ZPD terminations upheld; lawsuits filed

Zebulon council members heard termination appeals for former Zebulon Police chief Jonathan Hemphill and Cpl. Trustin Brazer on Thursday, Dec. 19. Attorney Paul Howard Jr. of Atlanta represented Hemphill and Brazer at the appeal hearings set for 3:30 p.m. and 4:30 p.m. respectively.

The hearings were limited to 30 minutes each and Howard represented them both, stating the amount of time was “not a sufficient amount of time for the importance of the job Hemphill and Brazer had.” Howard requested an additional hour so he could share the men’s stories completely and also stated they never had the opportunity to tell their side of the story.

Howard claimed the hearing was unfair as it was set up and stated multiple times that the same council members who made the decision to fire Hemphill and Brazer should not be the ones deciding the outcome of the appeal hearings. Howard attempted to call witnesses for cross examination and ask questions of council members but was repeatedly reminded by mayor Joe Walter and city attorney Rob Morton that the hearing only allowed for 30 minutes of information to be presented to council on the terminations and it was not a court proceeding.

At one point during Brazer’s hearing, Howard asked several questions of the council members regarding Brazer and mayor Walter replied, “Because of other things going on, we have been asked not to speak to you or the two appellates.” Upon further pressing, he said the city’s insurance company advised they not speak.

The Pike County Journal Reporter obtained copies of two lawsuits filed Nov. 29 against the city of Zebulon, the city administrator’s office and the city of Zebulon Police Department by Paul Howard Jr. The lawsuit filed on behalf of Hemphill stated that a complaint against Hemphill was made by the person who was to replace Hemphill as interim police chief – Michael Johnson. It stated in part that, “the complaints made by Johnson were without substance and were made with the intent of intentionally, recklessly and maliciously causing Mr. Hemphill to be removed from his position as chief for the personal benefit of Johnson.” The lawsuit also claims a “flawed and illegal administrative process involved in this termination was conducted and orchestrated by city administrator Larry Mitcham.”

The lawsuit on Hemphill’s behalf demanded $5 million compensation from the city, “an amount which is subject to change based upon our continued investigation.”

The lawsuit filed on behalf of Brazer demanded $3 million compensation and made similar claims against Johnson and Mitcham.

At the conclusion of his remarks, Howard said, “I did file a lawsuit against you all today. I’ll be glad to withdraw it if you will treat my clients right. If not, we plan to go forward with the lawsuit.”

After the two appeal hearings were closed, Zebulon council members held a special called meeting at 5:30 p.m. and immediately went into a closed, executive session to discuss the hearings at 5:31 p.m. At 6:41 p.m., council members reconvened the special called meeting and authorized mayor Walter and city administrator Mitcham to work with the Georgia Association of Chiefs of Police to provide an interim chief and to have them assist with the selection process for hiring a new chief of police.
Zebulon council members then affirmed the termination of both Hemphill and Brazer in separate votes.

In their final action of the meeting, council members authorized mayor Walter to sign final action notices to Hemphill and Brazer. The meeting was adjourned at 6:48 p.m.