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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). r*------ "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 yF• 4 '•'� "� .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 Y 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 yF• 4 '•'� "� .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. 11 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 n CIN CUM { z Y f J d APPROVED :'AYOR - ._