West Fork Council, Mayor At Odds

Monday, July 15, 2013

WEST FORK — A dispute about the West Fork Police Commission led City Council members to try to restrict the mayor’s ability to communicate with businesses and government agencies.

Mayor Frances Hime leads a city of almost 2,500 residents who now will have access to records of meetings between the police chief and the commission.

At A Glance

How The Votes Fell

The West Fork City Council approved an order to restrict the mayor’s communications. The city attorney said the order was unenforceable. How council members voted:

In Favor

• Charles Rossetti

• Mike Nelson

• Ed Stout

• Shane Donahue

• Bill Sergeant

• Julie Shafer

Against

• Anita Lowry

Absent

• Sarah Setzer

Source: City Of West Fork

The council approved 6-1 an order in June that can be synonymous to a vote of no confidence, Tom Kieklak, the city’s attorney, said Wednesday.

Justin Eichmann, another city attorney, told the council moments before their vote the attempt to restrict the mayor’s duties was not enforceable because of inherent powers granted by state law to the office.

Hime wrote a memo to the council July 9 stating the action showed disregard for state law because the council ignored advice from a city attorney.

“The council, by ignoring the law, has committed what I consider an egregious act against the residents of West Fork and demonstrated a lack of respect for the law. On a positive note, the council has energized me to carry out my duties more fully and to also run for office next year. For that, I am grateful,” Hime wrote in a report for last week’s council meeting.

Alderman Mike Nelson, the city’s former police chief who retired Dec. 31, voted in favor of the order.

“I think it’s typical politics,” Hime said last week. “I’m new and making changes and sometimes there are things that a mayor has to do in the interest of the people.”

Hime has lived in the city more than 20 years and served as a planning commissioner for three years before her election in 2010.

Hime has questioned if Nelson, while police chief, met with the Police Commission. The city had few records of meeting agendas or minutes, Hime said.

“We didn’t keep minutes. It was an informal situation, but I would always meet with them and run things by them,” Nelson said after the council meeting. “They had no authority other than to hear what we’re doing and make recommendations to the chief.”

Nelson served as police chief under Hime’s supervision for about 18 months before he retired.

“She never asked me to present any minutes to her,” Nelson said.

Hime said she sought to find volunteers to re-establish the commission after she determined the group wasn’t active.

Alderman Charlie Rossetti, upset with Hime’s effort to find new commissioners, asked the mayor in June if she tried to reach members and did she advertise for the new positions on the marquee at City Hall. Hime said no.

“The council has asked that any replacements on commissions be advertised,” Rossetti said. “What does the council need to do to make sure these kinds of procedures are done from the mayor’s office?”

Rossetti made a motion ordering Hime must have council approval before making contact with any business agency or government entity. Rossetti, Nelson and four others voted for the order. Alderwoman Anita Lowry voted against.

“That (motion) was illegal because the mayor has duties that she must perform. She is our mayor whether people like it or not. So I felt like that was the right thing to do,” Lowry said about her vote.

Police Chief John Collins said he will work to keep the commission more transparent by producing minutes and agendas for the public and City Council. The three-member commission includes Washington County Sheriff Tim Helder and residents Jerry Jenson and Tony Alvarez.

“One of their duties is to help them with my budget and I know (Helder is) qualified with that,” Collins said. “The other two, I know them well and I believe they’re well thought of in the community.”

City ordinance states the commission assists the police department in overseeing operations and budgeting issues. The commission should report to the council twice a year on the needs, issues and accomplishments of the police department. It should also help the police chief hire new officers and help the mayor hire a new police chief when needed.

Collins said all meetings with the commission will be recorded and available to the public.

“I look forward to working with her and the city council,” Collins said.

Hime and the majority of the City Council last year were at odds about the future of the city’s Water and Sewer Commission. Voters in November approved an initiative to dissolve the Water and Sewer Commission. A missing ordinance in the paperwork for the election led to Kieklak advising the City Council did not have to dissolve that commission.

Hime supported the dissolution. Council members early this year said they ignored the voter-approved initiative because it would seriously delay a project to connect sewage lines to Fayetteville.

Another small city in Washington County has experienced similiar conflict between the mayor and city council.

The Tontitown City Council in 2009 cut Mayor Joe Edgmon’s spending limit from $1,000 to $1 and excluded him from signing checks on city accounts. The conflict between Edgmon and members of the city council led to two lawsuits, one filed by Edgmon and another filed by a council member.

Those lawsuits were dismissed a year later. Edgmon lost his bid for re-election in 2010 to Tommy Granata.