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| Vol. 114, No. 52 |
December 26, 2007
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Split Court decides fate of ordinance enforcement officer
By LARRY SEE JR.
Messenger Staff
If ordinance enforcement officer Hank Schaffner continues to carry a weapon, he’ll be out of a job.
That was the result of a 4-3 vote Dec. 18 by members of the Meade County Fiscal Court at their final 2007 meeting.
Prior to the decision, county Judge Executive Harry Craycroft said he had been accused as the county judge of not allowing Schaffner to do his job.
“That is totally inaccurate,” Craycroft said. “I never once told this gentlemen he could not do the duties of his office and I don’t think anyone on this Fiscal Court has told him he could not do his duties, as was suggested he do, according to the title and position he holds.”
“I have had individuals gone out here and made statements that I am not allowing him to do his job and it is wrong,” he continued. “He could be doing his job and I have not stopped him from doing his job. I only told him to leave horses alone and since that time he has not messed with the horses. The rest of the duties he could perform. I just want to clarify that upfront.”
Craycroft also asked Schaffner not to carry his weapon, adding if he was willing to give up his weapon he would be recommended for both code and ordinance enforcement officer.
“If he is not willing to give up his weapon, then it is time we move on and put this issue behind us. It is time we get on with the business at hand and that the county needs to take care of,” Craycroft said.
Craycroft said he would entertain a motion stating that Schaffner had to give up his weapon, and if he did that it would be fine, but if he did not he would remove him from office, advertise and get on with getting the job done.
Chism asked what was the issue that Craycroft had with Schaffner allegedly not doing his job.
“What are you basing that on?” he asked. “The individual is still making inspections. What can’t he do? You understand there was a motion from a previous Fiscal Court that he could not go on private property. Is that the issue or is there another issue?”
Craycroft said there has been time to see how it has been going without having Schaffner enter private property.
“There has to be a motion made to do that (allow him to enter private property). That has not been changed. Right now he has been going out and making investigations from the road,” Chism said.
“I would be willing to entertain in the motion that he be allowed to go on property and do their investigation and that would become a Court record,” Craycroft said.
Magistrate Randall Hardesty moved if Schaffner wants to continue carrying a weapon that the Court replace him.
“We need to go on and move on and advertise for someone to do the job,” he said. Magistrate Steve Wardrip supported the motion.
Craycroft said he would be willing to amend the motion to state the person could enter private property.
“If he doesn’t give up the weapon, he will be replaced,” Hardesty said, in explaining the motion. “People are tired of hearing about this thing and it being hammered. We definitely need to do something. He is still sitting there and drawing a salary and not getting anything done and we need to do something.”
The vote capped an issue which has been simmering since June and, at times has divided the Court, as it did again last week. Casting votes against the motion were Magistrates Herbie Chism, Mark Hubbard and Tony Staples.
Supporting it were Wardrip, Hardesty, Craycroft and Magistrate Tom Goddard.
Following that vote, members moved to allow personnel to enter private property in order to complete their investigations. County Attorney Margaret Matney asked if the issue was in the ordinance, but it was explained the matter was a decision of a previous Fiscal Court and this Court was undoing it.
It was also explained the officer can’t enter property without at first giving a written notice and, perhaps, a phone call, to the owner.
“He”ll need his gun if he is going to walk around the property without notifying people,” Wardrip said.
“You remember that you said that,” planning commission vice chairman Allen Flaherty said. “It is part of the public record now.”
It was clarified the officer could only enter the property to investigate the one complaint and could not do so on adjacent parcels.
Before casting a unanimous vote on the motion, Goddard wanted to know what the issue was that prompted the previous Court not to allow him to enter the property to begin with.
Chism reminded the members if Schaffner didn”t accept the position, that they needed to hire a code enforcement officer. He suggested the planning commission members and planning and zoning administrator Barbara Campbell advertise for candidates, review resumes, conduct interviews and recommend a candidate to Craycroft prior to the February meeting. Staples supported his motion, which was adopted unanimously.
“If we are going to have a code enforcement officer then we need to look into having a code enforcement board,” Goddard said. “I would like to have a date for a work session for this.”
Craycroft said the Court could review this matter in January. “We’ll need that regardless, regardless of who it is,” he said.
Schaffner, who was sick last week and had presented a doctor’s note, will be notified of the Court’s decision via letter, Craycroft said.
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