City councilors on Monday will discuss a proposal that would effectively strip Tahlequah’s street commissioner of his responsibilities and leave the elected position as little more than a liaison to the community. According to a copy of Monday’s city council agenda, Mayor Jason Nichols has proposed reallocating funds from the street department’s budget – except the salary and fringe benefits of Street Commissioner Mike Corn – into a new roads department. As the impetus for the proposal, the mayor cited recent reports that Corn had potentially violated state law on several projects. According to the city’s charter, Tahlequah must have a street commissioner and street department, and it would take a vote of citizens to change that, Nichols said. “We can certainly put that to a vote of the people, but nobody seems to be proposing that at this point,” Nichols said. “The only way we knew we could solve the issue was to move the assets into another department, which can be run by an employee who is accountable. The street commissioner would not be in charge of the new roads department.” If a majority of councilors approve of the proposal, the street superintendent – who was hired by the city – would be in charge of the new roads department. “Every employee will remain, along with their salaries and benefits,” said Nichols. “They’ll simply report to the street superintendent, who would then be the roads superintendent. It cannot be made clear enough, despite the intent by some to say otherwise, that no employee in the street department is going to have their jobs, salaries or benefits endangered by the [proposed] move.” Asked whether the move is an attempt to take over the street department, Nichols called the idea a “tourniquet” meant to “stop some of the bleeding.” And the city doesn’t need to take over the department, he said. “The city council and mayor already have legal authority over it,” said Nichols. “The street department is not a separate entity; it’s an administrative department created by the city charter that is subject to oversight and control by both the council and mayor. The issue isn’t whether or not that authority exists. The issue is with what recourse a mayor or council has when one of the officers thinks that by his elected nature, he is immune from any oversight or are above the law.” Nichols said this is the only remaining remedy to the situation he has been able to find. “If the council chooses not support it, I believe it will result in further waste of taxpayers’ money, extremely unprofessional and embarrassing behavior, and violations of the law,” he said. Nichols said he consulted with City Attorney Park Medearis, the city’s finance staff, and Assistant City Administrator Kevin Smith before recommending the change. “There’s nothing to indicate there would be any problem with this whatsoever,” Nichols said. “We’re prohibited by law from changing the street commissioner’s salary or employment status, and that’s the root of the problem. I know some people are going to say we’re paying [the commissioner] to do nothing [if the proposal is approved], but I would make the argument that we’re better off.” Nichols said the city council can eventually vote to decrease the street commissioner’s annual salary, which is on track, due to annual increases, to be $55,647 by 2016. Any salary change would not be effective until the next term begins in 2017.
Posted on: Tue, 25 Mar 2014 12:18:52 +0000
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