Mayor's firing ability questioned

Flomaton council takes no action on offering all employees option of having hearing

Some citizens and at least two Flomaton council members feel all employees of the town deserve to have an independent hearing if the mayor decides to terminate their employment.

Under the current system the mayor has the ability to hire and fire. Police officers, by Alabama law, have the right to to a hearing if they request such a hearing.

During Monday night's town council meeting, former Councilman Butch Lee said he felt all employees needed to have a hearing before the council if they were fired by the mayor.

“In the past we had issue over an employee being fired and we didn't know why,” Lee said. “It's easy for the council to tell the people seeking help that they have no control over employment.”

Lee said if the town can be run under one leadership, why does the legislative branch (the council) need to exist.

“What's the purpose of the council?” he asked.

Lee acknowledged that under the current rules the mayor has control over all personnel, but said employees need to know that their jobs are secure.

He noted that police officers can't be suspended or fired without due process.

Lee said all employees should have the right to a hearing before the council if the employee is being suspended or terminated.

“It rests with the legislative branch of the council to take what ever action you need to take,” Lee said. “If you care enough about the employees to do it and if you don't your lack of action will speak for itself.”

Town Attorney Chuck Johns did note that the mayor has the right to terminate employees based on the town's handbook.

“Our employees are not protected by us,” said Councilman Buster Crapps. “That's what concerns me.”

Crapps said if an employee is fired and files suit against the town the council will be involved in the lawsuit.

“In my opinion we need a board set up to protect us and the employees,” Crapps said.

Councilman Jim Johnson said under Alabama law, Flomaton was classified as a Class 8 municipality and the mayor has the right to hire and fire. He also noted that if the town changed its procedures, the employee would have to request a hearing.

“We have an obligation to protect our employees, who are good working employees,” Crapps said. “I believe in fairness. Give somebody due process.”

“I'm not job scared because I don't have no damn job,” Crapps added. “I want every employee to feel safe. I'm for the employees.

Crapps said employees need to be reprimanded instead of telling them 'bye'.

“If you don't change your attitude toward these employees, I'll see you never have a seat here,” Crapps said to Bondurant.

Bondurant said 99 percent of the employees have no problem with him. He told the council that he operates three stores and hasn't fired anyone in 35 years.

“It's not easy to do this job,” Mayor Bondurant said.

Bondurant had informed the council of a personnel change and said legally the council couldn't discuss it unless they went into executive session.

“You're good at covering stuff up mayor,” Crapps said.

Councilman Crapps and Councilwoman Lillian Dean both said they felt employees should have the option to a hearing if they are terminated or suspended.

No action was taken Monday.