On Tuesday the Fort Smith Board of Directors went into an executive session to discuss removing Chip Sexton from the Civil Service Commission for what appears to be retribution for the Commission’s failure to rubber stamp a proposal by police chief Nathaniel Clark to by-pass the hiring and promotion procedures that have been in place for over 120 years in Fort Smith.
After a prolonged session, the Board came back into public session to announce they had decided to ask Sexton to recuse himself from any actions on the Commission as long as there is a lawsuit against the city through his firm. Sexton shares an office with attorney Joey McCutchen, who is currently in litigation with the city over an alleged FOIA violation.
Sexton maintains that he is not a party to the lawsuit filed by Sexton and has maintained all along the BOD has no right to seek his removal from the Commission
A former Fort Smith police officer who has been embroiled in a legal effort to win back his job after he was terminated by the Fort Smith Police Department for providing confidential information about a police matter to his attorney and allegedly lying about it has released information about Sexton that he says is pertinent to the ongoing discussion to remove the Fort Smith attorney from panel.
“I wasn’t fired for lying,” former officer Don Paul Bales said. “I was fired for telling the truth.”
Sexton said on Tuesday that Bale’s allegations “are old news” that was covered by a local television station in March of 2016.
“It (any conversation with Bales) was done as a civilian and didn’t concern a matter that would come before the Board because corruption isn’t a board issue unless someone gets fired,” said Sexton. “And I abstained from voting on Bales.”
“This was all based upon information supplied to me by Bales which was incorrect,” said Sexton. “I later learned it was incorrect. These conversations happened a little more than three years ago.”
In March of 2016 Bales sent an email (see below) to all the members of the Board of Directors as well as five recordings (see link below) he made surreptitiously in his efforts to secure information he could utilize in his whistle blower lawsuit.
On July 2 of this year, Bales resent the email in question and recordings to the Fort Smith Board of Directors in light of the current controversy surrounding the Civil Service Commission.
“Bales is again trying to attack the people that he believes caused him harm,” said Sexton. “But it has nothing to do with my service on the CSC.”
Sexton provided a copy of the final order in the Bales case which can be accessed HERE.
“There is a good explanation for the “should have lied” part,” said Sexton. ” I had heard that Bales believed when that conversation occurred that the FSPD had access to the text messages on his phone. He didn’t lie because he thought the Internal Affairs folks had what was on his phone. I wanted to see if he would tell me the truth. That was well after the termination was upheld.”
The entire email from Bales to the Board of Directors is as follows:
“Dear Members of the Board of Directors,
I submit this email as a formal complaint to each of you with the hopes that you will use the information contained herein to take action to rectify an ongoing injustice. Specifically, that Sam “Chip” Sexton, the current head of the Civil Service Commission, has been derelict in his duties on a number of levels. First, I’m sure most of you recall that I am the former FSPD sergeant who was fired during a Whistleblower suit after my attorney wrote an article about detectives within the agency engaging in sex acts with prostitutes before arresting them. I mention this simply for context, as it is the actions (and inaction) of attorney Chip Sexton that I’d like to bring to your attention with the substance of this complaint.
Simply stated, my complaint is this. Prior to my termination, and prior to my subsequent appeal of my termination to the Civil Service, Chip Sexton was fully aware of the conduct of the detectives in the Street Crimes Unit, and actually referred to it as “something criminal” (Recording #1). Further, I brought this information to him seeking guidance, as he’d given me counsel many times in the past regarding difficult matters within the police department. During our first conversation about the matter on May 22nd of 2014, (Recording #1) Sexton warned me not to report the misconduct to Chief Lindsey because, as he put it, “they’ve screwed you with everything you did”. Please note, the attached recordings affirm the assertions I am making in this complaint. This is why I am submitting this complaint in the form of an email, so that I can attach the relevant recordings with Chip Sexton.
If you read the attached transcript of the first recording I am providing, you will note that Sexton overtly stated that at the onset of the recording, “If they say you are trying to circumvent the Civil Service Commission you tell them you’ll TAKE IT ALL… give… vest the Civil Service Commission with jurisdiction… AND YOU’LL BE RIGHT BACK OVER THERE IN DAYS”. To me, this was an outright assurance that, should I be fired for reporting the misconduct, Sexton would assure that my employment was protected. History has since proven otherwise. From your point of view as members of the Board of Directors, you will likely find this preemptive assurance professionally troubling and inappropriate. Though I do not have a recording to support my next observation, I can assure you it is the truth. On numerous occasions, even prior to my initial Civil Service Hearing in December 5th of 2013, Chip Sexton stated the Civil Service Commission was generally a “rubber stamp”, and would do whatever he wanted it to do. A point I will return to at the conclusion of this complaint.
Within a short period of time Chip Sexton spoke to me again about the ongoing turmoil and misconduct going on within the PD. During this conversation, roughly a week later on May 28th of 2014, Sexton said that Chief Lindsey was “beyond the point of no return”. He was aware of the ongoing barrage of retaliatory investigations that had been launched against me and my fellow Whistleblowers, and said the actions of the Chief were, “…just f****** unforgiveable”. Most crucial to the crux of my complaint was when he said emphatically, “I’m just at a point where I really want the s*** to hit the fan and just expose every f****** thing whatever wherever the chips fall is wherever they fall.” (Recording #2) During this time period, having been fighting to keep my job since June of 2013, and having survived the first attempt of a number of staff officers to have me fired for reporting misconduct, I had begun the practice of recording conversations which dealt with the key elements of my Whistleblower suit. I would, in turn, often forward these conversations to my attorney, Matt Campbell.
Given the aforementioned admonishment, I thought that Chip Sexton would advise the members of the Board of Directors and Civil Service Commission that he was aware of the misconduct of the detectives, and that he’d actually encouraged me to “expose everything”. On the contrary though, instead he took part in an elaborate ruse on the dates of my hearing to “protect” the secret identity of the involved detectives. During the hearing, only the initials of the involved detectives (J.B. and S. C.) were allowed to be used. A practice that, by their own admission under oath, had never been utilized in any court hearing before, and likely since. To this very day, according to FSPD Rules and Regulations, officers are prohibited from engaging in any sexual conduct OR ACT while on duty (Rule 420.06). The first offense discipline for this behavior is still listed as Termination, according to the agencies Discipline Matrix.
During my Civil Service Hearing, Chief Kevin Lindsey and Maj. Mark Hallum both gave testimony that gave the other members of the Commission the impression that this conduct, and these investigative techniques, had been approved by Prosecuting Attorney Dan Shue.
This is absolutely untrue. Though they tried to be as ambiguous as possible as to when this permission was given by Shue, the fact is Chip Sexton knew this to be untrue, as you will hear in Recording #3. Just to make sure you are clear on this matter, I am providing a copy of an email correspondence between my attorney and PA Dan Shue, in which he states unequivocally that this conduct was not approved by his office. However, in the context of this complaint, what’s more relevant is that Chip Sexton knew it to be untrue.
After the Civil Service Commission upheld my termination on November 4th of 2014, I was dumbfounded and hurt that Chip Sexton had not informed the other members of the Commission about not only what he knew, but also what he’d told me to do. What he referred to as illegal behavior, encouraged me to expose, and assured me that Dan Shue had not approved. He made quite a show of asking if he should recuse himself from the process. However, given his knowledge of the circumstances leading up to my termination, I had hoped that he would inform the Commission of his statements and conduct. He did nothing of the sort. Rather, he took an active part in “rubber stamping” my termination, as he had so dubbed the process. This was exceedingly hurtful for me as, prior to these events, Chip Sexton was someone I considered a friend, and a person of great integrity. Apparently, under these circumstances, his publicly professed friendship with Lindsey extended beyond the parameters of his integrity.
If these facts are not troubling enough, I’d like the Board to consider the actions of Chip Sexton following the Civil Service Commission upholding my termination. He was the first to tell me during a phone chat in the days following that I must appeal the determination. However, during my efforts to do so, I asked Chip Sexton if he would testify on my behalf. He refused, and actually said, “it’d been a whole lot better if you would’ve walked in there and said, ‘I didn’t provide the affidavit’… that would’ve been a whole lot better”. (Recording #4) This was on June 6th of 2015, as I was preparing myself to attempt to appeal my termination in the months to come. My former friend, and head of the Civil Service Commission, whose stated duty it is, “…writing and enforcing rules and regulations governing the governing the Fire and Police Departments”, told me repeatedly that I should have denied giving my attorney the PC Affidavit concerning the detective receiving a sex act prior to the arrest of a prostitute. More directly stated, he repeatedly inferred to me I should have lied to protect my job. I did not, and was called a liar and fired anyway. A fact that attorney Chip Sexton was fully aware of.
Though he refused to testify as to what he knew and had instructed me to do prior to my termination, Chip Sexton did take action regarding the appeal of my termination. After being subpoenaed to testify, he filed motions to attempt to deny my ability to appeal my termination. Oddly, just days prior to my appeal hearing being denied on a technicality regarding when certain actions were filed, Sexton withdrew his motions. Almost as if he knew his motion was going to result in dismissal of my appeal.
Finally, I’d like the Board to consider one final recording of a statement made to me by Chip Sexton regarding the events leading up to my termination. In the final recording, you will hear him speak very bluntly about what he refers to as “corruption” with the Fort Smith Police Department, and the likely legal ramifications for the agency and the City. I provide this recording for two reasons. To make the Board of Directors aware of Chip Sexton’s knowledge and opinion of what the state of affairs within the PD was, and is, and to ask you the following questions. If Chip Sexton, who is appointed by the Board of Directors to author and enforce the rules and regulation of the Fire and Police Departments is aware of corruption within the police department, why has he never informed any of you of these facts? The answer to me is clear. Just as I was woefully mistaken about the character of Chief Kevin Lindsey when I stood up for him in 2007, only to be attacked and ultimately fired by Lindsey for standing up for a rookie cop in 2013; I was also woefully mistaken about the character and integrity of attorney Chip Sexton.
Chip Sexton, as the recordings will attest, is acutely aware that corruption exists within the administrative ranks of the Fort Smith Police Department. Though the majority of the men and women working there are hardworking, honorable public servants, the fact is that ONE corrupt cop, is one too many. Similarly, if the head of the Civil Service Commission lacks the moral courage to inform you of the state of affairs within the PD, he or she should not hold that most solemn position. For me, a cop who gave 13 years of honorable service, and was then publicly called a liar and fired for reporting misconduct; Chip Sexton telling the truth to the other members of the Commission, and to you the Board of Directors, would have saved my career and protected my family from the considerable hardships that we continue to face as a result of these events. Please take my request to heart when I ask you to either remove him from his post, or ask that he resign immediately. As I made mention of at the onset of this complaint, the Civil Service Commission should protect officers who report misconduct within their agency, not simply “rubber stamp” their termination.
As an afterthought, I want to mention that I could have made these matters public over a year ago. However, even after sharing the recordings and information with two members of the Board, nothing had happened. Since I submitted the recordings with the court records to attempt to appeal my termination, I would have thought that Sexton would have resigned his position, if not out of a sense of shame for what he did to me and my family, then at least out of enlightened self-interest. As he seems to lack the integrity to resign of his own accord, I’d respectfully ask you, the city’s leaders, to take action. I’m still fighting to hopefully someday win my legal battle to get my job back. If that fails, please don’t let the efforts I have made to expose misconduct within the agency I still dearly love have been in vain.
Sgt. Don Paul Bales
Fort Smith PD, in exile.”
Inside Fort Smith was also provided with all of the recordings Bales
made available to the Board.
The can be accessed HERE.
