I move that the Personnel Complaint Investigation conducted by Risk Management Director David Morgan, has SUSTAINED the following:
1. That Dennis DeWitt violated the Bee County Code of Personal Conduct by failing to “respect the dignity of every individual” with each of the complaints when Mr. DeWitt used the racial slurs “wetback” and/or “Mexican/meskin”.
2. That Dennis DeWitt violated that Bee County Personnel Policies by “Unauthorized Use of Official Information” and “Unauthorized or Abuse of Official Authority” when Mr. DeWitt informed Mr. Gonzales that he owed taxes on his trailer and his land and that he would be given a “month” to pay his taxes. [The notification of delinquent taxes and the determination of tax payment deadlines are not in the job description of the Community Affairs Director.]
3. That Dennis DeWitt violated the Bee County Personnel Policies by “Unauthorized or Abuse of Official Authority” when Mr. DeWitt repeatedly informed Mr. Gonzales and Mr. Cushing on 01.16.09 of his status as a deputy and stated that he could arrest them when discussing an unauthorized landfill on Mr. Gonzales’s land after Gonzales and Mr. Cushing had removed that debris to a certified landfill prior to the 01.16.09 meeting in DeWitt’s office and prior to the thirty day deadline to clear the debris stated in DeWitt’s certified letters to Gonzales and Cushing dated 01.14.09.
4. That Dennis DeWitt violated the Bee County Personnel Policies by “Unauthorized or Abuse of Official Authority” when Mr. DeWitt subsequently submitted an agenda item dated 04.28.10 for “Discussion and action concerning unauthorized landfill and state jail felony dumping, including detailed discussion of complaints, investigation, certified letters and final action”, (with copies pictures dated 01.22.08 and 12.31.08) more than a year after the unauthorized landfill site had been properly cleared by Mr. Gonzales and Mr. Cushing in January 2009.
Definition of SUSTAINED as provided by complaint investigator David Morgan: “To sustain a complaint, the Court must find there is sufficient, credible proof that the allegation is true, and the employee is guilty of violating the policy alleged to be violated.
I move that the following be added to the personnel file of Dennis DeWitt:
1. The original complaints against Mr. DeWitt by Amanda Gonzales and her sister, Lori Keller, and by Brian Cushing and his business partner, Willie Gonzales;
2. A copy of the Commissioners Court motion to sustain the issues of the previous motion;
3. Copies of letters of apology to each of the complainants from the Commissioners Court.
My motion includes placing on the public record all of the documentation from the Personal Complaint Investigation of Dennis DeWitt and the memo, in it’s entirety, from the DeWitt dated 04.30.10, which included the agenda item DeWitt requested 04.28.10 in reference to an unauthorized landfill.