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Monday, April 20, 2009

SHOULD - AND CAN - MAYOR IRETON MAKE CHANGES AT THE TOP?


In this year’s Salisbury election much support for Jim Ireton was by voters who believe that the city administration is contaminated more broadly than just the mayor’s office. Many voted for Mr. Ireton in order to obtain major changes in the City’s departmental leadership. Their greatest focus is probably on the Police Chief, who is particularly objectionable to many City residents for a variety of reasons, not merely his job performance, including:

1. Continuing to reside a considerable distance from Salisbury
2. Conduct during and after the altercation that occurred between Barrie Tilghman’s daughter and then City Council member Rachel Polk.
3. Harassment of vocal critics of Barrie Tilghman, including the operator of this blog
4. Activist role in Comegy’s campaign for mayor – disputing charges and positions of Mr. Ireton

It is apparent that Chief Webster and Mr. Ireton completely disagree about community policing and the incidence of crime in Salisbury. Immediately upon taking office Barrie discharged then Police Chief Dykes, who was highly regarded by the public, for a matter that only she and a small coterie considered serious. Apparently, the City reached a confidential settlement with Dykes that included his resignation.

In general it is relatively easy to replace the police chief, either by promoting a current City officer or hiring someone from elsewhere with the requisite experience. Law enforcement and the chief’s position are fairly standard across the country. However, there is a rumor that Chief Webster’s contract with the City provides for special benefits (“golden parachute”) if he is terminated – if so, that may protect him from being discharged.

And there is another matter that could protect Chief Webster and other “department heads” from termination by Mayor Ireton – the Salisbury City Charter provides that “all department heads shall serve during good behavior and shall be dischargeable only for cause.” This provision (set forth in full, below) defines what constitutes “cause” and provides for a right to consent by the Council under which the termination decision must be affirmed by at least 3 members for it to become effective.

Whatever it may be, Mayor Ireton’s decision whether to retain or replace Chief Webster or anyone else should be made as soon as possible.

§ SC2-10. Procedure for discharge of certain department heads.

All department heads shall serve during good behavior and shall be dischargeable only for cause. “Cause” is hereby defined to mean either incompetency, inefficiency; neglect of duty; malfeasance, misfeasance; insubordination; habits or traits of character which render retention in employment to be against the public interests; material violation of the City’s drug and/or alcohol use policies as established from time to time; a continuing mental or physical disability of such a nature as to prevent adequate performance of duties (subject to applicable federal or state laws prohibiting discrimination against disabled individuals); or any conduct tending to prejudice good government or tending to bring the City, or any agency thereof, into public disrepute.

If the Mayor decides that a department head should be terminated, then the Mayor shall serve a written notice upon the department head at least thirty (30) days in advance of the intended termination date. The written notice shall set forth a brief summary of the cause or causes upon which such termination is based. Within five (5) days after receipt of such notice, the department head may elect to have a hearing on such termination by serving a written notice of such election upon the City Administrator, in which event the department head’s termination shall be deferred until a decision is rendered in connection with the hearing. A hearing before the Mayor and City Council will then be scheduled within twenty (20) days from the date of service of notice of the election by the department head. The hearing shall be closed to the public and be conducted in accordance with such rules and procedures as may be proposed by the Mayor and adopted by the Council, from time to time. Sworn testimony may be provided at that time.

After the conclusion of the hearing, the Mayor and Council may privately deliberate before rendering a decision; provided however, that a written decision must be rendered within five (5) days from the conclusion of the hearing. In order to uphold the termination of the department head, the vote of the Mayor and at least three (3) votes of the Council must be in favor of termination.
The Mayor shall have the power to suspend without pay any department head upon whom a notice of termination has been served pending the outcome of the termination hearing before the Mayor and Council. If the termination is not upheld, nothing herein shall prevent the Mayor from taking other disciplinary action with respect to the department head. [1959 Code, sec. 295] [Added 9-9-57 by Ord. No. 765A as sec. 14A; Amended 5-23-05 by Res. 1247]

46 comments:

Anonymous said...

The City Charter needs much revision and badly!

And Chiefy should resign!

Anonymous said...

are you getting nervous Pam Oland? you should.

doug wilkerson said...

With-out control of the counsel he is dead in the water. Those three loons will stand in the way of everything he wants to do. Just because they can. We aint done with the MARE yet.

Concerned Retiree said...

incompetency, inefficiency; neglect of duty;

Are these terms that would describe the increase in crime and the decrease in the Publics safety under the the watch of the Police Chief? Is it not the main job description of the Police Chief to keep the Public as safe as possible and to aggressively fight crime? Is it not the Police Chief's duty / responsibility to institute policies and procedures to fulfill these duty requirements. Also the Police Chief should be mandated to leave within the City limits or at least within 5 miles of their work.

Anonymous said...

Well the second stated reason, inefficiency, is enough right there. While living in another city/county and driving a Salisbury city vehicle to and from work certainly is not efficient in my book. He should have been let go long ago.

Anonymous said...

"Their greatest focus is probably on the Police Chief, who is particularly objectionable to many City residents..."

Is this an opinion or is there an independent, broad survey or poll of a large sampling of city residents to support this statement?

Anonymous said...

10:55-

It's not an unqualified statement -- didn't you notice the word "probably"?

Speak with a representative sample of City residents and you will hear much concern about Webster.

And what does the election result say about this?

Anonymous said...

Mayor Ireton, must find a way to replace the current chief of police.

As a dedicated member of the out going mayors team Webster can be counted on to to undermine and discredit Mayor Ireton's agenda.

As crime in Salisbury is the most important area demanding the new Mayors attention Webster must go.

If Tilghman could fire Dykes than Ireton must find a way to dismiss Webster.

When the new Chief is hired there abosutely should be a contract requiring the Chief to live within the city limits of Salisbury or at least within Wicomico County. His/Her response time to the city should take no more than 15 minute's.

Anonymous said...

If you can't fire him, demote his sorry butt. Put him in a uniform and make him walk a beat in Newtown, Church St or the West side. Take away his car and reduce his salary to that of a patrol officer. He won't stick around long if he actually has to earn his keep.

Anonymous said...

gut his salary...or work to merger SPD with Wi Co Sheriffs office

Anonymous said...

anon 11:38am has the correct idea.Make him earn his pay and put back in uniform and ship his butt back to howard county or whereever!

Anonymous said...

everyones' hitting on the chiefy, lets not forget that Oland wasn't here for at least two of the Citys audits,she was on leave or vacation while everyone else was doing her job. she needs to get focused or get fired as well.

Anonymous said...

These crooks should also be fired-Pam Oland ,Lore Chambers ,Paul Wilbur, and John Pick. They are accomplices in all of the lies,corruption,dishonesty and incompetence of the Barrie Tilghman regime.

Anonymous said...

well said! 12:24

Anonymous said...

never worked in howard...BAL CO rat squad leader

For those of you not in Law enforcement, that would be Internal Affairs Chief

I have a nice academy pic of his class I'd like to post here

Anonymous said...

12:42 --

Did Big Al have that 5th Avenue wardrobe when he was a cadet?

Anonymous said...

Anon 12:24 - and think of all the money that would be saved by getting rid of those clowns. Hell, I'd work for half of what they make. Good luck to Jim.

Anonymous said...

necer hire an Internal Affairs guy. They are and will allways be a pupet for whoever is in charge. I think the mayor will make an honest, well thought choice in the matter. In light that officers are still leaving at a high rate the city is footing the training bill. There are some great choices around the area that would be a nice fit for the job. If Chief Webster values his he will make major changes in the way he does business.

The fact that Jim Ireton has attended the last couple F.O.P. meetings lets me know this man cares and will do what is best for the city and his staff. That is more than I can say for some current leaders.

Ireton realizes the F.O.P. is not a union but a fraternal organization that represents the welfare of all police officers and their families. He has gained my respect just by showing he does care about the city and the rank and file.

Unlike his counterparts just down the hall. That have attempted to lead the public to believe the F.O.P. is after the tax dollar and frivolous benefits. It will all come out in the wash soon enough.

I still do not understand how so many counties, cities, and towns can have a comprehensive insurance package. Yet the hub of the shore Wicomico County can not afford this. It speaks volumes as to the money management of the council present and past.

The sweeping changes in Salisbury City are indictive of the changes to come on a county level. It is time to look for those who will keep their word and do as they represented to the voting public.

I for one am sick of the misleading information and flat lies that were told during the campaign trail.

Tick Tock ladies and gentlemen time will fly just ask your buddy barrie.
Good luck all

Anonymous said...

The Tilghman-Polk court case was a strange one. The peace order was granted by the judge, but the assault charge was a nolle pros, as was the false imprisonment charge against Tilghman by Polk's husband.
To this day many wonder why the assault charge was nolle prossed. Regardless, the peace order was granted, indicating that the judge acknowledged that some form of assault did occur, based on the testimony of other witnesses. That the Chief intervened and separated them before the next blow was struck says that he, in fact, did witness some portion of the assault, if not the initial striking. It's evident that the Chief, while perhaps telling the truth, didn't tell the whole truth.
Since that 2003 episode, the Chief has tried to pull the wool over the public's eyes on more than one occasion. Telling the public that crime is down but only referring to a narrow time period is not lying, per se, but it isn't telling the whole truth, either. Continuing to tell the public that the department is at full strength when it isn't is, however, lying. Telling the public that the noise ordinance wasn't aimed at controlling student behavior was a lie, too, one that he shared with Council Vice President Comegys and Mayor Tilghman, two others documented as being well-versed at lying to the public.
One could say that the Chief was only protecting his job, which is held and performed at the pleasure of the sitting mayor. This, however, doesn't absolve him of the responsibility that he has as a sworn member of law enforcement. It makes one wonder if there were or are people serving time based on his courtroom testimony as a Baltimore police officer, and how many Baltimore officers either lost or kept their jobs as a result of his perhaps questionable testimony when he was a member of the Baltimore PD Internal Affairs Division.
It would seem that if Mayor Ireton has it in mind to replace the Chief, either by promoting from within or hiring from without, he has legal footing to do so, but not without a fight from the Chief, which could be a lengthy and expensive proposition. He won't go quietly. If he decides to demote the Chief, which isn't likely, look for more legal wrangling. If he considers keeping the Chief in place, the questions have to center around whether or not the Chief is worthy of Ireton's and the public's trust. That worth has already been decided in some circles, but it's Ireton's call in the end..

Anonymous said...

1:58 --

Unfortunately, Ms. Polk had a goofy lawyer - he was late in getting to the trial, and was not impressive when he got there. And of course Ms. Tilghman had a high priced legal mouthpiece, compliments of her parents. All in all it was a tragedy for justice.

Anonymous said...

Today is a new day, and I am certain the Mayor Ireton will be fair, and make his decisions on performance, not rumor, and ill will. (though most that have performed badly know that they were in the BT's pocket and their performance is well documnted.)

I am certain, Mayor Ireton will make his decisions honestly and with moral interpretude.

Anonymous said...

It does not look good for those who wish Chief Webster gone. Ireton stated today in an interview aired on 1320 this morning that he was not going to dismiss or replace any department head.

Anonymous said...

if ireton can get rid of webster, who at the spd would make a good chief?

Anonymous said...

2:38,
At least not right away . . .

There are significant limits to what he is allowed to do thanks to the lousy city charter. But short of firing someone, there are many options (reassigning is a good one)!

Ireton is a smart guy, and he has a good team behind him. People will be given a fair chance to get on board, but slackers will need to get out and find a new job.

Anonymous said...

2:38 PM - If he does not replace or dismiss any department heads, perhaps they will leave on their own accord after they see how he operates, i.e. truth and the American way. This city can't keep going down the same road Barrie was going or there is not going to be a Salisbury, MD.

Anonymous said...

Maybe Webster can sit in on of the substations and meet/greet his public. Oh that's right, he may actually have to do something!

Anonymous said...

2:45...that would be no one! No one at SPD anyway! That 3rd floor is so backwards!

Anonymous said...

sub stations do not work people!

Anonymous said...

For some of us who worked in the Dept. (Baltimore County Police) while he was there, we never forgot about all the shenanigans he pulled from his cush 3rd floor office in Towson.

-Someone should look into his retirement record (or why he was forced out) with that agency.

Chimera said...

No one will ever hold a candle to Chief Dykes.....

Anonymous said...

11:55 The "probably" you refer to relates to "their greatest focus," whoever "their" is. "[The police chief] who is particularly objectionable to many city residents..." is a qualified statement. So again I refer back to my original question.

Anonymous said...

Jason Dykes for SPD Chief

Anonymous said...

Maybe it is possible to create a position to be in charge of the chief : )

Get rid of Lore Chambers to fund this "Inspector" that will take over the SPD. Chiefy either works or quits, no if, ands or buttz. And take away his free ride.

Anonymous said...

I hope this includes county administrator

Anonymous said...

Webster is a lazy piece of crap who must go as soon as possible. He openly campaigned against Ireton and has done nothing to help keep the city safe. The voters called for change, and change we shall have. The weasel must go.

Anonymous said...

Blutojthetotmom - Sure someone will: Mike Lewis!

Coulbourn would have never agreed to step down without a fight, if he was not guilty of something. And the City agreed to keep that "something" in confidence in exchange for his resignation. Remember?

Anonymous said...

All the more reason for a recall, starting with Smith. Ireton will be undermined. Tonight was a disgrace. Did you hear the NAYs yelled by the audience when the 3 did it again making Smith their prez instead of Campbell?

Anonymous said...

Mr./Ms 12:00 AM

You are wrong. After Chief Dykes had resigned, Barrie made a major but unsuccessful effort to have him indicted. Surely he realized that she had the power of the public purse and to defend in order to retain his position with the SPD would have ruined him financially.

Some day the full details may become known and you will see Barrie in a true light.

Although Barrie can't be held responsible for the tragic accident that claimed Chief Dykes and Col. Elliott, she is responsible for the terrible police chief who has served during her tenure as mayor.

Anonymous said...

Should heads roll? Does a bear sh** in the woods?

We need fresh new changes in a lot of places. Not smart to make an abundance at first however the change in police chief and city attorney can happen, sooner the better. We've seen what they got and it ain't it.

Anonymous said...

Terminate Webster for (sub_standard) performance like they did 1 officer in Jan, 2009 which was total BS. (Mike)

joealbero said...

How about loafing and doddling?

Anonymous said...

Dear Tilghman administration,

McDonalds is hiring! lmao

Anonymous said...

Can Chambers and Wilbur and hire a new police chief. that's a good start

Anonymous said...

hiring a new city attorney is very important Jim, Wilbur will IMHO continue to provide confidential information to tighlman

you have to get rid of Wibur and cut them off at the knees. it was wibur, tighlman and pick that were with holding the info about the $45,000,000 lawsuit and the failures at the WWTP!

we were told by tighlman that she would elaborate on the WWTP situation the first week of April? It's the third week and we still don't know anymore than we knew at the end of March.

Anonymous said...

You need to definitly get rid of webster,wilson,and underwood.

webster has allowed these ofc. to comit acts of violence against residence of salisbury.

Who knows how many more people are in jail because of these officers.

I bet assault against a police officer is their number one charge so that they can cover up their acts of violence. Many people may lay in prison because of these criminals

Anonymous said...

webster is just as guilty as the police officers who has commited crimes of violence. I believe webster has done just as much covering up as wilbur did in the
$45,000,000 lawsuit. In fact with all these letters of complaints from residences in salisbury. Webster, ofc. wilson, ofc. underwood,wilbur and all other officers involved in crimes of violence should be dismissed. How can we protect salisbury when the people fear us. If a resident of salisbury commits a crime of violence he is detained to protect the people that rule should be applied to everyone. Not placed back in the street with a gun