KCEN-TV, KCEN-HD, Waco, Temple, Killeen, Bryan, TexasTexas Supreme Court Complicates Long Running Waco Case
After years of hearings, the case of a fired Assistant Police Chief in Waco has taken another twist. The Texas Supreme on Friday ruled that an arbitrator over-stepped his jurisdiction by reinstating Larry Kelley, but left open the possibility of his return to the force.
Kelley was the city's Assistant Police Chief in 2001 when he was convicted of DWI in Austin an fired. Later, a arbitrator ruled that Kelley should be reinstated at a reduced rank. City Attorneys argued that local government code limited an arbitrator to uphold a firing when allegations are proved to be true.
On Friday, the Texas Supreme Court ruled that the case was to go back to arbitration, this time with the understanding that if the arbitrator concludes that Kelley should be reinstated, then the arbitrator's can only choose to reinstate Kelley at the rank of Commander, impose no more than a 15 day suspension and make up for Kelley's lost wages and benefits.
Kelley plead guilty to charges of driving under the influence and gave notice of his retirement from the Waco Police Department effective May 31, 1999.
