He wasn't a surveyor

So I'm driving from I-30 on Hwy 111 heading to the Alexander Post Office earlier this afternoon. In the city hall driveway, farthest from the rail road tracks, I see what appears to be a surveyor pointing his tripod-mounted equipment towards the new Dollar General store, which now has front doors by the way. I thought it odd, however, for a surveyor to be dressed in a suit and tie.

I pull into the post office driveway and drop my mail into the drop box. I then looped back around so I can leave using the driveway farthest from the tracks. The "surveyor" has picked up his tripod and I can see the surveying equipment is a camera and he is holding a microphone. After turning left towards the tracks I look back and I see a car from Channel 11 in the city hall parking lot.

I have my doubts he was here just to admire Alexander's new Dollar General store. I guess we need to watch Channel 11 tonight. Maybe we will find out more about what's happening with the police and fire department than Channel 7 did.

Alexander firefighter charged with harassment

As reported by KATV Channel 7, Firefighter Greg Maynard was booked and then released on bond Monday (Nov. 18) evening on charges he harassed another Alexander firefighter, but details of the alleged event are unknown – even by Alexander Police Chief Horace Walters.

For more on this story go to http://www.katv.com/story/24005483/firefighter-harassment-case-a-possible-cover-up.

City of Alexander "dismissed" from lawsuit, Police Chief Walters lone defendant

                The City of Alexander is no longer a party in a civil rights lawsuit filed by former Assistant Police Chief Brad L. Williams. Current Police Chief Horace Walters, however, is now the lone defendant.

                According to information provided by the legal website Justia.com, Federal Judge Kristine G. Baker signed an order November 8, 2013 granting that "claims against the City of Alexander are dismissed."

Police Chief Horace Walters

                The order further states, "claims of malicious prosecution, defamation, outrage, and abuse of process against Chief Walters will proceed to trial."

                Williams has requested a jury trial.

                The lawsuit stems from incidents involving a paycheck, two sets of police car lights and a contentious relationship between Walters, Williams and former Mayor Paul Mitchell.

                In 2011 Williams was leaving the Alexander police force for a job with the Federal government. According to court documents Walters claims Williams purposely attempted to steal an extra paycheck and stole a set of blue police car lights from a locked storage area.

                Williams submitted his resignation on September 27, 2011 to take the Federal job. Walters charged Williams with "theft of city property" in December.

                Mayor Paul Mitchell had the prosecuting attorney drop the case because he knew it was part of a personal vendetta being perpetrated by Chief Walters. But, because of the accusation Williams is no longer employed by the Federal government.

                Walters was hired in June, 2010 by then Mayor Shirley Johnson. The hiring came after the City lost a discrimination lawsuit involving the police department and several Hispanics. Then Police Chief Alan Spears resigned and Walters was hired to fill the vacancy.

                Williams is being represented by attorney Reggie Koch. Koch is the same attorney who represented the male Hispanics in the discrimination lawsuit.

TWO PAYCHECKS

                On September 3, 2010 Williams received his regular paycheck and then lost it. Mayor Johnson approved issuing him a new check, which he cashed on September 8, 2010. About one year later the original check was found in a friend's car.

                According to court documents Williams did not realize the found check was the one lost a year earlier. He cashed it on August 9, 2011. After office assistant Stacey Cyz discovered what had happened the city council decided to not press charges and allow Williams to repay the city for cashing the extra check, which he did.

                In the court documents Chief Walters claims cashing both checks was always Williams' intention. The only reason he repaid the city was, "because he was caught."

                Paul Mitchell defeated Johnson in the November, 2010 election and was sworn-in January 1, 2011. Mitchell fired Chief Walters on July 10, 2011. In a seven to one vote the city council vetoed the mayor and reinstated Walters. According to court documents Williams supported Mitchell's actions, putting him at political odds with Chief Walters.

TWO SETS OF BLUE LIGHTS

                In the early summer of 2011 Williams borrowed a pair of blue lights from Tim Dudderar of the Saline County Sheriff's Department for a special assignment. Williams claims he discussed the plan with Chief Walters and received his approval.

                After that Walters claims he told City of Alexander Police Officer Jeff Watson, "to locate a set of blue lights and install them into," the department's Dodge Durango. Officer Watson took the blue lights from Williams, who told him they belonged to Dudderar, and installed them on the Durango, court documents indicate.

                Williams wrote Dudderar’s name on a piece of tape and put it on the lights. He then told Dudderar where he could retrieve the lights, which Dudderar eventually did. Williams contends Dudderar’s blue lights were the only blue lights ever in his possession, court documents state.

                In his deposition Chief Walters claims Williams was involved in the disappearance of a second set of blue lights that were a gift to Alexander from the City of Benton. In court documents Chief Walters describes these blue lights as round and without serial numbers. However, according to court documents the transfer papers provided by the City of Benton that accompanied the lights did include serial numbers.

                Walters claims a memo, allegedly written by Officer Watson, states Williams told him the two lights, "were at his residence on his personal vehicle."

                Watson denies writing the memo and claims not to remember the incident happening the way it's stated in the memo, though he admits he may have signed it. Watson also denies ever using round lights in police units.

                Chief Walters also claims he suspected Williams taking the lights because officers allegedly reported seeing Williams in the secured area where the blue lights were kept.

                Court documents include a comment made by Williams during Chief Walters' deposition. Since Walters has one of two keys to the "secured area" Walters was pressed on how Officer Watson purportedly entered the secured area to discover the blue lights were missing. Chief Walters admitted Cyz also had a key and would open the area for any officer who asked. Walters however, didn't interview Cyz to determine which officers had entered the area before the blue lights allegedly disappeared because he “did not see where she would have use for blue lights.”

ARREST WARRANT

                On September 27, 2011, Williams resigned to begin his new federal job. According to court documents Williams contends, though unknown to him at the time, Chief Walters had drafted a termination letter for him dated the day before, September 26, 2011.

                Nearly three months later, on December 20, 2011, Chief Walters swore out an affidavit charging Williams with "Theft of Property" in regards to the cashing of the extra paycheck. That's four months after the city council decided to not press charges and allow Williams to pay back the value of the extra paycheck. In the same warrant Chief Walters charged Williams with "Theft of Property" in regards to the police lights, which Walters claims were the lights donated by the City of Benton. 

                This is the same warrant Mitchell had the prosecuting attorney drop saying he knew it was part of a personal vendetta being perpetrated by Chief Walters against Williams.

Judge says return Alexander fire truck

A Pulaski County Circuit Court judge has ruled the City of Alexander should have its repossessed fire truck returned as soon as possible. The ruling was made Monday, November 4 by Circuit Judge Tim Fox.

The decision was in response to a "Cross Complaint and Petition" filed by the City against First Government Lease Company and its owner Paul Anthony Graver. Graver lives in Chicago and his business is located in Northfield, Illinois.

The dispute is over a 1999 Freightliner fire truck. The truck was repossessed while sitting in a restaurant parking lot. It was then taken to a lot in Memphis, Tennessee.

According to documents included in its petition to the court The City of Alexander entered into a lease-purchase agreement with First Government in May, 2008. The amount of the lease-purchase was $50,000 for the truck and an additional $24,325 in interest. The agreement is for seven years at $884 per month.

According to a report by Arkansas Division of Legislative Audit for the City's budget year of 2008, in May the City also entered into another lease-purchase agreement with First Government Lease to buy two police cars. The cost of two vehicles is "$44,700 with an annual interest rate of 6.25% to be repaid by a monthly payment of $977 for 60 months (5 years)."

But, that's not the numbers provided by First Government Lease Company to Legislative Audit. According to the amortization schedule the loan amount is $48,528, $3,828 more than the original $44,700. The interest rate on the schedule was also increased from the original 6.25% to 8%.

The same thing was done to the fire truck agreement. According to the amortization schedule provided to Legislative Audit it shows a loan amount of $52,859 instead of the agreed to $50,000. Instead of a set dollar amount of interest there is an interest rate of 9.5%.

These aren't the first lease-purchase agreements between Alexander and First Government Lease Company. According to Legislative Audit's report for the City's budget year of 2007, in August the City combined six lease-purchase agreements consisting of police and fire vehicles, equipment, "and an addition to the fire station" on South Alexander Road. The "addition" was actually the purchase of property next to the fire station.

The original terms of the agreement were a loan of "$350,000 with an annual interest rate of 9.9% to be repaid by a monthly payment of $4,971 for 168 months (14 years)" the report states.

But, according to the amortization schedule the loan was for $435,975, $85,975 more than the original $350,000, with an interest rate of 9% instead of 9.9%. The payment period was also reduced to 12 years instead of 14.

Apparently, Graver (First Government Lease Company) bundled the three loans and sold them to First State Bank in Oklahoma. Mayor Michelle Hobbs stopped making the monthly payments in March of this year claiming the lease-purchase agreement was illegal under the Arkansas Constitution, which restricts how cities can take on interest-paying debt.

First State Bank filed a lawsuit suing Alexander and First Government Leasing, claiming the bank was defrauded into thinking it would acquire a mortgage and lease-purchase agreement for improvements to an Alexander fire station that it says were never started.

Graver's attorney, Matt Campbell, told Judge Fox because Alexander is disputing the legality of the lease-purchase agreement that gives Graver grounds to repossess the fire truck. He also said Alexander was notified the truck would be repossessed and why.

Alexander City Attorney Carla Miller told the judge the City had not been notified of the pending repossession. She added there's no lien on the vehicle and Alexander is ahead of schedule on payments as far as October, 2014.

According to court documents Graver bought back the lease-purchase agreement from First State Bank October 10, then filed a lawsuit that same day in Illinois court. The fire truck was then repossessed October 11.

When fire fighters discovered the truck missing from the restaurant parking lot the State Police were called. According to the incident report provided in the City's court documents State Police were called at 12:59 PM. Assistant Fire Chief William Blankenship was already following the fire truck on I-440 east of I-30 heading for Tennessee.

Two officers in separate vehicles eventually caught up to the fire truck on eastbound I-40. The driver of the follow-up vehicle showed officers repossession papers which included a letter from First State Bank in Oklahoma authorizing the repossession, the police report states.

The two men allowed Blankenship to remove equipment and firefighter's other personal belongings that aren't directly connected with operating the fire truck.

Even though the repossession papers indicated Graver had permission from First State Bank to repossess the fire truck, an affidavit introduced during the hearing by Miller tells a different story. In the affidavit First State Bank President Michael George states, "First State Bank did not authorize Paul Anthony Graver, First Government Lease Co., ... to take any action against or with the City of Alexander, including, but not limited to, attempting to collect any money, taking possession of any vehicle, personal property, or real property, or negotiating any settlement in connection with the indebtedness that is the subject of this suit or otherwise."

* Sources for this article include an article appearing in the Arkansas Democrat-Gazette (by John Lynch, November 5, 2013), audit reports for the years 2007 & 2008 written by the Arkansas Division of Legislative Audit and court documents filed by the City of Alexander.