HomeMy WebLinkAboutMinutes Book 20, Page 461, September 2, 1941Proceedings of L•oard of Cona•,lsaionoro City of Paducah August 201, 1941 & Sept., 2, 1941 .
ors Baker, Dorian and Mayor.pro term 'Pulliam (3).
On motion meeting adjourned.
ADOPTED —�a� 'h� ,1941 A1'PHOVED:-GCy_ _Gig!—_
MAY I
C'CLERK -
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At a regular meeting of the Board of Commissioners hold in the
iCommissioners Chamber at the City Hall, Paducah, Kentucky, at 7:30 o'clock P.1d, on the
:2nd day of Soptember, 1941, Mayor Lackey presided and upon call of the roll the
following answered to their names: Commissioners Baker, Blackburn, Dorian, Pulliam
and Mayor Lackey (5).
Minutes of the previous meeting were adopted as read.
Payroll -last a Aur?uot Commissioner Baker offered motion that the payroll for the last
half of August, 1941 be allowed in the amount of 010,610.73, and that the City Treasurer
Ibe authorized to pay same by check drawn on the General Fund. Adopted on call of
;the roll: Zoos; Commissioners Baker, Blackburn, Dorian, Pulliam and Mayor Lackey (5).
� a
Fc.pdrts: City Phys & Commissioner Blackburn offered motion that the following reports
:ltreet Denarument for the month of August, 1941 be received: Dr. S. L. Polk, colored city physician;
Dr. J. Bass, white city physician; 1,7. P. Anderson, Street superintendent.
Adopted on call of the roll: Yeas; Commissioners Baker, Blackburn, Dorian, Pulliam and
�
Mayor Larkey (5).
'raffle Li7ht outhorizet Commissioner Pulliam offered the followinr,, motion: Inasmuch as
d at C*h i ':^shin^ton he location at 6th and 'aashtngton Streeta hna boon thoroughly cheeped time and again
the
the business of traffic at that cornor'needs rnliof, I move that the City Manager
e directed to complete the Installation of a traft'Sc lirht at that col -tor.
Adopted on call of the roll: Yeas; Comnissloners nnker, Blackburn, Dorian, Pulliam and
';or Lnn%oy (5).
_ ^,o^assioner Pulliam offered the followinr motion: I move that
of Cor-r-lasioncra adopt as its findings upon the written complaint horotofore
••• by Pr. %In3r Y.. Brown, and by Local x/123 of the International Anaocintion of
.::nah, ire:ntucky, the following conclusions: -
:?rat: 9fst upon the adoption of the Cit;; ::ans,cr form of 1;ovorn-
r"' ann.s is nvUrorizod, upon tl:o written advice of the City
^h U-:miniatretive denartnents an mi,}a be rna:,o::nbl:
e' ,;:,,r:lc ndm:niatratlon of the Imlinaan a:'hit's
.. ... ....ro n•..... , ..:r,.. .. .n:rl5 acan:n
. latraLive departmt+nt
other laws anplicallo to
_ .. ... ....t+nt w:th thn ':`ovlaians of the
...ch continues to ,_overn each aach
ti:n ^Sty thet the
93t111 in _ ?',11 fc•r•ca Uad
r: :as been ck.aned t�7 the
nt aero:' a
4r^
pr
Yroceadlngsof '^^^r' o'' City ofPaducah -,ptenbnr 2, 1941
separate branch of the city government, laving no connection with the adninintrative I
or the lo-islative branches, the Board of Commissioners .1s without power or authority
to in any way investigate or interior with the conduct of that department.
The Police Judge, being an officer of the City elected by the people,
cannot be removed from office through any action which the legislative body might take.
The decision of that court is final in all cases which are tried, and since the State
Legislature has not vested in the legislative body the right to hear and pass judgment
upon charges preferred against the City Judge, this board is without power to consider
any of the complaints which have been made against him.
Second: The City Manager is the Administrative Officer of the City.
His power and authority is limited to the supervision of all employees who may be
appoi•ted or removed by him. Not having any supervision whatever over the judicial
dcpartr..ent, he is not subject to criticism because of any irregularities which might
occur in the trial of cases.
Third. Under Section 3157 of the Kentucky Statutes the Judge of the
Police Court bun authority to appoint a clerk who shall receive such salary as fixed
by the Board of Commissioners not exceeding, $1800 nor less that ?600 per year. on
April 25th, 1938, Judge Rex P. Corneilson addressed to the Payor and Board of Com-
missioners the following letter:
"Gent1cmen:-
I have decided to avail myself of my statutory
right to appoint a cleric for the Paducah Police Court.
I understand that this item of expense should
be not out in the apportionment ordinance for the ensuing
year and that you may be advised of my intention I am
writing this letter to acquaint you with the fact that I
expect to appoint a clerk effective June 1st, 1938.
Yours very truly
Rex P. Cornoilaon
Judge Paducah Police Court"
Pursuant to the provisions of the above statute the num of ",600 per
x wca Included in the annual apportionment ordinance to be paid for the services
a C'_cr% to a,:rve the City Judge. Since the statute autl.orises the appointment of
a clerk, and the City Judge has exercised the right ,riven him under the statute, tibia
s r9 is also :1ti.out power to consider the charge that the Clark has boon paid for a
not e_raz,,_ ithout cath^r admitting or denying that the payment has been
maixi
to hor f-:l.lyr thin Coard dcos not have jurisdiction to hear such chsrLes.
i
.-.urth: Roferring specifically to the charge to the effect that after
a +»r •r.; _enec: fnr ti:� areest cf a tenant in a ba.ildinr owned by Mr. Jaron P. j
wit'r.att a i:•;r.,r:n ;, this board upon inquiry has received
sa •.L .. v•:: •: •; roe .., Jnc.^.n .. ..with noi; a•v:arr; of the incWont; that
ua ,.,_ . _or "_..^ a^rest r.: r. r1'rl aF:o had irosumably at.olen a J
et .in prr:aecur.Sn? witnasal room, Lite coat ..nd othor
;.q. ^as .,'_r: '.::'.r.. .. 'l;e ^ity Judre
to the rhergo to Cita ef:act that L',r. Jamen {
«ith is Sr... ,It _ .. _,. y n o, ci':n fact his non
on
:i=^iar :Ulth h:as ue!cmc L:..
:s Loard is ad'.la-
^1LiCs a rinttr c:
^hsaer c' . roper t7 s*V st
- go-,_ on ry
... - it the ...17 his OCT; r, -.. .. _ r;, .:.. ...• .i...i a',le:: or
F
0
No. 463
Proceedingaof Board of Commis::ionera City of Paducah Cep t., ^, 1941
(real estate made by the city have been held publicly, the property being struck oft' to
,the person o:foring to pay the highest price, and the mere fact that Richard ':.math,
Itho son of Janes P. Smith, vine the successful bidder is insufficient to justify the
ynearing of charges on this account.
Sixth: Although the Attorney General has rendered an opinion
,to the effect that the citta is entitled to collect finea in those cases appealed to
!the Circuit Court, the question as to the city's right to do so has not boon definitely
lsettled b;: the Court and the Corporation Counsel is directed to make an investi,-ation
and report to the board whether it would be advisable to Institute suit for the col-
Iloction of such finer.
I Seventh: That the ordinnnce enacted many years ago fixing; the
mininum fine of K5.00 for violation of the speed law should be amended in accordnnce
99Nlwith the provisions of Section 158 of the Constitution which states "No municipal
ordinance shall fix a penalty for violation thereof at less than that imposed by the
ut�statute for the same offense". The minimum fine imposed under the Statute for
;IspeedinE is $10.00.
j Eighth: It also appearing that the statute governing cities of
the second class operated under the City Manager Form of Government do not require
the Assistant Corporation Counsel to execute a bond, and since such employee does not
rihandle funds belonging to the city, the Corporation Counsel shall prepare an ordinance
ryto be intriduced at the next regular meeting ropealinrr the ordinance under which the
Assistant Corporation Counsel is now required to make such bond.
Ninth: Under the provisions of Section 3235dd-32 of the Kentucky
Statutes, the Board of Commis-ioners has no power with respect to the duties performed
by the employees appointed by the City Manager. Neither have they the night to sur.;est
the employment or dismissal of an employee. The power to remove any employee in
vested in the City Clan ger, and no action could be taken by this board by ronnon of the
Ifact that the City Manager has neon fit to remove an employee from the services of the
City. 'No ex.,lunation is required and none is asked if in the jud•,-moat of the City
Yx,nsger the :orvicos of such employee worn not satisfactory.
Tonth: The statute onacted by the Lo;ijlature nt its 1941
mea:ion provi,..os tent the City llsnegor may not be r^.rnoved without cause oxcopt by veto
of 4 a-' the 5 m^r.Lora of the Loard of Commiaaionera, and he may only be removed for
cnnne Ly a rajority vote of members of the Board of Conmlaciorora. This boar,l does not
find ar.y of t ,, c _.r es sufficient to justify the prceontatl•?n of any evidonce. l:o
I n`: 1 '.e•: its a^n f llnd ar.^ thQre in no evidence before this Board showi.n+, any inef;'icicrel ,
risconduct or .Sa ntlon of law upon which a henrinr, may b in d. 0n the contrary tho
the records its hearty rp,rovnl o. the officlont, I
rr
Fl.,, In .J...-.:.ic ,apt o' Li:,_ nityrs a:?rein Ls tra tive nft'n.irs by the City
llanarfiv, r :,e.h, acr? will- aunto further that lie has not failed In the
performance of irx,d of 1.1rt UrcaU3e of (,ny irra;)i r•ril..lea in t1:o jac?icLal
b . ; .... ! ta.nr h^ rva• !.hie L(Airrd have any control.
:n tr,nt. ..r.. .ard of Co.a iasis',^rs adopt the je,licy
eapluyee of the City lulL:as It
i
.•.._ ...,....Ion to hear surz. ... _ n;.• n;•:: u: t'..^.ro is 1Ylod ;, _,,.. t?;n ciu; r,ws r•G
cone, ri:% u... .. .:1;.!• In.,themne'.Vofl to si.ow
tarpil.rdo or s"me reacnn
fc. :eirt c:....
aper
:'t with -hn ma iA
which ttre over''.-:.. _n 7. 7 romrAaaloners
Be*r, .:ecktum, Pullis-. _ . ( _i R,rian t13.
No -0 ; d
Proceedings of Board of Commiaslonors City of Paducah September P 1941
Faducah Y I3ayor Lackey offered notion that the financial report of the Paducah
Nater 'iorL-a
:r.1 -Y rerart :rater ':er'rs for the month of July, 1941 be received and filed. Adopted on call of the
�ro11: "car,; Con-iisstonera Baker, Blackburn, Dorian, Pulliam and I•'ayor Lackny (5).
JMayor Lackey offered motion that the Board of Commissioners receive and
Fire & Police;
p titian for :file a petition purporting to contain the oignaturea of voters equal to at least 251
-slnry in-
•crcaac of the total number of votes cast for both dandidates for tdayor at the last proceeding
regular election for I•Iayor in the City of Paducah, K--ntucky, together with the
residences of each signer and verified by affidavits of one or more persona as to the
signatures and residences of such aigners, and in which petition the Board of Commis-
sioners is requested to adopt an ordinance entitled:
"API ORDINANCE ESTABLISPIING THE HUMBER, AILD
MINIMUM MONTdLY COidPENSATION OR -NAGE, OF
a CITY EMPLOYEES OF THE POLICE AND FIRE
DEPARTMENTS, RESPECTIVELY, OF THE CITY OF
PADUCAH, KEIITUCK".
I further move that the City Clerk investigate the petition which has
been filed and report to this Board in writing whether or not it contains the requisite
number of signers for the placing on the ballot at the next regular election the
oucstion as to whether or not the aforesaid ordinance shell be adopted, and that final
action upon said petition be suspended until the next regular meeting of the Board of
,Commissioners. Adopted on call of the roll: Yeas; Commissioners Baker, Blackburn,
'Dorian, Pulliam and Payor Lackey (5).
'ro-ice & Firo-!i Commissioner Dorian offered motion that the letter of the Police and
tcctive As n.tlFirenen's Protective Association requenting permission to book the steamer, Inland
permic^ion
totook stean4Cueen, for an excursion on September 23rd be received and filed, and that the Board of
er ?a?and II!�
"uecn iComrisnioners brant to the Felice and Firemen's Protective Association whatever
i,permission the city is authorized to give for the booking of an excursion ateamer.
gAdopted on call of the roll: Yeas; Commissioners Baker, Blackburn, Dorian, Pulliam and
tMayor laekey (5).
On motion meeting adjourned. )
—,1941 ANROVBD:
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