Council members warned to change action
San Jacinto News- Times - October 2009

COLDSPRING – Warning Shepherd City Council members what they will be facing if they don’t do what is right, law enforcement attorney Greg Cagle of the Texas Municipal Police Association said, “This is not a threat and it is not a game.” Cagle was referring to action the council took recently to cut the 2010 budget by removing seven employees, including the new chief of police Chris Simmons. Monday night’s meeting to reinstate the police department’s budget was the last process toward the city of getting Simmons reinstated as police chief before going to court. Representing Simmons, Cagle said, “We have 90 days from the time of termination to fi le a civil suit against the city.” Simmons position was terminated when the new budget went into effect on Oct. 1. During the meeting, Cagle told council members that a whistleblower’s suit will be fi led against the city. “We’re not going to rehash the facts because you all know them,” Cagle said. “We will be seeking what we can in the suit.” As Cagle talked the three councilmen whose vote eliminated the police department’s budget – Derlin Barnhill, Waid Williams and Kevin Thoms – sat emotionless refraining from making eye contact with the approximate 60 people in the council room. “This is not a game. It’s all business. There will be a jury judging you just as you have judged him,” Cagle said, pointing to Simmons.

“If you want to make it right, now is the time before you have to answer some tough questions in Coldspring under oath,” Cagle told council members. “This is not a threat and it is not a game. You sit in control tonight. Make it right,” Cagle said. “You eliminated his (Simmons) position under the guise of a budget defi cit and I don’t think that’s the cause,” Cagle said. Cagle told the council they had better be able to show it was indeed a budget defi cit. “We’ll be picking a jury from people just like these here tonight,” Cagle warned. Following a brief closed session while council members considered attorney-client confidential advice, council members returned in open session to consider and take action on Simmons’ grievance regarding reinstatement of the police department budget. Councilman Cindy Diese made the motion to reinstate Simmon’s position but it failed for lack of a second and the meeting was adjourned.

During budget hearings in August, Shepherd Mayor Pat Lunsford, who vetoed the city budget after Barnhill, Williams and Thoms passed one that cut more than $300,000, said “We have money to balance the budget without raising taxes. We don’t have to cut anything. The city is not broke.” Councilman Kevin Thoms has been criticized by many for voting on the budget that terminated Simmon’s position because Simmons has pending litigation against Thoms. Thoms has defended his right to vote on the budget regardless of his arrest by Simmons for selling pirated videos earlier this year. He was later indicted on the charges.