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Caldwell terminated by Tyrone councilFri, 06/13/2008 - 3:40pm
By: Ben Nelms
It was over quickly for long-time Tyrone Town Clerk Valerie Caldwell June 10 when an executive, or closed, session by the town council resulted in a unanimous vote to terminate her employment. Though no specifics were given, Mayor Don Rehwaldt after the meeting cited concerns by the mayor, council and town manager over job-related issues. Some in Tyrone have long-predicted Caldwell’s termination. It came Tuesday night but, in doing so a portion of the proceeding violated Georgia law. The vote came after an executive session conducted by the council with town attorney Dennis Davenport at the end of budget work session. When the mayor re-opened the meeting after executive session, a motion was made to terminate Caldwell immediately. The motion was seconded and carried by unanimous vote without discussion or explanation. Caldwell had served as town clerk for nearly 20 years. According to the introduction in the Town of Tyrone Handbook, a statement to employees says, “Your employment is at will and for no specific period of time.” The “Standards of Conduct” portion of the handbook notes that, “Disciplinary actions generally follow a progressive disciplinary process.” The handbook also notes examples of infractions that could result in immediate termination. Speaking after the meeting, Mayor Don Rehwaldt did not give a specific reason why the termination was made. Rehwaldt did acknowledge that the town has a personnel policy and that it might include a procedure for progressive discipline. “There were some work issues that the town manager, myself and the council were unhappy about with the results we were getting from (Caldwell),” Rehwaldt said. “The council evaluated some of the things they received from her, some of the things they didn’t receive, some issues they didn’t feel comfortable with and they made the decision. It was the will of council, and that’s what they decided to do.” The action by the council was well within the realm of their authority. But regardless the intent of the personnel action, Tyrone officials appeared to have skirted Georgia law in the way Caldwell was terminated. Contained in the Georgia Open Meetings law, O.C.G.A. 50-14, is the the provision that the presentation of evidence or argument in disciplinary actions must be held in open session. In the case of the personnel action Tuesday night, any evidence presented or discussed that could be used as a reason on which to base a termination for cause was not held in open session. The law also says a board’s deliberation and discussion of the evidence is conducted in executive session. And a vote, if any, is taken in open session. A check with the office of the Georgia Attorney General Thursday confirmed those provisions. Attempts to reach Davenport were unsuccessful. Some in Tyrone were calling for Caldwell’s termination, as they did for that of former Town Manager Barry Amos, prior to the qualifying period for mayor and council seats in spring 2007. Allegations of a variety of improprieties relating to the job performance of Caldwell and Amos have existed for more than a year. Amos, with Caldwell in tow, was the central issue of last year’s election campaign. A majority of the questions posed at a candidate’s forum to those running in the mayoral and council races centered either directly or indirectly on Amos, and by extension, Caldwell. login to post comments
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