The annotation following that section states:
"It is not the bare decision whether or not to discipline an employee that the executive session provisions allows to be made in privacy, but rather the discussion or consideration of particular acts or omissions of the employee whose conduct has been called into question so as to avoid adverse publicity and unjustified damage to the reputation of the individuals, allegations against whom later prove unwarranted." Commercial Printing Co. v. Rush, 261 Ark. 468, 549 S.W.2d 790 (1977).
I will not offer you or any of those gung ho to have an executive session any legal advice. You are not paying me for that and you don't listen to the city attorney. I will state that when you are sued for violation of the rights of these individuals, you will be individually responsible; not this city. In the words of Jimmie Wilson, "do whatever you are big enough to get away with." Just remember, as I have been told, the "moral arc of the universe is long but it bends toward justice." The day will come when you have a Galatians 6:7 "reap what you sow" moment.
Just keep being headstrong. The day will come and nobody will be able to do anything about it.
These people are entitled to notice and due process under these allegations. Merely placing their names for executive session is not enough and boarders on violation of their rights.
I am trying to fulfill my duty under the law. If you listen fine. If not, we'll see what happens.
On Fri, May 14, 2010 at 9:19 AM, Jay Hollowell <jayhollowell@gmail.com> wrote:
I feel it would be best if we remove John Huff from the Executive
session discussion for next week's council meeting since he is in the
midst of some legal action. If the council sees fit, he can be
brought up in a future executive session.
Thanks,
Jay
> Will either the Constitution of the United States or the Constitution of the
> State of Arkansas be included and considered in your process, approach,
> deliberations, discussions, and decision(s)?
>
> Are you, as apparent leader of the group, now substituting yourself for the
> prosecuting attorney?
>
> On Thu, May 13, 2010 at 4:51 PM, Jay Hollowell <jayhollowell@gmail.com>
> wrote:
>>
>> Any elected official that is mentioned in letter and is noted in the
>> attachment #1. I will say it one last time. This is for the discussion
>> of disciplining those so noted. I am not proposing anything at this
>> time.
>>
>> On Thu, May 13, 2010 at 4:29 PM, <mayorjfvalley@gmail.com> wrote:
>> > Which elected and what are you proposing to do to or with her or him?
>> > Sent via BlackBerry by AT&T
>> >
>> > -----Original Message-----
>> > From: Jay Hollowell <jayhollowell@gmail.com>
>> > Date: Thu, 13 May 2010 15:41:12
>> > To: <aldermen@googlegroups.com>
>> > Cc: Randy Hogan, Editor<editorial@helena-arkansas.com>;
>> > sports<sports@helena-arkansas.com>
>> > Subject: Re: [ALDERMEN:839] agenda
>> >
>> > Since I called for the executive session, I ask that Bob, John, Fred
>> > and only the elected officials of the 54 mentioned in Fletcher's
>> > letter be the subject of this executive session. That way we can
>> > handle the issue in a timely and orderly manner. We can deal with the
>> > balance of the 54 employees in future executive sessions.
>> > Thanks,
>> > Jay
>> > On Thu, May 13, 2010 at 2:19 PM, James F. Valley <jamesfvalley@me.com>
>> > wrote:
>> >> Which of the 54? What is the reason on Bob, John and Fred? What is the
>> >> reason for the 54?
>> >>
>> >> You say possible discipline. What is the range of punishment? What will
>> >> your
>> >> process be? What notice is has been or will be provided?
>> >>
>> >> Sent from my iPhone
>> >> http://www.valleyformayor.com/
>> >> http://jfvalley.blogspot.com
>> >>
>> >> James F. Valley, Attorney
>> >> 866-786-9885 Phone & Fax
>> >> 866-825-2460 Phone (city)
>> >> 800-517-7240 Fax (city)
>> >>
>> >> On May 13, 2010, at 2:00 PM, Jay Hollowell <jayhollowell@gmail.com>
>> >> wrote:
>> >>
>> >>> As I said before it will be for possible disciplining. The employees
>> >>> that will be discussed will be John Huff, Bob Gaston, Fred Fielder and
>> >>> the 54 officers/officials and employees mentioned in the Attachment 1
>> >>> information provided by the Prosecuting Attorney in his letter to you
>> >>> and the City Council dated May 7, 2010.
>> >>>
>> >>> On Thu, May 13, 2010 at 11:41 AM, James F. Valley
>> >>> <jamesfvalley@me.com>
>> >>> wrote:
>> >>>>
>> >>>> Who is / are the employees that will be subject to executive session
>> >>>> and
>> >>>> for
>> >>>> what reason(s).
>> >>>>
>> >>>> Sent from my iPhone
>> >>>> http://www.valleyformayor.com/
>> >>>> http://jfvalley.blogspot.com
>> >>>> James F. Valley, Attorney
>> >>>> 866-786-9885 Phone & Fax
>> >>>> 866-825-2460 Phone (city)
>> >>>> 800-517-7240 Fax (city)
>> >>>> On May 13, 2010, at 11:38 AM, sandi_101@email.com wrote:
>> >>>>
>> >>>> Will do.
>> >>>>
>> >>>>
>> >>>>
>> >>>> -----Original Message-----
>> >>>> From: Jay Hollowell <jayhollowell@gmail.com>
>> >>>> To: Sandi Ramsey <sandi_101@email.com>
>> >>>> Cc: City Council Group <ALDERMEN@googlegroups.com>; Randy Hogan,
>> >>>> Editor
>> >>>> <editorial@helena-arkansas.com>; sports <sports@helena-arkansas.com>
>> >>>> Sent: Thu, May 13, 2010 11:14 am
>> >>>> Subject: [ALDERMEN:833] agenda
>> >>>>
>> >>>> Sandi,
>> >>>> Please place an executive session on the agenda for next week's
>> >>>> meeting. The purpose of the session is considering disciplining
>> >>>> employees.
>> >>>> We also need a discussion on the latest letter from Fletcher Long on
>> >>>> the agenda.
>> >>>> Please also place discussion of travel reimbursement on the agenda.
>> >>>> Thanks,
>> >>>> Jay
>> >>>> --
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>
>
>
> --
>
> Stay informed: http://www.valleyformayor.com |
> http://friendfeed.com/jamesfvalley
>
>
> Honorable James F. Valley
> MAYOR - Helena West Helena
> P O Box 248
> 226 Perry Street
> Helena-West Helena, 72342
> 870-817-7400 Phone
> 870-817-4035 Cell
> 800-517-7240 Fax
>
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Honorable James F. Valley
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Helena-West Helena, 72342
870-817-7400 Phone
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