Fired Finance Director Files Whistleblower Lawsuit Against Killeen

By: Rachel Cox Email
By: Rachel Cox Email


In December 2012, Killeen Finance Director Barbara Gonzales was fired and the city’s director of fleet services, Kim Randall, resigned effective immediately as the result of an internal probe that also led to the firing of fleet services employee John Acker and the immediate resignation technician David Riddle. 
Gonzales and Randall were placed on administrative leave on Oct. 5 pending results of the investigation.
The city didn’t disclose the nature of the investigation or the findings, but said in a press release it “involved all aspects of the operation of the fleet services division…(which) is responsible for the maintenance and repair of all city vehicles.”
City Manager Glenn Morrison said Gonzales’ firing was “in the best interest of the City of Killeen.”
“Change is never easy, but I am confident that our finance staff will ensure that departmental services continue during this transition."
Gonzales was hired in 2003 as the city’s general services director and was named finance director in March 2007.  She also served as assistant director of finance from 1990 to 1995.
She headed the department responsible for the city’s fiscal management and oversaw the accounting, purchasing, print services, building services, custodial services, fleet services and utility collections divisions.
Randall had worked for the city since 1988 and oversaw maintenance and repair of all city-owned vehicles.


 

KILLEEN (March 12, 2013) --- A lawsuit filed in Bell County state district court by Killeen’s former finance director Barbara Gonzales alleges that Gonzales was fired in violation of the Texas Whistleblower Act.

The suit seeks $200,000 to $1 million in compensatory damages and reinstatement or compensation for lack of reinstatement plus other unspecified damages.

The suit filed Friday alleges that City Manager Glenn Morrison fired Gonzales in December 2012 after she reported a series of violations of law by Killeen officials and employees including Morrison.

The suit alleges that Gonzales, along with Fleet Services Director Kim Randall, and two Fleet Services mechanics were targeted in an investigation that started after one of the mechanics was caught taking a used motor from a Fleet Services facility and says the results of the probe were used as a “fig-leaf excuse” to fire her in December 2012.

Randall and one of the two mechanics resigned and the second mechanic was fired.

In a statement e-mailed Tuesday, the city called the allegations baseless.

“The document is replete with misinformation and untruths. We look forward to the opportunity to defend the city against these false claims in a court of law,” the statement said.

(Read The Lawsuit)

The lawsuit details incidents in which Gonzales reported allegedly illegal activity by city officials and employees to Morrison and to Killeen police.

In one instance cited in the suit, Gonzales and Morrison argued over a check for $10,500 for a dinner in Washington, D.C. that included alcohol.

"Ms. Gonzales explained that the city policy did not permit use of city funds for purchase of alcohol, but Morrison overrode her decision and ordered the check cut," the lawsuit alleges.

The suit alleges that after the dinner, Morrison overrode Gonzales again for the reimbursement of an additional $5,500 he put on a personal credit card, including a gratuity of $916.80.

In another incident, the suit alleges that in April 2012 Morrison gave a $10,000 retroactive pay raise from $87,383 to $97,383 to Public Information Director Hillary Shine and a second retroactive raise to Public Information Officer Danielle Durbin that were illegal because they didn’t receive the City Council approval required for department head pay increases.

The suit says Gonzales reported other incidents including an employee who used sick time for reasons other than illness, a purchase order change for election equipment that raised the expenditure to more than the amount for which bids are required, an increase in a contract for manhole cover rehabilitation that exceeded what state law permits for change orders, and employees’ use of city equipment and facilities for personal reasons.

The suit also lists incidents Gonzales reported in which employees falsified time sheets including an employee of the city's Information Technology Department, Cynthia Crawford, who was disciplined, but retained her job, after allegedly falsifying timesheets so she got paid for time she didn't work in May 2012.

On Tuesday Killeen Public Information Executive Director Hilary Shine confirmed that Crawford is a former city employee.

Crawford, 52, was arrested last week on a warrant stemming from the theft of thousands of dollars from the regional nonprofit public sector software users group, of which she was the treasurer.

She’s free on bond, charged with theft over $1,500, but under $20,000 in the theft of more than $18,000 from a bank account in which a shortfall was reported, according to an arrest warrant affidavit.

Police investigators interviewed Crawford and she admitted taking the money for her own use, an arrest warrant affidavit said.


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