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Cumby police chief Paul Robertson watches over Mayor Doug Simmerman as he explains an alleged unregistered police vehicle parked on Commerce St./ Screen shot
Open records, accessible files also among requests
Citizens criticized Cumby police for the second month in a row, this time during the citizens forum portion of the regular September meeting of the Cumby city council.
CITIZEN COMMENTS
Citizens Monty and Sheryl Lackey and Angela Lee appeared before the council and citizens to discuss issues with the police department.
Monty Lackey expressed concern with a city police property located on Commerce Street, which has not had any further development as required by Texas eminent domain law and now holds a nonfunctional vehicle whose registration has not been renewed since April 19, 2020.
Police chief Paul Robertson told Monty Lackey the vehicle lacked a working transmission and engine, which the department intended to repair. Furthermore, Robertson said, the police department “did use the property” and intended to further use it and fix up the grounds, but “it takes a lot of time” and “probably more money” and “it ain’t there just yet.” Robertson did not address the alleged violations of Texas eminent domain law and Texas transportation code 502-001-36.
Monty Lackey inquired “can we anticipate a release of the body camera footage on the Clyde Barrow [Sabastian Wade] situation.” The council did not respond to Monty Lackey. Sabastian Wade alleged on March 9, 2020 on social media and later on May 9, 2020 in the News-Telegram he had been the subject of police violence at the hands of Robertson.
Robertson declined to make a statement in print. The News-Telegram requested body camera footage of the arrest, but the city petitioned the attorney general to allow them to withhold the footage, stating it was part of an ongoing investigation. Read more “Cumby police chief accused of excessive force.”
Lackey also stated there was a motor vehicle accident on Aug. 21, 2020 on Frisco Street.
“Have we got any further with the investigation on it [the accident]? Monty Lackey asked.
“Why were the property owners not notified?” asked citizen Angela Lee. Lee is a property owner near the alleged accident, she said. “We have property there and no one notified us. Are y’all going to clean up the mess of a wreck no one notified us about? And the damages? It seems we get left out on those things. We try to be neighborly but the least they [police] could have done is come and knock on our door. We’ve got fence damage and tree damage and it upset us that no one bothered to notify us. Or was it a hush deal?”
Mayor Doug Simmerman said he “didn’t think that was the situation,” but he would “have to do some research.”
“I agree, I think you should have been notified,” Simmerman stated.
Citizen Sheryl Lackey stated she had completed an open records request on Aug. 12 for tickets issued by Cumby PD for the past three years, as well as posts on the Cumby PD Facebook page.
Due to the wedding of one municipal employee and the quarantine of another due to COVID-19 exposure, the city notified Sheryl Lackey they needed more time to compile her request, she told the council and citizens.
Per Texas Open Records laws, an entity has ten business days to respond with responsive materials to an open records request. This would have occurred on Aug. 24, Sheryl Lackey stated. According to Sheryl Lackey, she believes she made the request of Cumby PD, not the municipal employees, she said.
“I do not understand why the chief of police was not able to work on my request,” Sheryl Lackey stated. “I would like to know how much more time to give the city on my open records request before I make a formal complaint to the attorney general’s office.” Sheryl Lackey did not receive a response to her question.
AGENDA ITEMS
Regarding the agenda item concerning placement of personnel records, council member Julie Morris expressed concern that all city personnel records were stored in the locked police headquarters and were only accessible by Robertson and other police personnel.
“Codi [Reynolds, city secretary] can’t see anything if it’s a different part of the office from her,” Morris pointed out. “If she needs something out of those records, she can’t get it. She’s got to call Paul [Robertson] or whoever.”
Robertson stated Codi Reynolds “had never asked for that” and Morris said she “begged to differ.”
Furthermore, Morris said she “didn’t feel like the personnel records of the police department should be located in your [Robertson’s] hands.”
“If I come in and file a complaint on you, [Robertson], what happens to that complaint? Does it go straight in the trash can because Paul doesn’t want anyone to see the complaint?” Morris asked.
City attorney Jay Garrett instructed those assembled to make three copies of complaints against the police department: one for the complainant, one for the city office and one for the police department.