Staff Reports
After two executive sessions, the Jefferson City Council held a public hearing on a personnel matter between City Administrator Eric Kuykendall and Public Works Director Allen Whatley on Monday morning. Yet, they did not take any action on the matter.
The two-and-a-half hour meeting opened with Whatley requesting the discussions be held in a public hearing as allowed by the Open Meetings Act.
Kuykendall said he was okay with his being done in closed session. Council then adjourned to a 20-minute closed session to discuss “procedures” for Monday’s meeting.
Council then reconvened an open session, then immediately retired to closed session again to discuss the matter with Kuykendall.
The second closed session took approximately 35 minutes.
Returning to open session, Council took up the matter with Whatley.
“We have discussed with Eric some of the allegations against him, and our policies, and what we might make changes too, to correct,” said Mayor ProTem Jim Finstrom.
Whatley, represented by attorney William Hughey of Marshall, addressed the council with his concerns, occasionally asking direct questions of Kuykendall.
Whatley began his discussion by apologizing to his wife.
“I’d like to apologize to my wife for having to cancel our vacation as Rob [Baker] wanted this meeting today at 9 a.m., knowing I was on vacation,” said Whatley. “I’ve been to him three or four times over the last several months as this is the first step to take when there are problems in the city staff. I was told by him on these occasions, that he would take care of it, needless to say he has not. I believe it was being ignored until turned in a letter to the administrator and then went to the mayor’s house to give him one. My letter asked to be put on vacation until further notice, contrary to what Rob says and Eric stated in the email to the mayor and council for an indefinite amount of time. Rob did correct himself at a later time.”
“I had no idea there even was an issue going on,” Whatley continued. “I missed two calls from the sheriff’s office and one from a citizen. My wife and I had gone out as I was taking vacation on Thursday and Friday. I told the city secretary as I’m required to do. When I woke up, I returned the call… Sunday morning I came into town to do the water tests, and saw it was still and issue so I called the guys and I thought it was done. Until Wednesday.”
“Eric never asked me about the situation or about me not performing my job, and still has not,” Whatley said. “Rob asked if I had heard about an upset citizen coming to City Hall… Rob did not mention the email or that I had any wrong doing. Wednesday, I turned in my vacation letter.”
“I’m sure this council knows I’m an hourly employee,” Whatley said. “I do not get paid to answer the only after hours phone in this city. But they are blaming me for not doing a job they do not pay me to do, and have never paid me to do. Rob advised me Thursday evening about this meeting. Said had to be today to resolve this issue. That I needed to come to council and express my problems with Eric.”
Whatley suggested Council request other City employees to come down to the meeting and express their concerns about Kuykendall, what they knew of the situation, and other issues Whatley raised.
Three employees, the City Secretary Melissa Boyd, and Gary and Barbara Amburn, came and spoke to Council.
In questions following Whatley’s statement, Finstrom as Whatley who provided him with a copy of email, to which Whatley said he would “not disclose” the identity or if it was a city employee.
“There has been an issue with communications,” said Finstrom, “Are you suggesting you would not be able to continue to in your job with Eric as your supervisor?”
“Did Eric suggest this in your second email?” responded Whatley.
In the email Whatley said Kuykendall wrote, “quite frankly I do not want to work with Allen and he does not want to work with me.”
“Is that an insurmountable situation – either you or he has to go?” said Finstrom. “I’m asking you that. Are you saying that you can work with him?”
Whatley did not answer beyond that it was up to Kuykendall.
The discussion then focused on the vacation notice, with Finstrom asking if Whatley had provided any advance notice.
“No, nor does any other employee,” said Whatley.
“Do you see how that could be necessary,” asked Finstrom. “I believe City policy on employees to give two weeks’ notice.”
According to the City Employee Handbook, requests for vacation only must be approved by the department head, city administrator, and/or the employee’s supervisor.
The handbook does not specify an amount of time in advance requests have to be submitted.
“No one follows that City Handbook, and if we do, we change the rules for any given situation,” said Whatley.
Whatley later said he feels his vacation was approved as he reports to the Mayor and the Mayor suggested Whatley take a few days off.
“On the vacation notice, you agree you gave it when you started your vacation?” asked Finstrom.
“I turned it in 1:30-2 p.m. Wednesday and it started the next day,” Whatley said.
“We’re a bunch of adults,” said Baker. “Some of these issues are petty, and some are serious issues. I look at that as a miscommunication at best. When two adults are working together and start squabbling, then you guys need to sit down and now it really means let’s meet as a council. A lot of this should have been two adults talking this out.“
“Would it be possible for you to take direction under someone else?” asked Ward 3 Alderman Ted Dickson.
“I’ve worked here for 12 years,” said Whatley. “You know how many mayors and city administrators have been through this city. I’ve never had a problem with an administrator, mayor, or employee in this city until now.”
“This is a fact-finding thing,” said Dickson. “We know that the council and city has problems with policies. I have never been in a business or work (situation) and have I (have )ever had an employee say ‘this is vacation’.”
Finstrom then addressed Whatley’s concern over Kuykendall posting on the Texas Municipal League website about a job opening that Whatley believed was for his position.
“Was there also an employee vacancy in your department at that time?” asked Finstrom.
“That is not for what the ad was running for,” said Whatley.
“What I posted was looking for a C licensed operator,” said Kuykendall. “Allen told me I wouldn’t get any responses, and he was right. There was a position open when I got here, according to the budget.”
Boyd was asked about the ad and over the claim Kuykendall said Whatley was leaving the city.
“It was in a discussion on what Allen does,” said Boyd. “He was trying to get a grasp on how water department works and asked how the call system worked. What to do if [Whatley is] not here. Eric mentioned it and [we] had a discussion based on a couple years down road.”
“The long and short of it is we need to have city policies that are clear to all employees,” said Finstrom.
“In listening to everyone, this has to be fixed,” said Ward 2 Alderman Robin Moore. “We’ve got to fix this, and I don’t know if the employee manual will fix it. I don’t know. I’d like to think about it and we’re here to gain information and let it gel. I would like to ask Allen if he’d be available to come back if we have more questions or other issues.”
“In support of Robin’s comment, obviously we have lot of process and communications issues we have to fix,” said Baker. “I think Allen and he have issues between them that may not be solvable. This happens in every corporation in the world. I think we need to look at the next steps and I’m not sure we have all steps thought about and discussed right now. Ultimately we have to function as city. Besides personality conflicts, more than that, there has to be a process that allows Allen to go on vacation and really be on vacation. What we need to do in the end is to put in place a process that works. Everyone has got to work together on that.”
“Are you still on vacation until further notice,” Finstrom asked Whatley.
“The meters have to be read, and I’ll be back to do that,” Whatley responded.
“It’s all in management,” said Moore. “The buck stops at the top. And if we don’t have good management and understanding, then this is what happens. We need to fix that.”
“Do I return to work and do my job as I have been?” asked Whatley.
“That’s up to you,” said Ward 3 Alderman Richard Turner.
Council ended the meeting without taking any action.
Kuykendall has elected to be on vacation until Monday. Whatley continues to be on vacation, but returning to work when needed.
The video of the full meeting can be found online at https://www.youtube.com/watch?v=HFIhx2hLMOs&t=3422s
The council will meet again on Tuesday at the Jefferson Transportation Center. The agenda for that meeting will be posted on Friday.