02-16-1976 Regular Meeting375
(Continuation of February 2, 1976 meeting)
Lee Silver stated the Jonquil City Lions Club requested permission to erect
thirteen (13) flag poles in a semi -circle around the Centennial Park monument.
C. 0.•Canada made a motion we accept these poles from the Jonquil Lions Club.
Homer Kuhl seconded the motion and the vote was unanimous.
Lee Silver requested approval of the King Springs Park Logo, also to paint the
logo on the King Springs Park building. The work will be done by the Parks and
Recreation staff. Homer Kuhl made a motion the logo be approved and painted
on the building. C. 0. Canada seconded the motion and the vote was unanimous.
The Parks and Recreation Commission recommended we proceed with the B. 0. R.
Grants for the pool paving and tennis courts, matching funds.
Lee Silver requested emergency funds for repairs of Jonquil and Church Street
pools, as they cannot open this year in their present condition. To bring the
pools up to the required state standards the total repairs will cost around
$17,000.00. Bids on equipment were sent to three companies. Atlas Engineering
Service was low bidder. C. 0. Canada made a motion we waive the bid procedure
on equipment amounting to $2,123.45, which is needed immediately, and award'
to Atlas Engineering Service. The parks and recreation department will do the
work. Homer Kuhl seconded the motion and the vote was unanimous. Mr. Kuhl
stated these repairs would be paid from Revenue Sharing Funds, to be charged
against the $10,000 set up for park improvements.
Lee Silver asked that change orders for the King Springs Park be approved.
After discussion, Homer Kuhl made a motion the change orders from Jonquil
Construction Company, in the amount of $7,206.50 for King Springs Park, be
approved for payment. C. 0. Canada seconded the motion and the vote was
unanimous.
Elbert Coalson read a report of the number of accidents, per police records,
that had occurred on Cherokee Road at or near the post office, on Ward Street,
Cherokee Trail and Beaver Creek Road. Mr. Coalson stated this is one of the
most dangerous spots in Smyrna, accident wise, and some action must be taken.
After discussion it was recommended the Mayor contact Congressman Larry McDonald
and set up a meeting to discuss the possibility of outgoing traffic being
routed to the back of the post office, to exit on Ward Street. Mayor Bacon
stated he would also talk with Postmaster C. A. Atkins.
Meeting adjourned at 8:40 P.M.
February 16, 1976
The regularly scheduled mid -month meeting of Mayor and Council was held at
City Hall, Smyrna, Georgia on February 16, 1976 and called to order at 7:30 P.M.
_ by presiding officer Mayor Arthur T. Bacon. All council members were present.
Also present were Willouise Spivey, City Clerk, Charles E. Camp, City Attorney,
Bob Birchfield, Administrative Assistant, Lee Silver, Parks and Recreation
Director, J. E. David, Supt. of Public Works, Don Atkinson, Acting Fire Chief,
Gene Hoaster, Building Inspector and representatives of the press.
Invocation was given by Homer Kuhl, followed by the pledge to the Flag.
Mayor Bacon reported the results of the investigation into the operations of
the Smyrna Police Department, by the Cobb County Internal Affairs Committee, had
been received. Mr. R. E. Shaddix of Manson Avenue requested and received
permission to speak. Mr. Shaddix said he had learned that Chief Robert L. Drake
had already resigned and he did not think he should be allowed to resign and
draw his retirement. Homer Kuhl explained that any employee was due his retire-
ment if he was fifty-five (55) years of age and had been with the City ten
consecutive years, whether he retired, resigned or was dismissed. As stated
in the retirement contract, an early retirement (before age 65) pays much less
than a full retirement; nevertheless, an early retiree is eligible for benefits
due him for years, of service. Marston Tuck also objected to the resignation
and retirement benefits.
(Continuation of February 16, 1976 meeting)
Mayor Bacon read Chief Robert L. Drake's resignation as Chief of the Smyrna
Police Department, effective today. Jerry Mills made a motion the resignation
be accepted. C. 0. Canada seconded the motion and the vote was unanimous.
Mayor Bacon stated he had also this date, received the resignation of Sgt.
V. D. Christman. C. 0. Canada made a motion the resignation be accepted.
Elbert Coalson seconded the motion and the vote was unanimous.
With reference to the "slick sheet" put out by Harold Smith Hardware Company,
Dickson Shopping Center, Mayor Bacon said the wording and printing looked very
similar to the one put out on him just before election day.
Mayor Bacon stated the report on the Police Department by the Cobb County
Internal Affairs Committee was quite thorough, although a large percent of it
was allegation only. There were some facts, with, proof, and on these, action
is being taken. He stated he was not trying to hide anything from anyone and
that he had promised the report would be made public; however, there are so
many allegations, with no proof whatsoever, he felt the City might be liable
to suits if the entire report were made public. He stated the parts of the
report with facts and proof, would be made public. Mayor Bacon had checked
with Judge Luther Hames of the Cobb Superior Court and Judge Hames advised
him not to make the entire report open to the public. Someone from the audience
asked why it was not turned over to the Grand Jury and Mayor Bacon said he had
no objections'to this, although nothing could be done at this time. If there
are any appeals to the Civil Service Board, the report will be needed. He will
check with Judge Hames after appeals, if any, concerning the Grand Jury
reviewing the report.
Bill Darby was appointed as Chairman of the Police Committee, with Homer Kuhl
and Rem Bennett as members.
Bill Darby stated that police personnel as listed below had been notified in
accordance with the Smyrna Civil Service Act, as amended, and the Rules and
Regulations for the Internal Operations of Police Department as enacted by
ordinance by Mayor and Council on May 15, 1972 as follows:
Lt. David A. Farmer - that you have, effective immediately, been reduced to rank
of Sergeant and given seven days suspension without pay,for violation of Rule 74 -
acts tending to bring discredit on the Department, allowing evidence to be
removed and not setting up proper evidence controls; and Rule 42 - appearing as
a friend of the defendant.
Lt. Glenn McCullers - that you have, effective immediately, been reduced to
rank of Sergeant and given seven days suspension without pay for violation of
Rule 74 - acts tending to bring discredit on the Department; Rule 13 - leaving
your post without notifying the dispatcher of your whereabouts; and Rule 70 -
failure to transmit a citizen's complaint to the Chief for investigation.
Lt. William H. Hayes - that you have, effective immediately, been reduced to
rank of Sergeant and given seven days suspension without pay for violation of
Rule 74 - acts tending to bring discredit on the Department; Rule 30 -
criticizing the official acts of superior officers; Rule 42 - seeking to
influence the court as prosecutor or friend of the defendant; and Rule 72 -
while off duty engaging in political activity within the corporate limits of
the City.
Patrolman Fred Brack - that you have, effective immediately, been suspended for
seven days without pay for violation of Rule 74 - acts tending to bring discredit
on the Department; Rule 30 - criticizing the official acts of Superior officers;
and Rule 7 - failure to keep order in the area in which you were assigned to
duty in refusal to write tickets and encouraging others to do so.
Captain Kent R. Sims - that you have, effective immediately, been removed as
Captain and discharged from the Smyrna Police Department for the following
grounds to wit:
(a) Rule 74 - Conduct tending to bring unfavorable criticism upon the Department.
(b) Rule 2 - Failure to properly supervise the Department adequately, and
failure to maintain discipline, training and efficiency of personnel; failure
377
(Continuation of February 16, 1976 meeting)
to make inspections to keep fully informed as to the conditions and activities of
the Department; and failure to cause records to be kept to show the status of
Departmental business.
(c) Rule 51 - Issuing orders in direct conflict with the rules of the department
and the laws of this State and County in encouraging officers not to make cases
which would result in their appearance in State Court of Cobb County, and encouraging
officers not to patrol "The Game Room" on South Cobb Drive.
The personnel mentioned above were also advised that if they wish to appeal to
the Civil Service Board and desire that the above acts be framed with specificity,
they should notify the acting Police Chief immediately and he would further enumerate
the specific acts complained of; and that they have three (3) days to frame an
appeal after notice.
Jerry Mills asked that the charges against the two that resigned, Chief Robert
L. Drake and Sgt. V. D. Christman be read. They are as follows:
Robert L. Drake, Chief - Rule 74 - Conduct tending to bring discredit or criticism
on the Police Department; Rule 20 - failure to request an audit of the Civil
Service Board of funds held by the department; Rule 19 and Rule 18 - accepting
gratuities from certain local merchants which appear unwarranted, without filing
a written report promptly; Rule 2 - failure to properly supervise the department
adequately, failure to maintain discipline, training and efficiency of'the
personnel, to make inspections to keep fully informed as to the conditions and
activities of the department and failure to cause records to be kept to show the
status of department business.
V. D. Christman - Rule 74 - Conduct tending to bring undue criticism on the
department; Rule 7 - failure to keep his area of responsibility in good order and
maintain fingerprint records and funds records properly assigned by the Chief.
Rule 32 and Rule 42 - using his office with malice to oppress and not properly
placing jail cases on court docket; using undue influence upon the court acting
as prosecutor with aim to influence the results.
Homer Kuhl advised that the Acting Police Chief had notified in writing, in
accordance with the Civil Service -laws,, the employees involved and they have three
(3) days to appeal in writing to'the Civil Service Board. A decision should be
made within ten (10) days of the hearing. Luther Hames will advise us what to do
with the document.
Jerry Mills stated he had reviewed the document and found no criminal acts and he
felt we could solve the problems.
Mayor Arthur Bacon thanked everyone for their cooperation and advised that the
ranking officer in the police department, Captain John Young, Jr., would be
elevated to acting Chief.
Jerry Mills stated he was one that had pushed the investigation and had gotten
overly involved, causing a couple of people to get into trouble, and for this he
was sorry. He hoped that after tonight everyone would work together to better
the police department.
The request for a residential business permit by Glen Williams, Apartment 302,
Heritage Trace Apartments, to do photography from his home was deferred.
Bid openings for two sirens and installation of same, for the Civil Defense
Department was deferred to the next regular meeting. The Post Office box; used
for bids only, would not open when checked at 6:45 P.M.
There were no commercial building permits to be approved.
The report on Fire Stations #2 and #3 was deferred to the next meeting.
Homer Kuhl made a motion that furniture for Fire Station #3 be purchased with
Federal Revenue Sharing Funds. Jerry Mills seconded the motion and the vote was
unanimous.
(Continuation of February 16, 1976 meeting)
Arthur Bacon advised that the large number of high water bills last month was
due to late readings, and the charge was for 40'days of service, instead of
the regular 30 days.
C. 0. Canada stated we needed to purchase a low -boy to haul the 955 caterpillar
and suggested we start looking for a good used one. A motion was made by C. 0.
Canada, seconded by Elbert Coalson, to give the committee authority to buy a
good used low -boy, for a price not to exceed $3,000.00, to be paid from Federal
Revenue Sharing Funds. Vote on the motion was unanimous.
Mayor Bacon expressed his appreciation for the cooperation of everyone during
his first forty-five.days in the Mayor's office.
Meeting adjourned at 8:16 P.M.
ARTHUR T. BACON, MAYOR
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WILLOUISE SPIVEY, C CLERK
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