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Childs no longer HR consultant for Benton E-mail
Thursday, 14 January 2010
Sheryl Childs, a Benton Civil Service Commission member who has been providing consulting services to the city, says she no longer has that business arrangement.
In an e-mail sent Wednesday to Mayor Rick Holland, Childs stated that she no longer is engaged in that arrangement with Benton, which complies with an opinion issued by the state attorney general’s office.
Childs’ eligibility for serving on the commission while conducting business with the city was recently referred to Attorney General Dustin McDaniel’s office. The ruling from that office is that Childs cannot do both unless the City Council should enact an ordinance authorizing the transaction.
The council has not taken such action, and there has been no indication that this will occur.
In her e-mail to the mayor, Childs said: “The fact that I have not resigned from the Benton Civil Service Commission is demonstrative of the choice to continue service as a commissioner.”
Childs was appointed to the panel by the mayor, and the council subsequently confirmed the appointment. That procedure recently changed, and the commissioners now are nominated by the Health and Safety Committee, then confirmed by the full council.
Resumes currently are being accepted for another vacancy created by the resignation of the commission’s former chairman, Robert Balentine.
The commission recently has been criticized for the manner in which it approved the promotion of Mark Mills to assistant chief. Mills did not receive a passing grade on his promotional examination until 13 questions were discarded at the recommendation of then-Chief Ben Blankenship. The action was taken on the final day that Blankenship held his position before officially retiring.
Several of the aldermen have questioned the validity of Mills’ promotion. A day after it was approved, the mayor appointed him interim chief while he considers a permanent replacement for Blankenship.
In the meantime, the issue regarding Childs has been the focus of e-mail correspondence among the aldermen and City Attorney Brent Houston.
Aldermen Brad Moore stated in an e-mail that he has been “deeply concerned for the integrity of previous and future decisions of the Benton Civil Service Commission and the integrity of Benton’s elected leadership,” noting that he was referring to himself, other aldermen and the mayor.
Today, Moore said he is satisfied that the issue has been resolved since Childs has made it clear that she no longer will conduct business with the city.
“That satisfies the law, so as far as I’m concerned that issue is resolved,” he said.
Alderman Doug Stracener, on Wednesday, expressed a similar opinion.
“If Mrs. Childs is no longer providing HR services to the city, there is no conflict,” Stracener said. “No action is required on the part of the City Council because there is no longer any perceived conflict.
“Her action and the actions of the commission prior to this are not nor should not be in question,” Stracener said. “Are we going to question any and all Planning and Zoning changes for the time Mr. Ellis was a commissioner? All Civil Service decisions for the time Mrs. Childs was contracting with the city?”
Stracener’s reference to “Mr. Ellis” relates to the recent resignation of George D. “Bucky” Ellis from the city’s Planning and Zoning Commission.
After the issue regarding Childs was raised, Ellis resigned his post, contending he would be engaged in the same circumstances as Childs since he has received compensation for legal services he has provided for the city’s police and fire chiefs through his representation of the Central Arkansas Risk Management Association.
The situation regarding Childs also was referred today to Alderman Davis Sparks, who said he did not have “all the facts” and was hesitant to offer an opinion.
Sparks did say he thought that the council could be deviating from its prescribed role as a legislative body and “getting over into the administrative function.”
“I think we could be opening up the city to a possible lawsuit,” Sparks said.
Last week, Alderman Bill Donnor noted concerns about possible repercussions resulting from past decisions of the commission during the time that Childs was providing human resources consulting services to the city.
“It’s fine now,” Donnor said today. “I just wanted to know one way or another what was going to happen. As long as somebody’s checking and making sure everything is possible, everything is fine. I just want to make sure all employees have a fair chance with the Civil Service Commission.”
Alderman Steve Lee, who chairs the council’s Health and Safety Committee, said today that he is satisfied with Child’s situation as it now stands. “She can’t do both and she’s said she won’t be doing business with the city, so that’s good enough for me.
“I have no problem with that whatsoever,” Lee said. “It will be up to the mayor to look elsewhere for the services she provided to the city.”


 
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