Trinidad Council Terminate City Judge, Attorney – Citizens Argue Retaliation

PENDING LITIGATION and RESIGNATION?

By Kris Smith and Mark Archibald

Last Thursday, the Trinidad City Council held a special meeting in a standing room only at the council chambers at Trinidad City Hall.

Filled to the brim with residents, several members of the media, and citizens from Trinidad and beyond, Mayor Dennis Haws called the meeting to order.

Beginning with the public comments section of the agenda, which was not approved by Mayor Haws, but by Councilwoman Marie Bannister.  Bannister was named in the Combs civil suit, as was the City of Trinidad, its Police Department, and Chief of Police Charles Gregory.

During the public comments portion of the meeting, several residents spoke in favor of Combs citing First Amendment concerns.  Others, including a former city administrator, Lindsey Patterson, questioned the city’s process.

The City of Trinidad, which is located within Henderson County, has been under fire since the arrests of Jennifer Combs and Winston Noles, also known as ‘Otto the Watchdog’.   Noles’ charge was dropped by City Judge Shellena Bivens, after the major witness – a Trinidad Water Clerk could not testify to the charges.

The meeting was NOT in response to the month-long issue with last week’s report of the Combs arrest, but to terminate contracts with not only Bivens, but their City Attorney Clayton B. Gaddis PLLC as well.

Combs’ attorney, CJ Grisham, spoke at different parts of the meeting asking if the decision to terminate Bivens was in retaliation for that decision.

Bivens requested an open hearing instead of having her fate decided in a planned Executive Session, as is her right, according to State Law and the Local Government Code, which all municipalities must follow.  “I have been a good judge, a damn good judge,” said Bivens.

Grisham, who represents both Combs called the council meeting dysfunctional.

The action to fire Bivens could be void because it does not fall under the reasons a member of the bench can be relieved.

Grisham further accused many of the Trinidad City leadership of using the Constitution as ‘toilet paper’.  Grisham also addressed Police Chief Charles Gregory, before asking him to resign. “The badge doesn’t make you above the law it makes you more accountable to it,” said Grisham.

Grisham warned the council that retaliation could become expensive.

Chief Gregory, who is named in Combs’ lawsuit, exchanged words with Mayor Dennis Haws.   “Every one of these council members is backed up in a corner because you’ve allowed it,” said Gregory.

Further discussion resulted from an agenda item to hire Flowers and Davis PLLC to provide outside legal counsel, before the council terminated an agreement with Gaddis.

Bannister, with current City Administrator, Cynthia “Sam” Dosier, made the decision to search for outside representation for the city – citing, “I am personally being sued and needed an attorney.”

No decision was made to address water quality at Thursday’s meeting.

One council member asked about addressing the issue of alleyways.

The NavCo Chronicle will continue to stand as defenders of the First Amendment and will follow and update this story as details warrant.

At publication time, an unconfirmed report of the resignation of Chief Gregory is circulating.  NavCo Publisher Kris Smith is awaiting confirmation of this report.

This story will be updated when that information is received.

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