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ZEBULON - Zebulon City Council met on Thursday, December 19, 2024 to hear appeals to the August 2, 2024 terminations of Chief Jonathan Hemphill and Corporal Trustin Brazer. Atlanta attorney Paul Howard, Jr. represented both officers and asked for their reinstatements from city council members who made a final decision on the terminations in a called meeting with a scheduled executive session at 5:30 p.m. on the same night.

The Appeals Hearings

The hearings were scheduled at 3:30 and 4:30 p.m. Howard was advised at the beginning of each meeting that he had 30 minutes to give a presentation to council appealing the officers’ terminations in these informal hearings.

When he protested that 30 minutes was not enough, said that Hemphill has never had an opportunity to tell his story, and asked for another hour during the first appeal, he was told that he had been advised of the procedure and that it was an informal hearing - not a court proceeding.

Howard repeatedly tried to call City Administrator Larry Mitcham as a witness during both appeals hearings as well as asking questions of those seated to hear the appeal while protesting the instructions of the informal appeal process as it had been presented. He cited a lack of fairness, a lack of evidence, and said that the officers were fired without cause. Each time, Howard was advised that this was an informal hearing and that he needed to use his time presenting his case to the council.

Pike County Times has obtained a number of open records on these cases that need to be reviewed prior to putting any details from the hearing in an article since the city did not respond to any allegations given during the hearing other than to show that it had followed policy during the called meeting at 5:30 p.m.

Howard closed out his time by asking council members to rehire both officers with back pay and reinstate them on a probationary basis. He said that this would be a good Christmas present for Brazer and his four kids.

He then advised that he had filed lawsuits against the city for Hemphill and Brazer. He asked council members to treat his clients right and said they would proceed with the lawsuits if this was not resolved.

Possible Lawsuits

On November 29, 2024, Paul Howard, Jr. sent two letters to the City of Zebulon advising of the possibility lawsuits being filed for officers Jonathan Hemphill and Trustin Brazer. Ante litem notices for Hemphill and Brazer stated that both officers have “suffered major, professional, financial, personal, and emotional harm” from their unlawful terminations.

The individual letters served as a notice to the City of Zebulon of the claims against “the City of Zebulon, the City Administrator’s Office, the City of Zebulon Police Department, and the individual officers and employees who are responsible for the harm” caused to Hemphill and Brazer.

The letter for Hemphill makes a demand for five million dollars. The letter for Brazer makes a demand for three million dollars.

City Council Makes a Decision

The 5:30 p.m. called meeting to discuss personnel was called to order and amended to add pending and potential litigation. After an hour and ten minutes in Executive Session, the meeting went back into open session to discuss any decisions that the council wanted to make regarding these appeals.

Because of the discussion and accusations based on fairness, City Attorney Rob Morton asked for a motion to allow the city administrator and the mayor to reach out to Georgia Association of Chiefs of Police for assistance with the selection of an interim police chief and chief of police for the City of Zebulon. The motion was made and approved unanimously. [Note from the Editor: This was a 4-0 vote because the mayor does not vote unless his vote is needed to break a tie.]

A motion was then made and approved 4-0 to amend the agenda for city council members to consider taking action on the appeals for Hemphill and Brazer.

Morton made a statement addressing how the city has followed its policy with regard to these terminations from August 2, 2024 beginning with Hemphill. He said that Hemphill was given the opportunity to meet with the city administrator to have a hearing regarding his termination. Appeal hearings were then set for September 17. At that time, the attorney entered an appearance and asked for a continuance. New appeals hearings were set for December 4. During the December 4 meeting, Attorney Howard asked for an independent hearing officer, but Morton said that policy states that an independent hearing officer is at the sole discretion of the mayor and council and would have been a consideration within 20 days of filing an appeal which was back in August.

Morton asked what final action do you want to take?

A motion was made to affirm the termination of Jonathan Hemphill as Chief of Police and approved in a 4-0 vote.

Morton said that the same process was followed for Corporal Trustin Brazer. A motion was made to affirm the termination of Brazer and approved in a 4-0 vote.

Morton then asked the council to vote to authorize the mayor to sign and send the notices of these actions to Hemphill and Brazer.

The meeting was adjourned at 6:48 p.m.

To read the original article about the terminations with no paywall, click here:
pikecountytimes.com/secondary/BREAKINGNEWSzebulonpolicedepartment8.6.24.html.

The December 4, 2024 article entitled "BREAKING NEWS: ZPD Appeals Hearings Postponed" can be read in full with no paywall at
pikecountytimes.com/secondary/BREAKINGNEWSappealshearing12.4.24.html

The December 10, 2024 City Council Meeting in which a vote was taken to request a GBI investigation into the Zebulon Police Department can be read in full with no paywall at
http://www.pikecountytimes.com/secondary/zebulon12.11.24.html

Past articles on Chief Hemphill include:

"BREAKING NEWS: Pike County Times Investigates Hemphill Pullover Video and Police Radio Band Allegations Part 1" which can be read in full with no paywall at www.pikecountytimes.com/secondary/BREAKINGNEWShemphill10.12.22.html

"BREAKING NEWS: Pike County Times Investigates Hemphill Pullover Video and Police Radio Band Allegations Part 2" which can be read in full with no paywall at www.pikecountytimes.com/secondary/BREAKINGNEWShemphill12.8.22.html

"BREAKING NEWS: Zebulon City Council Gives Disciplinary Action to Zebulon PD Chief; Part 3 of Investigative Series" which can be read in full with no paywall at www.pikecountytimes.com/secondary/BREAKINGNEWShemphill12.20.22.html

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