Former Fort Worth police chief fights to keep retaliation lawsuit details public
FORT WORTH, Texas - Fired Fort Worth Police Chief Joel Fitzgerald is fighting to keep all the information in his lawsuit public.
The city of Fort Worth argues when the case goes to court, some details about its computer security system should be sealed. Attorneys for Fitzgerald filed a motion to block that request.
Fitzgerald's attorneys hoped to hash out the differences with city attorneys during a hearing Monday in Dallas County District Court.
Fort Worth Mayor Betsy Price and City Manager David Cooke were among those subpoenaed to testify at Fitzgerald’s hearing.
“I agreed with his termination. Yes, sir,” Price said.
The fired former police chief is trying to extend a restraining order and block the city from hiring a permanent police chief until his lawsuit against the city is resolved. Fitzgerald alleges he was terminated back in May as retaliation for exposing city hall corruption.
Fitzgerald's attorney, Stephen Kennedy, questioned Price about the events leading up to Cooke firing him. And while Price repeatedly said she is not responsible for hiring or firing, she did voice concerns about Fitzgerald’s ability to build relationships with those in the community.
“I would say his report was lacking,” she said.
Witnesses were questioned about Fitzgerald’s conduct at a conference in Washington, D.C. in May where he was accused of acting unprofessionally.
Tarrant County Sheriff’s Office Chaplain Wesley McDuffie took photographs of that event. He testified that he wasn’t aware of any conflict.
Mason Fincher is the Fort Worth police special investigator Fitzgerald assigned to look into allegations that several employees had access to a federal criminal database without proper clearance, which would be a criminal offense.
After Fitzgerald’s firing, Fincher was reassigned to a desk job.
Kennedy asked interim Chief Ed Kraus why that happened.
“He was one of the chief’s drivers and protection detail members, and I chose not to have a driver and detail member,” Kraus said. “So he was asked by his assistant chief to have another duty.”
Under oath, Kraus said he believed the city’s IT department deceived both Fitzgerald and himself when it claimed everyone accessing the criminal database had proper clearance. He later said he thought there was no reason to proceed with the investigation after Fitzgerald was fired.
“It looked like we had more administrative violations than criminal violations,” Kennedy said.
Kennedy and Fitzgerald say they’re looking forward to a second of testimony on Tuesday.
“I’m glad we’re taking the time now to go through things we probably should have taken the time out to talk about in the office and probably could have gotten this worked out,” Fitzgerald said.