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Separate suspension and impeachment hearings for Hannibal Fire Chief Tim Carter will probably be open to the public.
A hearing date on the disciplinary action has not been set. The impeachment charges will be unveiled at Tuesday’s City Council meeting, and a date will be scheduled to vote for or against removing Carter from his job.
“The city does not intend to ask that the hearings be closed,” City Attorney James F. Lemon said Friday. “I don’t want allegations that it was improperly closed and therefore the outcome was inappropriately affected.”
Lemon said the impeachment charges would not be made public until the council and Carter had a chance to see them.
Carter said Friday morning that he had not seen the charges. His attorney, Neil F. Maune of Hannibal, said Friday afternoon that he also had yet to see the documents.
“I don’t know what’s in there,” Maune said. “It’s something Tim and I have to discuss.”
“It’ll be kind of interesting to take a look at them and see what they’ve got,” Carter said. “I don’t know what they have. I don’t know what they ever had. It’s whatever they can fabricate, I guess.”
Councilmen Jason Janes and Barry Louderman filed the allegations. The two Fire Board members voted last November to put Carter on paid administrative leave. They did not publicly offer a reason, citing city personnel codes.
Louderman said Friday it would be “unfair” to all involved to comment specifically about the charges, but said the decision to seek impeachment was not retaliation against Carter for requesting an administrative hearing on the suspension.
“I can’t tell you what the charges contain (or) why we decided this course of action,” Louderman said. “That will all come out Tuesday at the meeting. I can tell you it has nothing to do with (Carter) asking for a hearing in front of a judge. I’m comfortable with our position.”
“If it’s not retaliation, it’s pretty damn convenient and coincidental,” Carter said.
Janes said Friday the charges were the “next step in our process,” and agreed the suspension hearing and the impeachment should be open.
“I think the public has the right to know why things have happened the way they’ve happened,” Janes said.
Carter said he is “totally in favor” of open hearings.
“I have nothing to hide,” he said.
City rules will keep Louderman and Janes on the sidelines for the impeachment. They can attend and testify, but cannot vote.
The other four councilmen and Mayor Roy Hark, a retired fire chief, will decide whether Carter will keep or lose his job. Lemon said a two-thirds majority is required, meaning impeachment will not happen unless three of the five vote for it.
The impeachment will be similar to a court hearing. Lemon would be the prosecutor and Maune would offer the defense.
Municipal Judge Fred Cruse would oversee the proceedings. However, another judge may have to be appointed, because Cruse already has withdrawn from Carter’s administrative hearing due to a conflict and may do the same for the impeachment.
Carter, 39, is a 17-year department veteran who was appointed chief in September 2006. He continues to receive more than $5,700 a month in salary and benefits.
Under terms of the administrative leave, Carter would be paid through Dec. 1, 2010, then resign and receive a full pension. It is unclear how his pension would be affected if he’s removed from office before Dec. 1.
“I’m always concerned about my financial well-being and my pension and the years of work I have with the department,” Carter said.
The last time Hannibal was embroiled in an impeachment controversy was in 1985, when three councilmen threatened to file charges against then-Mayor Richard Cerretti over alleged misuse of city equipment and abuse of power.
Cerretti resigned before the charges were heard, and lost a re-election bid during a special vote in February 1986.
Separate suspension and impeachment hearings for Hannibal Fire Chief Tim Carter will probably be open to the public.
A hearing date on the disciplinary action has not been set. The impeachment charges will be unveiled at Tuesday’s City Council meeting, and a date will be scheduled to vote for or against removing Carter from his job.
“The city does not intend to ask that the hearings be closed,” City Attorney James F. Lemon said Friday. “I don’t want allegations that it was improperly closed and therefore the outcome was inappropriately affected.”
Lemon said the impeachment charges would not be made public until the council and Carter had a chance to see them.
Carter said Friday morning that he had not seen the charges. His attorney, Neil F. Maune of Hannibal, said Friday afternoon that he also had yet to see the documents.
“I don’t know what’s in there,” Maune said. “It’s something Tim and I have to discuss.”
“It’ll be kind of interesting to take a look at them and see what they’ve got,” Carter said. “I don’t know what they have. I don’t know what they ever had. It’s whatever they can fabricate, I guess.”
Councilmen Jason Janes and Barry Louderman filed the allegations. The two Fire Board members voted last November to put Carter on paid administrative leave. They did not publicly offer a reason, citing city personnel codes.
Louderman said Friday it would be “unfair” to all involved to comment specifically about the charges, but said the decision to seek impeachment was not retaliation against Carter for requesting an administrative hearing on the suspension.
“I can’t tell you what the charges contain (or) why we decided this course of action,” Louderman said. “That will all come out Tuesday at the meeting. I can tell you it has nothing to do with (Carter) asking for a hearing in front of a judge. I’m comfortable with our position.”
“If it’s not retaliation, it’s pretty damn convenient and coincidental,” Carter said.
Janes said Friday the charges were the “next step in our process,” and agreed the suspension hearing and the impeachment should be open.
“I think the public has the right to know why things have happened the way they’ve happened,” Janes said.
Carter said he is “totally in favor” of open hearings.
“I have nothing to hide,” he said.
City rules will keep Louderman and Janes on the sidelines for the impeachment. They can attend and testify, but cannot vote.
The other four councilmen and Mayor Roy Hark, a retired fire chief, will decide whether Carter will keep or lose his job. Lemon said a two-thirds majority is required, meaning impeachment will not happen unless three of the five vote for it.
The impeachment will be similar to a court hearing. Lemon would be the prosecutor and Maune would offer the defense.
Municipal Judge Fred Cruse would oversee the proceedings. However, another judge may have to be appointed, because Cruse already has withdrawn from Carter’s administrative hearing due to a conflict and may do the same for the impeachment.
Carter, 39, is a 17-year department veteran who was appointed chief in September 2006. He continues to receive more than $5,700 a month in salary and benefits.
Under terms of the administrative leave, Carter would be paid through Dec. 1, 2010, then resign and receive a full pension. It is unclear how his pension would be affected if he’s removed from office before Dec. 1.
“I’m always concerned about my financial well-being and my pension and the years of work I have with the department,” Carter said.
The last time Hannibal was embroiled in an impeachment controversy was in 1985, when three councilmen threatened to file charges against then-Mayor Richard Cerretti over alleged misuse of city equipment and abuse of power.
Cerretti resigned before the charges were heard, and lost a re-election bid during a special vote in February 1986.
