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ORPD review expanded to include all employees, some former workers

Posted at 11:18 am April 23, 2015
By John Huotari 18 Comments

Oak Ridge Police Department Cars

But MTAS will have to agree to changes

The review of the Oak Ridge Police Department has been expanded to include interviews with all employees. The review could also include interviews with former employees who have left the Police Department since Police Chief Jim Akagi started almost four years ago.

Initial plans had called for a limited review of the Oak Ridge Police Department and interviews of a random sample or cross-section of employees.

But the Oak Ridge City Council expanded the review during a special meeting on Tuesday. That special meeting was called after concerns were raised about the initial list of randomly selected interviewees being sent to the police chief, city manager, and all Police Department employees, which raised questions about the impartiality and confidentiality of the review.

By one estimate, the expanded review could include interviews with more than 100 people. And it’s not clear if the Municipal Technical Advisory Service at the University of Tennessee will agree to the expanded review, or if they might charge the city.

The City Council agreed to expand the review during a three-hour special meeting on Tuesday that included criticism of MTAS, accusations of collusion between Council members, and an attempt by Council member Trina Baughn to have resident Joe Lee, one of her chief critics, stop taking pictures during a public comment session.

MTAS, a generally well-regarded agency that has helped the city on other earlier projects, had initially agreed to do a limited 30-day review of the ORPD at no charge to the city. It would have included interviews with a randomly selected group of Police Department employees, other city employees and officers, and possibly community leaders not directly employed by the city.

But since City Council changed the terms of the contract during the special meeting on Tuesday, it will have to be renegotiated. The review, which has been discussed at a half-dozen meetings since February, would still focus on ORPD turnover, morale, and administrative policies.

If MTAS does not agree to the expanded review, the city might have to start over.

Oak Ridge Mayor Pro Tem Ellen Smith, one of two Council members who opposed the expanded review, said she has discussed samples and cross-sections with MTAS Police Management Consultant Rex Barton, who would conduct the review.

“The rationale with not talking to the entire department has to do with time and MTAS resources,” Smith said. “They don’t have the resources to interview every member of the department.”

Asking MTAS to possibly interview more than 100 people is a “large burden,” Smith said, pointing out that it would include taking notes and developing a report in addition to interviewing employees and former officers.

But a few City Council members said there had already been a misstep in the review, and the original process “fell apart” when Barton transmitted the names of interviewees to the chief.

“There was just too much confusion about what the random selection meant,” Oak Ridge City Council member Charlie Hensley said. “Then, we end up getting the breach of confidentiality that everyone in the room wanted to maintain.”

After the MTAS “foul-up,” and to be fair, Hensley said, the best thing to do was to interview everyone.

“I’m tired of the city being accused of hiding,” Hensley said.

He made the motion to interview all ORPD officers and employees, and attempt to interview those who have left since Akagi started in 2011. The motion was seconded by Baughn, who had earlier proposed requiring all employees to meet with the investigator, regardless of whether they wanted to say anything.

Council member Kelly Callison first proposed the MTAS review in February. It was approved during a March 27 special meeting, and the contract signed April 9.

But Callison proposed some updates this week after the first list of 20 interviews was sent to the police chief for scheduling purposes last week. Among Callison’s proposed changes: Start over with a new random list and determine a point of contact in the Police Department who can help coordinate the schedules of officers participating in the interviews, someone other than the chief.

“I think we got off on the wrong foot on this issue,” Callison said.

Although he ended up voting for the expanded review, Callison defended the use of a smaller cross-section or random sample. He said it’s a scientifically proven method. And he said he thinks MTAS can maintain the anonymity of those who participate in interviews with Barton, a former administrative police captain in Athens, Tennessee, who has done some 50 similar reviews across Tennessee.

“He has assured us that anonymity would be maintained, and you would not be able to determine who was making the comments,” Callison said.

But others continued to have questions about confidentiality and anonymity.

Oak Ridge City Attorney Ken Krushenski said any requests made for records possessed by MTAS would have to go through the UT Office of General Counsel. Tennessee is an “open records state,” and it’s not clear that anonymity or confidentiality could be promised whether MTAS or a private firm does the review, Krushenski said.

“I don’t believe we’re in a position to guarantee anyone confidentiality or anonymity,” he said.

Baughn said MTAS documents will be subject to the state’s Open Records Act.

“The law pretty much says that whatever paperwork they come up with is pretty much open to public scrutiny,” she said.

Some like Callison and Smith defended MTAS, while others were critical, including Baughn. She said it’s very clear that MTAS has a conflict of interest and is not qualified.

“It’s all been tainted,” Baughn said. “It’s all been compromised.”

James T. Akagi

James T. Akagi

ORPD Detective John Criswell said MTAS had let down City Council and the Police Department, and like Baughn, he said the review is already tainted.

“Nobody’s ever going to be happy,” he said.

The right thing to do, Criswell told City Council, would be to hire a private investigator.

Later in the meeting, Baughn proposed doing that by terminating the MTAS contract and soliciting bids from investigators. But her motion did not get a second from any other City Council member, so it was not considered.

Voting to expand the MTAS review to include all ORPD officers and employees, and possibly former employees going back about four years, were Baughn, Callison, Hensley, and Council members Rick Chinn and Chuck Hope.

Voting against it were Smith and Oak Ridge Mayor Warren Gooch.

Chinn and Hope both suggested that all employees ought to be given a chance to talk.

Trina Baughn

Trina Baughn

“I think all employees ought to have equal time, whether they choose to use it or not,” Hope said.

“This process needs to move forward,” Chinn said. “We need to get on with the city’s business.”

Gooch, who, like a majority of Council members, had objected to the earlier proposal to require all ORPD employees to participate, said he preferred random selection, pointing out that it would help move the process along.

“No one should be compelled to give comments or to testify,” he said.

But he also wanted to help create a process to obtain input from other officers and citizens, possibly through outside counsel.

“I certainly want to allow other people to comment,” Gooch said.

During the meeting, Council also agreed in a 6-1 vote to designate the city’s human resources director as the point of contact for MTAS, allowing her to provide officer information to MTAS. That amendment, proposed by Gooch and seconded by Hensley, would have MTAS contact the officers on duty. Several Council members said officers need to be paid for their time when they are interviewed by Barton, and supervisors will have to know where they are.

Kelly Callison

Kelly Callison

Baughn cast the only vote against the motion, saying she was “very uncomfortable” with having HR coordinate.

Also during the meeting, Council agreed to establish a temporary email account that could allow other interested residents to provide input. Some citizens and former officers have said they would like to weigh in. Emails would only be considered from those who provide their name and full address, including city. They would be monitored, reviewed, and assembled by an MTAS affiliate and submitted to Barton for possible inclusion in the MTAS report expected to be issued at the end of the review.

Watson said that decision moves the review out of the technical realm and into the political.

Five Council members voted for it, and two—Baughn and Smith—voted against it.

Smith said the MTAS review is a limited internal review, and she didn’t think the public has “anything significant to offer about the internal workings of the department.” Asking the public to comment on the internal affairs of the Police Department is asking for hearsay, she said.

Charlie Hensley

Charlie Hensley

“I don’t think we need hearsay,” Smith said. “We’ve gotten a lot of that already.”

Baughn said there has been ample public input, and she asked why it is still needed. She agreed with Smith that it’s not clear that citizens can add information about the internal workings of the Police Department.

But Hope said the review has become “too big of an issue,” and the city needs to allow comments, both positive and negative.

Callison added that some people who might want to provide public input haven’t been able to attend the City Council meetings so far.

Questions about collusion, camera use

The meeting featured some tense exchanges between Baughn and other Council members. Baughn raised a question about whether three Council members “colluded” on the MTAS proposal, and she repeated a suggestion that the process used to approve the review might have been misleading. And she tried to prevent Lee from taking pictures, although that request was denied.

Callison defended his MTAS proposal, which Baughn suggested had been rammed through with no solicitation.

“Nobody else brought another solution,” Callison said. “I’m not pushing MTAS. I saw it as a viable, inexpensive solution.”

Ellen Smith

Ellen Smith

He pointed out that a majority of Council members voted for the proposal, and it’s a potential solution, helping the city to avoid getting “stuck in quicksand.”

“All of the things I proposed are ways to get it done,” Callison told Baughn. But the city is now “letting a small set of voices drive us,” he said.

Baughn pressed Callison on the question of who he was referring to in a February meeting when he used “we” to describe his discussions with MTAS, seeming to want to know who, if anyone else, might have been involved.

“Who is we?” Baughn asked. “This entire effort appears to be a coordinated effort to mislead the public.”

Callison, a corporate executive, said he uses the corporate “we” all the time. In this case, it was just “me, myself, and I,” Callison said. He said he learned about Barton from Margaret Norris of MTAS.

“No one else was with me when I reached out to MTAS,” he said.

Warren L. Gooch

Warren L. Gooch

But Baughn suggested that Callison, Chinn, and Smith, who all attended a recent MTAS training session, might have colluded, going to MTAS and talking about what they did.

But Chinn and Smith both said it was a training session attended by other people from across East Tennessee, including Johnson City. They said they first heard about Barton during a City Council meeting on February 9.

“There was no collusion at all in that meeting,” Chinn said, referring to the MTAS session. “That was a training meeting.”

If you look at the Council votes on the ORPD review, Chinn said, you’ll see that there is no chance of collusion.

“This is absolutely not anything involving collusion,” Smith said.

She said Callison did a service for Council, doing research on Barton and MTAS.

Chuck Hope

Chuck Hope

“The notion that he was violating the open meetings law by getting information outside a meeting is crazy,” Smith said.

Baughn apologized to Chinn and Smith for her reaction.

“I do not mean to infer that the two of you were part of a coordinated effort,” she told Chinn and Smith. But she did not apologize to Callison, saying she was still trying to get to the bottom of his use of the word “we.”

As Baughn pressed this point, Hensley objected.

“You’re never happy,” Hensley told Baughn. “You always want more and more. You spew negativity like a leaking garden hose.”

At that point, Gooch ruled Hensley out of order.

Rick Chinn

Rick Chinn

Baughn objected to Lee taking pictures during one public comment period. She alleged he was taking pictures to intimidate.

But Gooch declined Baughn’s request to stop Lee, pointing out that there was a videocamera in the back of the room. That camera was positioned behind a row of residents who have generally been more supportive of Baughn’s positions.

Hope pointed out that Council meetings are open government meetings.

“Everyone has the right to videotape, to take pictures,” Hope said. “There are several people that have cameras in the audience.”

Review focuses on turnover, morale, policies

The heated debate over the Police Department has roiled the community for weeks and formed a divide between those who support Baughn and her efforts to investigate the department and its chief, and those who think she’s engaged in a “witch hunt.” The debate has continued unabated in several social media groups, with a particular emphasis on a temporary order of protection issued in Blount County at the request of Akagi’s ex-wife about three years ago and dismissed two years ago.

It’s not clear if there has been a review of this type in Oak Ridge before, or if the section of the City Charter used to approve it has ever been used before.

Some residents have started to ask what, specifically, is the primary issue in the ORPD now and whether it’s systemic. City Council has already decided not to investigate some specific allegations, claims, and questions, including about the order of protection, that have been raised by Baughn, former Police Chief David Beams, two anonymous writers, and five former officers in meetings, letters to the editor, emails, and one personnel grievance.

That appears to leave the more general issues of turnover, morale, and administrative policies. Current police officers have said they can’t discuss the specific “nuts and bolts,” but generally speaking, they said, there is an issue with turnover, morale, and how policies are applied.

Callison has said the MTAS review could “tease out” other issues.

During Tuesday’s meeting, Baughn returned to the issue of turnover, saying it had been 40 percent over the past 3.5 years.

“Part of that turnover contacted us and expressed their concerns,” she said. “They’re concerned with getting a fair shake.”

Several Council members said city officials need to find a solution to resolve the issues.

“This community needs for us to move on and talk about other city business,” Smith said, pointing out that the three-hour special meeting on Tuesday was preceded by a work session where all the other city departments had a total of 30 minutes to discuss their work.

“We can’t change what happened in the past, but we can change the future,” Smith said. “We need to move forward. (MTAS) can do the job.”

Baughn suggested she doesn’t necessarily see a “need for speed.”

“This community needs transparency and accountability,” she said. “They don’t need this pushed under the rug.”

Filed Under: Front Page News, Government, Oak Ridge, Oak Ridge, Police, Police and Fire, Slider, Top Stories Tagged With: administrative policies, Charlie Hensley, Chuck Hope, City Charter, David Beams, Ellen Smith, Jim Akagi, Joe Lee, John Criswell, Kelly Callison, Ken Krushenski, Margaret Norris, Mark Watson, morale, MTAS, MTAS review, Municipal Technical Advisory Service, Oak Ridge City Council, Oak Ridge Police Department, Open Records, ORPD, ORPD review, review, Rex Barton, Rick Chinn, Trina Baughn, turnover, University of Tennessee, Warren Gooch

Comments

  1. Matt Bailey says

    April 23, 2015 at 12:32 pm

    Let’s see if we can put some perspective on Ms. Baughn’s arguments.

    1) Butch Jones got rid of a bunch of under performing football players and three years later the Vols might play for a conference championship. That seems like a marvelous achievement.
    2) “Supposedly” 35% of the old PD officers left. (A rounded number of all of her claims). Yet, the crime stats say our crime is down 50%. (From WBIR and “sources” who speculate that the new crime figures will be even better).

    So, a bunch of rookie cops helped lead the charge to achieve this INCREDIBLE turnaround. What did the old cops do? Apparently, no much. It would appear ex-Chief Beams did less. Maybe some of the departures were warranted. Maybe some retired, burned out, who knows. If I was one of the remaining cops, I’d be impressed my boss could get more with less!! AND, I’d get on board right quick!

    If these rookie cops came in at a lower salary, the Chief got great results at a lower cost. Please explain how that is bad? Maybe he should tell the rest of the city how he did it.

    Ms. Baughn doesn’t like the schools, the Superintendent, the City Manager, the PD Chief, or apparently anyone who doesn’t realize what a gift to the city she must think she is. Every week it’s the “Trina show”. After watching this show multiple times it’s apparent she has no background in teamwork and doesn’t care that her inflammatory verbiage cuts through the room like a chainsaw. Evidence proves she’ll accuse anyone of anything at any time. Her accusation of collusion was damaging to everyone. Her apology was weak. Let’s hope the Chief stays a long time. Let’s hope Trina doesn’t.

    Reply
    • Melanie Heiberg says

      April 23, 2015 at 1:46 pm

      I think the chief of police should get praise where praise is do but the crime rate has dropped dramatically across the nation spurring every type “statistics group” out there to give their 2 cents on why. I would personally have a hard time believing that the turn over rate was largely due to poor performing officers that needed to leave the force. I would assume that there would be data to back that up. That would be speculation without direct knowledge at this point . I look forward to the review getting done and people’s own stories with their own words are heard. If we are to believe everything you are saying then we should look forward to a positive review.

      Reply
      • Matt Bailey says

        April 23, 2015 at 2:05 pm

        Hi Melanie. I enjoyed our conversation the other night. I don’t think the Chief should get all the credit, nor all the blame. Let’s be honest, there are probably as many reasons to leave as there are officers who left. That’s likely a conversation due to privacy laws we’ll never know, but one that the review likely will cover. I think it’s fair to believe that any review would find areas that need to be addressed. I’d be surprised if it didn’t. No one thinks things are perfect. Few believe it’s all as bad as some portray. I’d hate to have to find a new Chief who would want to follow the situation some have created here. A 50% improvement is pretty dramatic. He likely hurt some feelings, clamped down on some things, maybe ran a few folks off, some probably need to leave. It happens everytime leadership changes.

        Reply
  2. Joseph Lee says

    April 23, 2015 at 3:53 pm

    It looks as if WE will be getting more of the same from some.
    After the display Monday night it is absolutely clear to me Baughn and her band of supporters have one thing in mind. They preach transparency and accountability but the end game for them is to disrupt the Oak Ridge city government by tying it up in knots with one unnecessary manufactured crisis after another. They could care less about our future and are holding this city down by playing this big game of small ball.
    Please consider this. The unfortunate result of this behavior is important things that need to be focused on are not getting the attention they deserve. This mob of negatively motivated individuals is in effect creating a government shutdown in our city. I object.
    I am disappointed that so much of our time has been wasted in this manner and lies told by Ms. Baughn get excessive exposure in the media. I believe it’s time for Oak Ridge City Council to revisit the censure of Councilwoman Trina Baughn.
    I’ve had enough. Thank you.

    Reply
    • Matt Bailey says

      April 23, 2015 at 8:04 pm

      No argument here, Joe. It’s the same old bad behavior meeting after meeting. If this was your 2-year old child, you’d take her outside the building. I am continually shocked by her public displays of temper, rude verbiage, and disdain for fellow council members. How anyone can defend this kind of behavior, time and time again, is beyond me. It’s embarrassing to all who witness it.

      Reply
  3. Mike Mahathy says

    April 23, 2015 at 10:40 pm

    To Council, please have faith in each other and respect.

    http://mikemahathyoakridgeboe.com/2015/04/23/good-faith-collusion-and-civility/

    Reply
  4. Dave Smith says

    April 24, 2015 at 9:39 am

    “By one estimate, the expanded review could include interviews with more than 100 people.”
    and
    “Several Council members said officers need to be paid for their time when they are interviewed by [MTAS].”

    If interviews are conducted with 100 city employees, and the interviews are conducted during work hours, and the interviews require 2 hours of disruption for each employee, and the average hourly cost to the city for each employee is $15, then interviewing all these employees might cost the taxpayer in the neighborhood of $3000. Thats a lot of “pennies,” especially when I consider that many employees might not want to participate in the interview process and money spent on them would be doubly wasted.

    Reply
    • Sam Hopwood says

      April 24, 2015 at 10:05 am

      The answer, of course, is for Chief Akagi to resign, ride off into the sunset flanked by his two attorneys and with the Order of Protection firmly in his hip pocket. Problems solved.

      Reply
      • Matt Bailey says

        April 24, 2015 at 12:21 pm

        Except that the crime rate is down somewhere between 30% and 50% …so why would we WANT him to resign? Jimmy Hyams, sports guru in Knoxville estimated that Butch Jones had about the same percentage of players leave one way or the other. And most fans feel pretty good about the direction of the football program at UT. Since the DA David Clark has already expressed an opinion that the Chief didn’t violate his court mandated actions, then it would appear there’s NO reason for him to resign, at least until the review is complete. We all know Ms. Baughn’s propensity to create falsehoods, so why would we reward bad behavior? We don’t tolerate it in kids, why would we with an adult on City Council? Don’t you wonder why ex-Chief Beams didn’t have these kinds of results?The real answer is for Trina Baughn to resign. Or be forced out.

        Reply
        • Sam Hopwood says

          April 24, 2015 at 12:56 pm

          The crime rate is down all over the country. This is not a football game Matt. When Mark Watson came on board 1/3 of the city employees did not leave. Explain that one to me. It is amazing that with all the emphasis on domestic violence that you and Joe and a few others simply brush off Akagi’s threats to his former wife. I for one do not want a police chief who has that kind of temperment and it is pretty clear that it has affected his treatment of OR police officers. He is damaged goods and needs to move on for the good of our little village. Resign and ride off into the sunset chief.

          Reply
          • Matt Bailey says

            April 24, 2015 at 2:27 pm

            My comment about football relates to leaders leading. Thoughtyou would’ve understood that. Turnover isn’t always bad.
            We’ve heard one side of the divorce story. She was a cop and knows how the system works. I’m betting harsh comments were made on both sides. Isn’t that true in many divorce cases?
            You seem a little scared of the review. Are you afraid it won’t be as bad as you hope? Or have u already made up your mind without any facts? Due process is a right we all enjoy. Try it.

          • Sam Hopwood says

            April 24, 2015 at 3:28 pm

            Not even a good try, Matt. You can usually muddy the waters better than that. The chief is damaged goods and any review/investigation will show that, but it’s good to see that you agree with Trina that the investigation needs to be done. Perhaps you will even join the landslide and vote for her if she chooses to run for re-election. Meanwhile, resign Chief Akagi and ride off into the sunset. You can even take Matt and Joe with you.

          • Joseph Lee says

            April 24, 2015 at 4:06 pm

            Say Sam, like it here. I think I’ll stay. Thank you.

          • Matt Bailey says

            April 24, 2015 at 9:05 pm

            And yet all her hand picked candidates for the recent election got spanked. Sam, did you see the election results or were out of the country? You gotta stay current man. She lost all the votes at the Friday night council meeting. And this week as well. I’m starting to question your grip on reality here. I’m a little concerned about you. These are facts. Put that kool aid down.

          • Joseph Lee says

            April 24, 2015 at 3:25 pm

            Sam, the relationship Chief Akagi has or had with his former wife is none of your business. It is also none of my business. And, as sure as the sun shines it is none of Trina Baughns’ business or the business of her followers. Have you got it now or do you want to go over this one more time? I’m game. It is nothing less than shamefull to go there in the first place. You bring disgrace upon yourself and our city to dwell on this irrelevant topic. Move on or continue to make a fool of yourself. I could care less.

          • Sam Hopwood says

            April 24, 2015 at 3:50 pm

            An Order of Protection against the Oak Ridge police chief should be EVERYBODY’S business. It’s a pity that you can’t see that, but then, that should not be a surprise to anyone.

          • Joseph Lee says

            April 24, 2015 at 4:23 pm

            Sam, feel free to continue to make a fool of yourself. Thank you.

      • Joseph Lee says

        April 24, 2015 at 12:28 pm

        Sam, nice try, wrong bate. Trina Baughn should be the one to resign. She started this mess and is the one that should end it. Now that the citizens of this community have gotten a good look at what she is all about, they don’t like what they see. There is no way she will ever be elected in this city again and has proven time and again that she is unwilling to work with others in a constructive manner. If she dose not step down then she will be pushed aside. Dream on Sam.

        Reply

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