Natchez aldermen to seek AG opinion on fire chief’s suspension

Published 12:02 am Wednesday, November 23, 2016

 

NATCHEZ — In light of the mayor’s recent suspension of the city’s fire chief, the Natchez aldermen voted unanimously Tuesday to seek a state attorney general’s opinion on whether the mayor had the authority to make the suspension.

Natchez Mayor Darryl Grennell suspended Natchez Fire Chief Aaron Wesley with pay Nov. 1 for an unspecified violation of city policy. Grennell has yet to disclose the reason for the suspension.

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At its Nov. 10 meeting, the Natchez Board of Aldermen voted to reinstate Wesley, with Ward 3 Alderwoman Sarah Smith making an amendment made to the motion to reinstate by Ward 1 Alderwoman Joyce Arceneaux-Mathis. The amendment, which passed with Grennell breaking a 3-3 tie, was to ask the Civil Service Commission to investigate Wesley’s suspension and report back to the board.

At Tuesday’s meeting, Ward 6 Alderman Dan Dillard made a motion to seek an attorney general’s opinion on whether the mayor had the authority to suspend the fire chief without the consent of the board of aldermen.

Dillard said he attended the most recent Civil Service Commission meeting and was given a report by the commission.

The report essentially states, Dillard said, that the Civil Service Commission acts as an appeals body for police or fire personnel who have been suspended, terminated or demoted.

Since aldermen reinstated Wesley at its last meeting, Dillard said, that meant the Civil Service Commission had no authority to conduct an investigation into Wesley’s suspension since it was then nonexistent.

Dillard then said he wanted further clarification on whether it was within the mayor’s power to suspend a civil service employee without the consent of the board of aldermen.

Ward 2 Alderman Billie Joe Frazier, a retired police officer, said he thinks the mayor does have the authority to suspend a civil service employee.

Grennell said based on the counsel of the city attorney, the mayor has the authority to suspend an employee with pay without the consent of the board. He added, however, he does not have the authority to suspend an employee without pay.

Arceneaux-Mathis offered an amendment to Dillard’s motion to also seek an opinion on whether the board of aldermen could request the Civil Service Commission conduct an investigation of a civil service employee. She later told Smith that she did not think Smith’s previous amendment to her motion at the aldermen’s last meeting to request the commission’s investigation was appropriate.

Smith said the reason she requested the Civil Service Commission conduct an investigation was because the commission would be an objective, third-party entity, thereby ensuring the investigation would be conducted fairly.

Frazier reiterated that he did not think an attorney general’s opinion was necessary because the Civil Service Commission has existing procedures and laws by which it is governed. He suggested a better course of action would be to ask the city attorney to research the matter and report back to the board. He said the city should be careful when asking for AG opinions on such matters.

“We need to be careful about (this),” he said. “In 32 years at the police department, I was suspended a whole bunch of times … and you better know what you’re doing.”

Grennell said City Attorney Bob Latham and the Civil Service Commission had a difference of opinion about whether the city could ask the commission to investigate an employee.

Grennell said Latham already intended to contact the AG’s office in regards to the matter prior to Dillard’s request to do so. Latham was out of town for Tuesday’s meeting. Former city attorney Hyde Carby filled in for him.

Smith asked that the motion be amended to include whether the mayor, not just the board, could request a Civil Service Commission investigation. The board, however, passed the existing motion, and Smith later made a new motion, which passed, that was essentially the same as the amendment.

The city’s request for an attorney general’s opinion will include questions of whether the mayor has the authority to suspend the fire chief without the consent of the board of aldermen and whether the mayor or board of aldermen can request the Civil Service Commission conduct an investigation of a civil service employee.

In other news from the meeting:

4Ward 3 Alderwoman Sarah Smith informed the board that Waste Pro USA had raised rates on business trash pickup.

At the board’s last meeting, the city authorized Waste Pro to independently bill its business customers instead of going through Natchez Water Works. Smith said that is an option Waste Pro has in its contract with the city.

The city did not know at the time, Smith said, that Waste Pro planned to raise its rates.

Smith expressed frustration at the situation and reminded business owners that they have the option accept the Waste Pro contract or seek a contract from another waste collection company.

Smith also said that some businesses that had been paying residential rates because they were listed as residential accounts in Water Works’ system would now have to pay the increased rates.