Public records shed more light on Minden settlement controversy

By KTBS Web Staff

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    MINDEN, Louisiana (KTBS) — Mayor Nick Cox admitted to state auditors the city of Minden may have violated state law when it issued payments to a Texas couple in June.

The payments – which didn’t go through the proper approval process – cost Minden taxpayers $26,912.

Cox reported the matter in late July “in good faith to ensure fully transparency and to maintain the public’s trust in the city of Minden’s financial accountability and governance.” He said he welcomes recommendations on how to move forward and whether corrective action is warranted.

The issue has stirred controversy within the city administration and police department. Mixed in is the termination of one officer and recommended firing of another. And it’s already leading to inquiries from the state auditors.

City leaders had been somewhat tight-lipped about specifics. Public records have shed some light on what’s happened behind-the scenes.

At issue has been how the payment to Shawanda Hall and Donald Benard came about and why? And who authorized it?

KTBS learned through sources, who spoke on condition of anonymity, Hall and Benard were stopped on Jan. 3 on Interstate 20 in Minden. Former Lt. Christopher Hammontree, who was the Minden police K-9 handler, was called to the scene to check for drugs.

During his search, Hammontree found a stuffed animal in the back seat. He opened it with a knife after feeling a container inside. He opened the container, exposing an ashy substance – later learned to be the cremated remains of Hall’s child.

Hall filed a complaint with the police department after returning home to Texas. No action was taken against Hammontree then.

In response to a records request, the city has stated there is no initial report related to the traffic stop.

Fast forward a few months, when Hammontree was placed on desk duty for an undisclosed reason. Then in May, Hammontree was placed on paid administrative leave after working a crash involving a teenage driver.

Public records pick up the trail on June 13 when a check was drawn on the city’s general fund account to pay Hall and Benard $25,000. A separate payment of $1,912 was made on behalf of the couple, not by check but by the city’s credit card to Midas in Abilene, Texas.

On June 18, Hammontree was issued a court summons for a misdemeanor charge of simple criminal damage. He was fired Aug. 4.

The city responded Monday to another records request from KTBS. It includes the letter Cox wrote to auditors reporting the possible law violation. Included is a response from city attorney Jimbo Yocom.

Why was the payment made?

Cox said the $25,000 was a “voluntary payment,” and the $1,912 was for a “car repair.” Neither payment was made in response to a demand letter, lawsuit or formal City Council action, Cox said.

How did he learn about it?

Cox said the issue came to his attention after he returned from a family vacation in Montana. It was then he discovered public funds had been authorized and issued outside of the council’s approval process. It was further clarified through internal discussions with the city attorney, police chief, city council and staff members.

“I’ve since heard explanations for the settlement and payment, but I can’t speak to the reasoning behind the actions taken at the time. I was out of town on vacation, but neither the police chief nor the city attorney asked for my advice, opinion or input before the decision was made,” Cox wrote to auditors.

Who are involved?

Cox identifies the following: Yocom, Police Chief Jared McIver, City Clerk Melaney Langford and Assistant City Clerk Elizabeth Campbell. Cox noted Langford acted in an administrative capacity under the attorney’s direction, while Campbell assisted in processing the action under the same directive.

Actions taken to date

The City Council met in special session on July 22 to take up the matter, including added concerns about non-compliance with the state law’s settlement requirements. As a result, the council voted to table ratification of the payments pending further review.

Yocom also wrote to the auditors to “clarify the legal basis” for the actions taken.

Background and circumstances

Yocom said he was notified on June 11 by the police department of “claims arising from an incident in which a police officer, during a call, inadvertently damaged personal property that contained the remains of a child.”

Yocom said the “affected individuals” sought compensation and threatened litigation. However, KTBS has requested any and all public records related to communications between Hall and Benard and city officials concerning a settlement demand or litigation and has been told none exist.

Yocom said in his letter since Cox was unavailable, he consulted with Mayor Pro Tem Carlton “Buddy” Myles, and said it was his legal opinion that Myles had the authority under the city’s special charter to resolve claims prior to litigation.

Based on that, Myles authorized settlement of up to $50,000. Yocom said he negotiated it to $25,000 with the related payment of $1,912 for car repair.

Midas repair

A separate document from Midas in Abilene received by KTBS indicates of the $1,912 also spent on Hall and Benard, $1,319 was for labor costs associated with replacing a starter and flex plate on Hall’s vehicle. Still, there is no explanation why Minden taxpayers needed to foot that bill.

LLA welcomed

Yocom went on to explain the city’s charter and the authority it provides, and he also said the city staff – including both clerks – acted under the “express direction of legal counsel” and mayor pro tem.

Yocom said the city welcomes the Legislative Auditor’s review and “stands ready to implement any corrective recommendations. We believe the actions taken were lawful under our charter and consistent with established practice for pre-litigation settlement authority. Nonetheless, we are committed to ensuring our procedures align with the best practices and the auditor’s expectations.”

Abilene travel

KTBS also asked for records related to any officers’ travel to Texas. In response, the city provided a travel expense form dated June 12 for travel to Texas by Officer Matthew Hicks for a “work-related assignment. Details on assignment is related to police work.”

A total of $252 was spent for a motel room and food. Hicks stayed at the LaQuinta in Abilene, Texas.

Again, no additional details were given for the expense and how it related to Hall and Benard.

Auditor’s response

Legislative Auditor Mike Waguespack has already responded to Cox, asking for copies of the settlement check and bank statement in the month it cleared. The auditor’s legal counsel is a part of the emails.

District Attorney Schuyler Marvin is also included in the email chain. No response from him was reflected.

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