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HomeMy WebLinkAboutMinutes Book 20, Page 639, December 1, 1942r1 U No 639 Proceedings of-E211 Ed of CommlaaSonors Cii'y of Paducah December 1. 1942 At a Regular meeting of the Board of Commissioners hold in the Commissioners' Chamber at the City Hall, Paducah, Kentucky, at 7:30 o'clock P.M. on 7ccomber 1st, 1942, Mayor Lackey presided and upon call of the Roll the following ;anstwored to their names: Commissioners Dorian, Johnston, Pulliam, Wagner and mayor Lackey (5). Airport Commissioner Dorian offered motion that the Board of Commissioners receive,, Completed and file the letter of Lir. H. E. Horner, Acting Supervisor of Airports for the Civil .Aeronautics Administration, in which IP'r. Horner advises that the Paducah Municipal 'Airport has been carried to completion. Adopted on call of the Roll, Yens, Comminsioners Dorian, Johnston, Pulliam, Magner and l;ayor Lackey (5). Donate "10 / Commissioner Johnston offered motion that the letter of Liss Elizabeth per month V ,:_j Sinnott, President and Mrs. Irene. B. Keller, Salvage Chairman of the "Bundles for w syh America" be received and filed, and the City Manager having recommended that an d appropriation be made to this organization for payment of rent on property formerly occupied by the Paducah Broadcasting Company, I further move that the aum of $10.00 per month be donated for that purpose, the payments to be made during the Winter months of 1942 and 1943, and that the amount so appropriated be charged to the „ Contingent fund. Adopted on call of the Roll, Yens, Commissioners Dorian, Johnston, Pulliam, Wagner and mayor Lackey (5). cemetery Commissioner Pulliam offered motion that the report of Oak Grove Cemetery Report ilov. 1942 for the month of November, 1942 be received. Adopted on call of the Roll, Yeas, Commissioners Dorian, Johnston, Pulliam, "iagner and mayor Lackey (5). it Rater Plor]ta,i / Report Commissioner l:agner offered motion that the Financial Report of the Paducah /� Oct. 1942 Water 'Norks for the month of October 1942, be received and filed. Adopted on call of the.Roll, 'leas, Commissioners Dorian, Johnston, Pulliam, Wagner and mayor Lackey (5). Payroll Commissioner :ingner offered motion that the payroll for the last hald of last -half Nov. 1942 November, 1942 be allowed in the amount of $0902.63, and that the City Treasurer be authorized to pay the same by checks drawn on the General Fund. Adopted on call of the Roll, Yeas, Commissioners Lorinn, Johnston, Pulliam, Wagner and mayor Lackey (5). ii..rscry Mayor Lackey offered motion that the letter of ]Catherine Croach, Chairman .: Enol .°40 G" ,)nth of the Nursery School Committee, be rocoLvod and filed, and upon tiro recommendation P.r r: t of the City manager that the appropriation be made, I further move that the City of i'adurah donate the sum of K40.00 per month for the rental of property at 721 Clay ::trAot while said property is needed .for u3b as a nursery school, the amount of this a prepriation '..o re charged to the Continrent Fund. Adopted on call of the Roll, ?�•as, Cosaismicrcrs Dnrian, Johnston, Pulliam, Wagner and Vuyor Lackey (5). ')fforod the following motion: I novo that an ordinanco oatit'Loa: ; ;-i,' CITY LIANAaER TO RHT5'R INY0 A`ID -XL1C',,TF A CONTRACT F'OH lit 't01: THE 3TANDAIIl '11, COMPANY, FOR A PiRTOD OP NINETY !? t:,, l i•: ;:, AND 11Ri ,CR 1W ZeJ Ti1i3 I CR3:3 UF!)ER ,111;1CH 3AiD r A,loptod on <.al.l of the r .f ...... ,.::1.:.. ,....... ... a.i'"F'75i... ell., Yo us, i uor.ar:, Jr.;!-.nstf.n, i1j171r.r7, �,Q,•r;er and Ltagon Luel:oy (L). -- Lasa y rfore,! roti',n tpai the a;pinlon of Ii. 2orrell, Cerpnrutloni +� Coursel, concerri ,.1.., lagai soffi,1�noy o: cF;a:',9a presev.tu•1 by J. Y. Wilson for _ 1 rarn.a.: fir ri.t; e. .:',ilii, be rgcc:lYu'', file -,i and npread pon Lha r,11, Y<:ua, r,,j 1ss!enur3 Dorian, Johnston, No---UQ-- Proceedings of 50nrd of Commissioners City pfPaducah December 1, 1942._____ November 27th, 1942 Nen. Pierce E. Lackey Mayor, City of Paducah Dear Mmyor Lackey: Pursuant to the motion adopted by your board at its, last meeting, I have made an exhaustive study of the authorities for the purpose of advising the board with respect to its duties when considering the charges preferred against the City LSanager by lar. T. P. Wilson. At the outset I might state that in his own right Lir. Wilson cannot insist upon the dismissal of the City Manager or require a hearing upon these charges. Charges upon which a city manager is removed can only be preferred by the board of connissionors. However, Upon the filing of a complaint by a citizen who feels himself aggrieved, it is incumbent upon the board to either refuse to prefer charges upon the evidence presented or to proceed with the removal of the manager in the manner provided under the statute. In other words, it is my belief that the board should take action one way or the other upon the complaint which has been filed. If the representations contained in ter. Wilson's statement are sufficient, your board may, by the affirmative vote of three members, trimediatoly suspend the city manager from office for cause and remove him from office provided a public hearing is held prior to the date on which his removal shall take effect. On the other hand, if the complaints made by Mr. Wilson are insufficient in law to show that the manager has been guilty of a violation of law or such misconduct as to require his removal from office, your board should refuse to proceed with the prosecution of the charges. After testing the sufficiency of Mr. Wilsonrs representations in the light of the opinions written by our Court of Appeals, I have reached the conclusion that if evidence sub stantiall the aamo as that s wn n fir. 'x son s sta tomes s o e presen to to court for rov ew It would be hold thatthe removal P the manager upon such evidence was srioliy wit out .cause. Briefly stater}, Mr. Wilson's chief complaint is that tenants who rent from the city manager a hotel, apartments and store buildings are known to be ramblers and persons of questionable reputation, that he has failed to dispossess such tenants, and that as city manager and head of the police department he has failed to properly and efficiently enforce the law. It is not claimed that he participates in any violation of law on the premises rented by him, either directly or indirectly. No charge has been made which shows that at any particular time and Place he has failed or refused to cause the arrest of persons guilty of crime or to otherwise enforce the law when he had evidence le^ally sufficient to take action against them. The representations as while are merely evidence of the fact that the complainant is not satisfied with the law enforcement agencies and are too vague and uncertain as to show that the manager has been guilty of any wrong or failed in any duty which the law imposes upon him. In the case of Armstrong vs. Board of Civil Service Conminaioners, City of Newport, 243 Y,y. 415, a police officer wan removed upon the ,:harne that he failed to ^aka an arroat whoh an offense won comnittod in his presence. Eat it was shoam by the evidence that he did not have rensarable •„roun!ls to believe that nn offonno visa being committed. The 'o,st of A.�,>anis held thnt his position should be restorod to him. Thnt charges must be definite and certain and of such character ae '. ontnblishineffir•iency, nisconduct, or violation of law on the part of I uaoc: o"fieer was hold in the case of Brogel vs. city of Newport, In this cane the Chief of Pollee of ilewport that he railed to carry out the r-.,)noral of iubllc Works and the Commissioner' of public sa _• n o was tolr: to "clean up gambling, s::ot nachinea, atm h ter:- '1 kindn.” It was claimed that ho should be remnv," ailuro to comply with thane orders. The Court not ' ,.rhea wero too indefinite and uncertain to to e::"'-`'' •' !�:'-'.:" :: the offle6rrn failure to do as directed by as girt; � i.i:- • '-f ',f ,.^. no'. nr: antorrat. Ho 1s nerr•. . - ._ . tent upon his hIn ordorrn. Ar. ...-a warrant Muss fcr an .. .. .. ._ ... ... �{I'MCe Or WhOn he has u^ o a !'olony hue tW.fn r:-::• - ... .. 'it�ir n� li aeaI'c i1 warm rlths•zt. probaile .: ... ....on. ,r.y con •nni-A!nf: haus«a ineffinienry ca In this ler.trr alt No 041 Proceedings of D3Xd of Commis ionors Clly of Paducah December 1, 1942 ' of charges to support the action for removal of a municipal officer for cause. However, by reason of the fact that I am employed by the City Manager and it may bo believed that such fact might have influ- enced me when reaching this conclusion, I would au;^,goat that the Board submit the question to another attprney who has no connection whatever with the city or with the complainant in this rase. Very truly yours, Adrian H. Terrell Corporation Counsel T. CC - Mr. James P. Smith CC o Miss Mary Dorian Cc - Mr. Stuart Johnston CC - Dr. S. B. Pulliam CC - b'r. Harold Wagner" Dismiss i',ayor Lackey offered motion that- It appearing from the written opinion of Charges ,, Agninst the Corporation Counsel that the statement presented by J. P. Wilson does not not City Mgr. forth any accusation which is legally aufficiont to constitute couso for romoval of City Yanager, I move that the Board of Commissionora refuse to treat as charges the representations contained in Mr. �Iilson's statement or to take any action whatever upon the complaints made or the City b'anager. Adopted on call of the Roll, Yeas, Commissioners Johnston, Pulliam, :+agner and Mayor Lackey (4). Nays, Commissioner Dorian. (1). K.Franklin Commissioner Dorian offered motion that the letter of Lir. J. K. Franklin 30 days Leave of reguesting a leave of absence be received and filed, and that the said J.K.Franklln Absence be granted a leave of absence from his duties as thief of Detectives of the Paducah Service Flag Extcns1or of Paxtor. St. rejected Police Department for a period of thirty (30) days from this date. Adopted p on call of the Roll, Yeas, Commissioners Dorian, Johnston, Pulliam, Wagner and bfa,7or Lackey (5). / Commissioner Dorian offered motion that the City Manager be requested to purchase a service flag and place thereon a star for each officer and employee of the City of Paducah now serving with the United States Army, Navy, or other branch of the armed forces. Adopted on call of the Roll, Yoas, Commissioners Dorian, Johnston, Pulliam, :'7ngnor and Moyer Lackey (5). Mayor Lackey offered motion that the letter of gr. C. G. Houser, Acting City Engineer, relative td the advisability of accepting no a public street the strip of ground referred to In the letter of Horace Garrett be received and Filed, and that the .onrd of Commissioners act upon the recommendation of the Acting City Engineer by rofosing to accept as a public street that strip of ground lying between the F.aao line of Llow Avenuo and the '..est line of the Nashville, Chattanooga and St. Louis Railrond Company right-of-way parallel with and conatituting an extension of Paxton :3troet, :rem Blow .venue to the right-of-way of the Nashville, Chattanoogn and St. Louis RaflrCnd f;rmpnny, said strip to be fifty feet wide. adopted on call of the Roll, leas, ^crzmisa:orrrn :)ortnn, Johnston, PUlllrlm, 'sugner and Payor Lackey (5). Ce rorl-a tvs Snp adjourned. Aiopted '1 , IP 174^ � J AP:'IiJ7iiD _LtS��_Gcs.��.s�a.1• -•,1 f'nyor '"