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Race questions arise at first meeting of yearMon, 01/21/2008 - 10:00am
By: Ben Nelms
It all looked simple enough. But it wasn’t. Annual housekeeping duties by Fairburn City Council in its first meeting of the new year Jan. 14 included the customary appointments of various city positions. But when the appointment of city clerk Nancy Faulkner came up Councilman Mario Avery asked for a delay, followed by a request by newly sworn in Councilwoman Elizabeth Hurst that the appointment of assistant city clerk Abril Montano also be delayed. The resulting delay by the council was followed by Faulkner Jan. 15 with charges of racial motivation. Avery said during the council meeting that he had questions about the city clerk’s availability at her post while Hurst qeustioned concerns over being unable to receive timely inforamtion from the assistant city clerk. The council apparently agreed, and those two positions were left without appointment. Neither Faulkner nor Montano were mentioned by name during the brief discussion. Faulkner responded the next day with her own concerns in a letter to the mayor and city council, citing motivations by Avery and Hurst that ventured far from issues of job performance. “Last night, Mr. Avery specifically expressed concern about my reappointment due to the lack of ‘availability of the City Clerk, regardless of whether or not there was a legitimate reason for it.’ He expressed concern for what was in the best interest of the city and suggested that it might even be in my best interest to leave the City on disability,” said Faulkner. “Mr. Avery’s decision to blindside me in a public forum concerning this matter is inexcusable. Federal law protects my right to privacy concerning my medical condition. Federal law also prevents my employment from being terminated for taking a medical leave of absence. The city’s policy also provides employees with sick leave and benefits to protect employees in the event that an illness occurs and I expect the city to provide me with the same rights and benefits that other employees have received when they have needed to take a medical leave of absence.” Faulkner also had comments over Hurst’s move to delay Montano’s appointment. “In spite of Ms. Hurt’s accusations, the citizens of Fairburn were never denied any public service due to my absence. Because of the intermittent and unpredictable nature of my illness, I took proactive measures to request that an assistant city clerk be appointed to represent me during any necessary absence,” Faulkner said. “This appointment was intended to allow someone else to sign official documents and respond to citizens’ requests for information. I took steps to ensure that Ms. Montano received the legally mandated training for city clerks, and I have also taken steps for other employees to attend training as well. However, in light of the current remission of my illness, it is not necessary to officially appoint an assistant city clerk.” Avery and Hurst said Thursday they had received a copy of Faulkner’s letter. Avery said he stands by his remarks at the council meeting as being consistent with having the best interest of the city and its employees in mind. “My effort on Monday night was to bring the discussion in private by simply asking to hold the entire list (of appointees),” said Avery. “As a result of being asked to approve the list with the office or various offices of concern, it identified the office of concern. I’m disappointed in (the failure of) my efforts to make sure that every city employee and staff in appointed positions is properly accounted for and available in any form or fashion, with or without legitimate condition,” Avery said. “My prayer was to make sure I serve. And I vowed to the people that I would not be afraid to ask and inquire about any issue in the city of Fairburn.” Referencing her request that more discussion be held prior to appointing Montano as assistant city clerk, a position Hurst said she was originally appointed to in January 2007, Hurst said the motivation stemmed from being unable on numerous occasions to get answers to questions posed to Montano. “I requested that we hold the assistant city clerk position simply because there were many times that constituents had called me or I had called city hall and the assistant city clerk was not available or if she was available she could never give me the firsthand information I needed,” Hurst said. “She always had to call Nancy or she would get back in touch with me. That was my concern. If she was acting city clerk she should be able to come forth with all the information as if the city clerk was there.” But Faulkner said there was more to the story. She said that other motivations existed in the move to delay the appointments. Those motivations, she said, ran into the realm of race. “I also need to inform council of a serious matter that I believe is related to Mr. Avery’s opposition to my reappointment. During the campaign period for the recent election, it was reported to me by employees and citizens that Elizabeth Hurst’s campaign agenda was to start a ‘race war’ in the city of Fairburn. It was reported that her priority was to get ‘whites’ out of City Hall and ‘they’ were going to take over ‘their’ city,” Faulkner said in the letter to the mayor and council. “Black employees reported to me that they were being called ‘Uncle Tom.’ Black citizens also told me that that Ms. Hurst wanted to cause racial problems in the city and that everyone did not support her racial agenda. In fact, Mr. Avery reported to me that if Ms. Hurst was to win the election that Abril Montano and I had better be prepared because she was going to come after us first. He repeated a comment that ‘A Hispanic person had no business being in such an important position with the City.’ I asked him if that ‘Hispanic person’ was Ms. Montano and he confirmed that there would be a racial attack against Ms. Montano.” “Other employees, including minority employees, have reported that they have witnessed Ms. Hurst ignore and snub white employees when they spoke to her but that she was very friendly with certain black employees,” Faulkner’s letter continued. “In my opinion, Ms. Hurt’s actions and comments certainly support the accusations that have been made concerning her intentions. I will not sit in silence and allow anyone, regardless of their position with the city, to illegally harrass or intimidate any of our employees. However, as the governing authority of the city, it is ultimately your responsibility to prevent illegal harassment and discrimination of your employees. It is also your responsibility to prevent any type of retaliation that might occur to an employee for reporting harassment and discrimination.” Avery said in response that, regardless of rank or status of any city employee, he always maintains a code that he only says in private what he says in public. Avery denied Faulkner’s claim that he had told her that, if elected, Hurst would “come after” Faulkner and Montano. “The letter that I received from Ms. Faulkner, I can say that my character speaks for itself as a person that has worshipped at every church in Fairburn and have gone to multi-cultural events and as a person that has gone beyond the call of duty to show that we’re one city for all the people,” Avery said Thursday. “This assassination on my character is totally ridiculous and I’m sure that, in the end, the people will see what I stand for. I think the people already know that apparently this is an attempt to assassinate my character. I had never indicated that Elizabeth Hurst was going to attack anyone in any form or fashion. Nancy is telling a falsehood beyond a shadow of a doubt.” Hurst said the racially oriented comments attributed to her were completely false. Her intention, she insisted, was to address the Faulkner’s availability to perform her duties and the competency of Montano as assistant city clerk. “(Faulkner’s) comments about me being a racist and my comments about me talking with city employees, calling city employees derogatory names, stating that my purpose was to get rid of the city clerk and city manager, those are complete falsehoods,” Hurst said. “I’ve never spoken to a city employee or anyone about any remark in terms of what Nancy referenced in her letter. So I was quite shocked when I read the letter, but I know the reason it was written. The issues are still at hand. The issue is whether or not she is available to work and whether or not the assistant city clerk is competent to have that position. All of those comments made about me not liking white people, Uncle Tom’s, taking over Fairburn, that is all untrue.” Finally in her letter, Faulkner said that in an effort to protect the city from possible litigation and to protect herself and other employees fromo future harrassment or retaliation, she suggested that Avery and Hurst direct their comments to the mayor, city administrator or city attorney. login to post comments |