V. Hugh Lewis II/Jefferson Jimplecute
The City of Jefferson was found to have violated the Texas Open Meetings Act in connection with the dismissal of former Jefferson Police Chief Jason Carroll.
Last week’s trial in Federal Court in Marshall saw a jury awarding Carroll $50,000 as a result of the violation and the dismissal of all other claims Carroll brought against the city and individual Council members at the time.
Jefferson Mayor Rob Baker said he, and the City, had no comment at this time on the decision.
Carroll, in his fourth amended petition, sued the City, Victor Perot, Jim Finstrom, Tyrani Braddock, David Westbrook, Robert Baker, Sara McKinnon, Michael Martin, and the Michael D. Martin Law Office. The individuals were sued in their official capacities and individually.
Carroll was dismissed as the Jefferson Police Chief June 22, 2020, following a special City Council meeting regarding his sharing of an “insensitive” meme on FaceBook. Carroll was named the interim chief in December 2019, and the official chief in March 2020.
Carroll claimed the meme was “political satire” similar to other posts he had made over the last several years.
During the June 16, 2020, Council meeting several individuals spoke during public comment to protest Carroll’s posting of the meme, including Braddock. A special meeting was held on June 22, 2020, for Council to meet in Executive Session to “discuss and consider and/or approve voting on action concerning Police Chief complaints.”
During the Executive Session, Council discussed and called Carroll in to speak with them and was offered the choice of resigning or be publicly terminated.
According to a deposition of Perot, Perot stated “after I asked the city council, … Would you be in favor of allowing him to resign versus us terminating him.”
Under the Open Meetings Act, no vote or straw poll, or any decision can be taken or made during an Executive Session.
The City’s official recording of the Executive Session on June 22, 2020, was damaged, and could not be used, and no Certified Agenda existed for the meeting. One or the other is required for an Executive Session.
The case was originally filed in Marion County District Court, but was transferred to Federal District Court in Harrison County. U.S. Magistrate Roy Payne oversaw the trial and issued the judgement determined by a jury.