Breedlove said she also learned from the executive session that another officer — not publicly identified — who’s also been placed on paid leave. That officer allegedly was seen eating out with Smith.

An email had gone out to all officers telling them no one was to have contact with Smith while he was on leave, Breedlove said.

Additionally, a letter dated June 26 informing Smith he was on leave tells him “not to have any contact whether social media, phone, text, verbal or personal contact with any member or officer of the Minden Police Department during the course of these proceedings and until a decision of resolution has been reached, with the exception of the police chief. Lt. Smith shall not attend an MPA meeting on the grounds or facility of the Minden Police Department until a resolution has been reached involving this investigation.”

McIver supported the council’s decision Monday.

“The council was given all the facts and all the evidence. I believe they made the correct decision based on my recommendation. … We are held to the highest of standards and we can’t expect others to do right if we’re not doing right.”

Smith wanted the executive session to be held in open session, despite the suggestion from the city’s special attorney, Aaron Green, for a closed door session. He cited a provision of the state law that allows it when there is discussion of investigative proceedings regarding allegations of misconduct.

Breedlove countered that the investigation was over, and the council had a written recommendation in hand.

“You cannot ignore his rights,” Breedlove said, adding she couldn’t stop them but wanted the objection on record.

Green stood firm on his position so the council voted unanimously to go into executive session. It lasted for about an hour before the council emerged to vote without discussion to fire Smith.

Smith will appeal his firing through civil service board. He also will appeal the executive session because, “I wanted the people to hear it.”

Breedlove will file an appeal in Webster District Court alleging an Open Meetings Law violation because Smith was denied his open hearing.

Breedlove, who also serves as Hammontree’s attorney, has already filed a civil service appeal in his case. The next scheduled civil service board meeting is in November. However, state law directs the board to set a hearing within 30 days of receiving a notice of appeal. Hammontree was fired on Aug. 4, but Breedlove has yet to receive notice of a meeting date.

Contributing reporter Tiffany Flournoy added to this report.

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