Dispute over city e-mail is discussed
With City Attorney Bob Brookens at the council table June 16, the Florence City Council navigated its way through several personnel issues and multiple executive sessions. Councilman Dan Ludwig was not present.
About two dozen people from the community were in attendance.
Agenda items concerning the acceptance of the resignation of acting police chief James Parmley, a discussion with Rick Burcky, who maintains the city web site, and the proposed job description of the city clerk all were taken into executive session. The city attorney was present in the executive sessions.
Following an executive session for the purpose of discussing personnel, sensitive security matters, and attorney/ client privilege, the council returned to open session.
Councilman Randy Mills announced he would act as spokesman for the council in the discussion with Burcky.
Mills asked if Burcky agreed that a problem with city employee e-mail accounts (on the city web site) had been the cause of a recent misunderstanding between Burcky and the city. Burcky agreed that "to some extent a misunderstanding" had occurred over monitoring the e-mails.
In an interview with Burcky after the council meeting, Burcky said that after Police Chief Creighton Smith resigned, he noticed the police e-mail account was not being monitored. Thinking that time sensitive messages might be included, Burcky sought a solution to get the account supervised. Unable to get anyone to agree to monitor the account, he kept an eye on it himself.
At the council table, Burcky told Mills that as soon as he became aware of the e-mail problem, he first contacted the police department, then Florence Mayor John Lehman. A discussion of the problem between Burcky and Lehman left the problem unresolved.
"His last words to me were, "Let me think about it." said Burcky. "He didn't address the situation with me again."
"Some time later I learned that the county attorney's office had been contacted and that the city was asking that criminal charges be filed against me," he said. "The city contacted its attorney after the fact and even Mr. Brookens said there was no grounds for criminal charges."
Mills asked if Burcky's statements could be the result of rumors or a misunderstanding.
Burcky replied that most of his information had been independently verified and was not rumor. He said he felt the way the city handled the situation was wrong and illegal. "It should never happen to anyone," he said.
Mills said he didn't feel the council made any errors knowingly. He felt the lack of a firm contract between the city and Burcky's web business left too many gray areas. He suggested a formal contract be drawn up.
He also noted, "It's unfortunate that this thing went this far. But maybe its a wake-up call for us. I want you to know that your integrity was never questioned. We need to sit down, go over this e-mail problem so that we are all on the same page, and get a contract."
Mills turned the discussion with Burcky over to Mayor Lehman who stated he thought the city web site is a good web site and hopes it continues.
"I never felt there was any foundation for criminal action," he said. He added that he never told anyone this (Burcky's action) was criminal behavior. "I don't believe it was," he said.
Burcky, addressing Mills, said he would be willing to enter into a contractual agreement with the city to maintain the web site.
"All I ask is that in the future, if there is a problem, let me know," he said. "I emphasize here that from the beginning of this no one ever asked me!"
Mills agreed and the council set a special meeting for July 1 to take care of the e-mail problem and have a contract ready to consider.
Another matter discussed by the council was a communication from the Kansas Department of Transportation notifying the city that it plans to put a four-way stop at the U.S.-50/U.S.-77 junction north of Florence. KDOT cited the number of traffic accidents and fatalities at the intersection as the reason for the change.
General consensus among council members and people in the audience was that a four-way stop would increase, rather than decrease, the number of traffic accidents. Several suggested that an overpass would be a better solution, or a significantly lower speed limit.
City Attorney Brookens said he thought the city could present alternative ideas to KDOT. Mills said the council needed to find out who to contact to find out if the KDOT plan is cast in stone and proceed from there. Brookens will get the needed information for the next meeting.
Following a 20-minute executive session to discuss personnel, Brookens was authorized by the council to enter into negotiations with former police chief Howard Kahler, who was in attendance. Brookens and Kahler left the room and did not return before adjournment.
The council voted to adjourn the meeting, but reconvene at 9 p.m.
See FLORENCE, page 7
After reconvening, the council went into another executive session.
Upon returning to open meeting, members voted 3-0 not to accept Parmley's resignation, followed by a second 3-0 vote not to allow any Florence police vehicles to be housed outside the city limits.
During the lengthy meeting the council also:
— heard the last public reading of the franchise agreement with Atmos Energy.
— approved the appointment of Duane McCarty to the volunteer fire department.
— met with Jim Steele about the liquor store and car wash he intends to build next to Johnson's General Store. Steele was informed by the council that City Attorney Brookens is researching the easements at the site and what utilities may be in place on adjoining properties. The city will contact Steele as soon as Brookens has finished his research.
— heard from Florence Chamber of Commerce president Bill Dyar that with the city's permission, the Chamber would like purchase and install a drinking fountain at the pool. They also have volunteers lined up to paint the trim on the bath house and do some minor jobs. The council approved the chamber's requests.
— heard from Fire Chief Travis Parmley that the fire department is willing to supervise an area for children to shoot fireworks in the city limits on July 3.
Florence has an ordinance prohibiting the shooting of fireworks inside the city, unless the activity is sponsored by a group and pre-approved by the council.
The council agreed to bring it up July 1 at a special meeting. It will be discussed at that time if the burn ban has been lifted.
