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The withdrawal of impeachment charges against Hannibal Fire Chief Tim Carter shifts the burden of proof in the case.
Had the impeachment gone forward, the city in its prosecution would have had to show that Carter was guilty beyond a reasonable doubt.
Now, Carter will have to convince a judge in an administrative hearing that a city panel acted improperly in suspending him by using what he claims are unfounded accusations.
It will be up to Judge David C. Mobley to decide whether the Fire Board followed city guidelines in what it believed was a legitimate basis for disciplining Carter.
A date for a hearing had not been set Wednesday, just a day after the City Council voted unanimously to drop the impeachment without explanation.
The reasons for Carter’s Nov. 5, 2009, suspension have not been made public, but sources have told the Courier-Post that the allegations closely follow the impeachment charges. The chief served a three-day suspension earlier in 2009, also without public explanation.
Carter’s attorney, Neil F. Maune, said Wednesday the chief was “very grateful” that the impeachment had been withdrawn, but added the case was “far from over.”
“We need to figure out where he and the city are going,” Maune said. “With regard to his continued employment, I think he wants what’s best for his family and the city.”
Carter has said he wants to continue as chief. He has held the job for almost four years and is up for re-appointment in September.
Mobley, Maune and City Attorney James F. Lemon must get together and choose a date for the administrative hearing. Mobley earlier put off the hearing while the impeachment proceeded.
Maune said additional depositions and evidence gathering may be needed, but it “certainly won’t be as laborious as the impeachment process.”
Lemon, who would have prosecuted Carter during the impeachment, on Wednesday again backed the Fire Board in its discipline of the chief.
“I think the Fire Board’s actions were reasonable,” he said.
Carter was accused in the impeachment of acting unprofessionally and being derelict in his duties for alleged fraud, dishonesty, insubordination and oppression of others in the department.
The allegations, which Carter refuted, dealt mostly with his purported actions on asbestos removal at Fire Station 3 and a former television studio that was being converted to a Fire Department administrative office. Carter also was accused of not following Fire Board directives.
Carter, 39, has been a Hannibal firefighter for 17 years. He continues to receive more than $5,700 a month in salary and benefits.
Under terms of his administrative leave, Carter would be paid through Dec.1, then resign and receive a full pension starting two years later.
The withdrawal of impeachment charges against Hannibal Fire Chief Tim Carter shifts the burden of proof in the case.
Had the impeachment gone forward, the city in its prosecution would have had to show that Carter was guilty beyond a reasonable doubt.
Now, Carter will have to convince a judge in an administrative hearing that a city panel acted improperly in suspending him by using what he claims are unfounded accusations.
It will be up to Judge David C. Mobley to decide whether the Fire Board followed city guidelines in what it believed was a legitimate basis for disciplining Carter.
A date for a hearing had not been set Wednesday, just a day after the City Council voted unanimously to drop the impeachment without explanation.
The reasons for Carter’s Nov. 5, 2009, suspension have not been made public, but sources have told the Courier-Post that the allegations closely follow the impeachment charges. The chief served a three-day suspension earlier in 2009, also without public explanation.
Carter’s attorney, Neil F. Maune, said Wednesday the chief was “very grateful” that the impeachment had been withdrawn, but added the case was “far from over.”
“We need to figure out where he and the city are going,” Maune said. “With regard to his continued employment, I think he wants what’s best for his family and the city.”
Carter has said he wants to continue as chief. He has held the job for almost four years and is up for re-appointment in September.
Mobley, Maune and City Attorney James F. Lemon must get together and choose a date for the administrative hearing. Mobley earlier put off the hearing while the impeachment proceeded.
Maune said additional depositions and evidence gathering may be needed, but it “certainly won’t be as laborious as the impeachment process.”
Lemon, who would have prosecuted Carter during the impeachment, on Wednesday again backed the Fire Board in its discipline of the chief.
“I think the Fire Board’s actions were reasonable,” he said.
Carter was accused in the impeachment of acting unprofessionally and being derelict in his duties for alleged fraud, dishonesty, insubordination and oppression of others in the department.
The allegations, which Carter refuted, dealt mostly with his purported actions on asbestos removal at Fire Station 3 and a former television studio that was being converted to a Fire Department administrative office. Carter also was accused of not following Fire Board directives.
Carter, 39, has been a Hannibal firefighter for 17 years. He continues to receive more than $5,700 a month in salary and benefits.
Under terms of his administrative leave, Carter would be paid through Dec.1, then resign and receive a full pension starting two years later.
