Written by Holly Dutton    Monday, 29 June 2009 08:17    PDF Print E-mail
Magnolia calls lawsuit threat "frivolous"

The City of Magnolia responded to former police chief Ron Cunningham and captain Mike Smith’s damages demand letter with a letter of its own, calling their threat of a lawsuit and claims they were wrongfully terminated “frivolous.”

In the letter dated April 6, City of Magnolia attorney Leonard Schneider cited the “global release of all claims related to his employment” that Smith signed discredits his claims of wrongful termination.

It also discredited Cunningham’s claims of wrongful termination stating that the city followed the terms of his employment contract, giving him full pay and benefits until the end of his term, which occurred on June 30, 2008, and appointing a new police chief when his term was over.

Cunningham and Smith were placed on administrative leave in June of 2007 by the city after being indicted by a Montgomery County grand jury for retaliating against two of their officers.

Those officers, Corporal Mike Alexander and Lt. Bo Crabtree said they were targeted for claims they made against Cunningham and Smith.

In exchange for their law enforcement licenses, the Montgomery County District Attorney’s Office agreed to drop its case against the two.

The City originally received the demand letter from Cunningham and Smith’s lawyer, Richard Cobb, on April 1. The letter demanded damages totaling $2.5 million for what they called “wrongful actions” from the City of Magnolia.

City Administrator Ryan Kelley said there has been no response by the attorney’s for Cunningham and Smith following the city’s April 6 letter.

 

Comments (2)Add Comment
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written by JeriCarpenter, June 29, 2009
With all due respect, Leonard Schneider but did you have the actual paper work in front of you when this decision was made ? Sir, you might want to check with the State of Texas on when Michna was hired, it was on 3/18/08. I was standing in until a chief was hired...

If anyone ever had a grievance with Cunningham and Smith it would definately have been me. They tried to have me fired not once but a total of 5 different times on thumped up charges that were documented and responded back to each time. When Chief Cunningham left I found out the truth, that it wasn't them that it was the famous Lt. Crabtree which I actually knew since the majority of the letters were from him and not the Chief nor Smith.

Lt. Crabtree will do the same with Michna, it's just taking longer. Alexander ran around with a recorder to try and get Officer's to say something against the PD and if they responded they were given the opportunity of resigning or being fired. I can sit and name off each and every officer that were good Officer's that Magnolia lost because of them.

The Mayor and council were 100% behind Cunningham but turned their backs on him when the going got tough. The Mayor's commission that was carried through the PD had to be dropped due to no schools since 2001 and the Constable had dropped him off of their roster.

Alexander had complete access to the computer's at Magnolia, all but the Chief's where the office was locked. He was fired for good reason's yet the City of Magnolia paid him off ?? I guess if you're guilty you're paid in Magnolia ...

Mayor and City Council, you might want to check out the Chief's records before it becomes public since he was never checked out before you hired him. According to the State of Texas he wasn't even re-instated as an Officer until 9/10/08 and was not eligible to carry a gun or a badge ?? Sure makes you wonder about politics ?

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written by P. Nasty, July 23, 2009
Tell those roaches on the City Counsel and the Tribune that Nasty's coming! He's coming to attack the corruption in the city's politics, and ruin anyone's reputation that thinks they are better than the common man who put them into office! Also, it is not just the right of the people to question them, but a civic duty, and let us not forget that they are public servants that by the first amendment of the U.S. Constitution, they are subject to ridicule as are all politicians. Now don't get it twisted I am not just doing what I do to just to be a tyrant, or "rebel". I'm coming with a force because they have become more concerned with the politics of the community than its people. Don't believe me? If you don't, then look at the high school. Upon entering MISD, I walked in the restroom, and into my first drug deal. May I ask where the drug dogs were then? Also, on every MISD bus, there is a quotation that says "Dedicated to be the best". Now, how can you say that when every year there's multiple cases of students and teachers having sexual relations? And they want to talk about politics??? What about my generation? We're your future, what about us? Unless some answers are given, Nasty's gonna do what he does best... And that's no joke. And when he does, they better have a solid campaign to fall back on if they want to keep their seats, and that goes to the mayor too!
With Warnings,
Nasty

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Last Updated ( Monday, 29 June 2009 08:30 )
 
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