Dingman defends decision on new sanitation director hire, Director Catsavis supportive

While at least three members of the Fort Smith Board of Directors were not aware of a discrimination action in the background of the city’s newly hired sanitation director, Fort Smith Mayor Sandy Sanders and City Director George Catsavis are confident in the decision made by Acting City Administrator Jeff Dingman.

Dingman announced March 18 that Mark Schlievert, director of solid waste for water and sanitation operations in Berkeley County, S.C., was hired to direct the city’s Department of Sanitation. Schlievert’s first day on the job is set for April 18, and his annual salary is $85,000.

The job opened up when in early December Dingman fired Baridi Nkokheli “for violation of personnel policies and the code of business conduct.” Nkokheli, who held the job for more than 10 years, said reasons for his termination are unfounded and he plans legal action against the city.

During a two-year stint (2002-2004) as head of the landfill of North Iowa, Schlievert was part of an issue that resulted in the local governments that operate the landfill paying a former employee $350,000 related to a discrimination action. In 2002, landfill employee Robert Wilcox, then 58, hurt his shoulder on the job and had surgery. He had been with the landfill for 31 years and was a senior equipment operator, according to this Globe Gazette report.

Although a doctor cleared Wilcox to return to work, Schlievert blocked his return and said the position had been eliminated, noted the Gazette story.

When asked by Talk Business & Politics if he was the same same person involved in the discrimination lawsuit the landfill of North Iowa, Schlievert said he had “not been involved in any discrimination law suite (sic) anywhere.” Schlievert has not responded to two other requests for comment.

Dingman told Talk Business & Politics that he talked to Schlievert about the incident during the interview.

“He (Schlievert) was aware of the article about the Landfill of North Iowa, and stated that the facts were not accurate as reported. He was instructed by the governing board to do away with the employee’s position, and to inquire as to the employee’s retirement status. I was comfortable with his response,” Dingman said.

Dingman also was asked why Schlievert would tell Talk Business & Politics that he had not been involved with a discrimination lawsuit?

“Schlievert was deposed in the matter after he had changed jobs, but he was not named in and was not party to any suit,” Dingman explained.

Mayor Sanders said he was not aware of the discrimination issue, but that the Board has given the city administrator the ability to hire and fire department heads.

“He’s responsible for doing the hiring … and so, if he has the authority to do so, I expect him to exercise his best judgment,” Sanders said.

Catsavis said he trusts Dingman’s judgment.

“No we were not informed of this issue before Mr. Schlievert was hired. If the City Administrator Mr. Dingman is comfortable with hiring Mr. Schlievert that’s good enough for me. As you know we have lost several department heads recently and Mr. Dingman has shown competence in dealing with these issues in my opinion,” Catsavis said in an e-mail response.

Dingman said the qualities that stood out in Schlievert’s favor over the other candidates were experience in planning and operating landfills.

“In addition, he has a technical/engineering background, including design, construction and permitting of landfills,” Dingman noted.

City Director André Good is not as confident about Dingman’s decision, and has concerns about conditions at the Department of Sanitation. He is “very concerned with the lack of information shared with the Board.” He also noted that hiring someone with a discrimination action in their background “happens immediately following the termination of Baridi Nkokheli, the City’s only African-American Department Head by Dingman.”

Good also said other firings and resignations at the Department of Sanitation have “damaged morale within the department.”

City Directors Don Hutchings, Keith Lau, Mike Lorenz, Tracy Pennartz and Kevin Settle did not respond to questions from Talk Business & Politics on this issue.