Smithville Police Chief Randy Caplinger will soon be afforded a due process hearing before the Board of Aldermen on whether he should be reinstated after Mayor Jimmy Poss fired him last month. But before Caplinger gets that hearing, the Mayor and Aldermen have to agree on when to have it.
The city administration seems intent on conducting the hearing in the morning hours at city hall but that is not going over well with the attorney representing Caplinger, Sarah Cripps nor with Alderman Shawn Jacobs, who says he can’t attend a morning meeting because of his work schedule and is asking that it be held at a more convenient time for himself and all others involved including the public.
Caplinger’s due process hearing had been scheduled for a special meeting Friday, April 10 at city hall starting at 10 a.m. but Cripps, in a letter to City Attorney Vester Parsley, Jr. said she and her co-counsel Brandon Cox were not available at that time. She suggested having it on Friday, April 24.
Cripps is also wanting to have the hearing when Caplinger’s supporters can attend. In her letter to Parsley, Cripps alleges that the city’s decision for a morning hearing is to avoid that. “You (Parsley) informed me that Mr. Caplinger’s due process hearing will not be conducted at the City Council’s regularly scheduled meeting but, instead will occur at a “special meeting” held in the morning hours. In view of the demonstration of such strong public support in favor of Chief Caplinger’s retention, I am not at all surprised that the City of Smithville has taken the decision to conduct the due process termination hearing “in the morning hours” as to avoid the penetrating and unremitting gaze of the public. In this regard, Chief Caplinger again respectfully requests that he be afforded a hearing before the three person board or commission as required by Smithville City Code Section 4-205(7) prior to conducting a hearing before the entire City Council,” wrote Cripps.
She also wants City Judge Hilton Conger to serve as Parliamentarian at the hearing and be designated to rule on any evidentiary and legal issues which counsel for either side may raise during Chief Caplinger’s due process hearing.
Cripps addressed the Mayor and Aldermen briefly with her concerns during the regular monthly meeting Monday night . “We’re here to say that we have been advised that the meeting on Chief Caplinger would be in the morning (hours). We are requesting that it be held at a regularly scheduled meeting of this body which would be in the evenings so that everybody could go. It was explained to our office that the meeting couldn’t be held in the afternoon because the mayor drives a school bus for the board of education and Alderman (Danny) Washer also drives a school bus so they were not available. I was disappointed in the attempts, which I regard as reprehensible to hold a meeting of this magnitude in the morning at a time when it really makes a mockery of the term “public” hearing because two of the aldermen we know have prior commitments. It appears as though it’s an attempt to circumvent the real intention of city code 4205 and to have the outcome foreordained. I just want to encourage everybody to govern in the sunshine and to make your decisions under the gaze of the public,” said Cripps
“Sarah we have other meetings in the mornings that probably you are not aware of. This is not the only time,” said Mayor Poss.
According to the new city charter adopted in 2013, Regular city council meetings are to be held once per month at 6:00 p.m. but special meetings may be called as needed either by the mayor or any two aldermen, giving at least 48 hours notice.
Alderman Jacobs said that he could not attend a morning meeting and added that he didn’t understand why it could not be scheduled in the late afternoon or in the evening at a time when the mayor and the entire board of aldermen could attend which would also make it more convenient for the public. “The meetings we have had (previously) in the mornings were when I was able to attend in the mornings due to my work schedule. Now my work schedule has changed and I can only attend afternoon or evening meetings. My being able to attend afternoon or evening meetings is no different from you (Mayor) and Mr. Washer being able to attend morning meetings. I think as a member of this board I am entitled to be at any meeting and I think any effort should be made to let all members of the board be present. I too find it reprehensible that there seems to be no effort to accommodate those of us who are unable to attend. It certainly doesn’t look good upon the city that it’s going to be held when perhaps members of the public who would like to be here aren’t going to be here. I think there may be some legal concern with this being scheduled (in the mornings). I think we’re in some gray territory as far as whether this is even legal or not,” said Alderman Jacobs
Mayor Poss asked Alderman Jacobs, “Have you checked with anybody to see if its legal?”
Alderman Jacobs replied “I have not because I hope we would all be ladies and gentlemen enough and be concerned enough about our responsibilities to the residents of the city that we could work out a time like we’ve always done. Before we’ve always worked to try to accommodate each other’s schedule. I don’t see why we can’t do it this time. Any afternoon or evening I can be here. My work is out of town and I can’t take mornings off because that’s when the heaviest part of my work is done. I don’t understand why we can’t have an evening meeting. It seems like it would be more convenient for everybody including the public,” he said.
“I don’t think a meeting has been scheduled yet has it?” asked Alderman Gayla Hendrix. One was scheduled (April 10) but we got an email and Ms. Cripps asked for a different date. Several of us aren’t available (to attend April 10). I’ve not gotten a message on another meeting. Has anyone else?” she asked
Alderman Danny Washer asked “What was the reason the first one was cancelled?”
Cripps replied “We had a conflict”
“I couldn’t be here for that one either (April 10) because it was in the morning,” said Alderman Jacobs.
“I think there’s two or three of us who can’t make that date (April 10) but we haven’t discussed another date. I’m open to any date but let’s discuss that through email,” Alderman Hendrix said.
Alderman Washer said he would be willing to meet at any time provided it didn’t conflict with his already planned personal vacation time. ” You set the time and If I am in the county, if I’m available I’ll be here. I don’t care when it is. I want to get this done. Surely to goodness we can come together on one day when everybody can be here. I’ll work my schedule to be here,” he said.
“I think that is something we can easily pass an email around so we can get a consensus when we’re all available. We can check calendars. There is no reason to hash on that tonight when we don’t have everybody here (Alderman Jason Murphy was absent Monday night) to make a decision,” said Alderman Hendrix.
Mayor Poss asked Alderman Jacobs ” What time do you get off work Shawn?”
“It varies. Today I didn’t get home until 4:00 p.m.” he said.
“So how do we plan on that”? asked Poss
“Well I’ll be home by 6 p.m. I’ll certainly be home by late afternoon or by 6 p.m.” replied Alderman Jacobs.
“So in other words, we’ve got to accommodate you. I don’t even want to argue the thing,” said Mayor Poss
“I don’t either but we’ve always worked to try to accommodate everyone before,” answered Alderman Jacobs.
“We can if everybody will try to work with everybody,” added Mayor Poss.
“I can make any late afternoon or evening,” Alderman Jacobs said
“That’s what I’m saying. Everybody has got to change it for you,” Mayor Poss concluded.
In a statement to WJLE after the meeting, Alderman Jacobs said “I’m really not trying to be argumentative about this. It’s really very simple. I just want the hearing to be held at a time when all members of the Board of Aldermen can be there and when more of the general public can potentially be present if they want to be. I just want our action to be completely open for public scrutiny,” he said.

The DeKalb County Board of Education Monday night during a special called meeting made a contract buyout offer to Director of Schools Mark Willoughby.
The vote was 6-1 in favor. Second District member Jerry Wayne Johnson voted against it.
(PLAY VIDEO OF ENTIRE SPECIAL MEETING BELOW)

Under terms of the proposal, the School Board has agreed to pay Mr. Willoughby his salary and all insurance benefits now in effect through June 30th. During the term of this agreement, no additional personal leave days shall accrue and salary and benefit payments shall not increase or decrease. Such salary and benefits shall be paid upon the regularly scheduled dates established by policy or practice for all currently employed licensed personnel.
Since Willoughby has already been paid for the month of April, the board believes it necessary for him to stay on as Director until an interim is named possibly by the next regularly scheduled meeting on April 16.
Director Willoughby has forty eight hours to notify the board whether he will accept the proposed settlement. He wants the terms in writing so he can have an attorney review them before he makes up his mind.
Willoughby, who last month announced his retirement date as June 30th, reminded the board that he had not sought any contract buyout. “I didn’t ask for a buyout but I’ll be professional if the board chooses to buyout the contract. If the board does not, I’ll be happy to stay until June 30 and do my job,” he said.
Board Chairman W.J. (Dub) Evins, III said it is his understanding after consulting a TSBA attorney that if Willoughby does not accept the proposal, the board has the option of giving him a fifteen day notice and paying him through June 30.
While the board would have to find the money to pay an interim until a new director is under contract, funds are already in the budget to pay Willoughby through June 30th.

An 18 year old McMinnville man was airlifted after he crashed his pickup truck on Belk Road (State Highway 288) near Walker Road Sunday morning.
Danny Smedley was taken by DeKalb EMS from the scene of the accident to a helicopter landing zone set up near New Union The Baptist Church. Smedley was flown from there to Erlanger Hospital in Chattanooga.
Trooper Chris Delong of the Tennessee Highway Patrol told WJLE that Smedley was traveling toward Warren County in a 2006 Nissan Titan when he left the road, struck an embankment, broke a utility pole, and then went back across the highway, coming to rest in the opposite direction.
Later in the day, a Murfreesboro woman was injured in a motorcycle accident on Highway 70 near the VFW Club location.
Trooper Delong said 40 year old Katherine Lawless was on a 1998 Honda motorcycle traveling east when she hit gravel and lost control in a curve. She was transported by DeKalb EMS to DeKalb Community Hospital

An elderly woman died in a two vehicle crash Monday afternoon at the intersection of Highways 70 and 83 near Kilgore’s Restaurant.
Dead is 83 year old Robbie D. Taylor of Smithville.
Central dispatch was first notified of the crash at 2:36 p.m.
Trooper Jimmy Tisdale of the Tennessee Highway Patrol told WJLE that Taylor was driving south on Highway 83 in a 2007 Chevy Impala when she pulled into the path of a 2010 Chevy HHR, driven by 35 year old Jennifer Buck of Dowelltown who was east on Highway 70.
According to Trooper Tisdale, Buck saw Taylor’s car coming across the highway in front of her and swerved but was unable to avoid the collision.
Buck was taken by DeKalb EMS to DeKalb Community Hospital where she was treated for injuries including a fractured arm according to Trooper Tisdale. Taylor was also taken to the hospital where she was pronounced dead.
Sergeant Eric McCormick of the Tennessee Highway Patrol assisted Trooper Tisdale in the crash investigation. Members of the Sheriff’s Department and Main Station of the DeKalb County Volunteer Fire Department were also on the scene to render assistance.
According to Trooper Tisdale, both Taylor and Buck were wearing their seatbelts.

Spring and summer mean having fun in the sun and enjoying many outdoor activities. Keeping your family safe is also important. The Tennessee Department of Health reminds Tennesseans that preventing exposure of people and their pets to the rabies virus is a priority, especially during this time of year.
Keep vaccinations up-to-date for all dogs and cats, as required by Tennessee law and local ordinances. Owners are urged to have their dogs (3 months of age or older) and cats (6 months of age or older) vaccinated. Store purchased vaccines are not legally acceptable.
Vaccination clinics will be held on the following dates and locations:
Animal Clinic of Smithville, 440 East Broad Street (Dr. Mark Burke) In the office:
April 15: 8:00 a.m. to Noon.
April 16: 8:00 a.m. to 5:00 p.m.
April 17: 8:00 a.m. to 5:00 p.m.
April 18: 8:00 a.m. to Noon.
DeKalb County Animal Clinic, 1020 West Broad Street (Dr. Scott Little) In the office:
April 15: 8:00 a.m. to Noon
April 16: 8:00 a.m. to 5:00 p.m.
April 17: 8:00 a.m. to 5:00 p.m.
April 18: 8:00 a.m. to Noon.
Wheeler Veterinary Clinic, 690 North Congress Boulevard (Dr. Jamie Fornabaio) In the office:
April 14: 8:00 a.m. to 3:00 p.m.
April 15: 8:00 a.m. to 3:00 p.m.
April 16: 8:00 a.m. to 3:00 p.m.
April 17: 8:00 a.m. to 3:00 p.m.
A fee of $7.00 will be charged for each inoculation.
For more information contact an Environmental Health Specialist at the DeKalb County Health Department at 597-7590.
Humans can be exposed to rabies when attempting to assist, feed or handle wild animals. If a wild or domestic animal is seen as ill or acting strangely, it should be reported to your local animal control agency. Bats in particular should not be handled. If a bat is found inside, in a swimming pool, or brought home by your pets, use precautions and consult your local health department.
Rabies is a deadly virus transmitted through the saliva of an infected animal. Rabies infection occurs primarily in wildlife in Tennessee, but it can be transmitted to any mammal, including humans and family pets. Bites are the most common means of transmission; contact with saliva from an infected animal can also be a concern.
Citizens can take the following actions to help prevent the spread of rabies:
Keep your pets under direct supervision so they do not come into contact with wild animals. If your pet is bitten by a wild animal, seek veterinary assistance for the animal immediately.
Keep children away from any wild or dead animals. Educate them not to touch or attempt to pick up, feed or handle any wild or unfamiliar domestic animals, especially those that are or appear to be sick or injured.
Do not disturb bats. Instead, consult your local health department or animal control agency for assistance in dealing with potential exposure to bats.
For more information or assistance with a potential rabies exposure, call your local health department or the Tennessee Department of Health emergency line at 615-741-7247.

More than $5,000 was raised during a three hour radiothon Friday morning on WJLE for the DCHS Class of 2015 Project Graduation.
DCHS teacher Chris Vance and David Hedge co-hosted the program and parents of high school seniors who serve on the Project Graduation committee answered phones, taking pledges during the drive. Several members of the DCHS Class of 2015 also participated.
Parents and students wish to thank everyone who supported the radiothon.
Project Graduation is an all night drug-free, alcohol-free graduation party for members of the DCHS Class of 2015 committed to having a safe, wholesome, yet entertaining celebration together for the last time as a class.
Judith Hale, President of the Project Graduation Committee said she is pleased with the results of the Radiothon. “It’s more than what I was expecting. We were hoping for $5,000 and we actually got $5,060.”
“Project Graduation is in its 16th year. Our community has played a huge part in wanting to keep our children of DeKalb County safe by all the donations and prayers. I would like to personally thank the people of DeKalb County for all that they have done,” said Hale.
“On the night of Project Graduation, we’ll have people come in and bring games and we’ll have a lot of churches donate food and things along that line for the teens. With so much going on we plan to stay busy the whole night,” she said.
Other fundraising events are planned including a plant sale on Saturday, April 11 starting at 8:00 a.m. at the DeKalb Middle School parking lot. Local nurseries are donating plants for the sale. A fishing tournament will take place on Saturday, April 18 from 7:30 a.m. until 3:30 p.m. at Ragland Bottom Recreation Area on Center Hill Lake. Proceeds will benefit the DCHS Class of 2015 Project Graduation