Attorneys for the City of Odessa have asked the Texas Attorney General’s Office for legal advice about an Odessa American Texas Public Information Act request regarding an incident in which Odessa Fire Rescue cadets were injured.
In a letter to Attorney General Ken Paxton, Assistant City Attorney Kevin McKethan argues the OA is not entitled to information regarding an August 2022 event in which several OFR cadets were injured.
On Jan. 10, the OA requested emails, texts, witness statements and other documents upon learning the cadets had been injured and the law firm of Davidson Sheen had been hired Jan. 3 to investigate the incident despite the fact former OFR Chief John Alvarez said an investigation had already been conducted and disciplinary actions taken.
According to sources within the city, Alvarez himself sparked the investigation after noticing cadets with bandaged hands and discovering they’d received blisters during a physical training exercise.
The same sources said Training Chief Marty Moya was suspended for five days without pay and Training Captain Kris Norred received a written reprimand as a result of the injuries. Moya announced his Jan. 1 retirement Nov. 16.
The city did release documents showing Davidson Sheen’s billing rate is $375 an hour and the associate attorney rate ranges from $195-$250 an hour.
However, McKethan argues in a Jan. 17 letter the other documents cannot be disclosed because the investigation was closed and no one was convicted of a crime or given deferred adjudication. However, he also argues the records can’t be disclosed because the city has reopened the investigation.
McKethan also argues the records shouldn’t be disclosed because “litigation resulting from the incident is reasonably anticipated.”
Lastly, McKethan also notes some of the emails requested were not saved to the hard drives of the computers used by the employees.
“In order to restore the e-mail messages, the Information Technology department would have to review backup database logs and load the necessary backup tapes and restore post office data,” he wrote.
Davidson Sheen was also asked to investigate separate allegations Downtown Odessa Director Casey Hallmark made Dec. 13 and again Jan. 10 against Mayor Javier Joven and Council member Chris Hanie.
Hallmark alleged Mayor Javier Joven told her the police department is full of murderers and she needed to watch her back.
Speaking to Joven Dec. 13, she said, “The dirty politics have made this job unbearable. You came to my office so many times. You were right here when I went to shake your hand three weeks into my job and you told me you’d accept my letter of resignation. You told the public to fire me and rescind my offer because I’m a ‘crazy liberal.’”
Hallmark accused Hanie of becoming upset with her for identifying him as a council person on a banner put up for the Parade of Lights event in downtown Odessa.
In her version of the event, Hallmark said Hanie told her “I am not a (expletive) council person. I am a (expletive) council man and I will be referred to as such,” Hallmark said.
Hanie has denied the allegation, citing his Christian faith. He said he merely told Hallmark he prefers to be addressed as councilman.
“I was accused of being a bully, intimidating and screamed at by a young lady and I would like it to be known right here I don’t yell,” Hanie said during last week’s council meeting. “I don’t have anybody to yell at. I don’t have any reason to yell.”
Hallmark said she sat for a deposition with Tommy Sheen of Davidson Sheen on Friday, but was told she and members of the public would likely not be given access to other depositions due to attorney-client priviledge.
Hallmark’s use of the “F-word” during the Jan. 10 council meeting sparked an outcry on social media with Odessa’s Accountability Project and several others calling for Hallmark to be dis-invited from a Jan. 18 Ector County Republican Women’s event where she’d been invited to speak about Downtown Odessa’s successful year.
The post stated Hallmark’s recent behavior “makes her appear unhinged and out of touch with reality.” As of Tuesday, the post had gained 216 comments and 24 shares.
Hallmark said Tuesday she has notified the ECRW she will not be speaking at the event. She also noted she has filed a complaint about Ector County Republican Chairwoman Tisha Crow with the City of Odessa’s Human Resources department.
Crow and Hanie have both been appointed to Downtown Odessa’s board since Hallmark’s comments on Dec. 13.
Crow is one of several people who “liked” and chimed in on the Odessa’s Accountability Project’s Facebook post about Hallmark’s invitation to the ECRW event.
In one post, Crow complained “dropped the ‘f’-bomb in council. She is a disgrace.”
Crow also “liked” many of the comments blasting Hallmark’s actions at the council meetings, including one in which someone falsely claimed Hallmark “trashed our police force and called them murderers.”
Hallmark said she saw the appointments of Crow and Hanie to her board as a welcome opportunity for more people to become engaged and educated on Downtown Odessa’s efforts to revitalize the downtown area.
However, she does not believe Crow’s Facebook comments were appropriate.
While everyone is entitled to their own opinion, because Crow is now a member of her board she should be held to a different standard, Hallmark said.
“I would hope that people appointed to the board would have a common goal of elevating and furthering Downtown Odessa’s mission,” Hallmark said. “I don’t see how that can be done when Tisha Crow is dragging the director through the mud on social media.”
The fact she worked for Crow’s husband, Kris, for several years, babysat the couple’s children and spent time in their home makes it that much more apparent the Facebook posts by Tisha Crow were personal in nature, Hallmark said.
As representatives of the city, Hallmark said she and council appointees should strive to be respectful of one another despite their differences.
Tisha Crow did not immediately respond to a voicemail and text message seeking comment.
