By John Fredericks / Staff

Roswell Police Lieutenant Neal Cobb finally had his day in court.

Roswell personnel committee court, that is.

Cobb filed an appeal with the city's personnel committee after being removed from a position that he served in for over nine months that allegedly carried the duties of a captain. He is now back in uniform, driving a black and white car and working weekends in what appeared to be a huge step backward in his 32-year law enforcement career.

The veteran cop got a favorable review from his boss before his reassignment and was at a loss as to why he got thrown all the way back to weekend shift duty.

Cobb took his case to the second internal level, after losing his initial appeal to the department higher-ups. Accompanied by his lawyer, Marietta defense attorney Bill McKinney, Cobb asked for back pay -- at a captain's level -- for the time he served in the position and a letter of recommendation and apology from Roswell Police Chief Ed Williams.

Based on RPD's history of dealing with such issues, he's unlikely to get either one. But this may be different. Times are changing, and the tolerance level for government related shenanigans are fast approaching ground zero – on all levels.

THE COBB SHUFFLE

The Cobb shuffle commenced when Williams requested that Cobb take over two divisions in December 2008: special operations and traffic. Williams allegedly told Cobb that it was a captain's level position, and that he would attempt to officially advance him to a captain rank when he got to add a new position in the following year's budget. But that opening never materialized -- it was lost in the expense cut backs and new position freezes that befell the city's FY 2009-10 budget cycle.

Williams said although he planned on making the request in the new fiscal year, he was told by City Administrator Kay Love that no new positions would be entertained in the city's budget that year.

Cobb took exception to the fact that Williams apparently knew no promotion was in the offing as early as March, but neglected to let him know the truth until late June 2009. The city budget is finalized in July of each year.

Cobb served in the position his boss created for him from December 2008 until September 2009. The lieutenant claimed that Williams then re-assigned him to the lesser position in an email while he was on sick leave, and in so doing violated the department's personnel guidelines and procedures. "I didn't even get the courtesy of a phone call," Cobb lamented.

The Roswell personnel committee consists of four members, of which two are elected officials, Councilman Jerry Orlans and Mayor Jere Wood. Assistant city attorney Bob Hulvey and assistant city administrator Michael Fischer round out the committee.

TWO WRONGS DON'T MAKE A RIGHT

Wood stated bluntly that proper procedures were not followed by Williams in either placing Cobb into the captain's grade position or removing him.

But Cobb's lawyer countered, "Two wrongs don’t make a right," and maintained that Williams should be reprimanded, at the very least.

Williams said that he has the right to “assign any of his assets [cops] anywhere" as the need arises, and maintained that the rank of captain was never discussed with Cobb. "He [Cobb] was simply transferred to another position," Williams claimed. "It was just a management decision to change personnel."

 Cobb, however, refuted Williams's account, and stated that he had two emails where the chief addressed him as "Captain Cobb."

Cobb's lawyer charged that Williams made promises that were not kept. "The officer who took my client's place holds the rank of captain", McKinney said. "Lt. Cobb performed the duties of a captain for over nine months, and the chief addressed him as 'captain'…so for all intents and purposes, he was a captain," McKinney argued.

But Williams said no, the promise was for the intent, not for the job itself.

Cobb claimed that the management shuffleboard game played by Williams "put my career backwards by 27 years. It wiped away nearly three decades of service to the department." He questioned Williams intent and the fairness of it all. "This is not right," said Cobb. "Someone here has to stand up and take the heat for the betterment of the whole department. I decided that would be me."

STOPS SHORT OF NEPOTISM CLAIM

Cobb said privately that he believed William's primary motivation for both his elevation to -- and removal from -- the position in question were based on internal nepotism. "The chief wanted to clear a position for Lt. Frances Watson (wife of Major Watson)." Cobb alleged that was used like a pawn by Williams to advance Mrs. Watson's career over his own.

But when given the chance to bring that charge before the committee, Cobb punted, and took the fifth, on advice from his counsel.

Wood skillfully and carefully set the stage for Cobb to present his views on the matter, if he chose to, just stepping short of encouraging him to do so.

Cobb, however, did not pursue it.

"At this time my client will not bring up the nepotism argument," McKinney said.

FORMER LAW AND ORDER CITY COUNCIL CANDIDATE WEIGHS IN

Lee Fleck, who ran unsuccessfully for city council in 2009 while making local law and order a centerpiece of his campaign, remained skeptical of the whole affair. 

Fleck maintained that the Cobb transfer left it wide open for Mrs. Watson to get promoted to a captain's position when "that officer retires in the very near future."

Fleck says the Roswell top cop brass spends too much time on internal politics that benefit a few insiders, and not enough time catching criminals, especially illegals.

"If the same level of attention were given to addressing skyrocketing crime in Roswell as is given to skirting city policies within RPD's Ivory Tower, we'd all be a lot better off," Fleck concluded.

One high-ranking Roswell official, who spoke on the condition of anonymity, said the city was aware of the internal problems that plague the city's police leadership. "We will be looking into it very closely," the official promised.

As for Cobb, Orlans said the committee would get back to him with a written response in 15 days.