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Council discusses police department
Published 6/11/2009 in Local News : Police
By STEPHANIE FARLEY
HOLCOMB — The Holcomb City Council made a move Wednesday night to keep the police department moving forward temporarily without a chief of police.
Former Holcomb Police Chief Gordon Smith's name came up several times Wednesday as the council discussed programs that were in progress that now are either on hold or not being pursued after Smith's appointment as chief of police wasn't renewed. The council also spoke of an applicant, Earl Anthony Avalon, for the part-time police officer position who Smith interviewed by phone before he was not reappointed to the job.
The council ultimately approved hiring Avalon after City Administrator Robin Peña spoke of an interview she and Councilman Lary Cole, who was absent Wednesday, conducted in person with Avalon last week.
Mayor Jamie Jarnagin declined to renew Smith's appointment May 13 after the council received a 152-signature petition calling for the removal of Smith and following an hour-and-a-half closed session. The decision terminated Smith's employment immediately.
Holcomb City Attorney Bill Heydman said Smith has signed a release of all claims against the city in return for his severance package.
When Smith wasn't reappointed, the council approved paying Smith a one-month salary of $3,303.72, which, Heydman said, was Smith's "severance." Payment was contingent upon "conditions laid out in executive session," Jarnagin had said, and included Smith signing the release of claims against the city.
In an e-mail sent to The Telegram, Smith said, "I'm not sure of what I am going to do at this time. I thought that I would just let it be and hoped that everyone else would too. But it seems that some are not satisfied to leave me alone. So we will have to do something different."
Smith did not elaborate on what action he intends to take.
Chief search
Jarnagin previously stated the city's next step is to publish the police chief vacancy and start the hiring process.
Peña said after the meeting that the city has received seven to eight applications for the position of chief, and she was expecting at least one more.
Peña said applications were coming from the immediate area, including Hugoton, eastern Kansas and Oklahoma. Peña said the city plans to keep the position posted on www.hrepartners.com while the city conducts interviews and goes through background checks for applicants.
On Wednesday night, Peña said she'd like to start scheduling interviews sometime next week. She said she believes there are several applicants "that have potential."
Peña said the city had five people interested in the part-time position, and Cpl. Tony Forsen, who's become the officer in charge of the department during the vacancy, was involved in the background investigation on Avalon.
In a letter to Peña, Forsen states, "Everyone that I spoke with would recommend Earl for the position of part-time police officer. ... I was also told Earl would not give or cause the city any problems, and would do what was asked of him." According to Forsen, Avalon left the Finney County Sheriff's Office in 2008.
Councilwoman Tracy Davis asked Peña if Forsen should've been involved in the interview process.
The only one who would be key to include in the interview process would be the chief of police, "and we don't have a chief of police," Jarnagin replied.
Peña said she and Cole felt Avalon was a strong applicant because he already has his certification and road experience.
Paul Resley also applied for the position. Resley is a former Holcomb part-time police officer who, according to city records, was terminated by the city on Feb. 2.
"But that's not a consideration," Peña said of Resley's application.
Peña said Cole asked around about Avalon, and Davis said she thought someone else's opinion on Avalon would've been good to have, too. Jarnagin said he didn't think they'd get anyone better than Cole, who's been a career Kansas Highway patrolman, to evaluate Avalon.
Comp time
During the council's May 27 meeting, Davis inquired about how much comp time, or time off that's given to employees working extra hours instead of overtime, Forsen and officer James Bowlin were having since Smith left the department.
Comp time is given when the officers work more than 171 hours in a 28-day schedule. Davis' concern was that too much comp time could become a problem for the city to provide to the officers.
The council had agreed to return Wednesday and discuss the matter, ultimately taking the issue of the officers' comp time into closed session, saying it was an issue of nonelected personnel.
The council also went into closed session for attorney-client privilege, with Heydman saying the comp time matter was really an attorney-client matter because the council discussed the way comp time is handled in the personnel manual and the legal ramifications of certain actions, including whether to pay out comp time.
When the council came back to open session, it took no action on the comp time issue.
Peña said the intent of the comp time issue being brought up was whether the city was being put at risk by the amount of comp time officers were accruing.
Ultimately, though, she said, the city has determined the amount of time is manageable and will decrease when Avalon starts work.
While Forsen said comp time had increased for the officers since Smith left, Forsen felt hiring a part-time officer would help.
What do you think the city should do to keep its police department running? Talk about it at SWKTalk.com.
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