LATTA, SC (WBTW) – According to Crystal Moore’s lawyer, M. Malissa Burnette, Moore still technically holds the position of Latta Police Chief.

In a letter addressed to Town Administrator Jarrett Taylor on Monday, Burnette claims that because council failed to vote in an open session on Sept. 8 to terminate Crystal Moore’s employment, she still holds the position of Chief of Police.

In the letter, Burnette cites a law that says public bodies cannot take any action in executive sessions except to adjourn or return to public session. The law says all decisions must be made by public vote, and each individual vote must be recorded in the meeting minutes.

According to Burnette, “The members of a public body may not even be polled or take an informal vote regarding a course of action while in executive session.”‘

In a phone interview, Burnette told News 13 that the real issue stems from a town employee who accused her superior–also a department head like Chief Moore–of sexual harassment. She says the only thing her client is guilty of is trying to protect a fellow town employee.

“Its the retaliation for her assisting the young woman who was trying to protect her rights to be free from sexual harassment at work,” Burnette said. She said she is filing a discrimination claim with the Equal Employment Opportunity Commission on Moore’s behalf.

In her letter to Taylor, Burnette advised Moore not to return to work unannounced in order to ensure an orderly transition. Burnette also says the police chief is ready and able to return to work, and expects full pay and benefits to continue with no deduction from her accrued annual or sick leave.

Moore had just returned to the police chief position following a five day suspension at the end of August before she was terminated Sept. 8.

News 13 obtained the letter terminating Chief Moore from a Freedom of Information Act Request. In it, Town Administrator Jarrett Taylor cites poor morale and a failure to raise pay for officers in the town. Taylor says in the letter that Chief Moore is “more of a detriment to the town of Latta and its employees than she is a leader and an asset.”

The letter does not mention the sexual harassment claim that she refers to, but Burnette said her client is still the Latta Police Chief, and is confident the courts will side with her.

“If the council still wants to terminate her, they can reconvene and do it correctly,” Burnette said.

Latta town officials we reached out to declined to comment but said to expect a response of some kind on Tuesday.