Poplar Bluff, Mo., officials fired a street superintendent Thursday who has been accused of threatening another employee with a gun.
Denis Kearbey also faces new accusations this week of discrimination involving a separate employee.
He remained on paid administrative leave from Sept. 13 through his firing, which was effective immediately, according to city manager Mark Massingham.
Kearbey is due to be arraigned in court Dec. 27 on felony unlawful use of a weapon. This stems from a September incident that occurred on city property involving street department clerk Regina Gray.
City attorney Mark Richardson has been asked to review the issue of firearms in the workplace and possibly develop a specific policy for the city, Massingham said.
A separate discrimination case was filed Wednesday by street department truck driver Barry Hubrins. A case review in this is scheduled for June 25.
Hubrins, an African American, has been with the city 17 years. He says race was a motivating factor in harassment and a hostile work environment, which have prevented him from advancing, according to court documents. The city of Poplar Bluff and city manager Mark Massingham are also named as defendants.
Kearbey is also accused of continuing to exert influence over the street department, although he has been banned by court order from stepping onto city property since September.
Massingham did not comment today on the discrimination case, but said that Kearbey was terminated because of the September incident.
"There is not a settlement agreement with this decision," Massingham said of the firing. "He (Kearbey) will be paid any remaining earned leave that we are required to pay by law.
"There has been no decision made on when or how the position will be filled."
This was a determination of the city manager, but city council input is always sought in these types of decisions, Massingham said.
Assistant superintendent Jody Hessling is serving as interim superintendent at this time, Massingham said.
Kearbey was also in possession of a city car when he was placed on leave. The car was returned the week of the incident, Massingham said.
Kearbey is married to longtime Poplar Bluff City Clerk Pam Kearbey, who officials say is not involved in either incident.
Discrimination
Summons were issued to defendants Thursday by the court in the discrimination case.
Hubrins is represented by Jefferson City, Mo., attorney Andrew Heitmann.
In court documents, Hubrins says race was a motivating factor when he was demoted from truck driver to laborer in June. He was promoted back to truck driver Dec. 12.
Hubrins also says he has been passed over for promotion in favor of less experienced Caucasian applicants.
Court documents accuse city officials of altering position requirements to prevent African American employees from advancing, and disciplining African American employees more readily, and more severely.
Massingham is accused of protecting Kearbey from the consequences of his alleged behavior.
Hubrins has asked the court for compensation related to loss of wages, emotional distress and medical treatment of emotional distress. He also asks that punitive damages be assessed against the defendants.
Weapons
Assistant superintendent Hessling is also a witness in the September incident involving Gray.
Both Hessling and Gray testified earlier this month during a preliminary hearing.
Kearbey brought a pump action, short-barrel shotgun into the office where she was working, Gray told the Missouri State Highway Patrol. He then pumped the shotgun multiple times and asked if she was scared, said Gray, who told troopers she was terrified.
Gray testified this month Kearbey asked, "Did I put the fear of God in you?"
When first contacted by the patrol, Kearbey initially denied taking a firearm into the office, troopers said in a probable cause statement. He later said he was teasing Gray about being a liberal, after the weapon was recovered under a search warrant of his home.
Hessling testified Kearbey was showing him the gun, and said he did not feel Kearbey's actions were threatening or rude.