January 2, 2023
By: Dwayne Page
The Smithville Mayor and Aldermen have taken the first step to make changes to the city charter and personnel policy in the procedures for the employment of department heads, officers, and other employees.
During Monday night’s regular monthly meeting, the aldermen adopted a resolution asking State Senator Janice Bowling and State Representative Michael Hale to introduce legislation in the state house and senate to amend the city charter. The aldermen also approved an ordinance on first reading to amend the city’s personnel policy to make it consistent with the charter changes. Ratification of the charter amendments and second and final reading action on amending the personnel policy by the Aldermen will come later this year after the legislature acts on the proposed charter amendments.
John Grubbs, Human Resource Consultant and Warren Nevad, Municipal Management Consultant of the Municipal Technical Advisory Service met with the mayor and aldermen during a work session in November to suggest that changes be made.
Currently, the city charter prohibits anyone from holding city office or employment for a period of ten years after final conviction of malfeasance or misfeasance in office, a felony, or a crime involving moral turpitude.
If amended as recommended by MTAS, the charter would prohibit only someone convicted from holding office in the city for a period of ten years. It would no longer apply to an employee.
Grubbs explained his reasons for the proposed change during the November workshop.
“The reason we are removing employees from that provision is because you need to look at how long it has been (since the offense), the nature of the crime, and the nature of the job. Let’s say I applied for a job as a garbage collector at the City of Smithville but eight years ago I had a small drug charge which may have been an e-felony then that would now be considered a misdemeanor. I have a felony on my record. The offense is not job related to exclude that person from being able to work if he or she can do the job and it wouldn’t create risk to the city. The current provision is over broad so I am recommending that you allow employees (in certain cases) to apply and be employed. Clearly you wouldn’t want to put someone in as a finance director who was convicted of malfeasance, misfeasance, or fraud even twenty years ago. We’ll put in the personnel policy that you look at the crime, the nature of the crime, and how long it has been since the conviction, and the job they are doing and then make a decision (on their employment),” said Grubbs.
If approved the city charter would also be amended to specify that by a simple majority vote the Board of Aldermen has the authority to appoint, promote, transfer, demote, suspend, and remove officers(Officers of the city are the City Judge, City Attorney, City Recorder and Treasurer, and City Administrator) and department heads but that the Mayor and or City Administrator , without a vote by the aldermen, would be authorized to appoint, promote, transfer, suspend, demote, and remove all other city employees. No employee terminated by either the board or mayor/city administrator would be afforded an appeal at the city level under the proposed city charter amendments as had been the case in the past.
“The Board hires and fires department heads including the police chief, fire chief, and public works director as well as the city administrator which is an officer and then the mayor and or city administrator as designated by the board to do so by ordinance and the personnel policy can hire, fire, suspend and manage employees. For example when you (city) hire a sanitation worker you (aldermen) don’t have to have a vote. Other than that in regard to personnel actions, the board’s job is to legislate and to adopt personnel rules and regulations and then let the mayor and city administrator manage it except for the hiring and firing of department heads which is the board’s responsibility. What I am recommending is that you (board) divest yourself from all the minutiae of overseeing who is hired as a garbage collector or police officer, etc and you (aldermen) hire the department heads because they are higher level positions,” said Grubbs.
In other business, the aldermen adopted a rezoning ordinance on second and final reading changing from residential to commercial property belonging to Jerry Hutchins at the corner of South College Street and East Bryant Street. A public hearing was held prior to the vote but no one from the public showed up to oppose the request.
The aldermen also postponed action on the purchase of a security camera system at Green Brook Park.
Mayor Josh Miller said at the December meeting that Green Brook Park has come under attack by vandals in recent years and security cameras are needed there to record activity of that kind at the park. He also commended Smithville Electric System for adding more streetlights in the park.
Quotes have been obtained from two companies interested in selling a security camera system package to the city including one from Holmes Surveillance, LLC for $8,596 and DTC Communications for $9,536.
Two of the aldermen, Beth Chandler and Danny Washer wanted more time to consider the proposals before taking action. The issue will be decided at the next meeting in February.