The Dothan Personnel Board's investigation of Police Chief John White heads to court Wednesday. Three police officers and the chief's secretary are trying to avoid testifying under oath before the board.
Attorneys for Captain Nick Monday, Sergeant Eddie Henderson, Corporal Carl Midkiff and Administrative Assistant Sheila Luker claim, in this case, the Personnel Board doesn't even have the authority to investigate the chief.
The board first investigated the resignation of Captain Jim Smith and whether he was forced to quit. Smith resigned in December citing a family health problem.
He had been accused of writing a series of anonymous letters criticizing Chief White.
Later on, a document attributed to Smith accused the chief of copying pagers and monitoring the telephone conversations of city officials, so the personnel board’s probe was expanded.
Attorneys for the chief's secretary and the police officers contend there should be no investigation because Smith waived his right to due process when he voluntarily resigned. Lamere also says the plaintiff's were not properly subpoenaed.
A hearing on the motion to stop the plaintiff's from testifying is set for this morning before Judge Larry Anderson.