Smithville Police Chief Randy Caplinger’s attorneys made it clear at a special meeting of the city council last Tuesday that the suspended chief will not go down without a fight.
Speaking on behalf of her client, Attorney Sarah Cripps, accompanied by her partner Brandon Cox, said they would be seeking due process after the chief was recently being placed on suspension pending termination by Mayor Jimmy Poss. The mayor, apparently with the agreement of Police Commissioner Jason Murphy, said he took the action because he believed that the police department needs new leadership.
Cripps, in front of an upstairs meeting room at city hall filled with Caplinger’s supporters, said that he would not tender his resignation, and has done nothing wrong as police chief.
She told the assembly that Caplinger the Chief was first presented a letter of resignation at a Friday the 13th meeting. "On Friday March 13, suddenly and without any foreknowledge, Mr. Caplinger was presented a letter of resignation prepared beforehand by city officials of whom we know not. He was requested to sign that at a meeting attended by Mayor Poss, City Administrator Hunter Hendrixson, Police Commissioner and Alderman Jason Murphy, and Attorney Parsley. At that time he declined to sign the letter presented to him," said Cripps.
She stressed that Caplinger had not resigned as chief, and has not been given any reason for his suspension. "Chief Caplinger spent 30 years in public service with the Tennessee Highway Patrol and then came to this job in May 2010 desiring to continue to serve the public. As I address you tonight, Chief Caplinger and his counsel still have not been apprised of the reason or reasons behind his sudden suspension without pay that occurred on March 13. Chief Caplinger comes here tonight asking very little of you. He will not resign under a cloud, and he will not go quietly into that dark night. Chief Caplinger wishes to make it clear to everyone who is here that he categorically denies wrongdoing in any shape, form, or fashion. Moreover, he stands before you tonight ready, willing, and eager to defend himself in a public forum with zeal and energy and to allow the chips to fall where they may and upon whomsoever they will," Cripps continued.
"The foundation and the cornerstone upon which our American judicial system is founded is the concept of due process, and that encompasses a few key elements," the attorney went on to say. "One of those is a written statement notifying the accused, or in this case, the person who is being asked to resign, of the allegations and charges against him. Secondly, written notice of a hearing that is scheduled to hear these matters. Finally and maybe most importantly, an opportunity to be heard, and to state his case in a full and fair hearing. We welcome that scrutiny. We demand due process, because for 30 years with the Tennessee Highway Patrol and almost five years as Police Chief for the City of Smithville, Chief Caplinger has not received any reprimands. He has not been the subject of disciplinary action by this honorable board nor by officials in the State of Tennessee's government. In closing, as I stated, he will not resign. We demand due process, and I'd like to ask all of those present who support the Chief to stand and be heard."
Her request was met by a standing ovation from the crowd.
Two of the city aldermen, Josh Miller and Shawn Jacobs, made it clear that they felt left out of the process. "Friday a board member called me and told me about what had taken place with Chief Caplinger. I was in the dark about this," Miller said. "I did not know until after the fact. I immediately started making phone calls to find out why and what for. I wanted to know. I think I have a right just like everyone else. I started hearing about a list. Later that evening I also found out that many city police officers and many city employees knew this. I was one of the board members who did not know this. In business, or anything in life, if someone goes behind my back deliberately I question the motive. I met with Mr. Hendrixson yesterday and I saw the list. After I read it I immediately asked him for any write-ups on Mr. Caplinger. I did not get any. All I want is facts. I don't care what he says or she says. I want facts. People have put their trust in us as a board and it’s our duty to make sure that the motives are pure and clean," Miller concluded.
Jacobs also expressed dismay at not being informed of the action.
"I was caught totally by surprise," he said. "I actually think I was the last alderman to be notified of the Chief's suspension. I heard it from Mr. Miller, who called me at work Friday. I was totally shocked. I had no idea this was coming down. I really did not know what to think. I really felt betrayed. I am the longest serving member on this board. I have been police commissioner, but no one took the opportunity to discuss it with the rest of the board, or at least with Mr. Miller and myself, before anything was done. I just think that this is not good government. It does not smell like good government to me. I think it’s reprehensible that something like that occurred in a vacuum, without us being able to sit down together as ladies and gentlemen and discuss things. I'm not really aware of any problems at all with Chief Caplinger's performance. No one is perfect. I think the Chief has done a good job for us. The biggest complaint I have heard is about morale in the police department, which is a huge shock to me because we have only lost one police officer in almost five years. We've been retaining our officers. I would like to compliment the entire department. They have been doing a fantastic job. Even if morale is low, the department has been doing a fantastic job, in my opinion, under the Chief's leadership, be it good or bad. If you have a morale problem, I don't think firing someone is necessarily the way you address that every time. It's not always from the top that morale is set. I am truly bothered by the way this has gone down. I am truly bothered by the fact that it almost happened in a vacuum without input from other members of the board. I know this is a responsibility that the mayor does have. The mayor and the department head have the option to do that, but given the magnitude of this position, and given the fact that for ten years we've had a rotating chair in there with police chiefs, it's time it stopped. It's time we have a chief and allow him to build and run his department. If I am presented with evidence that shows that Mr. Caplinger has done something atrocious that deserves dismissal I might change my mind. But at the moment I think this has been a terrible rush to judgment, and I think it has been a slap in the face not only to Mr. Caplinger, but especially to this board, which is duly elected by the citizens of this city, and of course to the great citizens of this city itself," Jacobs shared.
Alderman Gayla Hendrix then reminded the board that the reason for calling the meeting was to discuss a severance package.
"I appreciate Mr. Jacobs and Mr. Miller's comments, but this is not a termination hearing. It's not a public forum. I was notified that the mayor, the administrator, and the commissioner did meet with the chief, that the chief expressed his desire to resign or retire, and that he asked for a severance package, which they do not have the authority to grant or deny, and that we were having a special-called meeting tonight specifically for that reason. There has been no reason for anyone to give us any kind of information of wrongdoing. Nobody has told me anything of the Chief doing anything wrong. The only thing I have heard is that he resigned or retired and asked for a severance package. We're here tonight, and people are bringing up things that are not on this agenda for this special-called meeting. What I understand is that his attorney has announced that he is withdrawing a resignation or retirement, whichever it was. Therefore we have no reason to meet," Hendrix said.
"My understanding is that he is not asking for a severance package at all tonight, and if he is not requesting that, then there is no other business that can be conducted tonight," City Attorney Vester Parsley added.
"I just want to make clear that I was never officially notified of tonight's meeting, but I did indeed know that this was merely a meeting to consider the severance package. I know we could not take any other action tonight. I just think the people have a right to know the way this was carried out. It was very distasteful to me. This is public policy. People have a right to know what is going on in government. It is an open meeting," Jacobs responded.
"I agree with you on that, Mr. Jacobs, and when we get to a due process hearing I think all of that needs to be presented to us, but at this point the only information I had was that the Chief was either retiring or resigning, and it’s none of our business why he would do either one. There is no reason to look into that today," Hendrix replied.
Cripps spoke up and reiterated that that Caplinger had not resigned.
No action was taken by the board, since the sole reason for calling the meeting was to discuss a severance package. The mayor’s next step is likely to be the delivery of a termination letter, after which Caplinger has seven business days to request a hearing before the board of aldermen, who may vote to overturn or support the action. Caplinger's request for a hearing must be made to the mayor, who then has five business days to respond. Poss said that if that transpires he will approve the hearing.
