Altus Concludes Employee Investigation

Altus Concludes Employee Investigation

Lawton Constitution | 7/28/2012 1:35:00 AM

By: Ryan Osborne, Staff Writer 

http://swoknews.com/main.aspSearch=1&ArticleID=44642&SectionID=11&SubSectionID=99&S=1 

ALTUS – A mayor-initiated investigation into one of Altus' highest-paid city employees eventually just resulted in the city having to pay the employee for 150 days of work while he sat at home before returning this week.

City council members voted 7-1 July 28 during a special hearing to reinstate Dan Scott, Altus' electrical superintendent. Scott was placed on paid leave Feb. 23 after Mayor David Webb made a recommendation for his termination. Scott also accrued vacation time during his absence, Ward 1 representative and Vice Mayor Rick Henry said.

Because the issue was an internal personnel matter, the initial cause of Scott's suspension, and any evidence found during the investigation will remain confidential, Webb said Thursday. Scott could not delve into details regarding the investigation or why he was placed on leave, as he still has to meet with his attorney, he said. He returned to work Monday.

The city's fourth-highest paid department head, Scott makes $85,072 a year, according to the Altus Human Resources Department. That means he earned close to $35,000 during his nearly five-month stay off the job.

In the end, the council felt a lack of consideration for due process resulted in Webb's recommendation being denied, Henry said.

“Dan Scott didn’t win – the process won,” Henry said. “Protecting the process was more important than anything. Never once did I fight for Dan Scott’s job, but I did fight for the process.”

The decision to reinstate Scott was made before any evidence from the mayor’s investigation was even produced, Henry said.

“The council found due process had really not been followed properly,” Henry said.

Webb disagreed. He said that he felt he had worked within the parameters of due process and that Scott was not put at a disadvantage during any point in the investigation.

“We (Webb and the council) definitely had differences in the procedural process, and I have sought legal advice all along the way,” Webb said. “Throughout the process, I was concerned about making sure at every procedural conflict that (Scott) was protected.”

Webb’s and the council’s differences hinged on the interpretation of two state statures under Title 11 outlining mayoral power and how those statutes related to Altus’ policy outlining mayoral power, Webb said. Neither Webb nor Henry would say what specific problems the council had with Webb’s investigation process.

The council had been notified previously of the investigation, but Saturday was the first time it was able to meet and discuss the issue. The council received a packet six weeks ago from the mayor outlining his investigation, Henry said. The investigation had not been brought up during previous council meetings, according to meeting minutes. Saturday’s hearing was arranged via email.

“We knew there was a big investigation going on,” Henry said. “We were told to internally stay out of it so that we could be a non-biased hearing panel.”

Henry has heard concerns from citizens regarding Scott’s paid absence, he said.

“Remember, we cut payroll 10%,” Henry said. “A bunch of good people that worked for the city don’t have their jobs today, and we have one of our highest-paid employees sitting at home getting paid?”

Henry could not comment on the specifics but did say it involved eight different issues. Saturday’s hearing was a learning experience for the city, Henry said.

           “It was evident that our rules are weak, and we have zero rules in how we handled the hearing for this,” Henry said. “We have to roll up our sleeves as to how we need to go do this in the future.” The council and Webb had differences regarding the outcome of the meeting, but Webb did say Thursday that he’s willing to move forward and work together as a community to ensure a similar technical incidence does not happen again.

          “What I’m committed to doing is having a public meeting reviewing the policies and procedures and recognizing what we have to do to maneuver within those guidelines,” Webb said.

As vice mayor, Henry was the head of the meeting until the council voted to bring in an outside attorney from Muskogee, Joseph Vincent, to mediate the proceedings.

“We hardly vote 7-1 on anything,” Henry said. “The council thought this was the only direction we could go.