October 22, 2015 - Although long drawn out, and often seemingly confused, Timpson City Council approved all three items on the agenda relating to Timpson Police Department officers during their Tuesday, October 20, 2015 meeting. The council also chose to no longer engage the services of Frank Campos as the Financial Auditor for the city following around 15 years of service to the city, despite the city attorney's advice via Mayor Debra Pate Smith this would be inadvisable at this time.
Previous to the decision of the majority of the council, Mayor Smith advised her recommendation to seek the services of Campos as the audit has to be completed by March 29, 2016 otherwise the city will have difficulty proceeding with grants, closing out grants and applying for grants.
Ronnie Wolfe, councilman, asked Campos if he had reviewed the city's financial books recently, to which Campos replied he had recently and Wolfe inquired if there was anything to be concerned over.
"I did notice that the revenue for the court, or the police was down by $100,000 and the expenses when I added up the expenses they had about, with the salary and what they pay to the state, was around $480,000. So there was a... it was costing the city about $220,000," said Campos.
Mayor Smith disagreed and supplied the report which Campos was referencing, and she stated the figure is actually $164,701, which Campos stated was a lot for the size of the city of Timpson. Wolfe asked of Campos, "In your opinion, can we afford a five-man police department, or a four-man police department?"
"The citizens here have to, you know the council has to decide do they need that protection. I'm not a citizen here, I don't know what the crime here is, you know financially $164,000 each year long-term that's not going to be good for the city," said Campos.
Wolfe asked how long it would take the city to "go broke" doing that to which Campos responded, "I wouldn't say that you're going to go broke, I'd have to look and see. The revenue I think was down $100,000, but yet I think you had extra cops. I mean I think, I mean I know you can't tell the police to write more tickets."
Yvonne Ramsey, councilwoman, made a motion to keep Campos as the Financial Auditing service for the City of Timpson, which was seconded by Kyle Allen,, councilman. The motion however; was met by votes against from the three other members of the council, Janell Baker, George Grace, and Wolfe.
Approved items on the agenda:
1. Consent Agenda Items
A. Consider approval of the minutes of the regular meeting held on September 15, 2015
B. Consider approval of Financial Statement for the month of September, 2015
C. Consider approval of Accounts Payable – Unpaid bills for September, 2015
D. Consider approval of the EDC minutes of the meeting held on October 13, 2015, including the EDC Street Improvements and the hiring of Good-Lasiter to prepare estimates for those projects.
E. Consider approval of city employee pay rates for 2015-16.
F. Consider approval of allowing the Gazebo Area to be used for a wedding on Dec 19.
2. Set “Call Out” Pay for the Police Department effective immediately at $100 per weekend for the officer, plus $25 on holidays for Easter Sunday, Christmas Eve and Christmas Day if those holidays fall on call-out days.
3. Allow the on-call officers to take the patrol vehicle home on Saturday and Sunday.
4. Pay the officers straight time instead of time-and-a-half.
5. Council to allow the patrol officers to take their 100% vacation pay in lieu of time off.
6. Advertise for bids for the financial audit of a Governmental agency with Grants totaling less than $500,000 *Requires a Single Audit compliant with Federal OMB A-133.
7. Raise in pay for Matthew Owens from $13.50 to $14.50 per hour or the pay period beginning Monday October 26, 2015since he has received his Class D Water Treatment Operator License.
Mayor Smith stated she felt this is a very unwise decision by the council, she shared she has spoken with Cary Bovey, City Attorney, about the possibility of the city seeking another auditor and there is not enough time to seek proposals from other auditors, hire a new auditor and have them audit the books from the entire previous year to meet the March 29, 2016 deadline.
The council considered the call-out pay rate for officers working on-call during the weekends. A motion was made by Ramsey to set “Call Out” Pay for the Police Department effective immediately at $100 per weekend for the officer, plus $25 on holidays for Easter Sunday, Christmas Eve and Christmas Day if those holidays fall on call-out days.
Wolfe inquired if the council has to provide call-out pay. Mayor Smith stated it would be against the law to call the officers in without compensation. Call-out pay would have to be established or the officers would have to be paid hourly. Baker wanted clarification on how the officer would be paid. Mayor Smith explained how call-out pay would mirror that of the Public Works Department, they would be paid a minimum of two hours and they have to be paid their hourly rate. If they were in overtime mode, then they would have to be paid overtime for those two hours.
Wolfe asked what the $100 represents and Mayor Smith stated since the officers off-time is being restricted while they are on-call the Department of Labor requires they receive payment.
When the motion was put to a vote, it carried with Ramsey, Allen and Grace in favor, Wolfe and Baker against.
With on-call police officers another item for the council to consider was amending the handbook to allow the officer to take a patrol vehicle home with them. Wolfe wanted to know why the officer can't respond to a call just as they do when they show up to work. Mayor Smith explained the difference is they are not responding to an emergency when they show up for work. Grace stated the council voted for the patrol cars to remain in the city limits and he is still "for it 100%" for the cars to remain in the city.
"Then they can't do on-call, because it's illegal to respond to an emergency in your private vehicle. You don't have lights, you don't have sirens. I mean their insurance is not going to cover their car, their personal insurance is not going to cover their car driving 75 miles an hour, they can't hold a siren out the window and fly up here to a bank robbery, or anything else," said Smith.
Chief Kent Graham shared with the council the current status of the police officers schedule and how it is necessary for the officers to be able to respond to an emergency with a patrol vehicle.
"The only people that are going to be on-call routinely will be on the weekends, okay. There may come a time where somebody's out sick, or somebody has to be on-call during the week, but right now we have 24-hour a day coverage Monday through Friday," said Chief Graham. "The only time anybody will be on-call is Saturday and Sunday. Now if you don't approve them to take the vehicle home, and they have to come in, in their personal vehicle, they're going to have come up here and get a vehicle. Chances are they're driving by the crime or the person that needs help alright. That's not an authorized emergency vehicle, you can't expect them to violate traffic laws in an emergency situation."
Police Department report for September
30 agency assists, 14 motorist assists, 5 escorts, 7 extra patrol requests, 1 calls for lose livestock, 2 calls for animal complaints, served 1 warrants, 3 theft cases, 3 criminal mischief, 1 criminal trespass, 12 disturbances, 3 suspicious person, 1 suspicious vehicle, 2 reckless drivers, 14 investigations, 3 welfare checks, 2 burglary of a habitation, 1 assault family violence, 2 DWI, 1 crash investigation, 1 intoxication assault, 1 unlawful possession of a firearm by felon.
Total calls for service - 110
Total Arrests - 7
Chief Graham and Mayor Smith agreed that making an officer respond in a personal vehicle to then get into a patrol vehicle was adding time and liability on the city to an emergency situation. Wolfe wanted to know statistically when in a weeks time is the highest crime rate, to which Mayor Smith referenced a shooting that just occurred this past Monday in the middle of the day.
"Statistically speaking what is it? It's the weekend, you have more crime on weekends than you do any other time statistically," said Wolfe
Grace suggested there hasn't been any police coverage Friday through Sunday for the past 2-3 months; however, Chief Graham and Mayor Smith indicated there is 24-hour coverage through Friday until Saturday mornings. The weekends have not been under patrol by the Timpson Police Department since the last meeting of the council tabled the weekend coverage agenda items.
Wolfe inquired why the council stopped the officers from taking the vehicles home in the first place and Mayor Smith stated when the department went to five officers it was included in the handbook the cars would be garaged in the city. This was not a problem, because a 24-hour rotation was then established and there was no reason for an officer to take a vehicle home with them.
Grace inquired as to why the officers were on a 12-hour shift and Baker stated she guessed they just wanted it that way.
"Four times eight is 36," stated Grace to which Mayor Smith promptly corrected him that it is 32, and has been for some time.
Public Works report for July
43 total work orders received with 42 of them being resolved. 10 were resolved from the past. Repaired a clarifier on September 22 for the third time now in hopes it is the last time. Installed a transformer at the new feed store location.
Chief Graham explained why the officers are on 12-hour shifts, "People have to be off, George. They have to have time off, okay. People are not on duty 24 hours a day, seven days a week, 365 days a year. "People that work at regular jobs have days off, they have regular days off. It's the same in law enforcement, we get days off too."
Grace asked Graham why each officer has to put in 12 hours a day instead of eight.
"Because, we have three officers and there's 24 hours in a day. How can you give somebody a day off if to cover it if you're working three people eight hours a day," said Councilman Allen.
There were further concerns of Wolfe and Baker that on-call officers might not use the vehicle strictly to respond to an emergency in Timpson, but maybe to an incident outside of the city during their on-call time.
"Are they going to be using that car in any capacity other than coming back to Timpson in it if they get a call, or are they just going to sit at their house?" said Wolfe.
Mayor Smith relayed to the council, the handbook states the officers can't use the vehicle for personal use or anything of that nature.
"I know, but responding to something else in the county during that time that they have that car at home," said Wolfe.
Municipal Court report for September
47 citations issued, 56 violations, 0 to juveniles and 2 to minors. Total amount reported $14,316.99 the City’s portion a 55% estimate of $7,874.34.
The Woodlawn Cemetery mapping is complete. There is a severe burn ban in effect currently.
To clarify Mayor Smith asked, "so, are you wanting to say that if they're asked to aid another agency, you want them to just tell them, no?"
Wolfe replied he didn't say that at all. Mayor Smith said an agency assist is what he is referring to and asked if he is wanting the officers to deny help to any agency requesting assistance.
"I always thought we needed to limit what kind of assist they respond to. Like loose livestock, we've got no business responding to that outside of the city limits," said Wolfe "That's just an example off the top of my head, maybe we do too much of that, maybe that's what the fear is here about letting them carry a car home."
During conversation over whether the officers should respond to livestock calls, it was observed Grace was writing something and sharing it with Wolfe whom he was sitting beside.
"What are you writing? You're not supposed to write stuff in private messages in the meetings," said Mayor Smith.
Wolfe responded, "Who said that? Besides you."
"Well it's a public meeting, and the rest of the public can't hear it or see it if it's a private message," said Mayor Smith.
Grace did not deny and stated, "I'm sorry, forgive me."
The suggestion was made to not even have call out and to leave it to the Sheriff's Department to respond; however, on the Saturday previous to the meeting an individual called 911 for an emergency and there was only one deputy on duty. The deputy was otherwise engaged at the time and could not respond immediately. This left the person with no police officer in Timpson, none in Tenaha and no immediate assistance from the county.
All council members then voted in favor of allowing the on-call officers to take the patrol vehicle home on Saturday and Sunday.
The meeting adjourned at 6:46pm.
