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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 ak ON