Barnes Files Grand Jury Petition

A petition to impanel a Grand Jury in Delaware County signed by some 750 Grove area residents was filed in District Court Thursday by Earl Barnes, Grove resident. The petition from Barnes also asks for indictments against Mayor Carolyn Nuckolls and Councilman David Helms for "failure to supervise" and voting to "not appoint a board member that reported their illegal GIDA meetings to the public." It also asks for inquiry into a "systematic pattern of continuous conduct by William A. Galletly, Grove City Manager."

Adding fuel was the announcement from Earl Shero, Grove area resident, that he will add an Addendum alleging three additional allegations against City Manager Bill Galletly which will be given to the Prosecutor.

A petition to impanel a grand jury prior to obtaining signatures was filed in District Court Feb. 8, 2006 and was ruled sufficient by District Judge Robert Haney the same day. Circulators of the petition had 45 days to obtain sufficient signatures to authorize the entry of an order impaneling a grand jury.
The signatures must now be certified by the County Election Board as qualified electors and if so, a district judge would order the impaneling of a grand jury to convene within 30 days of the date of certification as received by the Court Clerk.

A Grand Jury investigates law violations; there are no defendants, and until the investigation is complete it is not known who may be charged with violations. A grand jury could result in a "true bill of indictment" or "no bill," in which case the matter would disappear.

Attorney for Barnes is Todd Tucker, Tulsa.

Barnes' request specifically asks that the Delaware County District Attorney and his staff be excluded from any investigation of the matter as he "has no intention of following his oath of office in prosecuting crimes committed in his jurisdiction and therefore he must be disqualified. Further, most likely he will be called as a witness before a grand jury…"

Barnes' petition asks for inquiry into Galletly's violations of the Open Meeting Act, the Oklahoma Competitive Bidding Act of 1974 and the Grove City Ordinances; violation of citizens' Constitutional Rights; and includes Councilors Carolyn Nuckolls and David Helms for violations of the Open Meeting Act, failure to supervise their oath of office, and harassment of a GIDA board member "that reported their illegal GIDA meetings to the public," according to the petition.

Shero's addendum includes charges against Galletly of embezzlement of property for allegedly submitting a resolution to have "Grove City Council pay his and Buzzard's attorney fees in violation of State law." His addendum states that the "Council paid settlements of attorney expenses in excess of $47,000 for the criminal acts of its employees…and paid attorney fees to City Attorney Parker of $14,000 for her improper lawsuit and in direct violation of the Open Meeting Act and the U.S. Constitution…and that the City of Grove paid these fees after being made aware that Galletly's, Parker's and Buzzard's actions were illegal and not authorized."

Galletly has stated that the city's insurance carrier settled the Shero lawsuit in May, 2004 and paid Shero's attorney fees of $20,000 from premiums paid by Oklahoma cities and towns, with the exception of Tulsa and Oklahoma City. Galletly and Buzzard paid the rest from their personal funds, he said.
In the recent bid-splitting trial, Galletly said he paid 100% of his attorney fees, and the appeals bond of $1800. "Not one dime was paid by the city," he said.

Basically, all of this started over the city's refusal to give Shero the information packet given to councilors prior to their meetings, in January, 2004, based on advice from the then city attorney, Dorothy Parker. This refusal continued, Shero says, even after Assistant District Attorney Ben Loring faxed a letter to Buzzard and Parker informing them of the violation of law and threatening prosecution.
The city filed a lawsuit against Shero in February 2004 and shortly thereafter the District Court ordered a judgment in favor of Shero.
Shero maintains that the city cannot pay from its coffers to settle a "criminal act."
Shero also states that the Council took no action to stop the lawsuit filed by the city against Shero in February 2004 and subjected Shero to public criticism that caused his employer, Grand Savings Bank, to fire him.

Shero said this week that "this would all go away if Galletly, Nuckolls and Helms would resign."
Galletly's bid splitting trial this month resulted in a not guilty verdict on the City Hall Remodel Project, and a guilty verdict on the White Building Project. He is appealing that jury decision.

The Grand Jury petition's 750 signatures represent one-third of those voting in the last city election, Shero said.
The signatures include those of Bob Henkle, GIDA Board Member; Gary Trippensee, Airport Trust Authority board chairman; Terry Abercrombie, airport manager, and Charles Rowe, former councilman.
Shero also warned that "if Council spends $1 more than his contract to buy Galletly out I will get it back from each Councilor."
It is assumed that the prosecutor in the Grand Jury matter will come from the Oklahoma Attorney General's office, Shero said, since the Delaware County D.A.'s office has been specifically requested not to serve

For those keeping score, here is a summary of the lawsuits currently pending involving the city:

In Federal Court, the city is appealing Judge Terrence Kern's decision earlier this month regarding the Gary Metcalf suit against the city. Metcalf is the city's former EMS manager. Earl Shero's suit for violation of his First Amendment Rights against the city is expected to come to trial in July, he said.

In District Court, The Grand Jury petition is now filed, and Galletly's appeal on the bid splitting conviction is in the works to the State Court of Criminal Appeals.
When asked where Shero was getting the money to carry out his legal actions, "I sold my house and have spent my savings, and if I have to live in a tent I'm going to pursue this to the end."

Barnes said "I can no longer stay silent on the violations of law taking place in Grove. I ask 'We the People' to examine the violations and bring justice to Grove. I believe it to be my duty and obligation to see that the laws of the State of Oklahoma and our Constitution are respected in Grove…"

Galletly said Thursday he would have no comment since he had not seen the actual petition.