Conway civil service prehearing centers on scope of evidence, recusals and notice in Byrd termination appeal

The Conway Civil Service Commission heard arguments in a prehearing session about the termination appeal of former Officer Britney Byrd on a charge that parts of her administrative interview were “untruthful,” counsel said. Attorneys debated whether the city’s termination letter and available recordings satisfy state notice requirements, whether testimony about events before the shooting is admissible, and whether Commissioner Courtney Kennedy should hear the case because a listed witness is Lieutenant Kennedy.

The dispute matters because the commission will decide both whether rule violations occurred and, if so, whether termination was an appropriate penalty. Petitioner counsel Robert Newcomb asked the chair to bar Lieutenant Kennedy from testifying or to disqualify Commissioner Kennedy, arguing the termination letter did not identify which statements were allegedly false and that the commission lacked a court‑reporter transcript of the prehearing proceedings.

City counsel responded that the termination letter and accompanying video and audio files give Byrd notice of the alleged untruthful statements, saying the letter identifies policy violations and explains that video and dash‑cam evidence contradict portions of her interview. City counsel said recordings and interview files were provided and that the statute requires notice of cause, which the city has supplied. The city also urged the commission to limit evidence to Byrd’s conduct and response to the April 13, 2025 mass shooting, rather than reopen debate over whether the gathering should have been broken up beforehand.

Commission legal advisor Charles told the panel the chair has authority to rule on admissibility and recusal matters and that the commission’s role is to determine (1) whether the employee violated rules by a preponderance of the evidence and (2) whether the discipline imposed was appropriate. Counsel for Byrd said the petitioners seek specific factual notice—“tell us you said this and that’s not true”—so they can prepare a defense rather than respond on the fly at the hearing.

Participants also raised procedural concerns about the record: Newcomb noted the absence of a certified court reporter for the prehearing and said he would preserve objections for the record. Staff and counsel confirmed the meeting is being video recorded and that the substantive hearing will include a court reporter “per statute.”

Attorneys argued at length about the proper scope of witnesses. Petitioner counsel said he may call as many as 28 witnesses; city counsel said some listed witnesses overlap and several are already eliminated from the parties’ lists, and warned that the hearing, currently set to begin at 9 a.m. Wednesday, could extend beyond one day if many witnesses appear. Commissioners discussed limiting the hearing to matters directly tied to Byrd’s response and truthfulness, while recognizing that prior job performance or comparable discipline can be relevant to the question of appropriate punishment.

On one discrete outcome announced at the session, the commission recorded that Commissioner Courtney Kennedy had recused herself from participating in the hearing for the rest of the week via a voicemail received by staff that morning. The chair did not make final rulings on pending motions in limine at the prehearing; counsel indicated some objections will be renewed at the hearing when particular witnesses are called.

The commission confirmed the hearing will begin Wednesday at 9 a.m.; the chair retains authority to rule on admissibility and to manage witness testimony during the hearing. Several parties asked that rulings on motions in limine be held in advisement until the specific testimony is offered so the chair can apply legal standards with the record before it.

The record shows the termination arose from Conway Police Department administrative interviews and an IA investigation of a mass shooting on April 13, 2025, which the city stated resulted in two deaths and nine injuries. Parties disputed whether evidence about events before the shooting—such as whether the gathering should have been broken up earlier—is admissible and relevant to Byrd’s termination.

The prehearing concluded without other formal rulings; counsel and commissioners said they expect to reconvene at the scheduled hearing to resolve outstanding evidentiary disputes and to take testimony.