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Police chief locked out of department: Councilmember says he was never reinstated

FOREST PARK, Ga. — Members of the City Council say they fired the police chief, and he showed back up to work after the mayor vetoed his termination and reinstated him.

Elected and other city officials are divided, depending on their interpretation of the city charter. Some say Brandon Criss is still police chief, others say he’s not, Channel 2’s Tyisha Fernandes learned.

Criss is now suing the city.

He showed up to the police department Monday with no key card to get in. He walked through the doors, and a staff member let him in the secured area, which made the interim police chief and some staff uncomfortable.

“I saw no conclusive evidence to justify his termination and any effort to terminate Chief Criss should be immediately withdrawn,” said Mayor Gwen Ellison during the June 1 council meeting.

The public statement from the mayor was in response to the council’s vote to terminate Criss’ employment.

“Chief Criss maintains a contract with city of Forest Park that has been duly affirmed by resolution. Therefore, I’m exercising my veto authority,” the mayor said.

At least three council members and the city attorney say the mayor’s original veto was unlawful.

“So, in our charter it states that the mayor can only veto a resolution or an ordinance, and the vote to terminate or to uphold the termination for cause was not either,” said Councilmember Kimberly James.

James said in the exclusive interview with Channel 2 on Wednesday that this was never political.

She said it started when Criss approached council about a new contract, asking for more money and other things James says a majority of the council didn’t agree with.

James said that’s when Criss started demanding things

“’Well, I see in my previous contract that I’m due to get paid 80 hours of any unused vacation time,’” James said Criss told them. “So we’re like, ‘OK, great – what’s the vacation time? Let us know the vacation time you already used.’ That’s when everything spiraled.”

James says council voted to investigate the chief’s paid time off.

Part of the investigation findings says, “The totality of the evidence demonstrates a sustained pattern of misconduct, lack of accountability, and disregard for the policies and standards governing municipal operations.”

Mayor Ellison responded in the June 1 meeting.

“Although an investigation was conducted, it was riddled with inconsistencies and inaccurate information,”’ the mayor said at the meeting.

Criss’ return to the office happened one week after the mayor and at least two council members said he was reinstated during the meeting.

His lawsuit says in part, “The veto was timely issued and properly communicated in writing. … The City Council did not override the veto in the manner required by the city charter. … As a result, petitioner Criss contends that the termination action never became legally effective.”

An email thread states the city paid Criss the full payout for paid time off that he was asking for.

He got that payment last week. Criss said he can’t comment on pending litigation.

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