Plan to Close Part of Park Advances
Constitution-Tribune, Tuesday, Sept. 29, 2009

Repeated vandalism at Chillicothe’s Shaffer Park has prompted city officials to consider closing a portion of the park during cold weather months on a trial basis. The council heard a report from assistant parks director Josh Norris during the workshop meeting Monday night at City Hall. Norris said that the park is largely used during the summer months by the Chillicothe Mudcats, a college level baseball team. And, it is primarily during the baseball season that areas of the park are vandalized, he said.

Chillicothe Park Board members voted unanimously last week to recommend to City Council members to close a portion of the park beginning Nov. 1, and keep it closed until the start of Daylight Saving Time (the second Sunday in March). The closure would apply primarily to the fenced area (including 
the ball field and a children’s playground) as long as new playground equipment is installed in the nearby unfenced portion of the park to the west before Nov. 1. Norris said that incidents have included vandals tearing up the ballfield dirt by driving an ATV on the field, spray-painting graffiti on the dugout walls, cutting nets, throwing rocks at the score tower windows, setting a trash can on fire in the men’s bathroom, breaking into the equipment shed, and more.

The issue of closing the park was discussed by council members several months ago with parks officials citing increased costs because of repairs. Although a public facility, much of the fenced portion of the park has been greatly improved through private contributions in support of the Chillicothe Mudcats. Mayor Chuck Haney said that there has been an approximate $300,000 
investment spent to improve the park since the Mudcats began playing there eight years ago. Improvements involved in-kind work and purchases by Grand River Entertainment, the city of Chillicothe and through a local foundation. During the last eight years, the park has seen substantial concrete work and the addition of stadium seating, including seats from the Kansas City Royals. The proposal to close this portion of the park met resistance from 3rd Ward Councilman Tom Douglas, who noted that the park is a public park and said that closing a portion of the park would do little to deter vandals from breaking in. Currently, the entire park is open daily and closes at 9 p.m. or dark.

Council members directed City Attorney Adam Warren to draft and ordinance that calls for closing this portion of the park on a trial basis. The ordinance is to be considered at the next regular council meeting, which is set for Oct. 12.

Personnel Handbook - Also Monday, the council approved with a 3-2 vote on an ordinance adopting a revised personnel handbook.

Councilman Douglas stated that he opposed one element of the handbook — although not a revision from the previous handbook — which gives the city administrator authority to terminate an employee with prior approval by the mayor. He said that he believed the council should have the authority to 
make such personnel decisions. City Administrator Dean Brookshier said that the current personnel handbook has been in effect for several years and gives the city administrator power to terminate an employee.

City Votes to Stop Gates Grievance Hearing
Constitution-Tribune, Friday, October 02, 2009

The Chillicothe City Council met in executive session Monday night following the regular council meeting and took action regarding personnel matters. All council members were present with Mayor Chuck Haney presiding.

A release issued shortly after 6 p.m. Thursday by City Administrator Dean Brookshier stated that the council unanimously voted to discontinue the hearing process for Gil Gates, former code enforcement officer. Gates, who had managed the city’s zoning office for more than 10 years, was terminated from his position in August by the city administrator with consent from Mayor Haney. No council vote had been taken regarding Gates’ dismissal; however, the council had voted last month to grant Gates a grievance hearing. Brookshier stated that when Gates’ legal counsel requested a continuance, the council then voted a continuance; however, this week, the council voted to discontinue the hearing process. Gates could not be reached for comment today (Friday).

In additional business during the closed session this past Monday night, the council unanimously voted to allow the city administrator to advertise for a new code enforcement officer. The city’s contracted engineering firm of Shaffer, Kline and Warren has been carrying out the duties of the code enforcement officer in the interim period.

Also in executive session, the council unanimously voted to give appropriate city employees a monthly stipend for cell phone usage as opposed to the city buying the cell phones and paying for the plans. This will be at the discretion of the city administrator, the release stated. Council members are Darrel Rinehart, Sid Cornell, Maurice Zion, Tom Douglas and Paul Howard.

According to the Missouri Sunshine Law, any vote taken by public bodies in an executive session must be released within 72 hours after the closed meeting in which such action occurred. The action from Monday night’s executive session was released within the 72-hours period. The Missouri 
Sunshine Law allows public bodies to close meetings for a number of discussions, including those relating to legal actions; the leasing, purchase or sale of real estate by a public governmental body; the hiring, firing, disciplining or promoting of particular employees; and discussions regarding individually identifiable personnel records.

Brookshier said the matter regarding whether to advertise for a new code enforcement officer was discussed in closed session because it dealt with the city’s hiring process.

He also stated that the cell phone matter was discussed in closed session because part of the discussion dealt with law enforcement and “confidential items.” He said that members of the police department use cell phones in investigations. The monthly stipend for cell phone usage will be for any city employees determined by the administrator and not just the members of the police department, Brookshier said.

Jean Maneke, legal counsel for the Missouri Press Association, said the actions taken Monday night regarding whether to advertise for a new code enforcement officer, as well as the cell phone stipends, appear to have been in violation of the Missouri Sunshine Law. Neither discussions dealt with identifiable persons nor with the hiring, firing or disciplining of city employees and therefore, should have been addressed in open session.