Terrell Bolton – Merit Hearing, Day 4

Testimony of Terrell Bolton (Cross examination by Indermark)From Dallas to DeKalb

– Indermark asked Bolton” When Vernon Jones hired you, you were inDallas. You said he had to get your salary high enough to justify the move to DeKalb.” Boltonsaid they had discussions. Indermark asked what Bolton’s Salary was in Dallas. Bolton said “Idon’t recall. I had a private start-up company. I was a big city police chief.” Indermark askedBolton if he was terminated by Dallas? Bolton said “We argued that all the way to the SupremeCourt.” Indermark added “You lost right?” Bolton said he won the case, but was not awardedfinancially.

Discussion of Keisha Williams uniform

- Bolton said it was just like a Chaplain’s uniform.When Indermark asked if a Chaplains uniform had 4 stripes on it Bolton said he didn’t recall. Hedidn’t recall how many stripes his own uniform had. He also didn’t know what the stripessymbolized. “ In some areas it was years of service, in some areas it meant others. It depends”When Indermark challenged him saying “You are the police chief of DeKalb and you don’t know if the bands signify rank?” Bolton said “I have other things to worry about, shootings, crime.”(Bolton noted KW’s uniform said Director, and her badge said Ass. Director)

Discussion of Vernon Jones hiring Bolton as a merit protected employee who couldaccrue comp time -

Through

questions and answers Bolton said he was hired by Vernon Jones,was merit protected and didn’t really understand the rules and regs of the merit system “Well, Idon’t know, that would take legal analysis.” He said VJ promised comp time as part of hiscompensation package. Indermark asked if there was anything in the county code that promisedBolton comp time. Bolton said he didn’t see anything prior to being hired, but assumed theperson hiring knew the rules. Indermark asked if he got a letter from HR verifying his hire.Bolton said “Yes, but I don’t recall what it stated.” Indermark produced a January 12, 2007 letterwith Bolton’s initials on it. The letter showed 10 Holidays, (X) Vacations days, and 13 sick days.Indermark pointed out it did not promise comp time. Bolton quickly pointed out the letter wassigned by John Stone, not Vernon Jones. “My agreement was with Vernon Jones, not Stone. Hewas out sick and would not have known what Vernon and I agreed to. My entire discussion aboutmy benefits package was with Vernon Jones.” Phyllis Williams asked Bolton if he had anydiscussions with Stone after Vernon. Bolton said after he was hired he might have gotten a“Welcome to DeKalb” letter but he didn’t remember seeing the letter.

Comp Time Discussion

- Same points that have been stated numerous times with a few newitems. When Indermark stated Bolton accrued comp time, Bolton interrupted and harshly stated“I

EARNED

3 hours of comp time. I didn’t accrue it.” Indermark asked Bolton if he had accruedsick leave and annual leave (around the time frame of the Jan 09 graduation). Bolton said hehad accrued all sorts of leave by that time. Indermark reviewed, 85 comp days, 78 vacation day,and 200 sick leave days. When asked Bolton said he thought the sick/vacation/comp days rolledover he said “I think they do. Yes.” Bolton said he could use the days any way he wanted andwhen Indermark asked Bolton said he was the person who made the final decision of how to codeleave. Then added “I was an executive. I was not a clock punch person.” Indermark pointed outthat Bolton went on leave without getting response from Barker. Bolton said “I never heard fromhim while I was away. Didn’t hear from him until I got back.”

Terrell Bolton – Merit Hearing, Day 4

Indermark said “You said during your testimony with Mr. McKenney you kept good records (of comp time) because it was politically prudent?” Bolton responded “If I said it, I stand by it. Wewent above and beyond. I was an executive. Ms. Williams did the audit.” Indermark asked whathe meant by audit. Bolton said “She went back to look at records to see if there werediscrepancies.” Indermark asked if they checked for discrepancies when the media stories aired.Bolton indicated they did not.

Media Reports on Comp Time

– Indermark asked Bolton if he had seen the media reports.Bolton said “I never looked at those reports. Not until I went to a lawyer. But I don’t want tobring that up.” Indermark pressed for the name of the lawyer since Bolton did bring it up. Therewas an objection by McKenney and it was sustained. Bolton said he did not watch the mediacoverage because it was a report from a reporter who had been unfair (then indicating it wasDale Russell of Fox 5’s Investigative Team). He compared not wanting to watch the reports tolistening to the blues, he didn’t want to do it because it made him sad. He admitted he did see alittle of one report – his house in Dallas. Indermark asked if he changed his comp time practicesafter the media report. Bolton said “No.”

Utilizing Comp Time and Vernon Jones Relaxed Rules

- Upon reviewing a Jan. 24

e-mailfrom Bolton to Kimbrough stating he would be utilizing earned comp time for a trip Bolton freelyadded “I never said ‘Teacher may I’. I never did it in Dallas either. This was an old policy.”Indermark asked Bolton how much comp time he took in Dallas. Bolton responded “I don’tknow.” Indermark covered Vernon Jones relaxing the rules pertaining to utilizing comp time.Bolton said “He said he didn’t have time to read those things.” Indermark said “Vernon changedyour practice. He had that authority because he was the CEO?” Bolton said “Yes, he sure did.”Indermark asked Bolton if he knew what the police department policy was for comp time. Boltonsaid “It was what Vernon Jones said. I earned it, I kept it.” Indermark repeated the samequestion because Bolton had not answered the question he asked. Bolton said “I know there issomething there. Don’t know what it says. I went by what Vernon Jones said.”

Graduation

Bolton Goes off Program

– Indermark worked to establish that there was anorder to the program and order of presentation. And that Bolton went back to the podium afterthe CEO spoke of his new open door policy (rather than moving to the next item on the program– special awards) to address the cadets and attendees and say there was a chain of command.Bolton said “The program was just a guide. It was MY program.”

Keisha Williams Background

– Indermark asked Bolton when he first met Keisha. Bolton said“When she was a baby. I knew her parents from church. She was a little girl.” Indermarkestablishes with Bolton that Keisha had no training, no law enforcement background. Bolton said“She was like any other civilian, like the chaplains.” Indermark asked if Keisha’s previous job wasin the media. Bolton said “She was the smartest person I had on my staff. She had been on anaward winning show. She was very smart.”

Keisha Williams’ New car

– Indermark asked why Keisha was given a new car. Bolton said“During that time there seemed to be a disrespect for civilians – my Boss was a civilian. Some of the people in the circle were attacking her. Phyllis Williams asked “You gave her a new car toreplace her old car?” Bolton said “There was a lot of envy, a lot of bickering. It was not as youmentioned it, people were trying to get rid of her. People in the circle were attacking her.”

Terrell Bolton – Merit Hearing, Day 4

Indermark asked who was attacking Keisha. Bolton said “Karen Anderson asked me to get rid of her. Keisha was my Chief of Staff. They resented her because she was a civilian. I tried tosupport her in every way possible and prop her up.”

Chaplains

– indermark asked if Chaplains got fully loaded cars. Bolton said “They had asked forthem, but I didn’t have the funds and they were volunteers, not employees. But if I could have, Iwould have given them cars. To the responders.”

Chain of Command

– Indermark established chain of command by asking Bolton if he agreedwith Vernon Jones that the CEO manages the Police Department. Bolton said “Uh, yes. Heoversees it. Ultimately he is the CEO of the County.” Indermark said said “Essentially he is yourBoss?” Bolton agreed by saying yes. Indermark added “Not because he was Vernon Jones, butbecause he was the CEO.” Bolton wandered a little but finally said “Yes.”

Police Manual

– Section 3-2.8c was given to Bolton to review. Indermark asked Bolton if hewas aware if the policy reflected was accurate and in effect while he was Chief. Bolton said “Ican’t recall. We had payroll people. As a police chief….” Indermark interrupted and asked in avery surprised tone “You did not look up the Comp Time Policy? Bolton answered “I had anagreement with the CEO. I did not read it. Did not need to read it.” Indermark asked “Whatportions of the police manual did you read?” Bolton said “Any time I had a question.” Indermarkrepeated his question “What portions of the police manual did you read?” Bolton said “I’m notsure I read any, but if I was interested I did. I asked people. I was an executive.”Indermark asked if Bolton read the portion of the police manual dealing with County Vehicles.Bolton said “No, we operated and used tradition that was in place long before I got here.”(Phyllis Williams directs Bolton to answer questions and not to argue).Indermark asked “are policies in the police manual supposed to be followed?” Bolton said “Theyaffect certain people. I was an executive and I was unique.”Phyllis Williams asked what that (being unique) means. Bolton said “Certain things in the manualthat does not apply to me.” PW asks “How are you unique? Are you suggesting you didn’t haveto follow rules in the Police Department? Bolton said “Well, like lunch time.” PW said “We aren’there about lunch time. Are you saying you were unique as the manual relates to comp time?”Bolton answered “I had a special arrangement. An oral agreement with the CEO. He supersedesany rule or regulation.”Indermark asked Bolton if he knew what the policy is on County Vehicles. Bolton said “I neverread that. I issued an order and if there was a problem they would come back and tell me. I wasa police chief, you don’t have time to read the manual.”Indermark asked Bolton what the manual said about Chain of Command in absence of the PoliceChief. Bolton said “If you show me something I can yea or nay it.” Indermark showed Boltonsection 1-3.2 of the manual, Command During Absence of the Chief of Police and asked if it wasin effect in Jan of 2009. Bolton said “This doesn’t ring a bell to me.” He also asked aboutsections 1-3.6 Lawful Orders and 1-3.9 Conflicting Orders, 3-6.7 County Issued Property and 3-6.8County Issued Vehicles and asked if each were in effect in Jan. of 2009. Bolton answered “Notsure” to all sections.