New Candor commissioners lead terminations of police officers ♥

Submitted to the Courier-Tribune for publication December 14, 2011. The actual published article may have been edited.

by Hugh Martin

CANDOR – Newly sworn town commissioner Wayne Holyfield wasted no time in what appeared to be a planned action to terminate the majority of the Candor police force.

Holyfield was appointed commissioner in charge of the police department by Mayor Richard Britt at the regular December meeting at which Holyfield and Rob Martin were sworn as new commissioners, replacing Leslie Thomas and Tim Smith.

In his closing words as commissioner, Smith reminded the new board members that they had been elected to serve all the citizens of Candor. “Commissioners aren’t elected to serve just the ones who voted for them,” he said before stepping away from the table after twelve years on the board.

Following Holyfield’s appointment as police commissioner, board member Phillip Hearne voiced his objection to the appointment, telling Britt that he felt it to be a conflict of interest.

Hearne asked to go on record as opposing the appointment because Holyfield is a Trooper with the North Carolina Highway Patrol stationed in Montgomery County. Addressing Britt, Hearne said, “I feel that it’s a conflict, but apparently you don’t because you put him there.” Hearne said his concern was that Holyfield also has a “working relationship” with Candor police and therefore should not be in charge of the department.

“Duties of the commissioners can be changed,” Britt replied. “If I see that there’s a problem it can be changed. I did it last year and I can do it again.”

Britt was referring to a change he made in 2010, moving Commissioner Layton Booker to oversee the police department rather than Commissioner Tim Privett due to tensions between Candor Police Chief Randy White and Privett.

Holyfield thanked the voters that elected him and immediately made a motion to go into closed session to discuss personnel.

Booker spoke up in opposition to the motion. “We approved the agenda at the beginning of this meeting and a closed session was not a part of it,” he said. “I don’t think it’s right to do that.”

“That’s a legal question that I can’t answer,” management consultant Ron Niland replied when he was asked if it was allowed.

At that point, Police Chief White asked that Holyfield be taken off as police commissioner, to which Britt refused.

White continued speaking, stating that Holyfield was backed by someone who had active lawsuits against the town and police departments. “It’s a conflict of interest,” White said. “It’s not fair to my men,” he said, indicating three uniformed officers of the department who stood at the rear of the meeting room.

“I cannot stand here and let someone put their thumb on us,” White continued. “I will answer to Layton (Booker) and Philip (Hearne) as usual,” he said. “He (Holyfield) tried to intervene in one of our cases that didn’t even apply to him.”

Niland, in an attempt to bring order to the meeting, told White that “this is not the time or place.”

Britt told White that his request was denied. “That’s not the way it is,” he said.

“That’s the way it will be,” White replied.

At that time Martin seconded Holyfield’s motion to go into closed session.

Upon a vote on the motion there was no opposition voiced. The board room was cleared of all spectators, who waited outdoors for an hour while the board was in closed session.

Upon resuming the open meeting, Commissioner Holyfield instructed Major Robert Lawing of the Montgomery County Sheriff’s Office to maintain order in the room while he spoke.

“I want to make a motion to terminate, effective immediately, Police Chief Randy White, Officer Pierce, Officer Jackson and Officer Blake,” Holyfield announced.

His motion was seconded by Martin.

Hearne stated that he was strongly opposed to the action. “There has been no reason why these officers are being terminated,” he said. "Our attorney has not been consulted. This doesn’t feel right.” Hearne said that there had been no conflict and that he had always had a good relationship with the police department. He again referred to Holyfield’s appointment as a conflict of interest.

Booker also spoke up, stating his opposition. “There was no reason given for this,” he said. “This is opening the town up to all kinds of lawsuits. Our attorney has not been informed. I don’t want my name anywhere in it.”

Britt then spoke. “I want to say that I am totally against it,” he said. “I don’t feel it’s the right way, but the board has spoken.”

Britt then instructed Town Clerk Tammy Kellis to take a vote on the motion by having each commissioner state his name and his vote. Commissioners Privett, Holyfield and Martin each voted “Yes,” while both Hearne and Booker voted, “Absolutely not.”

Holyfield then made another motion, to appoint Officer Eddie Bagwell as Interim Chief of Police with the assistance of the Montgomery County Sheriff’s Department. Martin again offered the second to the motion.

Britt asked, “Officer Bagwell, are you willing to do this?”

Bagwell responded, “Yes, for the good of the town.”

Again, each commissioner stated his name, followed by how they voted. Privet, Holyfield and Martin voted “Yes,” Hearne and Booker each voted, “Yes, under the circumstances.”

Holyfield then made a motion that the terminated officers would turn all equipment and accessories in to Major Lawing and Deputy Eric Morgan immediately. Again, Martin made the second.

Privett, Holyfield and Martin voted in the affirmative while Hearne and Booker said they would not vote on the motion. Clerk Kellis recorded their votes as being no.

White asked about the equipment that they had at their residences and was told that the terminated officers would be given time to turn any uniforms and other town property in as soon as possible.

Martin then made a motion that former NC State Highway Patrol Trooper Eric Jackson be “hired immediately at regular police pay.”

Discussion on proper hiring procedures overshadowed the motion.

“Has he even applied?” Hearne asked.

“I haven’t received any paperwork,” Kellis answered.

“There haven’t been any openings,” Martin responded.

Niland said that the hiring could take place pending background checks and proof of proper certification.

At that point the meeting was adjourned.

Former commissioner Smith approached the table and asked if there was any police protection in Candor. Britt told him that there was.

“Is Bagwell going to be on duty 24 hours a day?” Smith asked. Holyfield stated that he would be assisted by the Sheriff’s Department.

As he left the room, Teresa Lamonds, who had executed the lawsuit that White had referred to during the meeting, shouted at Smith, “Maybe the police will come to your house and you’ll get tasered!”

Following the meeting Hearne repeated his opposition to the actions that had just occurred. “I’m totally against this,” he said. “Here it is, Christmas time. These men have kids and family, and now they’re out of a job.”

CLARIFICATION: When commissioners Hearne and Booker stated that they did not want to vote on the motion for turning in the equipment, Town Clerk Kellis told them that she had to hear ir, to which they then voted "No." State law requires that a refusal to vote would actually be recorded as a "yes" vote. I apologize to Ms. Kellis for the error in the published article.