A civil service appeal hearing began on Friday regarding the termination of former Brownwood police officer Michael Clark. Independent arbitrator/mediator Kathy Fragnoli of Dallas presided over the hearing.
According to Brownwood City Attorney Pat Chesser, Clark was terminated because of in an incident on November 6, 2009 where he allegedly violated civil service rules and BPD policy.
During opening statements by Chesser and defense attorney Lance Wyatt, the following dates were established for the court:
In November of 2009, Clark was charged with Assault Family Violence and Unlawful restraint after an altercation with a woman he was involved with while he was reported to be “highly intoxicated”. These charges were dropped on November 22, 2010 when a plea bargain was struck with County Attorney Shane Britton’s office involving Clark agreeing to plead no contest to lesser misdemeanor charges of Public Intoxication and Disorderly Conduct.
Clark was put on paid administrative leave on the date of the incident, November 6, 2009. Mid- December 2010, Brownwood Police Chief Mike Corley and Assistant Chief James Fuller had a meeting with Clark where he was reported to have been given the chance to resign from the BPD. Clark refused this offer a few days later and on December 24, 2010 was given an indefinite termination.
Witnesses present who were subpoenaed for the case included Brownwood police officers, Brown County sheriff’s deputies, an Early police officer, retired BPD administration, a former dispatcher, the Brown County Attorney & District Attorney, along with the prosecution’s key witness and her husband.
This appeal hearing involved many witnesses and various accounts of the incident. Fragnoli informed the audience at the opening of the hearing that it could be lengthy.
“I’m not going to rule on a motion to dismiss today without hearing all the witnesses,” Fragnoli commented. “I guess we will be spending a couple of weeks here.”
After a lunch break, the case took a surprise turn when Fragnoli urged both attorneys to get together and work out an agreement.
The hearing ended with a tentative agreement between Clark and the City of Brownwood, which allowed Clark to be reinstated with back pay if he would agree to resign from the police force with an honorable discharge. The agreement will have to go before the Brownwood City Council for approval.
Officials from the Brownwood Police Department declined to comment at this time.
