HomeMy WebLinkAboutMinutes Book 19, Page 646, December 3, 1936^o^rd of Co:_mie. Loners
City of Paducah_,-_ilt'se.:b_s'3•_',> 1936 —.--
4t :..: adjourned ren:+Lar meet ;a of the Board of Co-xls to:n.rs held
th< :o.:.:l:zio.:.sr Chamber at the City Rall, Paducah, Kentucky, at k: of clock ?.'.i.
o-. the '3rd day of Lcce:nbcr, 1906, ;'t;yor h'ashburn presided and upon, call of the roil.
the folloe:i,•a; answered to their nines: Co:nmissione.rs Ranutn, Lockvrood, 1!elton,
_::d "ayor'.,_shbur:: (5).
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"ayor C. %.B �,
:ashb:.
urn offered the followirsZ ,otion: The!,e 13 now •eruiin,,-, :i:.
vs the O!ited Gtates District Court for the western district of Kcr:tucky, the action of
city
CO'r.- I Jeff Tooker as Receiver for the City ;.at.lonal Bank vs. City of Paducah to recover
pro -.i r�-
from the City of Paducah certain loans :node to the City of Paducah. These loans
represent an honest ob.ligatio:, of the city :of Paducah to said bank and its depositors-,
I .ow move that the City of Paducah by and through its Board of Co.nmissloners agree
to a compromise settlement of said litigation as follows:
That the City National Bank's receiver, with consent of the Comptrolle
of Currency and the approval of th:. Judge of the United States District Court, offset
all accounts of the city of Paducah against the obligations of the City of Paducah to
the City National Bank without charging the interest except on the balance that :gay be
due from the City of Paducah to the City National Bank as of the date when said bark
closed its doors. It is estl:,ated that there will be a balance of approxi.uately
w18,J.`.) due fro.., the Clty to the City rational Bank's receiver and approximately this
suW should be on hand, it having been impounded by order of the Judge of the :FcCracken
p Court 1:. an actio:- of certain bond holders agai.st the: city of Paducah.
u Aaoptea or; call of the roll: Yeas; Commissidners Ha,u.in, Lockwood, Pe" -Irl and Wayor
i;ashburn (%.- .',lays; Co:rz:lssioner 61e-iton (21•�—.00 — -��� ��aw: U-.w�-
/
Mayor ;ayor Washburn offered the following motion: I wove that the copy of
va•
EstOai the letter addressed to Guy H. Herdman, Assistant Attorney General, asFcing for his
tett opinion and interpretation of the duty of the uity >Fanager In preferrilr;; charges
Gen & agal-st an employe, ara the kttoraey'General' s reply to said letter, both be received,
his y
PePZy filed ani spread upon the 'inutes:
"November ail, 19x6
B r. Guy H. llcrdr.;an
t _sta:.t Attorney Fleneral
frankfort, Kentucry
.-.... Hera wn.
:c -so for an opinion on a matter t :_ ... o 'ho
.. .. .. :.� . .. -. .. I
uc by a referendum vote o: -'OV
oJr c- t,y under civil service rug,... i
to _ice and fire departments due to
co 4 G - . a i,',OtiOn oi' i;Ovember 2;$, wni n _ . -
o: the t.<_. .:ritten by City .;anager L. V. k.,:c.:.. I
. •. ,�;;r to co=.::runicate ch•tr',;�. :.:' _.. �,. ..
J...
•:: : ..; ,., ... _ .: _. receive and flits
nnmr.s. In thr r•..:. i
o prefer ch %ton
.. - ._ - .': r:.- :nil •J ,. . ..:
r.lo.u•e9 aW your opx lon.
I
.. r .: -
cX..a of i
!. tiger '.. .. .. .. . , !
the tegulat
':t thr er•. I
_ _ .... v :•y .ruiy
I
N0 -0 -7 --
Proceedings of-.1303rd
O._647_Proceedingsof..lioard Of Co•-nfssioners City of Paducah_,-7QpQmber 5, 1636
i
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'•'� "� .4ayor and Board of t;o. ;:i tori rs
•• , f _ _ !-a•:.:_.h, Aentucky
o!' ;r.. er the uonr•1 of ! ::,ten. , ;, 11 .o+!on 0. f( by 1yor
. , t•-... ,. I},. _ O :-Tally CO: pUnicatio:.a
. .'� E,gar .� to thR rC.
r
instructed :,c to
J , :.4 A fc.• days
: r_e had a nu•abtr of
1 ety Washb n•n; that !
't ti ht, Chrfstaas holidays; !
t t ,.:y were not patrolmen
s autncc
force cc by the nu�:.t,: r of new
-nox .. _,� ci r status of eT.-eloy-I.ent
"December 2, 1836
Cit�.1ana hrls
Hon. Edgar T. Washburn, :Jayor
lett re arding
;,Paducah, 1ncntucky
status Jones
and Rus _1 for
ent
Dear '!r. Vashburn:
ree�ploy
sours of the 60th ult., with enclosures, It, which you ask the construction. of the
k%• �• "�'� %
law re�ative to preferring charges aga,nst your Corporation 1,ounscl, and the
,power that the City Manager has in same, has been received.
As you know, the City Manager fora of government has for its prime object and
purpose the centering and fixing of responsibility and also to avoid the compLi-
cations of the old Courcilmanic form. Under this City ]tanager Act, as you know,
'allofficers were abolishes except Mayor and 1,lty Judge, and the appolntmclit of
other officers was vested under Section 3k35dd-34 in the City u;anager. Your
Board, under Section 3235dd-35, may create by ordinance administrative departments,
'co.:bine them or abolish them, but the appointment and employment or the directors
and employes in these departments is left exclusively to the City Tanager. He is
also vested with exclusive right to remove them at any time, subject to such civil
service rules and regulations as you may have pertaining to same. I am speaking,
of course, otherwise than of the police and fire departments, as you mci.tion.
It then follows that the appointment of your Corporation Counsel, as wc11 a:- the
removal, is vested in the pity Manager.
Now the question arises, could you force thc. City Manager to act in this matter,
Iland fix the responsibility of the removal of an official whom you charge with
dereliction in this man. You will notice under Section 5235dd-36 that the board
Commissione:•s shall have power to make investigations in the city affairs,
iof
subpoena witnesses, administer oaths, etc.
�I am of the opinion that you can have the Clerk notify your Corporation Counsel
�to appear before the City Manager an:: your Board and prefer charges against him,
and then place it up to the City Manager to remove or retain him, as his judgment
dictates. In this, you have done your duty.and exercised all the power given
you under your form of city government.
"If the City ,/.anager, in the face of proof, refuses to remove a derelict official,
Il then the responsibility rests in him, as the City Manager Law intended. If your
.City Manager refuses to work to the best interest of your City, you, under
Section 6235dd-a3, have the power to remove him upon written charges and a public
11 hearing, and his failure to remove incompetent or unloyal officials is a breach
of his duty to the city.
As to your ordinance of 1918, you will notice that this :Leaves the rrroval o±
city officials to the C ommissioners, while under Section 3235dd-17 of the City
!Manager Law, ordinances or resolutions not inconsistent with the law are retained.
This ordinance in the respect above indicated, is inconsistent with the ULty
Manager Law, and in that respect was repealed. The object of the law was to
center responsibility in the appointment and removal of officers in the CLty
:.manager, as above stated, and all the Hoard can do is to put the matter clearly
up to this Manager in these various matters.
Yours very truly
B. M. VINCENT, ATTOH;IEY GENERAL
By Guy H. Herdman, Assistant Attorney G.•neral
Adopted or call of the roll: Yeas; Commissioners Hannin, Lockwood, •Pelton, Pulliam
Land Mayor Washburn (5).
ilayor Washburn offered the following motion: I :Hove that the
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co::::unication from L. V. Bean, City Manager, audressed to the Mayor and Board of
Co.- Issioners in response to a motion adopted by the Board of Commissioners on
:.ovcr.ce:• 3u, In regard to the names of Lacey Jones a:d Thomas B. Russell for
as ponce officers of the City of Paducah, be received, filed and
spread upor. the ::ii.ates:
"December 11, L966
i
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'•'� "� .4ayor and Board of t;o. ;:i tori rs
•• , f _ _ !-a•:.:_.h, Aentucky
o!' ;r.. er the uonr•1 of ! ::,ten. , ;, 11 .o+!on 0. f( by 1yor
. , t•-... ,. I},. _ O :-Tally CO: pUnicatio:.a
. .'� E,gar .� to thR rC.
r
instructed :,c to
J , :.4 A fc.• days
: r_e had a nu•abtr of
1 ety Washb n•n; that !
't ti ht, Chrfstaas holidays; !
t t ,.:y were not patrolmen
s autncc
force cc by the nu�:.t,: r of new
-nox .. _,� ci r status of eT.-eloy-I.ent
Proetedinga of 5oa_rd oS Coiimissloners Croy of'Padacah 'Lecember
employed to fill vacancies. Prior to and since the appointment of these two officers
neither -r. Jones nor Mr. Russell have ever reported for duty or requested that they be
,reinstated, until the receipt of the co:.n:cunicat tons dated 'November L8 and :Jovember 30
'and referred to in your motion. 1 am advised by the Ch1cf of Police, who made the
stateoent in the presence of the Board of Commissioners on Wednesday, november e5, that
neither wr. Jones nor :dr. Russell had reported for duty at any time nor requested that
t:cy be reinstated.
dpon an, examination of the bond record of the city of Paducah I find that on iiarch 1.6,
LOZ3 nr. Thos. B. hussell signed this cook as dog catcher, but nowhere in this volume
can be found where he has executed bond as a policeman. There is a record ofir. Jones
hay.ng signed the bond book or. ".ay 13, 1935 as special guard with ,police powers for the
l'aa'.,cah Ice-aaufacturing Company, but there is no record of his signing as a regular
or extra policeman, which is required. It is true that after being put on as an extra
policeaar. he did apply to the Ralteman Insurance Agency for bond in the sum of $1000.
iThe bill for this bond was approved by 1+r. George Block, then Commissioner of Property.
,Under date of December 30, I find motion made by :Ar. Washburn, which reads as follows:
UI offer a list of the p:rsonnel
of the Police and Fire Departments.
Said list showing the age and years
of service by which their seniority
is established, and move that said
list be filed."
On this list under the caption "Extra Police" appears the name of Lacey Jones. This
list, which was typewritten, gives the name, age and years of service of the personnel
of these two departments. Added, however, in lead pencil appears the name of Thomas
B. Russell, age 36 years and years of service 9 months, but nowhere do our records
reveal that these men were bonded as policemen.
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Asswntng that they were acting as policemen, by Chapter 72 of the Acts of 1932, and
which now forms a part of Section 3235dd-35 of the Kentucky Statutes, as it appears
„in the 1933 Supplement, every policeman thereafter appointed shall stand a certain type
of examination and shall comply with all the rules of the department and all regulation
,for his examination. The examination and qualifications provided for In this Act shall
not apply to the members of the police force and the fire department at this time who
have beer. continuously in the service for a period of live (5) years. If :Jr. Jones,
or any other man appointed since that Act went into effect, has not complied with the
provisions of the Act, he would not be in position apparently to claim the benefit of
any seniority rights. There is no provision in the Act for extra men or temporary
enploy_nient, and it would seem that such persons acquire no rights by reason of their
to-,.orary service.
Yours very truly
L. V. bean
City tanager It
Adopted on call of the roll: Yeas; Commissioners Bannin, Lockwood, .2elton, Pulliam and
:ayor Wirshburn (5).
On motion meeting adjourned.
'ACOPTRU_ c 1936
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APPROVED
:'AYOR - ._