Isn’t This What We Voted Down?
By Pauline Masson
Citizens voiced surprise and dismay when aldermen gave preliminary approval of an ordinance Oct. 18 that states that the police chief and collector – both elected by the people – are city employees and gives the city administrator authority over their performance.
Citizens who watched the meeting on Facebook said the ordinance was in conflict with the wishes of the voters. Prop C, which called for the Pacific city marshal to be appointed by the mayor with the approval of the board of aldermen, was soundly defeated in a 519 to 187 vote in the April 7, 2020 election.
Collector Debbie Kelley asked aldermen to postpone action on the measure and send the proposed ordinance to committee for further discussion.
Kelley told aldermen she sees herself as being responsible to the people who elected her and should not be subject to city administrator Steve Roth but her request was ignored with no comments. And aldermen completed the first reading, or preliminary approval, of the ordinance.
Roth said the ordinance was prepared after Chief Melies requested staff review of the issue. Melies was present at the meeting but did not comment.
The proposed ordinance says the personnel manual must be amended to make clear the employment status of elected city marshal and city collector positions.
“The person elected city marshal and collector shall be considered a full time employee of the city and shall be subject to the same rules and regulations as other city employees,” the ordinance reads.
The ordinance says violation of city work rules, policies and procedures by the marshal or collector shall be subject to the disciplinary action as set forth in the Personnel Manual.
The Personnel Manual authorizes the city administrator to issue warnings and written reprimands to employees violating the rules of the Personnel Manual, City Code or Police Manual. The city administrator can cite employees (the chief and collector) with a written claim in their personnel file for any perceived infraction. If the city administrator files three citations against either elected official/employee he can ask the board of aldermen to remove them.
City attorney Bob Jones said the intention of the ordinance was to spell out the benefits the chief and collector receive. He said the benefits for the two positions are not spelled out in a contract or in the personnel manual.
The ordinance gives both positions four weeks vacation the first year of their employment, five days of personal leave and five days of sick leave in their first year in office.
The vacation during the first year in office provision rankled some city employees who watched the meeting on Facebook and asked not to be identified for fear of reprisal. The said other city employees do not get vacation in the first year of employment and no department heads were included in the decision to give the chief four weeks vacation his first year in office.
Before it becomes law the ordinance will have to be read a second time. The next board of aldermen meeting is Tuesday, Nov. 2.
Here we go again. When what the people desire is against what the “ powers that be” desire simply pass an ordinance bringing them into compliance. It’s called “ fascism, communism, It is about time that elected officials remain loyal to their oath of office when they were sworn into their “ Elected Positions”. Seek legal counsel. File suit against the City. Seek what is known as a Declaratory Judgment in the Circuit Court of Franklin County to have a Judge declare if this action is legal which it apparently is not. Only the legislature may authorize a 4th class City such as Pacific to adopt laws more stringent than the legislature adopted when it created the Offices of City Marshal/Collector. When I lived in Pacific back in early 1972 noted criminal defense attorney Charles Shaw filed this Petition against the City of Pacific on two separate occasions and won both times. Once in the Circuit Court of St. Louis County when the Municipal Judge who was not a licensed attorney filed for re-election and the City said his name could not be on the ballot because the statute did state: Only a licensed attorney may be elected Judge in a first class County. Remember part of Pacific lies in St. Louis County a first class County and part of Pacific lies in Franklin County which at that time was a second class County. Judge Frank Campbell St. Louis Circuit Court Judge ruled and declared that the seat of government for the City of Pacific is Union Missouri, Franklin County and therefore the candidate filed in the City of Pacific located in the County of Franklin and therefore need not be a licensed attorney. The second time was when the Board of Alderman acting as a “ Board of Impeachment” voted to remove the Elected City Marshal from office namely Pete Albertson because he hired an outside investigator to assist him to identify a suspect in the arson of a political candidate, namely a black man had his house burned down as some believed because he would be the first black ever elected to any office in the City of Pacific. Jude Byron Kinder Circuit Judge sitting in Cole County ruled and declared the Board of Alderman exceeded their authority, had not established the basis to bring charges of impeachment against the City Marshal, and failed to establish by Law and the Evidence a verdict sufficient to sustain a guilty vote to remove him from office. As a result he Ordered Marshal Pete Albertson reinstated as well as his back pay. I attended both hearings for both of these candidates which I supported then and I support these two candidates now even though I now reside in another City and State. We either learn from the past or are destined to repeat the same mistakes again.
I can not understand why any resident of Pacific would be so feeble minded as to even think for even one brief moment that The Board of Alderman would give one iota about the desires, much less the needs of the voters. They have let this dictator/ administrator even bully their own decisions. We could vote 3 or 4 out at a time, but who in their right mind could be convinced to run against them, knowing they would have to work with the remaining three.
We have always had a few questionable Board members over the years, but this appears to be the first time all seven have been gutless buffoon yes men. It is no wonder they feel the need to sit behind a bullet proof, armored diaz.
An interesting 🧐 point of view indeed. This council reminds me of Hitlers Third Reich. They are so lock step with passing illegal ordinances their eyes remain pointed to the ground lest they see light led by this tyrant City Attorney who loves to act as De-facto Mayor, City Administrator and whatever else he chooses to be on a particular day. As Rome fell from power so will this evil 🦹♀️ empire.
I think you misspelled a word. did you mean to write “City Clowntorney”?
Another reason they are hiding on Facebook, in stead having open public meetings,
They know the people’s are not watching, and just like any other crook their taking advantage of it.
They have been having open ,public meetings , but since the vote on The Manors at Sewer Creek vote no one has been attending because the in person stench is so overwhelming no can get any closer than the parking lot.