How much? APD whistleblower settlement details revealed

The city has released the details of the Abilene Police Department whistleblower settlement, coming on the heels of another APD related lawsuit filed just last month.

In the whistleblower lawsuit, former APD employee Sharra Sampson claimed she was fired in retaliation for reporting alleged wrongdoings in the department's training division to the proper oversight agency.

The lawsuit was settled in Abilene's City Council meeting Feb. 8, and The Reporter-News filed an open records request the same day to receive the details of the settlement.

Abilene's City Hall
Abilene's City Hall

In response, the city sought an opinion from the Texas Attorney General's Office to allow city officials to withhold information. They cited embarrassment as one of the justifications for not releasing information.

The city's hand was forced, however, by Texas open records laws and a ruling by the AG's Office.

The final price tag for the Sampson settlement came in at $110,000 even though Sampson initially sought between $200,000 and $1 million in damages for lost wages and emotional distress.

Documents obtained by The Reporter-News through an open records request, however, show Sampson negotiated down from $120,000 after unsuccessfully attempting to have the city publish information regarding the APD Training Academy Advisory Board.

'Highly intimate or embarrassing'

On Feb. 23, the city of Abilene sent a request for an opinion to the AG's Office, detailing several reasons why officials should be allowed to withhold settlement information.

One of the reasons was an allegation that negotiations constituted "attorney-client privilege."

Additionally, the city contended the information requested was part of pending litigation, in which case the city would not have to divulge the information.

The open records request, however, was filed after the settlement was voted on and settled in the Feb. 8 City Council meeting.

The city outlined right to privacy claims, stating that releasing the information about the settlement could be "highly intimate or embarrassing."

The city went on to reference a Texas Supreme Court ruling in which the type of information deemed embarrassing or intimate would include such things as sexual assault, attempted suicide and treatment of mental disorders, among others.

The Abilene Police Department
The Abilene Police Department

The city contended the release of information would not constitute "legitimate concern to the public."

It is of note that The Reporter-News requested information about a cash settlement paid by a public agency funded with taxpayer dollars.

While the city in the end did not have to release interagency communications within its own offices, the AG's Office ruled May 2 that the city of Abilene would have to release the details of the settlement — in addition to the communications between the city and Sampson's lawyer.

The Reporter-News received information from the city in response to the open records request on May 10.

City keeps APD training board secret

On Jan. 18, Sampson's lawyer, Holly Williams, emailed that Williams was authorized to "settle any and all claims relating to her employment with The City of Abilene in exchange for $120,000, to be allocated to wages, mental anguish, and attorney's fees."

By Jan. 31, the numbers had changed, however, as Williams lowered the offer to $110,000, in exchange for one extra stipulation.

Williams asked that "The City of Abilene agrees to post the membership, agenda, and minutes of the Abilene Police Department Training Academy Advisory Board on the City's website no later than February 16 and continue posting as with other commissions and boards."

Sampson offered to take $10,000 less in order to provide an open and transparent governing of APD's advisory board.

The city, however, denied that request. On Feb. 1, the city declined to publish the board agenda and minutes.

Instead, the city noted, "The City of Abilene is agreeable to following the Texas Open Meetings Act and the Texas Public Information Act as required by law."

By Feb. 2, a settlement had been reached.

The final agreement included a payment of $110,000 without any stipulations on publishing the agenda and minutes as Sampson had previously requested.

Williams noted in her response that 80% of that settlement would go to "emotional distress," with the remaining percentage going to wages. Williams Law Firm took just shy of $45,000 for attorney's fees and costs.

Sampson thereby netted $66,000.

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This article originally appeared on Abilene Reporter-News: APD whistleblower settlement details revealed