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Fired officer appeals decision |
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Wednesday, 25 June 2008 |
Lantz Smith has filed an appeal to his termination as a narcotics officer with the Benton Police Department.
The petition to the Civil Service Commission was filed Tuesday through Smith’s lawyer, Robert Newcomb of Little Rock.
Smith, 33, was terminated Friday for allegedly falsifying a police report and lying to his supervisors.
The petition requests that the commission grant Smith a trial as provided for by the Arkansas Civil Service statute. It asks that the commission require the police department to prove that Smith’s termination was for just cause and that the punishment was not excessive.
Smith, a six-year officer, is arguing that there wasn’t just cause for his termination. He also contends that the degree of punishment was in retaliation for his exercising his right to petition and freedom of speech under the state and U.S. constitutions.
Smith is vice president of the local Fraternal Order of Police.
George D. “Bucky” Ellis represents Interim Police Chief Roger Gaither and the police department in this case. He said it is his understanding that City Attorney Brent Houston, who will represent the Civil Service Commission, is notifying the commission of the appeal.
“We will know when the date of the hearing is within the next few days,” Ellis said.
When a civil service employee is terminated, reduced in rank or suspended for three days or more, he or she may appeal the decision to the Civil Service Commission, Houston said. The commission has 15 days to set a trial date.
Newcomb noted that the commission might decide it agrees with Gaither’s decision to punish Smith, but it could decide that the punishment was too harsh. On the other hand, the commission might decide to reverse or uphold the decision.
The last hearing before the Civil Service Commission was held last October concerning the demotion of Lt. Mike Kassel to sergeant. The commission ruled in favor of Kassel and he regained his rank as lieutenant.
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