COMMENTARY:Why Not Let Mayor Pick Chiefs?

ONE WAY OR ANOTHER, POLITICS WILL PLAY INTO APPOINTMENT DECISIONS

When you went to vote for the mayor of Springdale almost four years ago, you probably didn’t do a quick run- through of the Arkansas Constitution or codes.

However, I don’t think I would be jumping to any conclusions to safely say that when you voted, you did so with the understanding that the mayor’s position would be one of a supervisory role for the city. You took time and consideration before casting your vote for the individual whom you thought was most capable of managing Springdale.

Having said that, I’m going to make an educated guess that the majority of us, at that time, didn’t realize the mayor doesn’t have the authority to hire or terminate a police or fire chief. That authority (ordinance No. 2453) was repealed in 1997. I have no idea why.

When I ask around as to why, I heard one answer: politics. This isn’t a surprising theory or opinion. Once repealed, Ordinance No. 2775 was enacted stating our civil service commission be granted authority to appoint and remove the police and fire chiefs. Does anyone see the exit door for politics under this ordinance as it stands? I don’t.

Under Arkansas Code Annotated section 14-52-101, “The city council shall have power to establish a city police department, to organize it under the general superintendence of the mayor.”

Look even further at this rule and you will see it stated, “In cities of the first class, the duty of the chief of police and other officers of the police department shall be under the direction of the mayor.” And to further drive the point home, state law says “the mayor of the city shall be its chief executive officer.”

When the residents of Springdale elect a mayor, the city should respect the voter and his, or her, vote to place full authority powers under the mayor. In a democratic society, you cannot completely safeguard against politics. A civil service commission represented by the most educated, thoughtful and honest individuals will not be immune to the entire spectrum of politics. The appointments alone are born from politics. The civil service commission selections are made by elected officials, the City Council. Politics, by definition: the practice or profession of conducting political affairs.

This is how I see it. You and I went to the polls, educated, to elect a mayor to be the CEO (supervisor, manager, director) for the city of Springdale. Placing our vote, the majority of us believed the future mayor would have all authority to supervise the people in civil service positions. As it stands, the current ordinance states our vote should not be trusted to put the right person in this supervisory role. Instead, we should be voting to elect a City Council that will select individuals to serve on a civil service commission that will determine who serves as police or fire chief. That’s much more straightforward and nonpolitical, right? I don’t think so.

The proposed amendment to the ordinance would still have appeals made by a terminated police or fire chief brought before the civil service commission. And if the answer by the commission is still not satisfactory to the terminated official, under state law, they can still appeal to the court system.

While politics may not completely exit from this scenario, it can eventually end before our judicial system, if necessary. The difference between the standing ordinance and the proposed amended one is that the original authority be granted to the individual we elected to run our city and those who serve it.

In 1997 Springdale became the only city in Arkansas to not have a mayor granted full authority under state law as superintendent of the city, elected by you and me. In 2012, it should be amended. Let your City Council member from your ward know how you feel. Actually, you can let all City Council members know because they are elected citywide. Don’t get me started on that again.

HEATHER ORRICK NICHOLS IS A SPRINGDALE NATIVE, A WIFE AND THE MOTHER OF THREE CHILDREN.

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