Mobile police intelligence chief fired after report on Prine’s claims

Kevin Levy, head of the Gulf Coast Technology Center, the cyber-intelligence unit of the Mobile Police Department, was fired Tuesday after a Mobile City Council investigation found he gave false testimony in the investigation and tampered with documents, Jason Johnson, spokesperson for the city of Mobile, confirmed to AL.com.

Bill Athanas, a lawyer hired by the Mobile City Council to investigate former Mobile Police Chief Paul Prine’s accusations against city leadership largely did not find evidence of wrongdoing. However, the report found evidence of wrongdoing with regard to a contract with 321z Insights, LLC and Levy.

Levy and Prine could not be reached for comment Tuesday. However, Levy’s attorney told Fox 10 that he provided five hours of true testimony and disputed the special counsel’s findings.

“The mandate we were given by this council was to conduct a report whose methodology could not be questioned. That meant being thorough and being fair. We were both,” Athanas said during a Mobile City Council committee meeting Tuesday. “I strongly encourage people to read that report. We will make that available publicly.”

Athanas’ report has been forwarded to the Alabama Ethics Commission, the Office of Professional Responsibility, Attorney General Steve Marshall’s office, and Mobile County District Attorney Keith Blackwood’s office, Mobile Mayor Sandy Stimpson said.

The report will be made available to the public today.

Prine was fired by the city council in April after he was placed on administrative leave by Stimpson, after a report by former U.S. Attorney Kenyen Brown on the police department’s use of force. Prine then publicly accused Stimpson’s administration of mishandling a contract with 321z Insights, a consulting firm hired to review Operation Echo Stop and ShotSpotter technology, among other allegations.

In May, the city council authorized a $200,000 contract with Bradley, Arant, Boult, Cummings LLP in Birmingham for a 45-day investigation into Prine’s claims. Athanas oversaw the investigation.

Athanas considered four allegations made by Prine: handling of the 321z contract, whether the chain of command was followed with regard to the Gulf Coast Technology Center, a breakdown in relations between the city and Prine, and the handling of Prine’s written grievances.

Athanas’ investigation found no violations of law or city policy in all but one of those allegations.

With regard to the 321z Insights contract, Athanas’ investigation found that Levy provided false testimony during the special counsel’s investigation. In addition, the investigation found that Levy’s actions on a signature page on a document rose to the level of tampering with government documents, a violation of state law, Athanas said.

There were no other violations of the law or city policy related to the 321z contract, he said.

In a statement, Stimpson said he “disagreed” with Athanas’ characterization of the actions taken in regard to the 321z contract.

“While we disagree with his characterizations around the drafting process of this contract, we take any allegation of a crime or misconduct very seriously,” Stimpson said. “It is important to note that there is no evidence of illegal or unethical monetary gain regarding this contract.”

Fred Helmsing, an attorney working on behalf of the city, pointed out that Athanas’ report still determined that the city’s contract with 321z Insights was valid.

Stimpson said Levy’s conduct is still “under review.” Mobile City Council President CJ Small said after the meeting that Levy’s conduct appeared to be in violation of the law, based on what he had read in the report. Small said the council would forward the report to Blackwood as well.

Still, Stimpson heralded the report as an “exoneration” of members of the city administration. The problems with police leadership are primarily Prine’s fault, he said in a statement.

“The special counsel is correct that there was a problem within MPD’s leadership, and we took steps to deal with it. Let me be clear, the Chief of Staff and Executive Director of Public Safety were acting consistently under my direction,” Stimpson said. “Hindsight shows that one person caused this dysfunction and disruption because he could not adhere to the chain of command and follow the directives of his supervisors. He is no longer here, and we are moving forward.”

Members of the city council encouraged the public to read the report in its entirety.

“Our job is to ask questions, and to investigate, and that we have done,” Small said during the meeting.

The Alabama Department of Examiners of Public Accounts concluded that the city of Mobile followed “all relevant state laws in executing” the contract with 321z Insights. Marshall closed the investigation earlier this month.

The Office of Professional Responsibility and the law office of Burr & Forman also investigated the 321z Insights contract. Neither investigation revealed wrongdoing, Stimpson previously told AL.com.

Mayor Stimpson’s full statement:

“Today, the City Council’s special investigator submitted his report outlining his investigation and findings into allegations made by Paul Prine after he was placed on administrative leave. The Special Investigator’s report represents the conclusion to a long and distracting saga, created by a disgruntled and misdirected employee. With it brings a mix of emotions.

I am grateful that this report has proven that the vast majority of Paul Prine’s many meandering allegations were simply never true. It clears the name of several city employees and career public servants who never deserved to have their integrity questioned so publicly or so recklessly.

As Mayor, I am responsible for my staff and the leadership I put in place over City departments. I made the decision to hire Paul Prine. I made the decision to fire him. I regret that I didn’t do it sooner. Had I done so, it would have saved thousands of taxpayer’s dollars and saved countless wasted hours defending our staff against his false allegations. I’m angry about the time wasted and the money expended.

It is unfortunate that the Special Counsel characterized the situation within MPD leadership as dysfunctional. That unfairly cast aspersions on an incredible group of men and women in the department and its leadership positions.

His report also makes allegations about the way a draft version of the 321Z contract was handled. While we disagree with his characterizations around the drafting process of this contract, we take any allegation of a crime or misconduct very seriously. It is important to note that there is no evidence of illegal or unethical monetary gain regarding this contract. However, after reading the report yesterday afternoon, I immediately sent it to Mobile County District Attorney Keith Blackwood for review and action. Additionally, we sent the findings to the Alabama Ethics Commission and the Office of Professional Responsibility (OPR) this morning.

The special counsel is correct that there was a problem within MPD’s leadership, and we took steps to deal with it. Let me be clear, the Chief of Staff and Executive Director of Public Safety were acting consistently under my direction. Hindsight shows that one person caused this dysfunction and disruption because he could not adhere to the chain of command and follow the directives of his supervisors. He is no longer here, and we are moving forward.

I want to thank the special prosecutor for acknowledging that my administration did exactly what we said we would do. We gave them everything they asked of us and fully cooperated with their investigation.

Most importantly, thank you to those who have been praying for us and for our City. We have felt support from the many citizens who have reached out to provide words of encouragement. I want the citizens to know that I am as proud as ever to serve you as Mayor.”