FAIRHOPE, Alabama—Scheduled for a Wednesday hearing before the Fairhope Personnel Board, the first of what could be six disciplinary case appeals by police department employees facing termination was continued late Tuesday at the request of an …
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FAIRHOPE, Alabama—Scheduled for a Wednesday hearing before the Fairhope Personnel Board, the first of what could be six disciplinary case appeals by police department employees facing termination was continued late Tuesday at the request of an attorney for corrections officer Ronald “Tony” Avera.
Fairhope attorney John Beck’s written request for a continuance in that case was filed with the city late Tuesday, according to Pandora Jorgensen-Heathcoe, the city’s human resources director.
Jorgensen-Heathcoe said Wednesday she found out late Tuesday that Avera’s case had been continued to Jan. 9, but she was not sure who granted Beck’s request.
“I didn’t grant anything,” said Lorenzo Howard, personnel board chairman, by phone Wednesday morning. “I got a call late last night about it.”
The Wednesday hearing was announced by the HR director Monday afternoon, but no notice was given that the hearing had been cancelled until after the fact, and a public notice of the meeting was still posted on the City Hall bulletin board Wednesday at 10 a.m. when the meeting was scheduled.
Beck did not respond to a phone call and email messages for comment, but he reportedly also represents at least one or more of the five other police employees with pending cases, according to the HR director and others familiar with the cases. Those cases have also been continued to Jan. 9, according to those persons.
All 6 police employees have been on paid administrative leave for an indeterminate length of time, and all face possible termination, according to public statements made by Police Chief Bill Press, who has recommended their firings.
A high-ranking Mobile police officer was appointed by the city last month to serve as an “impartial hearing officer” to hear those cases, as required by state law. Police department employees can appeal those rulings by Mobile Deputy Police Chief James Barber to the personnel board, according to city rules.
That Avera’s case was scheduled for a personnel board hearing suggests he has already appeared before Barber, but that could not be confirmed by deadline.
Hearings before the personnel board are subject to the Alabama Open Meetings Act but not those before the hearing officer, according to city attorneys.
Reportedly, at least two other cases that were scheduled before Barber have also been continued.
According to several people familiar with the cases, the other employees facing termination are Sgt. Jeremy Anderson, Sgt. James Gilheart, officer Terveille Lee, officer Benjamin Taylor, and dispatcher Gina Dennis.
The two sergeants each earn $55,000 annually, the police officers $52,000, the dispatcher $38,000, and the corrections officer $36,000, according to city records.
By granting continuances in the cases, the period during which the employees are on paid administrative leave has been extended.
There are several other reasons for delays in the cases, according to city staff, mainly involving the need for appointment of a new hearing officer.
The personnel board met in early November to discuss the procedure for appointing a replacement hearing officer because a municipal court judge had given notice of his resignation from the position based on ethical considerations.
Discussion by Mayor Tim Kant, Press, City Administrator Gregg Mims and others at that meeting concluded with the determination to have a hearing officer appointed and the cases heard shortly after the Thanksgiving holidays, if possible, given that the cases had already been pending for some period of time.
It was not discussed at that time which person, hearing officer or entity, such as the personnel board, should be charged with making decisions regarding requests for continuances in which cases, or what the law requires in such situations.
Editor’s note: This article is the latest in a series on personnel policy and staffing changes affecting city employees and the public interest.