Fort Smith hire/fire authority proposal produces intense discussion

The cracking thunder of lightning outside was no match for the fiery opinion from Fort Smith Mayor Ray Baker about a proposal to grant Fort Smith City Administrator Dennis Kelly greater latitude in hiring and firing city department heads.

The request is part of a review of city government Kelly announced in December that was initially to be complete by April. Kelly made the request in a May 7 memo to Mayor Ray Baker and the board of directors. Kelly asked for the hire/fire authority over all positions except city attorney, city clerk, internal auditor and the city prosecutor.

“Prior to completing the city’s organization analysis the city administrator has determined it necessary to solicit changes to the hire/fire authority of department heads such that they would come directly under the authority of the city administrator without board of director approval,” Kelly noted in the memo.

But at the board study session held Tuesday (May 12), Baker said in no uncertain terms he believed Kelly’s request was out of line, and at one point in his lengthy lecture called it “petty stuff.”

“I am not happy about this at all,” Baker said to Kelly.

Baker said he’s been affiliated with the board for years and the only problem with the existing hiring and firing rule was last year when then-City Administrator Randy Reed attempted to fire Fort Smith Police Chief Kevin Lindsey. The resulting controversy resulted in Reed’s resignation and the resignation of City Director Velvet Medlock.

“The current ordinance works,” Baker said.

Baker also used Kelly’s request to rant about the decline in prestige Fort Smith has suffered in past years, and existing infrastructure problems and other major issues facing the city. Baker suggested to Kelly the city “has bigger problems to solve” than the hiring and firing of department heads.

“I don’t think you are using your time wisely,” Baker said.

City Director Cole Goodman came to Kelly’s defense after Baker finished, saying that Kelly has been on the job only six months and is doing his best to try to manage through the problems. Goodman also said he could understand Kelly’s desire to have the same control over department heads that the department heads have over their employees.

Prior to Baker’s comments, only City Director Gary Campbell was supportive of Kelly’s request. Campbell said the request would allow the city to be run like a business.

City Directors Bill Maddox and Kevin Settle opposed Kelly’s proposal, with Maddox saying he would like to see Kelly’s reorganization plan before he considers altering the hiring and firing authority.

City Director Steve Tyler suggested a compromise, with the police and fire chiefs being added to the list in which board approval would be required before hiring or firing. Tyler said there remains a “mistrust of citizens” related to the Reed-Lindsey controversy and said the compromise “wouldn’t open up those old wounds.”

Kelly said he spoke with Lindsey about the proposed ordinance change and “reassured” Lindsey that his job was not in jeopardy.

“He is doing a good job,” Kelly said of Lindsey.

Goodman said he supported the Maddox compromise of tabling the proposed ordinance change until Kelly releases his reorganization plan. The board agreed, with Kelly saying he would present two reorganization options — one with the existing hire/fire authority, and the other with his proposed hire/fire authority.