by Leslie Lytle, Messenger Staff Writer

The Feb. 23 Monteagle Council meeting opened and closed with testy discussion about police issues. The first dealt with filing a complaint. The second grappled with the council taking corrective action regarding a police officer.

“We don’t investigate just on a rumor,” said Police Chief William Raline emphasizing the importance of filing a written complaint against an individual. Raline explained if the investigation found evidence of a crime, the case went to the county district attorney for further investigation, and if the DA found evidence the case went to the Tennessee Bureau of Investigation. No complaints have been filed since Raline served as chief.

Raline noted in the case of a complaint against a police officer, the investigation also began with the department, unless it was a complaint against him, i.e., the chief of police. In that case, the investigation would fall to the mayor if the complaint was administrative and if criminal, such as excessive force or inappropriate touching, the county would investigate, then the TBI.

In response to a question from a resident, city recorder Debbie Taylor said the city had forms for filing a complaint against an employee, and either the police form or the city’s form could be used to file a complaint against a police officer.

Alderman Dean Lay speculated “people would feel intimidated” filing a complaint against a police officer. Speaking about complaints in general, Lay said, “I go to the mayor if I learn about a complaint.” He noted, however, if the complaining person did not give their name, “I wait to see if someone else brings it up. Often complaints don’t have merit.”

Alderman Nate Wilson suggested the police form for filing a complaint be changed to stipulate the council investigated if the complaint was against an officer. “If the complaint is within the police department, it makes sense for the council to be aware,” Wilson said. Raline concurred although highlighting the distinction between an administrative and criminal complaint.

Alderman Grant Fletcher said both the police complaint forms and the city employee complaint forms should be available at city hall to minimize intimidation. A resident recommended both complaint forms be made available by email or by postal mail. “I feel a person shouldn’t have to sign their name to a written complaint,” Lay said. “If you feel intimidated, send me an email. The mayor has always talked to me. That process works.”

Taking up the issue of the September arrest of Monteagle business owner Rodney Kilgore by Monteagle police officer Sargent Hafiz Karteron, Alderman Dan Sargent said, “The judge found the officer at fault. There should be some corrective action taken. The plaintive would like to see this officer leave the city of Monteagle’s police department. A number of community members feel that way. The council can make the decision if the police chief doesn’t. We’re obligated to the citizens to act.”

Wilson and Fletcher insisted they lacked information on the case. “There is still an ongoing investigation,” Raline said. “There were three parts in the arrest. One part was concluded. The other two aren’t.” Lay offered background, explaining Grundy County Judge Trey Anderson ruled on the kidnapping charge and sent the case back to Marion County. On April 28 the Marion County grand jury will rule on the destruction of property and resisting arrest charges. “We need to wait until the grand jury meets,” Lay argued.

In response to Sargent’s objection to the body cam footage of the incident appearing on Facebook, Raline said he released the body cam video in response to a Freedom of Information Act request. Kilgore has also filed a civil case in federal court in addition to challenging the criminal charges against him. “The video has nothing to do with right or wrong,” Fletcher stressed.

Fletcher and Wilson requested full documentation of all related court decisions on an ongoing basis.

In another police matter, the council amended a November decision to purchase eight automatic rifles, cost $17,976. Raline acknowledged he in error failed to note the cost reflected the vendor receiving the department’s two no-longer-serviceable rifles as part of the deal. The council voted to sell the no longer serviceable rifles separately and due to budget constraints to purchase only six rifles not to exceed $17,976 in cost, charged against the drug fund budget. Lay voted against the purchase. In the November vote he passed.

The council also voted to approve on first reading two zoning ordinance amendments. One amendment deletes language stating a sketch plan sufficed for new commercial development under 1,000 square feet; as amended the ordinance stipulates all commercial development requires a site plan.

The other amendment rezoned R-2 property to R-3 property so three small adjacent lots would all have R-3 residential zoning, rather than a mix of R-2 and R-3. Owner Lay said at present one of the lots was partially zoned R-2 and partially zoned R-3.

In another zoning ordinance issue, resident Jeff O’Neal asked the council to make a public statement supporting his court challenge to a developer who wanted to make a road through his property to gain access to a proposed subdivision on landlocked property. O’Neal claimed the subdivision was created 40 years ago without the consent of the planning commission.

“I don’t know where we have any action we can take,” Fletcher said. “If it’s in court, we shouldn’t talk about it,” Sargent pointed out. In support of O’Neal’s position, Wilson cited Monteagle ordinance stipulating a developer would not be issued a building permit if there was no road access.