FAIRHOPE, Alabama— Mayor Tim Kant and Police Chief Bill Press agreed last Wednesday to decide together on a recommendation for a hearing officer to hear cases involving six police officers facing termination.

At a Wednesday meeting of the Fairhope Personnel Board, Press informed the group that six of his officers could be facing termination decisions. The names of those employees could not be confirmed by deadline.

Paul Myrick, the city’s employment attorney, warned the group not to discuss specifics during the meeting of any employee facing proposed disciplinary action.

A new spirit of détente that occurred during the meeting between Fairhope’s oft-sparring mayor and police chief seems likely to prevail, at least temporarily, as they work together on making that recommendation for the appointment of an “impartial hearing officer” in law enforcement personnel cases.

The board learned from Myrick that the prior hearing officer in police personnel cases, Municipal Judge Haymes Snedeker, had submitted a letter of resignation, requiring the appointment of a new one.

“The judge’s letter said he had obtained an opinion from the Municipal Judge’s Association with which he concurred, citing two Alabama statutes,” Myrick told the board. “He stated he could not serve as the hearing officer with the executive authority to make the decision and actually impose discipline or not. He didn’t specifically say he was resigning, but I think he asked to be relieved.”

State law requires due process hearings in personnel cases involving law enforcement officers, Myrick said. Thus an “impartial hearing officer” is only required in police personnel cases, not for other city employees.

But state law is vague as to who appoints the “impartial hearing officer,” who makes those formal termination and suspension decisions for a city in police employee cases, he said.

“It could be the mayor as the appointing authority,” Myrick said. “Or it could be the mayor working with the council. I do believe there’s at least an argument that it’s concurrent authority.”

In short, Kant could have decided to make that decision himself, or fight with the council over the issue.

Instead, the mayor asked, “What about if the chief and myself working together were to come up with a recommendation and give that to the City Council for approval?”

Myrick said, “That would create a very viable approach.”

Kant looked across the conference table at Press and asked, “Does that sound OK to you?”

Press answered, “It does. I’ll be happy to meet with you sir. I look forward to it.”

Earlier in the meeting, Press said he had contacted Mobile Police Department Deputy Chief James Barber, who has agreed to serve as the hearing officer if appointed.

“He has a knowledge base of police-related matters, and he has received approval from his chief to do so,” Press said. “He’s completely impartial and knows how police departments are run and has no prejudice toward anyone and has no ties to the city of Fairhope, so that anyone who comes before him would have an impartial hearing.”

Myrick said, “Someone from outside would certainly seem to be impartial.”

Kant indicated he might agree to Barber as the hearing officer.

“I’ve always said it should be someone that understands law enforcement,” Kant said.

Press and Kant also agreed to present that recommended hearing officer to the City Council for approval, possibly by Monday’s council meeting.

Press said he had prepared a draft amendment to the Police General Order, the police department’s internal procedural rules, regarding the change in hearing officer appointment, which he said he hoped could be presented to the council at Monday’s meeting for their review and consideration.

Editor’s note: This is the first article in a series on personnel rule changes and related issues affecting Fairhope city employees.