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Gosnell council should follow state statute
To the editor:
I have read with interest the recent chain of events concerning the firing and re-instating of the Gosnell Police Chief. This chain of events would never have happened if Arkansas State statutes had not been violated. This violation occurred when Mr. Bobby Trump was a Gosnell city alderman. During a scheduled monthly meeting a new position was created for a commissioner of fire and police. Alderman Trump submitted his resignation during this meeting and was immediately hired to fill this newly created position. This annual salary for this newly created position was set at more than any other city employee was receiving and they had been dedicated to the city for years.
Arkansas State Statute 14-42-107. Interest in office or contrast etc., by council members prohibited.
(a)(1) No alderman or member of any council of a municipal corporation shall, during the term for which he shall have been elected or one (1) year thereafter, be appointed to any municipal office which was created or the emoluments of which shall have been increased during the time for which he shall have been elected.
If this position was really needed, it should have been advertised since Gosnell should be an equal opportunity employer.
Arkansas State Statute 14-42-110 gives the mayor the authority to appoint and remove department heads. This statute also gives the city council the authority to override the mayor's action with a two-thirds majority vote of the total membership.
Since this appointment was illegal, I feel any action or agreement the council rendered when they overrode the mayor's action at the last scheduled council meeting should be null and void.
I had also noted the city council was having difficulty with the upcoming budget. It must be noted all elected officials receive annual membership to the Airvac Emergency Medical Service paid for by the city. The council minutes dated May 8, 2007, contains a motion as follows,
"Alderman Byrd made a motion the city participate in the Airvac Emergency Medical Service. This would provide city employees, policemen and firemen with emergency service. An additional fee of $5 to be paid by the city employee for each individual that resides under their roof. Seconded by Alderman Charles. Motion carried by unanimous verbal vote."
Nowhere does it authorize the city to pay for the elected officials membership. Again this is in the violation of an Arkansas State statute. The city council should pay closer attention to the "Handbook for Arkansas Municipal Officials." The mayor's health insurance was also questioned for a part-time mayor. I was part of the opinion the Municipal League's health insurance was for city employees. If it is also for mayors, I don't think it would distinguish between part-time and full-time. The only real difference between a part-time mayor and full-time mayor is the pay. The required duties and responsibilities are still the same. The pressure is there 24 hours a day.