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Attorney asked to look into promotion E-mail
Wednesday, 13 January 2010
BENTON — Did the Benton Civil Service Commis-sion follow proper procedure when it recently approved the promotion of Mark Mills to assistant chief of the Benton Fire Department?
That issue has been referred to Benton City Attorney Brent Houston.
The City Council voted Monday night to have Houston research the issue.
Today, Houston said he anticipates “having something by the end of the week or early next week” on the matter.
Last week, in a joint meeting of the City Council’s Health and Safety Committee and its Personnel Committee, the aldermen, with virtually no discussion, agreed to pass the issue to Houston.
Steve Lee, who chairs the Health and Safety panel, had said in an earlier meeting that he was disturbed about the manner in which the commission approved the promotion. Mills did not pass the commission’s written examination until 13 questions were discounted, giving him a passing grade of 71. The elimination of the questions was recommended by the recently retired chief, Ben Blankenship.
On Dec. 31, the final day that Blankenship served as chief, the commission, by a vote of 4-1, agreed to go along with Blankenship’s recommendation to make Mills’ position a permanent one. He had previously been serving on a temporary basis.
The following day, Mayor Rick Holland named Mills interim chief while a search is conducted for a permanent chief.
Houston advised the commission against meeting on the Mills issue on Dec. 31 because he was away on vacation and could not be present to advise the panel. Instead, the commissioners ignored his advice and went along with Blankenship’s request.
The commission initially attempted to act on Blankenship’s recommendation by an e-mail vote, which was thrown out when Houston informed the members that this is illegal.
In Thursday’s meeting, Alderman Joe Lee Richards said he plans to present an ordinance eliminating the assistant chief’s position at the fire department.
The commission currently has one vacancy. Resumes are being sought from residents interested in serving on the panel.
The Health and Safety Committee will review those resumes and submit a recommendation to the council.
The vacancy was created by the resignation of the committee chairman, Robert Balentine, who resigned after the commissioners were criticized for their action on the Mills issue. In his resignation letter to Holland, he said he does not have the “stomach for the inevitable politics that comes with an position that serves the public.”
Alderman Bill Donnor said Thursday that he is concerned about not only the commission’s decision in this matter, but other decisions that involved a vote of Commissioner Sheryl Childs.
The attorney general’s office has ruled that Childs, who has been providing human resources services to the city on a paid basis, cannot do so while serving on the panel.
Donnor said in that session that he is concerned about the impact of previous commission decisions for which Childs voted while serving in the dual role.
Holland said last week that the city will no longer use Childs’ services while she is a member of the commission.
 
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