The newly elected Smithville Mayor Jimmy Poss and Aldermen Tim Stribling and Jason Judd Murphy were sworn into office during a special called meeting Friday afternoon at city hall. But the ceremony was almost overshadowed by another issue, the appointment of someone to a city board, namely the Smithville Electric System Board.
Mayor Taft Hendrixson posted the agenda for the special called meeting which stated that the purpose was to swear in the mayor and aldermen-elect and to make an appointment to a city board, subject to the aldermen’s approval. Although he did not state it publicly, Mayor Hendrixson was reportedly considering naming Hilton Conger to a full four year term to the Smithville Electric System Board as a citizen member. Conger was appointed to the board in September, 2010 to fill an unexpired term, which expires June 30.
Typically, the newly elected mayor makes his appointments to city boards and commissions after he is sworn into office, and Mayor-Elect Jimmy Poss assumed he would be the one making appointments to the Smithville Electric System. In fact, he is apparently considering naming himself as the city’s representative on the electric system board, replacing retiring alderman Cecil Burger. Poss is also considering naming Joan Washer, wife of Alderman Danny Washer, as a citizen member to the board, replacing Conger.
Alderman Washer took issue with the fact that the agenda for the special meeting Friday included taking action on a city board appointment, since he said it was announced at a previous meeting that only the swearing in of the mayor and aldermen-elect would take place. “I remember exactly what was said. It was for the sole purpose of swearing in of the mayor and aldermen. But you’ve (Mayor Hendrixson) added something to it,” said Alderman Washer.
Washer was also upset that he had only received the agenda for the special meeting, by mail Friday afternoon, just hours before the meeting took place. ” I got the agenda today in the mail. I have had no time to look at that or even consider it. That’s not doing us right, That’s not doing the board right. I told you when I was elected I didn’t want to be blind sided, but you (Mayor Hendrixson) blind sided me on this,” said Alderman Washer.
Mayor Hendrixson replied. “We didn’t say that (the swearing-in) was the sole purpose (of the special meeting).
City attorney Vester Parsley, Jr. said that the mayor’s notice was adequate “The mayor has the authority to call a special called meeting without presenting all the issues to the board. But he has to give the notice to the board members of what the purpose is,” said Parsley.
Alderman Washer asked “How long does he have to give that notice?”.
Parsley answered, “twenty four hours”
Alderman Washer made a motion to table action on the city board appointment until the next regular meeting (Monday night, July 2) and “then we can discuss it and give us all time to look at it and see what we need to do,” said Washer.
Alderman Washer did not receive a second to his motion.
Mayor Hendrixson said later that in spite of Washer’s motion, the city charter gives the mayor the right to make his appointments.
But instead of making the appointment to the SES board, Mayor Hendrixson proceeded to have City Attorney Parsley conduct the swearing in ceremony, without ever bringing up the subject.
Reportedly, the Municipal Technical Advisory Service (MTAS) had been consulted and rendered an opinion that Conger should not be appointed to the SES board, apparently because he is a compensated city official.
By laws of the Smithville Electric System Board state that “no one shall be eligible for membership on the electric power board unless: (he or she) has not been a regular compensated officer or employee of the said city for at least one year preceding the date of his or her appointment”.
Conger serves as an appointed city judge and receives one thousand dollars per month for his services.
So Mayor Poss will get to make the appointment to the Smithville Electric System Board during the next regular meeting Monday night, July 2 along with appointments to the city planning commission, beer board, board of zoning appeals, 911 board, industrial board, and airport committee. He will also name the aldermen to be commissioners of the various city departments including police and fire, streets, water and sewer, finance and taxation, and sanitation.
After the swearing-in of Mayor Poss and Aldermen Stribling and Murphy, City Attorney Parsley presented plaques of appreciation to retiring alderman Cecil Burger, who served as alderman for six years. Burger had also been mayor from 1990 until 2006, and had served for many years before as a city employee. A plaque was also presented to former alderman Steve White, for twelve years of service, from 2000 to 2012, and to former mayor Hendrixson, who served as mayor for six years from 2006 to 2012.
Mayor Poss and Aldermen Stribling and Murphy will officially take over July 1st.
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