Termination hearing to continue

By Domingo Ramirez Jr.
Star-Telegram Staff Writer

NORTH RICHLAND HILLS - Police Chief Tom Shockley and other supervisors adamantly opposed the reinstatement of a fired police officer accused of having an affair during lunch breaks and improperly handling a stolen-car case.

But Tim Burch, 44, who was fired in October, insisted that his punishment was unfair and asked a five-member Civil Service Commission for his job back during an appeals hearing that was adjourned early Thursday.

"I expected some sort of discipline for my actions," Burch testified early Thursday. "But I never thought it would lead to losing my job."

The commission halted the hearing about 12:30 a.m. Thursday after almost seven hours of testimony. The city called six witnesses before concluding its case against Burch.

A tentative date for the continuance is Feb. 12, officials said.

At that time, Burch's attorneys are expected to call several character witnesses for the fired officer, who had been disciplined twice in the four years that he had been with the North Richland Hills Police Department.

Shockley testified late Wednesday that Burch's firing, the first in his four years as police chief, was justified. Typically, he said, an officer having sex while on duty would be dismissed.

"It would create severe morale problems in the department if he is allowed to return to the department," Shockley said about the dismissal. "I believe it's merited in this case."

Shockley came under fire from Burch's attorney minutes later, when he began to question the police chief's past law enforcement history. That included being arrested and indicted in an assault case and being disciplined for randomly firing his service weapon across an open field.

"This is nothing more than character assassination," City Attorney George Staples said. "It hasn't nothing to do with this case."

Attorney Michael Rickman of Fort Worth argued that Shockley's past would help commissioners determine the police chief's credibility.

But Commissioner Sally Bustamante did not allow testimony about Shockley's past. Several times during Shockley's testimony, Bustamante stopped Rickman from probing into issues brought out by recent federal lawsuits against Shockley and North Richland Hills.

One of those lawsuits was filed by true-crime author Barbara Davis, whose son was killed by a North Richland Hills police SWAT team during a 1999 drug raid.

Rickman, however, peppered Shockley with questions about other sexually related incidents involving officers who were not fired. Officer Allen Hill, who later resigned from the department, was suspended for 80 hours for exposing himself during a SWAT team photograph.

Sgt. Andy Wallace was nude in a rappelling photograph but was not disciplined, Rickman said.

"I was not aware of that photo until the lawsuits were filed," Shockley said. "There was more to his [Burch] case. He was untruthful and evasive during our investigation."

One complaint against Burch stemmed from a car reported stolen in August in North Richland Hills. Burch reported the theft improperly and, instead of ordering the car towed, asked the woman who had called police to watch the vehicle while officers continued to investigate, an official said.

The other complaint against Burch originated from Shockley, who ordered an internal investigation after learning that Burch had been confronted in the Police Department parking lot in September by his wife and another woman, according to testimony.

During the investigation and in the hearing, Burch acknowledged having an affair during his lunch breaks.

But Burch, who was awarded the department's lifesaving award last year, said he never missed a call during those breaks.

Lt. Ronnie Beale and Sgt. Anthony Maranto, who supervised Burch, testified that they do not want the officer back in the department.

Burch said he still wants a chance to return.

"Before all this, I was one of the most respected officers in the department," he said. "I did wrong, but it wasn't enough to cost me my job."

Civil Service Commissioner Bill Fenimore chastised Burch. At the hearing, commissioners are allowed to question witnesses.

"You've sat there and indicted the police administration," Fenimore said. "You seem to have your way of being a patrol officer, and the department has its own rules."

Staff Writer Gordon Dickson Contributed to This Report.
ONLINE: www.nrhtx.com
Domingo Ramirez Jr., (817) 685-3822 ramirez@star-telegram.com

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