Smithville Police Chief Randy Caplinger has been sent a termination letter by Mayor Jimmy Poss. has fired and cites eight reasons for the termination.
Poss placed Caplinger on suspension without pay pending termination on March 13. The decision to terminate him came after local attorney Sarah Cripps, who is representing the embattled chief, announced during a special meeting of the city council on March 17 that the chief would not resign, and that he planned to fight the move to fire him.
Poss gave eight reasons for firing the police chief in the March 19 letter, saying that Caplinger’s "…actions and performance has had a negative impact on the Smithville Police Department since I was first elected Mayor in 2012, and can no longer be tolerated. I have lost confidence in your ability to lead the Smithville Police Department in a positive direction. As a result, your employment as Smithville Police Chief is being terminated immediately."
Cripps soon fired off a letter in response to the mayor’s missive, saying "Chief Caplinger categorically denies all allegations contained in your March 19 correspondence, and respectfully requests that he be afforded a full and fair due process hearing before the three-person board or commission and, in the event of an adverse ruling against him, before a plenary session of the mayor and board of aldermen."
Cripps contends that Caplinger has no reprimands or disciplinary reports in his file during his tenure as chief.
"Chief Caplinger’s counsel have conducted an exhaustive review of his personnel file tendered to us by City Administrator Hunter Hendrixson on the afternoon of Monday, March 23. Significantly, the personnel file of Chief Caplinger is replete with certificates of commendation issued to him during his thirty year tenure with the State of Tennessee as a law enforcement officer with the Tennessee Department of Revenue and subsequently with the Tennessee Highway Patrol. It is noteworthy that a thorough and exhaustive review of Chief Caplinger’s personnel file reveals that from May 3, 2010 until Chief Caplinger’s summary suspension without pay on March 13, 2015, he has never been the subject of any disciplinary action instituted by the City of Smithville and has never been issued any written reprimands by any officials with the City of Smithville."
The mayor’s reasons for Caplinger’s termination are as follows:
• Lack of leadership and loss of morale by your officers.
• Inability to work with other law enforcement agencies.
• Violation of Smithville Personnel Policies Section X (A) (1), (verbal harassment.) (Caplinger is accused of verbally harassing members of his department.)
• Violation of Smithville Personnel Policies Section IX (I) (Misuse of City Property). (The mayor alleges that Caplinger used space inside city hall to teach gun permit classes without paying the required fees.)
• Violation of Smithville Personnel Policies Section IV (M) (Outside Employment) (The mayor alleges that Caplinger continues to be on the payroll of a private company (Smithport Cabinetry) and has an office at that company, which violates city policy unless approved.)
• Excessive Absenteeism. (The mayor alleges that the chief had 27 unaccounted for work days during the first 10 months of 2014, and that the E-911 office’s records show 62 work days without going out of service, and 10 days without going in service. A two-month video audit of city hall from January and February of this year allegedly revealed Caplinger was at city hall less than 20 hours a week on average.)
• Misuse of the Confidential Drug Fund Debit Card. (The mayor alleges that Caplinger used a Drug Fund debit card to make personal purchases on two different occasions, but also says that Caplinger said the card was used by mistake, and that the city was reimbursed on both occasions.)
• Non-Use of the departments two U.S. Military Surplus issued Humvees. (The mayor said that he has repeatedly requested that the vehicles be put to use.)
"I have been approached by a majority of your police officers since I was first elected about the lack of leadership in their department, and I feel that your extreme absenteeism and lack of effort to better your department has resulted in low morale under your leadership. Your officers have expressed to me numerous times that they feel the department would be better under new leadership," the mayor wrote in the termination letter.
"As a result of these above mentioned issues and many more not listed here I have lost confidence in your ability to lead the Smithville Police Department in a positive direction. As a result, your employment as Smithville Police Chief is being terminated immediately." The mayor’s letter continues.
"Pursuant to the Smithville Personnel Policy Section IX (K) you have the right to a termination hearing if you feel you have been terminated illegally or unethically by submitting in writing a request for a hearing to the Mayor within seven business days of this notice. I, Mayor Poss, will have five business days to decide if your request should go before the full Board of Aldermen at the next Mayor and Board of Aldermen meeting for a hearing unless a special called meeting is scheduled," The letter concludes.
"Chief Caplinger strenuously disputes the City of Smithville’s contention that he is an "at will" employee within the "classified service" of the City of Smithville. To the contrary, Chief Caplinger respectfully maintains and asserts that he is an employee in the "exempt service" of the City of Smithville and, as such, may be terminated only on the finding of "just cause," Cripps wrote in her reply to the mayor.
Cripps contends that the city charter dictates the he can only be removed from the position by a "supermajority," or least a two-thirds majority of the council, which would be no less than four members, voting to remove her client.
The Mayor is expected to grant Caplinger a hearing as requested.
