Fort Smith Board talks domestic violence policy, Whirlpool pollution clean up

On the agenda was sex, violence and toxic water. Nope, it was not the latest original show from Netflix, but Tuesday’s study session of the Fort Smith Board of Directors.

Consuming a majority of the board discussion in a meeting that went well beyond its typical one-hour format was discussion of a zero-tolerance policy for domestic violence. The discussion, which briefly included review of the city’s nepotism policy, went somewhat off-agenda when City Director Keith Lau asked Fort Smith Human Resource Director Richard Jones if city employment policies include guidance for “letting police officers fondle prostitutes.”

The question stems from the controversial firing of Fort Smith police officer Don Paul Bales who made public an April 2013 arrest report in which an undercover police officer allowed a prostitute to begin to masturbate him prior to making an arrest. Bales was later fired for what Fort Smith Police Department leadership said was a violation of policy in making known the arrest report. Bales is suing to get his job back.

Fort Smith Police Chief Kevin Lindsey told Board members Tuesday that he could not guarantee something like that would happen again, but the department has taken steps to avoid missteps in such undercover work.

As to fraternization among employees, Jones said the city does not have a policy because people – even those working in the same work place – have a constitutional right to associate.

“But they shouldn’t have sex on the job,” Lau interjected.

Jones and City Administrator Ray Gosack were quick to reply that the city policy addresses appropriate behavior on the job and is typically quick to address such problems.

“We’ve been pretty consistent with that the last four years,” Jones said.

Rick Wade, an attorney with Daily & Woods, the city’s law firm, cautioned against a zero tolerance policy for domestic violence or other behavior. He said such rules can be legally “complicated” and may inadvertently limit response options by the city.

Jones said a review of the city’s employment policies indicates that the policies are comprehensive and standard, but said the Board might consider adding a policy to protect employees who are victims of domestic abuse. He also said the “words we have are appropriate” in addressing nepotism.

Input from Directors included Don Hutchings suggesting the city conduct a more thorough background check on all employees, and Tracy Pennartz and Kevin Settle recommended annual “sign off” by all employees of personnel policies.

WHIRLPOOL REPORT
Jeff Noel, Whirlpool’s corporate vice president of communications and public affairs, and Mike Ellis, an engineer with Environ, told the Board that TCE levels have decreased around Whirlpool’s plant in Fort Smith. Environ is consulting Whirlpool in the clean up effort.

The company closed the refrigerator manufacturing plant in June 2012, and later that year it was made public that trichloroethyclene – a cancer-causing chemical – was found in and around the plant. Whirlpool has been working to monitor and remove the chemicals, with oversight of the work handled by the Arkansas Department of Environmental Quality. ADEQ issued its first remedial action plan December 2013.

Noel said 83% of monitoring wells installed in 2014 show that the TCW plume is stable or decreasing. The 2014 work also indicates that no health risk is immediate, and the company has also worked with a majority of property owners to resolve property devaluation issues. Noel also said the company has done more than the ADEQ required, including monitoring the entire property boundary and increased monitoring inside the building.

According to Whirlpool’s annual report to the Board, the company has installed 202 “membrane interface probes,” 62 soil probes, 86 monitoring wells, and five temporary boundary wells.

As to the reuse of the former manufacturing part of the Whirlpool site, Noel said the company has two “very formal proposals” from companies interested in “strategic demolition,” “repurposing,” and “advanced manufacturing” uses for the site. He told the Board he hoped to provide more info on the redevelopment prospects “in the near term.”

Noel also said the company would present in April its first quarter report on TCE monitoring and remediation.

DIRECTOR CONCERNS
However, several Directors were ready with tough questions. Director Settle said he fears past pollution exposure that may have been underneath adjacent property used by the Fort Smith Boys & Girls Club. It was recently learned that part of the TCE plume was near the property, with TCE found in some wells on club property. Settle reminded Noel and Ellis that they initially said TCE was not near the club property.

“I am even more concerned today than I was a year and a half ago,” Settle said about his confidence that those who swam in a pool that was once on the club property were not exposed to TCE. “I was one of those kids there (in that pool).”

Ellis said he could not guarantee “nothing was there,” but said there are now no health risks on club property.

Director Lau noted that ADEQ recently questioned the pace at which Whirlpool was removing contaminated soil in a high TCE zone on Whirlpool property.

“I’m concerned because ADEQ is concerned,” Lau told Noel and Ellis.

Noel replied by saying that ADEQ is simply questioning the pace rather than demanding Whirlpool do more. He said the company and ADEQ have worked well together to set the plan or make changes “based on the science and facts submitted.”

“It’s part of the adaptive response process,” Noel said.

Noel nor Ellis would provide a yes or no answer when asked several times by the Board if Whirlpool had plans to accelerate removal of contaminated soil from the property.

Director Pennartz expressed concern that the recent info from Whirlpool is only a “point in time” report, and may not reflect what could happen to the pollution in future months. However, Pennartz said she is “somewhat reassured” with Whirlpool’s work because of ADEQ oversight.

Link here for details on the personnel policy discussion and the Whirlpool report.