Board again deliberated case in secret

But the panel violated the state's open records law by not giving public notice of the meeting.

Porter's legal counsel, Dyersburg attorney Ralph Lawson, said he would seize on the mistake to file an appeal and question the violation of the Sunshine Law.

"I'm going to appeal the decision of the board as if they had not decided the case back in November," said Lawson. "This is a new decision they reached while violating the Sunshine Law."

The board met to adopt findings of fact and conclusions of law relative to the Porter matter, said assistant city attorney Christine Coronado in an e-mail to the State Gazette.

"After deliberating, the board unanimously voted to adopt the findings of fact and conclusions of law submitted by our office."

The 10-minute hearing also included a final consideration of former DPD patrolman Aaron Brezinksi's sexual harassment penalty.

"It was our understanding that the Board published notice of the hearing," said Coronado. "However, upon checking with City Hall, we have confirmed that the board failed to file the required notice."

Merit Board chairman Bob Jones said he was not aware the board was charged with notifying the public about the meeting.

"The statement has never been made to me that I'm aware of that members of the board or the chairman should notify the newspaper or any other source. In terms of public relation, I guess I assumed, possibly incorrectly, that the city attorney's office or City Hall would notify the public about the meeting."

Jones said he told Mayor John Holden after the meeting he was surprised a reporter was not present.

"The lesson is in the future that we're clear about it," said Jones. "We certainly can do that in the future."

Jones said aside from board members Mary Carson and Dob Johnson, present at the hearing was DPD Chief Terry Ledbetter, Capt. Steve Isbell, Coronado, assistant city attorney John Wilder and Milan attorney William Flippin, whose firm also represents the city's interest.

Also present were Porter and Lawson.

Coronado said a new hearing would be conducted after providing the proper notice.

"We will advise the board of the same and proceed accordingly," she said.

The error is the second time some phase of Porter's case before the board has had to be heard again for violating the state's open records law. Chancery Court Judge J. Steven Stafford in May 2007 ruled the previous board twice had deliberated in secret over Porter case, which resulted in restarting the matter from the beginning.

Lawson said the city's pursuit of Porter "is a huge waste of money. This was the seventh hearing for Jim Porter by the third merit board. And now another one at least."

Porter was involved in a domestic dispute with his former wife in July 2005 that led to his arrest and eventual dismissal.