Nevada County Picayune and Gurdon Times Newspaper Archive

Appointment Leads To Discussion Of Group's Identity

A year-long vacancy on the Gurdon Water and Sewer Commission led to questions about the panel's legal structure Monday night.

In the regular monthly meeting of the commission, Jackie Rhodes was nominated to fill the open slot.

However, Rhodes lives outside the city limits of Gurdon, and according to the way the law reads, only qualified electors of a municipality may serve on city commissions.

Rhodes questioned how members of the airport commission can serve as only two live inside the city limits.

Gurdon Mayor Rick Smith informed Rhodes the airport commission is not a true commission, but is a committee. He said no ordinance has been passed to create an airport commission.

Because of this, Smith said, the laws requiring commissioners to live in he city don't apply.

Then came the big question. Is the Gurdon Water and Sewer Commission a commission or a committee.

The water and sewer department was created in 1952 by ordinance 188. However, Smith said there is nothing on file in the city recorder's office showing whether the commission was created as a commission or a committee.

A legal ad in a newspaper from the time read as though the panel was a committee, which could sometimes be referred to as a commission.

Harold Hurst, Water and Sewer Department manager, said the first minutes recorded in 1952 and all thereafter have referred to the department's governing body as a commission.

"I've talked with the city attorney," Hurst said, "but he's not clear on it. The key word is commission or committee."

This led to much discussion and a three-hour meeting.

Micki Jones, one of the new members of the Gurdon City Council (four council members were on hand), said the city needs to find out if the water commission is a commission or a committee.

Hurst said Arkadelphia is going through a similar problem, but basically that city's government is letting a sleeping dog lie and not pursuing the matter.

Hurst told the commissioners it was up to them if they wanted to pursue the issue. He said the major difference between the two types of panels is a commission had full authority, while a committee has none.

Smith said former mayor Darrell Potratz also looked into the matter, but was unable to find the ordinance either.

Hurst told those gathered the main things is the department has worked hard to get where it is. He said the department has had and does have good employees.

He asked the commissioners for 100 percent backing and asked the council and mayor to fully back the commission's decisions.

Hurst said he would like to get the personnel issue, which was also brought up again, out of the media, adding his record as manager speaks for itself. "If we're whipped at meetings and in the paper and on radio, it doesn't help anyone do their job.

"Other places give the authority to hire and fire to department heads and aren't concerned with being out of compliance with state or federal regulations. I see nothing I've done as manager or the commission has done to cause any changes. If it's going right, why fix it?"

Hurst said he'd like to see the operations of the department left up to the commission and keep politics out of it.

He also suggested letting the commission act as the department's personnel committee, thereby separating it from the city's panel.

Jones said for this to be done, the commission would have to agree on an ordinance, which would have to be passed by the city council.

Smith spoke up saying the issue is not whether or not the department is governed by a commission or a committee. He said no one has challenged this matter, or whether the department is doing a good job or not.

He said in 1992, the City of Gurdon created a personnel committee which fell by the wayside, but was reinstated under the current administration.

The problem is, Smith continued, there are three members on this committee, with one from the water and sewer department. This, he said, was done intentionally.

In addition, the department heads are automatically on the committee because they are the ones who will be working with the employee in question.

Smith said 99.9 percent of the time, the committee will follow the recommendations of the department manager.

The entire purpose of the personnel committee is to insure applications are taken, interviews are given and everyone has an equal chance for being hired.

He gave members of the water panel copies of the personnel resolution presented to the council earlier this month.

"When this took place and we formed the (personnel) committee," Smith said, "I didn't know there was a problem. I came to the water and sewer commission and told them. They agreed (to follow the policy).

"I wanted all (departments) using the same practice and didn't know there was a problem."

Smith said the other city departments, the Gurdon Fire Department and Gurdon Street Department, go through the committee for hiring full or part time workers.

Temporary employees, he continued, can be hired without going through the committee. The water department has done this as have others, he said, adding, it's a good thing to be able to do.

The mayor pointed out there are two department heads, including Hurst, who don't live in the city limits, which doesn't pose any problems.

Smith carried on, saying the intent of the personnel committee is to protect the city with good hiring practices.

He told Hurst a person doesn't have to be elected to play politics, and the committee would help keep politics out of the hiring game. By going through the committee, one man, Smith said, is not able to do all the hiring and firing.

This, however, is not challenging the commission, he added.

The mayor then pointed out Hurst had stated the commission gave him the authority to hire and fire as he saw fit, and asked if it was in writing anywhere. Hurst and members of the commission have repeatedly questioned the personnel committee saying there was nothing in writing.

Hurst said he was unable to find anything in the minutes which gave him this authority.

Commissioner Bill Dulin recalled the panel agreeing to this at one time, but didn't know if it was in the minutes or not. He also said the commission agreed to use the personnel committee for hiring.

The argument continued as to what is or isn't in writing and whether or not the water department needs to use the personnel committee or have the commission be its personnel committee

Hurst said he'd have no problem with a personnel committee if the commission acted as the panel for the water and sewer department.

Smith pointed out this would then create two personnel committees, which could create problems.

The verbal battle waged on with Smith saying this has become a power struggle between the mayor and water department head.

He said the c