Benton Courier - Bryant officials holding onto inquiry files

Bryant city officials learned Wednesday in a state attorney general’s ruling that they may serve as custodians of files pertaining to the city’s investigation of Fire Chief Randy Cox.

The City Council then met in “emergency” session to discuss details surrounding the inquiry.
The Courier was notified of the 7 o’clock special meeting in an e-mail that was sent around 5 p.m. Wednesday from Mayor Larry Mitchell’s office. The reporter to whom the e-mail was sent had left the office for the day.
City Attorney Nga Starzewski requested the attorney general’s ruling to find out if the mayor, aldermen and Shayne King, city personnel director, could serve as custodians of files relating to Cox’s investigation.
City Clerk Brenda Cockerham on Thursday confirmed the ruling. Starzewski did not return messages left by the Courier.
The Courier on Thursday submitted a formal Freedom of Information Act request for files pertaining to Cox’s investigation. Starzewski said in a faxed letter to the newspaper that it is her determination, not the attorney general’s, that the files are currently protected from the FOIA request.
The city issued a brief statement following the special council meeting, which Cockerham said included an executive session that lasted from 7:10 to 10:55 p.m.
Following is the statement released from Mitchell’s office:
“The Mayor [Larry Mitchell] and city council have reviewed allegations brought by three firefighters and a majority of statements received from other fire department personnel regarding the allegations. The facts which have been presented so far do not support the removal of Chief [Randy] Cox [from the Bryant Fire Department]. The facts which have been presented so far do not support disciplinary action against any other firefighters. These findings are subject to change pending the completion of the investigation.”
“At this time — 1. The city attorney is directed to review all fire department policies in regards to the personal use by Fire Department personnel of City equipment, City facilities, and City personnel, and report back to the City Council. 2. Fire Department personnel are directed to conduct themselves in a professional manner in order to properly serve the citizens of Bryant.”
International Association of Firefighters Local 4606 presented a vote of no confidence concerning Cox at a March 13 City Council meeting. Cox has been on medical leave since mid-February when two firefighters he had terminated were permitted to return to duty.
“We had a meeting of all of our union members,” Gary Seibel, treasurer for the of the newly formed Bryant firefighters union said, “There was ... an overwhelming vote of no confidence.”
Firefighters said they have an “absolute lack of faith in Fire Chief Randy Cox’s ability to manage the Bryant Fire Department. We have serious concerns about his integrity, honesty, character, and professional fire service leadership skills.”
The document further states that Cox’s “seemingly totalitarian philosophy is not conducive to good working morale and has led to a fundamental and irreversible breakdown of trust. We feel this lack of self-control and leadership skills is leading the Bryant Fire Department to a foreseeable disaster, which the end result will be a totally dysfunctional fire department and public relations nightmare.
“We feel we are rapidly heading in that direction. We feel the chief is both arrogant and dictatorial, and has been unfair in promotions and discipline. He seems to have no loyalty to the Bryant firefighters and doesn’t know the difference between serving himself and others. ... “
Wayne Downey, a Bryant resident close to the fire department, said today that the investigation is not over and that firefighters are continuing to work as professionals, despite having “no professional leadership from Chief Cox.”
“They are going about their business,” Downey said of the firefighters. “They are professionals and they take no glee in what is happening. They show up to work and I think they are doing a good job.”
Downey also said that several council members have informed him that Cox has been requested to turn over his city-issued handgun and cell phone. Firefighters wrote letters to city officials expressing concerns over their safety since Cox carries a gun and allegedly told firefighters that he was going on medical leave because “I think I am on the verge of a nervous breakdown.”
Despite telling the Courier on March 10 that there was no investigation concerning Cox, King revealed at the March 13 council meeting that an internal investigation on Cox began on Feb. 28. Mitchell also initially denied an investigation.
Cox has repeatedly declined to comment.

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