New Boston could fire police chief
Special meeting set to consider King’s fate
NEW BOSTON, Texas—The New Boston City Council announced Monday the setting of a special meeting to consider firing Police Chief Tony King.
A letter signed by three of the council’s five members—Jackie
Laney, Joe Dike, and Richard Ellis—was sent to Mayor Johnny Branson on Monday asking for him to call a special meeting for noon Friday to “consider and act on a resolution to remove the Chief of Police for lack of confidence.”
King’s suitability for employment came into question in March after he fired Lt. Johnny Millwood without a written explanation as required by law. At its regular meeting March 20, the council unanimously voted to reinstate Millwood and place him on paid administrative leave until an investigation into the police department could be conducted by the Texas Rangers.
Millwood’s lawyer, Butch Dunbar of Texarkana, complained at the council’s regular meeting April 17 that King was refusing to clear Millwood’s record with Texas Commission on Law Enforcement. Dunbar said at the April 17 meeting that Millwood’s TCOLE records continue to show him as having a negative separation March 9 from the New Boston Police Department through King’s filing of an “F-5” document.
Dunbar said King’s refusal to reinstate Millwood with TCOLE amounts to a refusal to follow the council’s order that Millwood be reinstated. The council voted April 17 to order King to address the issue with TCOLE and return Millwood to the same status as before King fired him March 9.
Dunbar said King has not complied. Rather than rescind Millwood’s separation from the department filed March 9, King changed Millwood’s status effective April 19. Dunbar said the change means Millwood is deemed by TCOLE to be a peace officer with New Boston but leaves a gap in Millwood’s service record between March 9 and April 19 and the negative separation filed March 9 remains.
In a letter King wrote dated April 19 to the council, mayor, city secretary and City Attorney Mike Brock, King appears to parse words.
“I received a letter today from Mike Brock stating that I was ordered to reinstate Johnny Millwood during the March 20, 2018, city council meeting. That is incorrect, you might should listen to the recording. The City Council nor anyone else directed me to reinstate Johnny Millwood with TCOLE. Therefore I have not disobeyed a directive from the city council nor will I as long as it is within the law. I have taken the steps necessary to reinstate Johnny Millwood to his prior status through TCOLE without lying and saying the F-5 was filed prematurely like you suggested in your letter Mr. Brock. Lying on a government document is a crime and you should know that being the city attorney,” King’s letter April 19 states.
King goes on to say that he doesn’t believe reinstating Millwood is good for New Boston though he doesn’t state why.
“I am only doing this under duress for fear of losing my job,” the final line of King’s letter states.
Dunbar said “F-5” documents are commonly withdrawn as having been filed prematurely when an officer is, for example, reinstated following a termination after an appeal or review process finds they should not have been let go.
Dunbar said King has never given any reason for his March 9 firing of Millwood and that Texas law requires a written explanation of the grounds for termination be created. Dunbar said he requested a copy of Millwood’s complete personnel file last week. Dunbar said the law is clear that a police officer is entitled to a copy of their own file. King said he would not arrange for Millwood to have a copy of his personnel file until King returns to work April 24 from a medical leave, Dunbar said.
King’s conduct as chief has come under scrutiny reasons other than his firing of Millwood.
Dunbar provided the Gazette with a copy of a cellphone screen shot of a sexually oriented text message King allegedly sent Millwood at 3:03 p.m. Thursday, Oct. 12, 2017. The message includes a photo of three young women clad in bikini tops standing together. Two of the women are wearing bottoms, but the woman in the center is not, and the image was altered to make it appear she has male genitalia.
The text King allegedly sent Millwood along with the picture states, “The girl in the middle said she knew you.”
Citizens have complained that King is discourteous and that he has made arrests without probable cause.