HomeMy WebLinkAboutMinutes Book 19, Page 642, November 30, 1936NO. -�
Proceedings of__ -,card of Comalseloners City of Paducah a_Kentucky_, Yove:nber 3i),, 1_356
At a regular meeting of the Board of Commissioners held in the
Commissioners' Chamber at ' o'clock P. 'ra. on the 30th day of november, 1936, 'dayor
!'..ashburn presided and upon call of the roll the following answered to their names:
iO:C:1a41o.crs Hannan, Lockwood, Pulliam and •wayor iiashburn (4).
N !anutes of the previous meetings were adopted as read.
Commissioner Hanni:: offered the following mot on: That a deed granted'
a. 'to Alice V. Weston for lot 4,56, in block #4, in Oak Grove Cemetery, Paducah, Ky., upon
o.
_ot groper payrent of ,c,40.00 to t e City Treasurer be approved: Adopted on call of the roll
O.i:ry h
GYeas; Commission rs Hannin, Lockwood, Pulliam and Mayor Washburn (4).
Mayor Washburn offered the following motion: Having in conjunction
::ith Commissioner Hannin. inspected Earth 13th street and finding that the surface of
} o.
reports ..said street for many blocks contains hundreds of cracks that permit water to seep into
conditf:
on the foundation of said pavement and being informed by an experienced street contractor
gg tnat this condition is destructive to the pavement, I now move that the City 'Sanager be
Ginstructed to cause the street department to immediately fill said cracks so as to
protect the surface of said street. Adopted on call of the roll: Yeas; Commissioners
g,Hanr_in, Lockwood and L•layor Washburn (3). Nays; Commissioner Pulliam (1).
J P 1.1ayor Washburn offered the following motion: I move that the telegram
I'
H.jIaddr_,sed to the 'layor from the General Fire Hose Company be received and filed and
referred to *he City 'anger. Adopted on call of the roll: Yeas; Commissioners
Hannin, Lockwood, Pullfas and :layor Washburn (4) .
'ayor Wieshburn offered the following motion: I move that the com-
- r acation from L. V. Bean, City 'ai:agor, addressed to the ;~Myon and Board of Com-
_:_s�lo_e s under date of November 28, 1956, relative to motion Introduced In regard to
_ charges against ii. V. Eaton, be received, filed and spread upon the Minutes.
"November 28, 1936
wayor Edgar T. Mashburn
Commissioners
George A Hannin
T'1?tle Lockwood
Herbert S. 3elton
Lr. Z. B. Pulliam
city
;nt i ever.:
tI 'neve before me the •iotion of :November 24, introduced by Mayor Washburn and passed by
to trio vote of the commission, calling on me as City .'arager to ,rcparc charges
/ -ton as Corporation Counsel, charging him with conduct urbeco:eing an
oy, c£ .... City of Paducah.
:statute and ordinances of the city and 'I cannot find wher
--. o.. •., c. E authorized to proceed in the manner requested.
y;, oi..+ oit the statute or orainance under which you proposed for me to
.:h, you ..de yo::r rr.,i est of the %4th.
Yo,,r:; very truly
V. Bear.
City-asager.n
o:' the ro` Co.--1-,-.lo%er:: Hannin, Lockwood, Pullfa:: and Mayor
NO.. _64 � _ ..._. .- .__ _..
Proceedings of Board of Cor aissloners_.. City of Padacah� , o_ber
: '.layor Washburn offered the following motion: I rove that the
7.1
:n
eoc.runication addressed to the Board of Co:r-nlssione_s by attorneys R'. A. Berry
cat' -a PaLaer James in regard to the re-employment of Lacey Jones as patrolman
and the communication from the same attorneys In regard to the re-employment of
Thomas Russell, both as mc.ubers of the Paducah Police Department be received,
filed, spread upon the <inutes and referred to the City ?'.anger for his report
not later than December 3, 1936:
"November 30th, 1936
Hon. Edgar Washburn, Mayor
Hon. Herbert-elton, Commissioner
Hon. George Hannin, Commissioner
Her.. S. B. Pulliam, Commissioner
Hon. Tuttle Lockwood, Commissioner
In Re: Thomas Russell
Gentlemen:
We wish to call your attention to the contention of our client, ?Ar.
Russell, who was formerly employed on the City of Paducah's police force,
and he takes this means of presenting for your consideration in substantiating
his contentions regarding his status as a policeman, the following facts.
'r. Russell was employed as dogcatcher in the year 1933, and assumed
his duties In that capacity in the month of March of that year, and later in that
year 'ir. Russell was at the instance and request of the Commissioner of Safety,
,;transferred from his office as dogcatcher to that of the police department, taking
lthe oath of office of policeman before the Hon. Roy Holman, police judge, and
assigned to a regular beat by the Chief of Police. lir. Russell assumed these
Iduties as policeman, and upon doing so vacated his office as dogcatcher, and put
l on the city pay roll as a duly qualified policeman with full powers to make arrest ,
:;and in this capacity as a policeman, his authority to make arrests was challenged
ir. the Paducah police court, and the Judge of the Paducah Police Court held in
;!the case of the city of Paducah vs. Strother lelton that Thomas Russell was a duly
;qualified policeman with full authority to m.ke arrests.
On December 30th, 1933 in the Minute Hook of the year 1932, todate,
:,page 292, the list showing seniority of the policeman was received and filed by
Ahe Board of Commissioners and said .list was adopted on January B. 1934, and in
ythis list :1r. Russellts seniority and full status as a policeman was set forth.
Mr. Russell has held himself available for police duties since January, 1934, and
reported daily to Chief of Police for several weeks after January, 1934, but was
informed that at that time there was no work for him to do, and wr. nussell has
never been suspended, discharged or removed, nor have any charges been preferred
,'against him, and he has arbitrarily been ignored without cause, and without
'recognition of his seniority rights as prescribed by law. In the year 1935 the
{police force was increased, and has since that time been substantially increased
lwith utter disregard as to Lir. Russell seniority rights as a policeman, as
established by the addption of the list, by the Board of Commissioners January 8th,
1934.
Under the law Mr. Russell is entitled to immediate re-employment by
the City of Paducahas a member of the police departsent with his seniority rights
recog lzed according to the :,itnutcs, and also to his back salary at the rate of
;,37.00 ?er uoath frog Nove,abor 15th, 1935 todate, approxi:aately
We ^ub:.It as Attor.:cys, for the Boards consideration a co.nprom Ise
'Ir. Russells case on his behalf on the following b-tsiz; Wim. Russell
be re-•_nployed i.:J.ediateLy by the City of Paducah az
a policeman with seniority
rights recognized; established by the minutes, also as a co::Pro.iIse sett.le.rent
of his back salary 1r. nussell receive the sum of $1,000.00 fro -a the -ity.
We sub�ilt th•_ foregoing proposition and respectfully ask that this
Board ::�,ko ;u -.own their disposition in this matter ix:ediately, so that the
ecesLary steps can be taken to ;)rotect our clients 1:.terest.
-;hour:., ayor
Re— Gtcrgemiit n.ar., Ce7:7i 9aiOneP
He... Tuttle :.ockxoca Co. astaorer
Ho::.
IN. A. Berry, ;-ttorr,ey for
Tho..az Russell
E. Pa.:er 3a�:es, i.ttornty for
Thoua� Russell
::ove::ber :;8th, 1936
Ir: Re: Lacy Jones
ke e; sr, Ocit' '.O y:: tt,...t:or. u c rx of racy Jo:.es, who In 'ho
76 -Ir a r a, for t in L c.: of iy o: is c:zan, ani Whose a; _
z..vorab 6 C.J.. :..:a Lo:., and th.t a., a ap,licar;t, was
NO. — __.
Proceedings of '0 --rd of Cori=loners City of Paducah—'—November 30, 1-66
a policeman on December 1953, and certified to the Board along with the other
.:c-,bers of the police department in the list showing the seniority a:,d eligibility
of th, -cmbcre of the police force, amu this list was received and filed Dece:aber
it 1D331 and adopted January 8th, 1931, and is of record lc::linute Book year 193$
to c.ta, age 292.
:;r. Jones duly qualified as a rc6oiar ,,oiicc;ai:, and the National
Cor;ora'.Ion executed bond #598490 covering the interest of the City of Paducah
Jo:: s, in his duties a< a poltce.ca:,, this bond was executed Decea.ber 18th, 1933
:-:lu. paid by the City, a! -.do.: the same date in Lockct #13, in the City
ce, :4r. Jones took the oath of office as prescribed by law, and assigned to
daly qua! ii led polLce :an. j
Jones was not employed by the City at any time after Janaary, 19:4,
,c, held himself available and r.corted from tlaie to tla< for work, but
rari.ly ignored, and on November 15th, 1935 the oollcu department was
,th utter disregard to Ar. Jones's eligibility and seniority rating, and
iepart:hent has been substa::tially increased since ,November 15th, 1905, :•,ith
::.+\_ ..1 arbitrary refusal of recognition of MIP. Jones's se;.lority.
The records will show and indicate that at no time have charges been
preferred :against Mr. Jones. Ae has never been guilty of any misconduct while serving
as policeman. He has always held himself available for duties, and now holds himself
aV_.Alable, and by reason of the utter disregard of ::r. Jones status and seniority
rights, `9r. Jones is entitled to immediate employment, also for his compensation. from
'November 15th, 1935, until todaj;e, said compensation being based upon a monthly salary
of $97.60.
We wish further to call to your attention that in our opinion 11r.
Jo:zs's claim is a valid one against the city of Paducah, and vre erish to take this
s of extending to the Board and the city of Paducah the opportunity of settleing
co :trove sy, and we submit by way of a co ipro.sise settl—icr,t for the Boards
co:t!on the proposition that !:r. Jones be re-employed .;Ith full seniority
rS;hts rccoZnizei iy:nediateLy, nd for his claim of back wages aaount:n,; to the sura of
Jones receive of the city the sum of $815.00 as a full coapromise
...c: _t ol iij back wages.
We respectfully suberit on behalf of -:r. Joi:es the foregoing ; roposltio
'he rcgaest that this Board :cake known their disposition in thi_: ;natter in -
so that we in tur.: c. -.n advise our client, and institute the necessary
,•:' ,roceedings to protect his interests.
Respectfully submitted
Berry, Attorn:-y for
racy Jones
Palmer James, Attorney for
Lacy Jones
Adopted on call of the roll: Yea;; Commissioners Hannir., Lockwood, Pull.ia:i and .Iuyor
ppm ... _.-burn (4) .
'.ayor 1•ashburii offered the following aotiot:: I aiove that this regular
_ adjourned until December 5rd 2 P.M. »dopted on call o; the roll: Yeas;
3,.r -in, Lockwood, Pulliam and Mayor Washburn (4)2
_01^I _._,j95'6 APPROV1•ID
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