Two Roland police officers, dismissed in 2007, filed a civil lawsuit against the town and Mayor Monty Lenington Jan. 2 in Sequoyah County District Court, Sallisaw.

The two officers, fired in November 2007, claim they were wrongfully dismissed because they were involved in the organization of the Fraternal Order of Police (FOP) Lodge No. 211 in Roland, among other allegations.

But Lenington said Sgt. Jeremy Day was fired for violation of sick leave and Officer Jerry Foley was fired for threatening a civilian, adding, “And there were four people who heard the exchange.”

Lenington said Tuesday he and the Town of Roland have not been served with the civil lawsuit yet and he could not comment. If the lawsuit proceeds, he said, the town will most likely be represented by the Oklahoma Municipal Assurance Group.

The lawsuit asks for a judgment on the claims and for all sums due with pre- and post-judgment interest, all costs and attorney fees and actual, compensatory and punitive damages, but does not name an amount. Foley said he is now a resident of Van Buren, Ark., and is a Barling, Ark., police officer. He said Day is a security officer at Sparks Regional Medical Center in Fort Smith, Ark.

Foley said he and Day were dismissed because they helped organize the FOP lodge in Roland. Foley was the vice president and Day was elected president.

Foley said they were also fired because they brought some concerns about the Roland Police Department to the town council on Nov. 7, 2007, but were not allowed to voice those concerns by Lenington, who was the mayor and now serves as Roland mayor and town administrator.

At the time of their dismissals, Foley said, Day had worked for the police department for nine years and attained the rank of sergeant. Foley said he had worked for the town fire years as a reserve, part-time and full-time officer.

Their lawsuit claims the two were fired by Lenington on Nov. 17, 2007; that they were denied freedom of speech and right of assembly because they were not allowed to voice concerns about the police department at the Nov. 7, 2007, town meeting; that, because the two were involved with the FOP, they allege they were intimidated and punished by the town and Lenington, and fired to “make an example;” that the firing of Day and Foley was arbitrary and capricious, violating their constitutional right to…due process; and that the town’s and Lenington’s actions “violates…public policy;” caused the “plaintiffs to suffer embarrassment, humiliation and mental anguish in addition to monetary loss; and that Lenington discharged the plaintiffs to embarrass and harass them and to make an example of them to other union members.”

Foley said he and Day attended the Roland Town Council meeting on Nov. 7, 2007, to voice concerns about the police department.

He said he had been told “They (the council) was going to get rid of everybody there,” and that “Day was doing his job too well.”

Foley said he and Day were told not to speak to the public or the media, but they did. In an article published in the Nov. 22 edition of Your TIMES, Foley said he was fired for “using profane and abusive language.” His letter of dismissal said he was being let go for “‘…the good of the town.’”

Foley said the abusive language allegation was about an alleged incident, which occurred between Foley and Lenington’s grandfather after a Nov. 13, 2007, council meeting. Foley said Lenington’s grandfather called Foley’s mother a profane name.

Foley said, “I advised him he better not even speak to my mother like that or he was going to have a problem.”

Foley, who said he did use profane language during the exchange, defended his actions, adding that anyone would take up for their mother in the same circumstances. Foley said the dismissal letter stated that he was intimidating a citizen while on duty. Foley said he was on duty at the time, but over a dozen people heard Lenington’s grandfather call his mother a name.

Lenington’s grandfather immediately complained about Foley and said he wanted Foley written up for insubordination, Foley said.

Foley said he could understand being reprimanded or even suspended for his behavior since he was on duty, but that he had never before received a reprimand of any kind.

Foley said Day was fired because his doctor’s note did not have a medical diagnosis on it and Lenington believed that Day was not sick.

At that time Foley said he believed he and Day were dismissed because of their involvement with the FOP. At the town meeting, Day attempted to read a letter from the FOP, which stated the town needed to consult the FOP about certain changes in the department. But Lenington didn’t like what was being said and attempted to stop Day from speaking, giving him a three-minute time limit, which Day disregarded.

Foley said the police officers had problems with changes in schedules and officers’ hours being changed. He said that one part-time officer was on the street at some of the busiest times, leaving not enough people to protect the town. Foley said they also had a problem with the town taking the K-9 officer off the street and putting him in dispatch. Day, a detective, was also moved to the 10 p.m. to 6 a.m. shift, which left him unable to do investigations. Foley added that the mayor threatened the officers with layoffs unless they brought in enough money to cover salaries. Foley added that the mayor also wanted some things “swept under the rug.”

“We only asked them to leave us along and let us do our jobs,” Foley told Your TIMES. “I think it’s all retaliatory.”

Keith Wasson, who was the town administrator at that time, told Your TIMES that Lenington said he had received complaints about Foley’s behavior, including cursing and threatening residents, and that Day had been seen doing physical labor and other projects while he was on medical leave. He said Day’s note from his doctor was not explicit.

Wasson said Lenington, as mayor, had the authority to fire the two officers, but normally those actions went before the town council first and the police chief, but that Sessums did not know of the firing.

Lenington later also dismissed Wasson and took over as the town administrator.

Foley’s and Day’s lawsuit alleges that the Roland Town Council removed Day from the investigation division and reduced his pay by $6,000 due to alleged “budget cuts.” On Dec. 11, 2007, the town hired an investigator with a salary of $35,000 and also hired another police officer.

Foley said he and Day appealed their firings, which was heard at a town council meeting in January. At that meeting, Lenington, Bill Ed Brooks and B.J. Bramlett voted to deny the appeal and J.R. Crowson and Greg Wilson voted to approve the appeal and reinstate the officers. Lenington refused to remove himself from the vote, which was requested by the officers’ attorney since Lenington had fired the officers.

Foley said he believes the two were also fired for speaking publicly and to the media.

“I was told my job was in jeopardy because I couldn’t keep my mouth shut,” Foley said. “And they tried to stop Jeremy from talking to the media.”

Foley’s and Day’s civil lawsuit demands a jury trial and an attorney’s lien. They are represented by James R. Moore of Moore & Vernier in Oklahoma City.