• David Tewes •
• Originally published May 29, 2008 at 10:05 a.m., updated May 29, 2008 at 10:05 a.m.

Victoria’s police chief and contract attorney remain on the job despite being indicted Tuesday, with no indication they will be disciplined.

“Anytime somebody has been indicted, that’s going to prompt us to review the facts behind the indictment,” City Attorney Miles Risley said Wednesday. “But based on what we’ve reviewed so far, we believe they were acting within the course and scope of their employment.”

Discipline would not be warranted in that case, he said.

Police Chief Bruce Ure and contract attorney David Smith were indicted and arrested on a five-count indictment. The charges include misuse of official information, aggravated perjury, tampering with a witness, official oppression and criminal conspiracy.

While Smith is a contract attorney, he was city attorney when the alleged acts occurred.

He resigned as city attorney earlier this year after taking blame for the city selling streets to the county without City Council approval. But Smith was retained as a contractor at least through September to continue working on special projects.

City Manager Charles Windwehen, who is Ure’s supervisor, did not return the Advocate’s call. But he asked Risley to respond to questions about how the city’s personnel policy applies to this case.

Mayor Will Armstrong said the City Council will meet at 3 p.m. Friday in the Council Chamber in executive session to discuss personnel and legal counsel.

“We would sure want to get a report from the city manager about what his recommendation might be,” Armstrong said. “Right now, I don’t anticipate any announcements after the Friday meeting.”

The issues surrounding the indictments probably won’t all be answered Friday and will likely require another closed session Tuesday, he said.

The city personnel policy states it is the responsibility of each supervisor and department head to evaluate the circumstances and facts of possible wrongdoing. A decision is then to be made about discipline.

“Mere indictment for a crime is not proof of the crime,” Risley said. “But anytime somebody has been indicted, that’s going to prompt us to review the facts behind the indictment.”

The indictments are based on grand jury testimony, which is not public. That’s why the employee review will continue, Risley said.

Disciplinary actions could range from oral warnings and suspension without pay to dismissal. Suspension with pay is another alternative, but it’s not considered discipline.

David Tewes is a reporter for the Advocate. Contact him at 361-580-6515 or dtewes@vicad.com, or comment on this story at www.VictoriaAdvocate.com.

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