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City Council votes down amended Park Board ordinance
Melodie Phelps
News Editor

Monticello City Council voted down a second reading of an amended

ordinance regarding the Park Board, during a meeting held Monday night. It

was the same amended ordinance that Wayne County Fiscal Court had approved

last week.

The ordinance was drafted following a joint city council-fiscal court

work session held several months ago. The city held the first reading of the

ordinance in February, then requested that the two governing bodies hold

another joint work session to discuss the document.

Councilman Alvin Sexton said Monday night that the county declined to

meet again with the city council. Instead, the magistrates voted last week

to approve the amended ordinance, then voted to restore funding to the park

if the ordinance was approved by city council. It was a move that did not

sit well with several members of the council, as well as Monticello Mayor

Thurston Frye.

"I have some questions about this ordinance that are pretty serious,"

stated Frye during Monday night's meeting.

Several members of the council questioned different portions of the

amended ordinance, specifically sections that dealt with the method of

random drug and alcohol testing for Park Board employees. The ordinance

states that any employee of the park may be tested for drugs or alcohol if

requested by a supervisor, a Park Board member, the Mayor, the County

Judge-Executive, or any member of the fiscal court or city council.

Sexton questioned if this ordinance compares to policies utilized for

other city-appointed boards, as well as other personnel employed by the City

of Monticello. Sexton said the council needs to be consistent and "do it the

right way."

"I don't know about the rest of you but I did not run for city council

to go out and police an area," stated Sexton. "No way is it random testing

if we're going out and selecting a person to be tested."

Councilman Dan Daffron noted that this is the second time the county has

provided documents to the city regarding the park with a list of conditions

included.

"That bothers me," stated Daffron. "This time is the condition of

whether they submit the funds to the park...I agree we need to go on with

the show, but I have trouble with some of these sections of the ordinance."

Daffron questioned City Attorney Jay Jones about any possible legal

issues with the amended ordinance.

"I think that what appears to be unusual is that the Park Board is given

the authority to hire and fire employees...In this section, the Park Board

and others are given the authority to request random drug testing," stated

Jones.

Several council members also questioned a section of the amended

ordinance that allows the County Judge-Executive to remove county-appointed

Park Board members, with fiscal court approval. The same section also allows

the Mayor to remove city-appointed members of the Park Board, with city

council approval.

Frye said this was an area that concerned him, because the reasons for

removal are not clearly stated in the ordinance. He also stated that this

gives a newly elected judge or mayor the opportunity to remove sitting Park

Board members with little reason.

"I don't think this is a good ordinance," stated Frye.

Frye also voiced concern that the ordinance would leave the city

vulnerable to a lawsuit, if park employees are treated differently than

other city employees.

Councilman Jeffrey Edwards supported moving ahead with the ordinance,

noting that "This thing has dragged on for a year." Edwards said the bottom

line is if no one is working under the influence of drugs or alcohol then

there is no problem.

"The bottom line is if there is not a problem then we have nothing to

worry about," said Edwards.

Councilman Gene Jones said there were several things in the ordinance he

did not totally agree with, but he voiced concern about children who are

ready to use the park this year for Little League and other activities.

"We've already had Little League sign-ups, and there are a lot of kids

ready to go to the park...They want to go out there and play ball," said

Jones.

He questioned how the children will be affected if the county does not

restore monthly funding to the park. Frye replied that the park has been

managing to operate so far with the funds that are available.

"It would help if (the county) would meet their obligation," Frye

stated.

The ordinance was turned down by a 4-2 vote, with Edwards and Jones

voting in favor of the amendment. Sexton, Daffron, Phillip Duncan, and Paul

Bates were opposed.

In other action during the meeting, the council pledged their support to

a Youth Empowerment Network project to place a memorial bench and flower

garden at the park in honor of cancer survivors. Gaye Hutchinson, with YEN,

and two youth ambassadors outlined the project, which is funded through

grant money.

The bench will be placed along the walking trail, and the garden will

include pink flowers that represent cancer survivors. Hutchinson stated that

the Park Board has already pledged their support to the project, which is

slated for completion by May 31.



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