The ordinance was proposed by Coucilman Everett “Mammaw” Gulley and would allow councilors input on personnel issues, which are currently handled almost exclusively by the mayor. This comes on the heels of an argument and physical fight between a city department head, Street Department Superintendent Leemon Moyers and an employee that he supervises, Matt Helms.
Under the ordinance, a new provision will allow city employees facing disciplinary action to have a public hearing. Any charges leveled against an employee must be filed by the mayor or department head with the City Clerk and a copy of the charges must be given to the employee at least two days prior to the hearing.
The employee must also be given a notice of the time and place of the hearing, which must be scheduled within three days of the filing of the charges. The City Council must also be notified of the upcoming proceedings.
Witnesses may be summoned by the Council, the person filing the charges and the employee through subpoenas issued by the City Clerk.
The hearing will be conducted either by the Mayor, or the Mayor Pro-Term in his absence. Council members may deliberate on the matter privately, but must announce the decision publicly.
If the Council finds that the charges are sustained, the employee may face a written reprimand, transfer, demotion, suspension for up to 90 days, dismissal, or a combination of such actions. If charges are not sustained, the employee will be restored to his or her previous position.
Employees of the city facing charges may choose to forego the public hearing and instead accept action by the Mayor.
The employee may be suspended with pay during the investigation, or without pay if there is sufficient cause to believe that the employee will create a dangerous or disruptive atmosphere in the workplace. If charges are not filed within 30 days of suspension, or if the charges are not found to be sustained, the employee will be restored to his or her position.
Demotions and transfers were also addressed, and may only occur after a hearing. If approved, the policy changes will be implemented immediately.
Councilor Evelyn Farmer inquired about the position of Mayor Pro-Tem, since it was mentioned in the new ordinance. Currently, no one is occupying the position. Farmer recommended appointing the council member who garnered the highest number of votes in the last election to the post, and the Council voted unanimously to accept the recommendation.
A second reading on an ordinance related to the Police Department was also heard Tuesday night. The position of captain was eliminated in the department because, as Police Chief Jeff Sharpe pointed out at a previous meeting, there had been no captain in a number of years and there are no plans to appoint one.
Councilor Gary Mills suggested to the Safety Committee that a meeting be held to discuss making a formal recommendation to property owners and citizens to keep emergency contact information in a designated place in their home, so that emergency officials are able to contact them if they are not home at the time of an emergency.
Chair of the Safety Committee Ronnie Carter agreed with Mills that such a recommendation is needed and called for a meeting of the Safety Committee at 6:30 p.m. on July 20th, before the next regular meeting of the Council.
Councilor Doug Hughes requested that the Safety Committee also consider implementing a requirement that all property inside the City display the street number. This move, if approved, should assist emergency responders in locating the correct address when responding to a call.
Councilor Rob Lincks was absent, but all other members were present.
The Middlesboro City Council meets at 7 p.m. on the first and third Tuesdays of every month at City Hall.
Lorie Settles is staff writer for the Daily News. She can be contacted at lsettles19@yahoo.com. Information for this article was contributed by Josh Wilkie.






