Following an internal investigation City of Elizabethton officials terminated the employment of a police officer serving at Elizabethton High School citing his conduct and falsification of records regarding his military service, but the officer has asked for a hearing by the City’s Personnel Review Committee saying he was “wrongfully terminated.”

Through a Freedom of Information Act Request, the Elizabethton Star obtained copies of employment records for Elizabethton Police Department Scott Whitmire related to the complaints lodged against him and the investigation that followed. According to the Disciplinary Action Form, which was presented to and later signed by, Whitmire, the officer was suspended without pay from his position for a period of one week beginning on Sept. 29 and concluding on Oct. 6. The form then states that Whitmire’s employment with the City of Elizabethton through the Elizabethton Police Department was terminated on Oct. 6 at the conclusion of his suspension.

The form lists the reasons for termination as “disgraceful or outrageous personal conduct or language toward a member of the public or toward fellow employees” and “falsification” of city records.

“The deliberate misrepresentation of military history on Officer Whitmire’s City Employment Application and EPD documents is an extremely serious offense and reflects poorly on Officer Whitmire’s judgment and trustworthiness,” City Manager Jerome Kitchens on the disciplinary form. “I consider Officer Whitmire’s deliberate misrepresentation of military service on his employment application to constitute the falsification of city records.”

“I and the Chief of Police have lost confidence and trust in Officer Whitmire as a result of his intentional employment application misrepresentation and his pattern of inappropriate conduct,” Kitchens continues.

Kitchens notes that other city employees have been terminated for similar inappropriate conduct and he believes dismissing Whitmire from employment is both “appropriate” and “mandatory” in this case.

“Officer Whitmire’s prior disciplinary record and behavior cannot be considered a mitigating factor because the deliberate misrepresentation of his military history and his inappropriate conduct are of overwhelming concern and require termination/dismissal,” Kitchens said. “Under the facts and circumstances known to me, it is in the best interest of the City and the best interest of the efficient provision of municipal services to the public that Officer Whitmire be terminated/dismissed from employment with the City.”

According to the records obtained by the Elizabethton Star, the details of the offenses leading to Whitmire’s termination were discovered during the Elizabethton Police Department’s internal investigation launched on Sept. 8 into complaints of misconduct by Whitmire from City Schools Superintendent Dr. Corey Gardenhour.

Whitmire signed the Disciplinary Action Form on Sept. 29 and for his response listed: “I disagree with the findings and feel I have been wrongfully terminated.”

The Elizabethton Star also obtained a copy of the Findings Summary report issued by the Elizabethton Police Department following the conclusion of the internal investigation. According to the report, Elizabethton High School Principal Josh Boatman expressed his concerns regarding Whitmire’s conduct at the school to Gardenhour who in turn lodged a complaint with the Elizabethton Police Department.

“The nature of the concerns were regarding overall conduct, with several specific incidents detailed,” the report said. “The complaints were based on questionable or unprofessional conduct involving students, faculty/staff members, and visitors at the school. There were also issues regarding Officer Whitmire’s job performance mentioned during the course of the investigation.”

According to the report, in addition to Whitmire and Boatman, investigators also interviewed several school employees regarding the complaints against the officer.

Four complaints made against Whitmire regarding his job performance and conduct with school faculty/staff, students, and visitors were determined to be “unfounded” according to the report from the investigation. The investigation into another complaint determined there was “insufficient evidence” to either provide proof of the action or to refute the claim.

The internal investigation ruled that one of the allegations against Whitmire constituted “improper conduct” on the officer’s part.

In that allegation, Whitemire reportedly took a photograph of a school system employee while the employee was “crouched down into a near-squatting position” while working on a malfunctioning paper shredder.

“At the time it is stated that Officer Whitmire made a remark joking to the effect of the employee ‘actually working’ and commented that he should take a photo to send to the employee’s spouse to confirm that work was being done,” states the report completed by EPD Capt. Joy Shoun. “Shortly after, the employee stated a text message was received from Officer Whitmire of a photograph that would have been taken during the shredder repairing incident. Due to the positioning of the employee, the photograph was taken from behind the employee in the area to where Officer Whitmire was standing, and was focused more upon the backside or buttocks area of the employee.”

According to the report, the employee told Whitmire to delete the photograph and expressed their disproval of what had been done. Two other employees told investigators they had seen the photograph Whitmire is alleged to have sent the employee. The employee no longer had the photo in their text messages at the time of the investigation into the incident.

Shoun states in the report that during an interview with Whitmire he stated he remembered the incident but denied taking a photograph, saying he only joked about taking a photograph. Based on the totality of the circumstances as well as the statements from witnesses, Shoun said “a reasonable person would conclude” that a photograph was taken by Whitmire during the incident.

“Such conduct and actions surrounding this event were felt to be unprofessional and inappropriate by the effected employees and therefore his actions would arguably discredit the Elizabethton Police Department,” Shoun states in the report.

According to the report, it was during the internal investigation into the complaints by school employees that city officials learned of the issues with Whitemire’s reporting of military service on his application and in other records. Shoun said during the investigation she and Whitmire began discussing his involvement with the Cadet Program which Whitmire is associated with in the Elizabethton City Schools.

“Through the conversation, Officer Whitmire was asked if he had ever been in the military, which he replied that he had, briefly,” Shoun said.

Whitmire told Shoun he had been in the U.S. Air Force for approximately two months in 1985 but received a medical discharge while he was still attending basic training and had received a DD-214 indicating it was a medical discharge.

“He was asked if he had ever shared this information to students in the Cadet Program,” Shoun said. “He stated he had informed some of those details, but not all.”

Shoun said she had conducted the pre-employment background check on Whitmire when he applied to the Elizabethton Police Department in 2015 and he indicated on his application, as well as other paperwork, that he had never served in the military.

“At the time of his application, he was affiliated with a military style cadet program with Happy Valley High School, and I was of the belief that he had previously been part of a military service branch,” Shoun said. “For that reason, Officer Whitmire was asked to provide a copy of his DD-214, to which he disclosed he had not been in the military.”

“On Sept. 20, 2017, when asked, by me, if he had been in the military he stated yes, and also acknowledges disclosing that information to students, but did not provide that information during pre-employment questioning in 2015.”

Shoun said not only did Whitmire mark that he had never served in the military on his application with the Elizabethton Police Department but he also stated he had not served in the military on his Application for Law Enforcement Certification to the Tennessee Peace Officers Standards and Training (POST) Commission.

During her interview with Whitmire, Shoun said he told her an Air Force representative told him he didn’t have to report his service since it was so brief before his discharge.

“Based on this information developed during the course of the investigation, there becomes a question regarding the truthfulness of specific information disclosed by Officer Whitmire at the time of his application of employment,” Shoun said.

Following his termination from employment, Whitmire requested a hearing from the Personnel Advisory Board. According to Angela Lyons, Director of Human Resources & Risk Management for the City of Elizabethton, that hearing has been scheduled for Nov. 7 at 6 p.m. in the Council Chambers at City Hall.