Nevada County Picayune and Gurdon Times Newspaper Archive

Marshal's Position Stands After Council Vote

Gurdon will remain the only city in Arkansas with a city marshal form of law enforcement.

Gurdon's City Council, in its regular monthly meeting Monday, Oct. 9, caved in to pressure with a 4-2 vote to keep the current form of electing the chief law enforcement officer for the city, instead of going to a chief of police form where the department head would be a city employee instead of an elected official.

After more than two hours of discussion, with a motion made and approved to postpone making a decision for a week so the council could examine the issue more fully and check names on a petition put forth to keep the marshal's position.

There were more than 500 names on the petition, but none had been verified as living inside the city limits. Additionally, the petition had no legal bearing whatsoever.

A second petition, to go to a chief of police form of law enforcement, was not presented.

Councilman Johnny McGuirt, prior to the vote, said he represented the people, spoke for them and needed their input on the issue.

City Marshal David Childres asked the council to make its decision at the meeting going on instead of waiting because, "It's out livelihood you're messing with, and most people didn't know anything about this until the petition went around."

When the council voted, Gene Flowers cast a nay ballot, as did Mickey Jones, McGuirt and Rev. Ronald Scott. Only Karen Parker and Phillip Giles voted to do away with the marshal position.

Throughout the meeting, Childres repeatedly said this was nothing but a personal issue and had nothing to do with the operation of the Gurdon Police Department.

With deputies from the Clark County Sheriff's Office and a trooper from the Arkansas State Police stationed outside the meeting room, former Mayor Daryl Potratz began the discussion.

Potratz had circulated the petition to do away with a city marshal and go to a police chief, but never presented it at the meeting.

He told the full house in the City Hall board room this was the perfect time to make the change as no one would be displaced from a job.

Childres had previously said he would likely withdraw from the election because of health reasons. This, Potratz said, would leave the position open and wouldn't put anyone out of work.

He repeatedly said his interest was in what was best for the city and with no personality issues involved.

Potratz pointed out Gurdon is the lone city in the state to still be electing its chief law enforcement officer, with Chidester going to a chief of police method in 1997.

Under a chief of police method, he said, the council could review applications obtained from across the state and hire the best applicant based on qualifications and experience.

"Times are changing," he said, "and we need to go forward with them in choosing people based on qualifications."

A job description for the chief's position, he added, could be drawn up by the council.

Before the speakers were allowed to talk, Gurdon Mayor Rick Smith informed everyone planning to voice their opinion on the issue they would have a five minute time limit and must stick to the topic at hand  whether or not to abolish the marshal's position.

GPD officer Frank Plasek followed Potratz and as he began to talk, was reminded he had to stay on the issue. Plasek chose not to speak further.

Childres told all he didn't know anyone had a problem with the GPD as nothing had been said at the September council meeting. "Now it seems you want to do away with the police department."

According to Childres, the reason for wanting a change had to be personal as there had been no prior complaints about his work.

"I've been marshal for 10 years and an officer for 23," he said. "I've never done anything without the council's approval. I consider the council to be my boss."

Childres said with a police chief the mayor would actually be the chief because he would have the ability to fire whoever had the position.

This, he said, isn't needed because then there would be one person running the town. He pointed out how other cities in the area were having problems with their police chiefs, specifically picking the situation in Pike County where the Glenwood police chief, mayor and city council are at odds.

Such problems, he continued, aren't occurring in Gurdon.

The GPD has eight full and part time employees, Childres said, all who were concerned about their job security. In fact, he claimed they would be out of work as of Jan. 1, 2001, if the marshal's position was done away with.

"I've been here 23 years," he said. "I've got no retirement and I've turned down a lot of job offers because I wanted to be here."

Other members of the GPD, he continued, have also turned down job offers because of their desire to work in Gurdon.

"I don't know what the problem is unless it's personal," he said. "It don't need to be brought into a city problem."

Childres was asked about insurance, as he'd already said there was no retirement. He said the department does have insurance through the city, with those participating being required to pay a portion of the premium.

When asked what the requirements for being city marshal were, he said they were the same as being sheriff, mayor or on the council. The requirements are: to be 21, live in Gurdon and never been convicted of a felony.

The marshal, like the sheriff, is not required to have any previous law enforcement experience at all before running for office. Nor does either have to become certified upon assuming the office.

Potratz said eliminating the marshal's position wouldn't be taking anything from the people, as the office would then be handled by the city council  the governing body of the city.

Childres said the mayor would be the chief's boss.

Potratz responded the mayor is also the street department superintendent's boss, but the mayor must answer to the council as well.

"There's nothing personal in this at all," Potratz said. "If this is passed and the city goes to a chief position, you or Don or anyone else meeting the qualifications can be chief. It's a change in management, not meaning for people to be fired."

Childres said the officers would quit instead. "You're saying the people are too dumb to elect a qualified person."

"Others are involved besides me," Potratz said

"Yeah, the mayor," Childres fired back.

Smith spoke, saying in 1994 the city passed an ordinance to abolish the marshal's position, yet for months later this was repealed. He asked Childres why this was.

Childres said it was because they got a petition. "I was told I was going to be chief, then found out I wouldn't be. I didn't want to lose my job."

Smith then asked about Childres having a 15-year-old, Childres' nephew, working the radios at the GPD in 94, doing dispatching.

Childres admitted he did have a 15-year-old doing dispatch work, adding this was a common practice for the department prior to Smith's becoming mayor.

He claimed the change was made because Frank and Vicky Plasek "raised Cain" about it. "It's still a personal problem. You ain't never liked me," Childres charged.

He added the city doesn't have the crime problem now it had when he took over.

Smith calmly asked if Childres favored abolishing the position in 94.

"Till I found out you were trying to railroad me," he said. "You have a problem, Rick Smith, and it's personal. You said to stick to the issue. I've already admitted the stuff in 1994 was true"

"You favored this being a hired position until the mayor asked you not to work a 15-year-old in the department," Smith said.

"No. All I know is I was stupid for ever agreeing to it, then I changed my mind. This is the only issue you have," Childres said.

He continued saying Smith was the mayor then as now and claimed Smith is responsible for wanting the change. "We have 560 plus names of people not wanting to change."

However, as the petition wasn't formally presented until late in the meeting, the signatures were not validated as to being registered voters within the city limits of Gurdon.Mitch Nolan, who works with Baptist Ambulance, asked why such a change was needed.

He talked of working closely with the GPD, knowing officers respond to all ambulance calls, often arriving before ambulance personnel.

From there, though, he veered off to talk about the fire department, only saying he was logical enough to know who was qualified to be marshal.

Nolan said people ought to be able to vote on who they want as marshal, adding the system is working and should be left alone.

"All I can say," Childres said, "is the GPD is running smooth and we've had no problems here. We're not in the paper each week being made fun of."

In May he placed his name on the ballot as a Democratic candidate for the position. Since then, his doctor, he said, has told him he doesn't need to be doing this because of his back and heart problems.

Childres, when asked point blank, said he would make his decision Friday, Oct. 13, on whether or not to withdraw from the race as this is when he would see his doctor again.

He said if he withdrew and Plasek or anyone else could get on the ballot, good for them. "It's a personal issue. It has to be. Gurdon has a good police department and it would be ruined if it changed."

Potratz pointed out nothing negative had been said about the GPD, and no one had a problem with the department.

He said because of Childres' public statement about his health problems this is the best time to make a change as no one would be displaced.

Childres said eight people would be displaced.

Potratz said it would be their choice as they wouldn't be fired.

Changing to a police chief, he continued, would be a good business practice for Gurdon as the council would then have control over all departments. "You don't have elected officials in business, and the city is a big business."

Once again Childres said the mayor would be over the chief and could fire him.

"Not without the approval of the council," Potratz responded. "The mayor doesn't have that much power. Everything has to be approved by the council."

"The marshal is under the entire council," Childres said, "not just one person. The council can get rid of the marshal if he's not doing the job. It's happened before."

The former city marshal was removed from office by the council, as Childres said, but this was done because criminal allegations had been made concerning the marshal.

Removing an elected official from office is not an easy task, as was pointed out.

City Recorder Tambra Smith said others had the chance to file for this position. "If David is running it's all OK, but because Don filed you say we need a change."

Potratz was asked why he left office before his term expired. He explained having to leave because of health reasons. Those included losing his left kidney to cancer in 1993 and 1/3 of his right kidney in 94.

When asked if there were any specific problems with the marshal form of law enforcement and this system, Potratz said the marshal is not directly responsible to the council in all matters.

In fact, the marshal can hire as many temporary employees as he wants without consulting the council at all.

Mayor Smith read the state statute on the powers of a marshal. In Arkansas, marshals can go anywhere in the state to make an arrest.

"We have a mix of marshal and policeman," Smith said. "The marshal executes all writs and process as directed by the mayor.

"The personnel committee," he continued, "is designed to bust up the good old boy' system."

He reminded those present Childres favored doing away with the marshal's position in 94, until Childres changed his mind."The problem is not with him, but with the system," Smith said. "It's archaic with archaic laws applying. The problem is not who, but what.

"David Childres and I work well together and the GPD does a good job."

Smith pointed out to remove an elected official from office, the official must be charged with a criminal offense or malfeasance of office.

The council, he continued, can't require the marshal to work at all. It's possible for someone to be elected and stay home for their entire term. Nor is a marshal required to attend council meetings.

Smith said he had worked to get marshal's abolished on the state level, but was told by the legislature cities had the power to do this anyway. State law allows for a city's top law enforcement position to be either elected or appointed.

When questioned as to why this issue hasn't been brought before the council since 94, Smith said it was an election year then as well and the ordinance had been passed before the May primary.

This is the perfect time, as Potratz says, Smith continued, for the council to do this because no one will be displaced. "If we abolish the position, the current marshal will stay on the job until Dec. 31, 2000. The council can advertise statewide and hire a chief based on qualifications."

Smith added the pay for the GPD is comparable to other departments in the area.

Delton Simpson asked the council to voice its opinion on the matter.

Jones said she was "just listening," while Giles asked about the second petition.

McGuirt said no one had approached the council seeking a specific vote one way or the other, and only discussion had been presented.

"It has never been put to the council to make a decision one way or another," McGuirt said, "and I have no desire to comment."

Jones said making a decision would have to be placed on the agenda and the current meeting was for discussion. "I'm not prepared to make a decision."

Tambra Smith reminded the council it could amend the agenda and vote on the issue. She claimed the signatures on the petition showed the constituents had been represented and the other petition wasn't even presented. "This petition means you've been asked to do something."

"It's not possible to keep this system and make the changes we need to make," Mayor Smith said. "We may be able to with David, but not with the next marshal."

He reminded the council the petition before it had no legal bearing on the issue.

"None of this is funny," Don Childres shouted angrily, having to be restrained in the back of the room. "You're talking about people trying to feed their family. There's other stuff going on here. I don't know what you people are laughing about."

There was discussion about having a special election and allowing the voting public to decide the outcome.

Smith said there is no way it could be placed on the Nov. 7 General Election ballot at this time, and it would be at least 90 days before a special election could be scheduled.

Jones moved to delay voting on the issue until Monday, Oct. 16 and got a second. The council approved the motion so the members would have time to talk with their constituents about it.

Still talk about voting then continued, with someone shouting the motion could be withdrawn, and summarily was by Jones.

Smith produced an ordinance to repeal the election process of the city marshal, giving each member of the council a copy.

The ordinance went through three readings, with the emergency clause accepted so the issue could be voted on immediately.

At this time, with a roll call vote, the council succumbed to the pressure put before them and voted to keep the election process for city marshal.