HomeMy WebLinkAbout11-09-2011 Regular Meeting\
STATE OF ALABAMA
COUNTY OF BALDWIN
Personnel Board met at 1 :30 p.m .,
City Hall, Conference Room,
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161 orth Section Street, Fairhope , Alabama 36532 , on
Wednesday, 9 November 20 11.
Present were:
Lorenzo Howard, Chairman
Members: Diane Thomas , Beeman Bond, and Wayne Griffin, Pandora Heathcoe (HR
Administrator), and Lisa Hanks (City C lerk). Others in attendance: Mayor Kant, Paul
Myrick, Gregg Mims , Chief Press , Assistant Chief Sanders, Mike Odom , and James
Watkins .
Absent:
Lonnie Mixon , City Counci l Liai so n , and Jud y Hale
The meeting was called to order at 1 :30 p.m.
Beeman Bond announced he was resigning as the Chairman of the Committee and
moved to nominate Lorenzo Howard as the new Chairman. Seconded by Diane Thomas ,
motion passed unanimously by voice vote.
Lorenzo Howard mentioned we were here to discuss the proc edure to use in our
disciplinary hearings. Paul Myrick briefl y went over the process for the pre-disciplinary
hearing and then the post-d isciplinary hearin gs . The Personnel Board will listen to post-
disciplinary hearings . Mr. Myrick stated we are not here to discuss any propo sed
disciplines. Gregg Mims agreed and said the procedural process is to be discussed.
Chief Press explained the Review Officer appointment history and now Judge Snedeker
is the bepartment Rev iew Officer. However due to the Code of Alabama, Judge
Snedeker cannot be the Review Officer because he is part of the Judicial Branch and the
right to propose disciplin e is part of the Executive Branch of Government.
Mr. Myrick stated that law enforcement have the right of due process with an impartial
hearing officer which cou ld be a person or body who would listen to the ap peal for the
notice of proposed discipline. Police Officers are given 10 days to appeal whereas all
other employees are given one day to appeal the proposed discipline of either termination
or suspension .
Chief Press mentioned using Chief Deputy James Barber from the City of Mobile Police
Department as the Departrnent Review Officer. He wou ld be impartial to the department.
Mayor Kant suggested proposed di sc iplin e and then goes directly to the Personnel Board.
Mr. Myrick stated there is a full due proces s at the pre-disciplinary hearing and the City
could just get rid of the 2nd appeal by amending PGO 3.40. He said it does not say who
shall appoint, but in his opinion it shou ld be concurrent authority.
Personnel Board
Wednesday, 9 November 20 11
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Mayor Kant suggested that he and Chief Press come up with a proposal for the City
Council. Mr. Myrick replied this needs to be approved and then appoint the Department
Review Officer.
Mayor Kant asked Paul Myrick to assist the Personnel Board w ith the hearings. Mr.
Myrick said that these bearings are not strict like co urt rules . There is not a lways legal
representation for all involved.
Diane Thomas requested infom1ation ahead of time . Lorenzo Howard said that some
degree of structure needed to be decided. Beeman Bond commented he disagreed with
getting information ahead of time and said we should go in with a clean mind with no
pre-thoughts and prejudices .
Mr. Myrick suggested a booklet of documentation of progressive discipline and any
complaints . Several suggestions were given for procedures to follow at the hearing.
Thursday, November 17, 20 11 at 9:00 a.m . will be the date of our first hearing . This wi ll
be held in the Delchamps Room; witnesses may or may not be allowed to remain in the
room.
Lorenzo Howard stated that this was the procedure for the hearings based on a ll of
today's discussions :
• Pre-meeting comments
• State why we are here
• City gives opening statement
• Accused gives opening statement
• Questions of both parties
• Final Comments
• Board Deliberates and then gives Final Recommendation (if available at this time)
Wayne Griffin moved to adjourn the meeting. Seconded b y Diane Thomas , motion
passed unanimously by voice vote.
There being no further business to come before the Personnel Board , the meeting was
duly adjourned at 2:45 p .m.