The Fort Smith city Board of Directors met in a regular session Tuesday afternoon expecting to do a little fishing for a solution to recent recycling problems, but instead opened a whole new can of worms.
After tabling the recycling issue once again, the Board of Directors defied both the Fraternal Order of Police and a Fort Smith Firefighter organization when they voted to support a plan by chief of police Nathaniel Clark to scrap promotions from within the FSPD in favor of hiring “the best” applicants for supervisory positions.
It has long been the policy of the department to promote from within the ranks of the department for any position at the rank of sergeant or above.
Clark appeared before the civil service commission in May to request that he be allowed to go outside the department to make hires to fill those position.
Clark was denied that request, so two city directors decided to force the issue by placing a resolution of support on Tuesday’s agenda, thereby second guessing the very commission they appointed on the issue.
Despite claims to the contrary by at least one board member, diversity within the department seemed to be the underlying theme to the contentious discussion which led to a 4-3 vote in favor of the motion.
The resolution addressed a “workforce of the City of Fort Smith is reflective of the demographics of our City”.
City Director Andre Good opened the discussion saying the issue wasn’t about diversity and the board spent the next twenty minutes touting “diversity” as seven of the sitting directors threw out their thoughts on the proposal.
The resolution passed 4-3 with directors George Catsavis, Kevin Settle and Don Hutchings casting “no” votes.
Before the vote, Darrell Clark, president of the Fort Smith Professional Firefighters Local 33, spoke in opposition of the resolution saying the Firefighters stood with the FOP and believed the police officers would stand up for his organization if the roles were reversed.
Clark said he had met with most members of the board and was told there was a lack of qualified leaders in the police department and that outside applicants were more qualified.
“Diversity is another reason that has been mentioned in our meetings,” said Clark.
Clark said he maintained that here were qualified officers within the department to fill the positions and the status quo should be maintained for the sake of continuity.
He also intoned that the current system had been working for the fire department since 1899.
“Over our 118 plus years of service, every chief has been promoted from inside our department,” said Clark, adding that the Fort Smith Fire Department has achieved the highest ratings possible, which spoke to the continuity of the department.
Clark also spoke to the difficulty of recruiting and retaining qualified officer’s due to economic restrictions.
Mark Hallum, a representative of the FOP #39, then took over the microphone, saying he and the FOP members opposed the resolution.
“If you look around, check with any other large city in the state, they don’t allow outside applicants,” said Hallum, noting that Fayetteville was the only city he could think of that allowed it under certain circumstances.
“There’s a reason for that,” said Hallum. “A police officer in Fort Smith can’t go to Little Rock and take a test to be a captain or a major, can’t go to the State police and take a test for a supervisory role, can’t go to the FBI and take a test for a supervisory position.”
He said the FOP thought the civil service commission had made a fair decision regarding Clark’s request and asked the board to stand by that decision.
Director Keith Lau and Mike Lorenz made immediate motions and seconds to adopt the resolution, which fueled a spirited round of discussion.
In the wake of the civil service commission turning down Clark’s request in May, Good told one media outlet, “Our Civil Service Commission decided to do what I believe is the job of the chief. To do a job, just like we hired Carl (Geffken, Fort Smith City Administrator) and just like we were elected to do. How can we bring in diversity if we’re not opening up our application process?”
Yet at Tuesday night’s meeting Good implied diversity wasn’t the issue.
“This is not an initiative to diversify from the top down” Good said, directing his remarks to Clark of the firefighter’s union. “Diversity is just a small part of this issue as I see it. We’re talking about diversifying not just the police department but the whole organizational structure of the city of Fort Smith.
“Yes, that will include from the bottom, the middle and should include from the top.”
Catsavis was next to address the issue.
“This is a difficult decision for me to be in. I have always supported the police department 100 percent,” said Catsavis, who went on to say that dialogue between the chief, the FOP and the civil service commission was important.
“I don’t want to rush into some sort of decision if an amicable agreement can be reached between all the parties,” said Catsavis. “If I vote no for this that doesn’t mean I don’t support the chief and if I vote yes it doesn’t mean I don’t support the FOP, but I think we’re getting way ahead of ourselves on this.”
Catsavis said there should be constructive discussion between all the parties and that it shouldn’t be his decision to speak for the civil service commission. He said with all the variables and factors he couldn’t support the resolution “at this time”.
Director Lau commented that the resolution was non-binding showing support of the chief’s position and pointed out the commission did not take a vote on the issue, citing possible procedural problems because the head of the commission stated his position before he asked for the motion and discussion had been held.
“I want to state that I feel like I was elected to be a leader for my constituents and the citizens of Fort Smith and to make tough policy decision like this,” said Lau. “To look from a different perspective other than just the opportunities that are for the employees just in the department.”
“I can say that I think the word of the police department, the personnel of the fire department, and the civil service and I think the civil service commission is a valuable service to the officers and fire department,” said Lau. “But to not look at external candidates to find the best person regardless of how long they have been with our department is potentially closing out opportunity for people of color and different gender is a disparate policy.”
Lau said one of the priorities of the board has been promoting diversity in all departments and that passing the resolution was in keeping with that policy and reinforced that the city wanted the best person for the job. he then stated his support for the resolution.
Director Kevin Settle said he supports the chief but was looking at the vote from a long-term standpoint.
“What are we doing telling another commission or board that we don’t agree with that we’ll just adopt a resolution?” asked Settle. “What are the impacts on those boards and commissions going forward?”
“The board has appointed these citizens to these boards on a volunteer basis to make those decisions,” said Settle. “I propose that both chiefs sit down with the civil service and come up with a compromise but because that involves everybody involved.”
“Do we need to hire the best? Yes, but the first ‘whereas’ clause in this resolution does not say hire the BEST but talks about the demographics of our city,” said Settle. “I understand the need for diversity, I 100% support it, but you sit down and you come up with a compromise.”
He said the city needs to look at what other cities have done and whether he norm is to not hire from other states and how the situation is even addressed in other states. He said current problems with retaining officers would be amplified by sending the wrong signals by promoting from outside the department.
Lorenz said he did not understand why the city would not want Clark to not hire the best candidate just because they might be an outside applicant.
Lorenz admitted the commission was put in place by the board, but there is also an HR commission that dictates HR policy and how the departments can operate, and that is the only commission that can dictate hiring and hiring policies.
“From that point, in the resolution, we’re not forcing something to happen, we’re just saying we support the chief’s presentation of these proposals,” said Lorenz. “that the commission does with it can be their decision.”
Lorenz, while was one of the sponsors of the resolution, said he viewed the original “no” vote as “a question on their part where ‘we don’t know where to go and we need some direction’ in the matter.”
Lorenz said adopting the policy would be making a statement that the board agrees that that the city should hire the best candidate available.
“And I don’t know how to do that short of passing this policy,” said Lorenz.
“I’m also a big supporter of the civil service,” said Hutchings. “I think it’s an effective tool for accountability…. I don’t agree with every one of their decisions but I don’t want to nullify their value or do away with them.”
“Diversity is very important to me and in my 25 years here as a pastor, I can see it’s beginning to work and it’s working in a positive way,” said Hutchings. “It’s not just words to me, it’s actions. I’ve had the distinct honor of speaking at most of the African-American churches here in town…even in a weak moment they ask me to be the keynote speaker at a Martin Luther King celebration.”
Hutchings said passing the resolution would “almost be form of punishment for those officers who have “done what their supposed to do and gone by the rules” but pledged to work with Clark to find a solution.
Lau then reiterated his point that a vote for the resolution would be a “nudge” back to the table of the civil service commission “since they didn’t debate this issue and it died for the lack for a second and they didn’t really know what was proposed at the time”.
“This will push them to have that discussion and that’s when FOP and all the firefighters can come in and discuss the matter, “said Lau. “Let them decide how to handle this, and if they vote no, they vote no.”
Good weighed back in with comments directed towards Catsavis.
“Mr. Clark, being the professional he is that we hired from outside of Arkansas, would be the best person to know in this department from day to day if there is a need, not for diversity only, but a need to open up the application process to outside applicants.”
Good also addressed Settle’s comments on compromise saying the board does a lot of compromising to see things through, but that the board shouldn’t question the need of a department head.
“The compromise, in my opinion, would be for us to say we are searching for something less than the best candidates,” said Good. “We’re just going to go out and accept applications from mediocre applicants? To me, that’s the compromise.”
Catsavis then chimed in that he’s all for diversity and thinks it’s “fantastic” but says the underlying problem is “you have to pay people to do a job and I don’t think you’re going to attract quality people with the amount of money we can pay”.
“I just think there needs to be some fundamental changes from the perspective from the way the officers are treated, what their future is going to be,” said Catsavis before commenting that he had gone on a recent ride along and was embarrassed by the condition of the cruiser he rode in.
“It was falling apart…you go along and you hit a bump and the whole thing just rattles and shakes, the windshield rattles…it’s embarrassing,” said Catsavis. “I’d like to see things like that addressed but there needs to be a sit down involved and let’s all talk about this.”
Good added that the issues brought up about no pay raises, lack of cost of living steps and insurance increases were the direct results of the actions of the board “and they don’t even pertain to Chief Clark’s request”.
“Everything we heard, those are things that we did as a board,” said Good. “We decide the budget. We hear from the leadership of the department heads and then we either do or we don’t approve those things…. we did that. So, we get the information and we make those things happen.”
“But we can’t blame that on someone that hasn’t even been here,” said Good.
According to the city of Fort Smith website the Civil Service Commission is responsible for writing and enforcing rules and regulations governing the Fire and Police Departments.
The rules provide for the qualifications for applicants for appointment to the Police and Fire Department and provide for open, competitive examination to test the fitness of applicants.
In addition, the Civil Service Commission hears appeals by employees of the Fire and Police Departments concerning disciplinary actions.
The Civil Service Commission consists of five citizens of the City named by the Board of Directors to serve six-year terms. Members shall be citizens of the State of Arkansas and residents of the City for at least three (3) years preceding their appointment.
Members shall not hold or be a candidate for any political office under any national, state, county or municipal government, or be connected in any official capacity with any political party or organization. The commission meets on call.
Members of the Fort Smith Civil Service Commission include Charlotte Tidwell, Sam Sexton, Orval Smith, Robert Patrick Cooper and Marty Shell. All those members, except Cooper, was contacted by email Tuesday night through email addresses listed on the city of Fort Smith website. Cooper did not have an email listed.
Sexton replied to the email request for comments.
“At this time, it would not be proper for me to comment upon this resolution”, said Sexton. “I can, however, say that it has been an honor to serve as Chairman of our Civil Service Commission, where all Commission members serve without compensation and without reimbursement for any of our own expenses in serving on the Commission.”
“I serve on the Commission because I have personally been proud of our city and I support public safety and our fine law enforcement officers and firefighters, just as President Trump has announced that he does,” Sexton continued. ” The Civil Service Commission has been transparent in its actions, giving all citizens the opportunity to be heard on all issues before us, and the Commission protects the integrity of the process of becoming an officer or firefighter as well as the process to become a supervisor within the police and fire departments.”
“The Commission serves independently from the City Board of Directors and its function is to serve as one of many checks and balances with rules that are designed to protect all the citizens of Fort Smith,” said Sexton.
The text of the resolution passed in defiance of the wishes of the civil service commission reads as follows:
A RESOLUTION IN SUPPORT OF THE POLICE CHIEF’S PROPOSAL TO ALLOW EXTERNAL APPLICANTS APPLYING FOR SUPERVISORY POSITIONS IN THE FORT SMITH POLICE DEPARTMENT
WHEREAS, the Fort Smith Board of Directors has established a policy that the workforce of the City of Fort Smith is reflective of the demographics of our City,
WHEREAS, the Board of Directors and City Administration fully support the men and women of the Fort Smith Police Department,
WHEREAS, the Police Chief, with the support of the City Administrator, has requested the Civil Service Commission amend the Rules and Regulations of the Civil Service Commission for the Police Department by adding, “Section 12 – External Applicant Requirements,”
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The Board of Directors, via this resolution, supports and agrees with Chief Clark’s proposed changes to the Rules and Regulations of the Civil Service Commission for the Police Department and we encourage the Civil Service Commission to approve “Section 12 – External Applicant Requirements.”
Dennis W. McCaslin
Dennis McCaslin has been a longtime news and sports reporter for several media outlets in the Fort Smith area. He has also been a well known radio personality and play-by-play announcer for several years prior to joining InsideFortSmith.Com. He is the voice of the ArklahomaSports High School Game of the Week. E-mail: [email protected]
