Letter suggests CPD chief willing to resign under right conditions

UPDATE 7/20: ABC17 News spoke briefly with Columbia Mayor Brian Treece Wednesday morning about the allegations that he sought support from City Council to remove Police Chief Ken Burton.

The letter referenced below, sent by the Eng and Woods firm on July 15, alleged Treece violated Article II of the City of Columbia Charter.

A brief look at theSection 12 of the charter, titled Prohibiting Interference, states “neither the council nor any of its members shall direct or request the appointment of any person to, or the removal of any person from office by the city manager or any of the manager’s subordinates nor in any way interfere with the appointment or removal of officers and employees in the administrative service of the city.”

Treece was out of town Wednesday and couldn’t say much at this time in response to the letter, but said he would get back with a response.

Dale Roberts, the executive director of the Columbia Police Officer’s Association, said Thursday that the CPOA still supports Treece at this time.

“He’s one of the first city elected people to come out and openly talk about how much he supports the law enforcement community,” said Roberts. “I think his respect and support for law enforcement is genuine and not just a political slogan.”

Roberts also said officers are confused and conflicted about Burton’s accusations that there had been no written notice of the intent to remove him.

He said Burton actively sought for the past several years to strip ranking officers of those kind of privileges.

“He’s enjoying and enforcing the same protection which he himself took away from his captains,” said Roberts. “He’s chipping away at that protection. Our officers used to have protection and I think it’s been three years ago now, he went to the city council and convinced them to take that same level of job protection away.”

You can view the minutes of that city council meeting in 2012 here.

7/19: A letter has been sent to Columbia Mayor Brian Treece by the law firm representing Chief Ken Burton of the Columbia Police Department.

The letter, sent by the Eng and Woods firm on July 15, states Treece has been seeking support from the city council to have Burton removed from his position. It then states that if removing Burton is indeed the council’s wish, Burton would be willing to “move on” based on “monetary offers the City may make.” It closes with an invitation to discuss the matter with the law firm if the city wants to start a dialogue “in that regard.”

The full text of the letter is as follows:

“Dear Mr. Treece:

Be advised that we represent Chief Ken Burton.

Chief Burton has been advised that you are seeking the support of the City Council to remove him from his job. This conduct clearly violates Article II of the City of Columbia Charter.

Further, there is no basis to seek Chief Burton’s removal under106.273 of the Revised Statutes of Missouri. As well, Chief Burton has not been provided written notice by the ‘appointing authority or the governing body’ of an intent to remove him or notice of his opportunity to present his case against removal as specified by 106.273 RSMo.

While Chief Burton intends to continue to faithfully serve the citizens of the City of Columbia into the future, if you wish to remove him from service, Chief Burton would consider monetary offers the City may make to him if it is your wish that he move on. If you wish to establish a dialogue in that regard, please communicate directly with me about same.”

The Columbia City Charter says the city council cannot interfere with the hiring or firing of a city staff member, which includes the police chief, and must work “solely through the city manager” to deal with them. A council member would have to give up their position for breaking that rule.

The letter gives no details as to what Treece may have done to violate the charter, in this case. The mayor did not return calls made by ABC 17 News Tuesday night.

Burton has been the focus of criticism from both community members and his own department this week. An anonymous Columbia Police Officers Association survey released Monday detailed low morale, some members citing the department’s leadership. Members of the community group Race Matters, Friends called for Burton’s firing Monday night, citing that report, and Burton’s defense against racial profiling in the department in light of the Missouri Attorney General’s report on traffic stops in Columbia.

State law requires cities notify its police chief at least ten days before any meeting or vote takes place related to their firing. The group must also prove “just cause,” and allow that person or their lawyer to speak at the meeting.