Building and zoning director Shedrick Berard was given a three-day suspension without pay after the city council issued an apology to two police officers Berard accused of lying. At the August 5 city council meeting, the continuing issue saw Berard again at odds with the council.
The lying accusation was made as part of an explanation Berard offered for his failure to file a timely insurance claim after a February accident that took out two power poles on Main Street. When Berard was confronted in a meeting weeks after the accident, he waved the accident report and said that “somebody lied on this report.”
Such an accusation could have serious consequences. Chief of Police Ricky Martin explained that, besides exposing the officers to possible felony charges, it can end their career by landing them on the “Brady List,” which makes their testimony useless in court.
In a meeting in June Berard was given the opportunity to apologize and retract the accusation, but he refused. It was agreed that a video of Berard’s accusation would be reviewed to determine whether a clear accusation of lying had been made.
In that review, it was concluded that there were no discrepancies on the police report and that Berard clearly appeared to be making that accusation.
In last Monday’s meeting, Berard again refused to apologize, saying his attorney recommended against it, saying only “I’m sorry if you took offense.” City attorney Allan Durand said to him, “Are you saying you never meant to imply that the police lied?”
Berard again responded that he would take his attorneys advice and say no more. Councilman Craig Prosper then made a motion to issue an apology from the council.
Councilman Juma Johnson argued that it had not been proven that Berard was referring to the police when he made the declaration. He voted “no” on the motion to apologize. Prosper and Concilman Mike Fuselier voted “yes” and Dennis Paul Williams abstained. Edmond Joseph was absent, so the motion passed 2-1 and an apology was issued.
Durand cautioned that since Berard was a city employee, the apology would not remove the city from legal jeopardy unless the officers and their attorney, Rebecca Borel, chose to exclude it from the case.
Fuselier began to made a statement that included criticism of the ill-fated appointment of Berard as Chief financial Officer last year. He continued after Mayor Melinda Mitchell banged the gavel and ordered him to stop. The mayor threatened to have him expelled from the meeting, saying “Either speak with respect or I will have you escorted out of here.”
Fuselier then made a motion to assess Berard a three-day suspension. The motion passed with Fuselier and Prosper voting in favor, Williams abstaining and Johnson voting against the action.
