October 14, 2009

Chief Domingo Ibarra

Magnolia Police Department

18111 Buddy Riley Blvd.

Magnolia, Texas 77354

Chief,

Please accept this as my resignation, effective Friday, October 16, 2009, as Deputy Marshall of the City of Magnolia.

I am addressing my resignation to you as I have never been informed by Judge Purvis or City Manager Kelley that you are no longer the City Marshal or of my continuing status within the Marshal’s office.

My resignation is prompted mainly by personal reasons, but there are several other issues I would like to address.

Law enforcement personnel need to (sic) under the supervision of law enforcement professionals. Since coming to work for the City I have been amazed at the lack of professionalism within the Municipal Court/Marshal’s Office. To start with, no one appeared to have the knowledge of the paperwork required by the Texas Commission on Law Enforcement Officer Standards and Education to hire an officer. This paper work has still not been completed as of this date. Officer safety standards are nonexistent. The vehicle I am driving is not equipped with emergency equipment, with the exception of some small dash and rear package tray lights, although it is clearly marked as an emergency law enforcement vehicle. The vehicle’s ABS and Skid-Control systems are not working as indicated by the dash warning lights. I received no training whatsoever before or after being instructed to report for duty. These items not only put myself at risk; they open the City to major liability issues. The fact is I have been working as a Texas Peace Officer for the City of Magnolia without the authority of the State of Texas to do so. I have been advised that all of my official acts have been unlawful. I addressed Judge Purvis with the above issue and received no response. I was instructed by the Judge to take the vehicle, a Dodge Charger, to a local mechanic named Richard, located on FM 1488 west, and was advised, by him, the he had been told directly by Judge Purvis, the City did not want to spend the money repairing the vehicle as the problems did not affect the basic operation and/or safety of the vehicle. These problems not only could effect my personal safety; they could financially have an adverse effect on my and the City through third party liability issues.

Relying upon my many years of law enforcement experience and knowledge I have made several suggestions, that are accepted and used and within most court/warrant offices in the State and that could possibly aid in reducing the backlog of warrants without response.

Since you were relieved of your duties as City Marshal I have not received any commutations (sic)/instructions from anyone, as to how or if my duties have changed The City ahs some problems and communication, chain of command and employee respect are certainly among them.

You and I have discussed what improvements could be made to the City Marshal’s Office and are on the same track. As I state above, law enforcement personnel need to be supervised by law enforcement professionals.

It has been my pleasure working with you and I will be looking forward to seeing the forthcoming improvements with in the police department. You are the only Chief that has had the experience and administrative background to really bring the Magnolia Police Department up to speed. The City and your employees are lucky to have you.

Sincerely

Robert Elkin

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