PRESENT: L.
D. EGNOR, PRESIDENT
EARL “JR”
BLANKENSHIP, COMMISSIONER
ROBERT L.
BAILEY, COMMISSIONER
WILLIAM
T. WATSON, COUNTY ATTORNEY
GLENN
WHITE, COUNTY MANAGER
JUANITA
FERGUSON, ASSISTANT COUNTY
MANAGER
FOR PERSONNEL AND PURCHASING
L. D. Egnor, President, called the special meeting of the Cabell County Commission to order at 10:00 a.m.
L. D. Egnor, President, stated the purpose of the special meeting was to address a personnel issue dealing with Tom Bevins of the Home Confinement program.
Earl “JR” Blankenship, Commissioner, moved to approve taking the matter concerning Tom Bevins into executive session. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
President Egnor moved the meeting into executive session at 10:02 a.m.
President Egnor called the special meeting back to order at 11:40 a.m.
L. D. Egnor, President, instructed William T. Watson, County Attorney, to perform a full investigation regarding Home Confinement by whatever means necessary and to give a written and oral report of his findings when the special meeting would reconvene on August 28, 2002 at 10:00 a.m.
L. D. Egnor, President, recessed the special meeting at 11:45 a.m., until August 28, 2002, at 10:00 a.m. (Starting time to reconvene the special meeting was changed to 9:00 a.m. by public notice, posted on Monday, August 26, 2002).
L. D. Egnor, President, called the recessed meeting of August 16, 2002, back to order at 9:02 a.m.
PAGE TWO
Robert L. Bailey, Commissioner, moved to return to executive session. Earl “JR” Blankenship, Commissioner, seconded for purposes of discussion.
Robert L. Bailey, Commissioner, stated he had read a letter from Sheriff Kim Wolfe, in which the Sheriff stated that Home Confinement was his program and since he was in charge, should be included in the discussion.
Earl “JR” Blankenship, Commissioner, agreed with Commissioner Bailey that Sheriff Wolfe should be included in the discussion.
L. D. Egnor, President, stated that there was no precedent to incur the presence of anyone other than the Commissioners in an executive session and the question on the motion was whether to go into executive session.
William T. Watson, County Attorney, stated the Commission had hired Mr. Bevins and the Commission had the authority to decide the issue.
Sheriff Wolfe requested to make a statement but was informed by President Egnor that he was not recognized.
William T. Watson, County Attorney, explained that due to the seriousness of the matter, it was his recommendation that only the three (3) Commissioners and himself be included in the executive session.
L. D. Egnor, President, called for a question on the motion and the vote was as follows:
L. D. Egnor, President aye
Earl “JR” Blankenship, Commissioner nay
Robert L. Bailey, Commissioner aye
President Egnor moved the special session into executive session at 9:05 a.m.
The Commission returned to open session at 10:12 a.m. and L. D. Egnor, President, recessed the special meeting until 1:00 p.m.
L. D. Egnor, President, called the special meeting back to order at 1:00 p.m. and returned to executive session.
The Commission returned to open session at 1:10 p.m.
L. D. Egnor, President, called for a motion to enact the provisions of the document, which was drafted by staff and counsel during the executive session.
Robert L. Bailey, Commissioner, moved to approve the provisions of the document as drafted. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, President, read from the document the provisions for Tom Bevins to follow.
Lee Booten, Attorney, addressed the Commission on Mr. Bevins’ behalf, stating that this was not an agreement and therefore did not require Mr. Bevins’ signature. Mr. Booten stated there was some question as to the authority of the Commission to act in regards to Mr. Bevins due to the vagueness of the statue. Mr. Booten went on to say the document was a condition of Mr. Bevins’ continued employment, therefore, it was not an agreement. Mr. Booten requested a short recess to discuss the matter with his client.
L. D. Egnor, President, allowed 10 minutes for Mr. Booten to discuss the issue with his client.
Kim Wolfe, Sheriff, stated he was the supervisor of the program and should have been involved in the entire investigation. Sheriff Wolfe went on to say that no allegations had been directed to him and no information had been shared with him concerning this issue.
L. D. Egnor, President, stated he did not feel the Sheriff needed to be informed and he was not necessary to conduct the investigation.
Lee Booten, Attorney, returned and stated Mr. Bevins was willing to sign the document, with the understanding that Mr. Bevins would litigate to determine if the Commission had the authority to address the issue and that by signing the document Mr. Bevins did not agree with the contents but that if after litigation it was determined by the court that the Commission was acting with full authority, Mr. Bevins would live with the document.
L. D. Egnor, President, called for a motion to return to executive session.
Robert L. Bailey, Commissioner, moved to return to executive session. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, President, moved to return to executive session at 1:30 p.m.
L. D. Egnor, President, called the special meeting back to order at 2:02 p.m.
PAGE FOUR
L. D. Egnor, President, stated he would entertain a motion to rescind the previous motion of a six months probation period for Mr. Bevins.
Robert L. Bailey, Commissioner, moved to rescind the former actions of the Cabell County Commission and hold it for naught. L. D. Egnor, President, seconded the motion and the vote was as follows:
L. D. Egnor, President aye
Earl “JR” Blankenship, Commissioner nay
Robert L. Bailey, Commissioner aye
Robert L. Bailey, Commissioner, moved that for the reason the Cabell County Commission has lost confidence in Tom Bevins’ ability to effectively discharge his duties and responsibility of his position as Director of the Cabell County Alternative Sentencing Program, his employment is terminated effective immediately and further that the President be authorized to sign a letter acknowledging such action and present that letter to Mr. Bevins at this time. L. D. Egnor, President, seconded the motion and the vote was as follows:
L. D. Egnor, President aye
Earl “JR” Blankenship, Commissioner nay
Robert L. Bailey, Commissioner aye
L. D. Egnor, President, requested Sheriff Wolfe escort Mr. Bevins to his office while he removed his personnel belongings and to also escort Mr. Bevins to any primacies or other locations of county property, where he may have other such personal belongings. President Egnor further requested Sheriff Wolfe retrieve from him all matters deemed appropriate, including any weapons, badges, uniforms or other paraphernalia that was the property of the Cabell County Commission.
R. Lee Booten, Attorney, stated his objections to this request.
Robert L. Bailey, Commissioner, moved to approve employing Don Black as interim Director of Home Confinement, until such time as applications could be taken for a permanent employee to fill that position. L. D. Egnor, President, seconded the motion and the vote was as follows:
L. D. Egnor, President aye
Earl “JR” Blankenship, Commissioner nay
Robert L. Bailey, Commissioner aye
PAGE FIVE
L. D. Egnor, President, informed the Commission he had reason to believe the Chief Judge would approve this temporary appointment.
L. D. Egnor, President, adjourned the special meeting at 2:08 p.m.
____________________________________________
PRESIDENT,
CABELL COUNTY COMMISSION
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