A Conway circuit judge ruled Wednesday that she cannot rule on the termination of police officer Brittany Byrd because the Conway Public Service Commission did not follow Arkansas state law during her appeal hearing.
Byrd was fired from the Conway Police Department for her response to a mass shooting at a local park. The decision to uphold her firing came after a tie vote by the city’s Civil Service Commission, also known as the Public Service Commission, on Aug. 20, 2025. That tie vote failed to meet the legal standard required under Arkansas law for upholding a termination.
Judge Michelle Simmons found that the tie vote did not constitute an official decision by the commission, which must issue a majority ruling to either uphold or overturn a disciplinary action against a public employee in Conway. Because the commission deadlocked 2-2, it failed to render a valid ruling, which left the court without jurisdiction to review the case according to state statutes.
“Without a clear majority decision by the commission, this court lacks authority to intervene,” Simmons wrote in her ruling. “The ordinance governing the Public Service Commission requires a majority vote to finalize an appeal of this nature.”
Byrd’s termination stems from her conduct during a mass shooting incident at a Conway park in early 2025. The police department concluded her response was insufficient and inconsistent with department policies, leading to the firing.
Her appeal to the Civil Service Commission, meant to provide an impartial review of the department’s decision, ended in the tie vote. The deadlock has now complicated her termination’s legal standing.
The Conway Police Department has not publicly commented on the ruling. Byrd’s attorney could not be reached for comment Wednesday.
The Public Service Commission is tasked with hearing appeals from city employees who are disciplined or terminated. According to Arkansas law, the commission’s decision is final unless it fails to follow required procedures, in which case judicial review is permitted.
Simmons’ ruling highlights procedural issues that may require the commission to revisit the case. The city’s ordinance, which mirrors state civil service law, does not provide for tied votes to serve as a final decision in disciplinary appeals.
Byrd’s case has attracted local attention given the serious nature of the incident prompting her suspension and termination. Mass shootings remain infrequent in Northwest Arkansas, but their impact draws significant scrutiny to law enforcement responses.
This isn’t the first time a Conway police disciplinary matter has generated legal challenges related to procedural concerns with the Public Service Commission. The ruling underscores the necessity for clear, majority-backed rulings on employee appeals to withstand judicial scrutiny.
Local officials now face the prospect of scheduling a new hearing before the commission to produce a majority decision that could either confirm or overturn Byrd’s firing. Without a definitive ruling, her employment status remains uncertain under law.
Byrd’s termination and appeal process come amid ongoing discussions about law enforcement practices and accountability in Conway and broader Benton County. State and local leaders continue to evaluate policies governing officer conduct and public safety response protocols.
This episode reinforces the complexity of balancing employee rights with effective disciplinary mechanisms in public service sectors, particularly within police departments under heightened public oversight.
Source: NWA Democrat Gazette