Member's residence in question

Validity of LR Civil Service Commission rulings in limbo

Officials are trying to figure out whether one of the Civil Service Commission members is actually a Little Rock resident and eligible to be ruling on appeals by suspended or fired city employees.

City Manager Bruce Moore said that the residency of one of the Civil Service Commission's seven members, Brett Morgan, came into question Friday, a day after he was one of four votes to overturn the month-long suspension of Little Rock police Lt. David Hudson, who was punished for using excessive force in an October 2011 arrest.

Morgan joined the volunteer civilian board in May 2013 along with Paula Stitz and Chairman James Hudson -- no relation to the police lieutenant -- for six-year terms. All members are required by state law to have been Little Rock residents for at least three years in order to sit on the board, according to city officials.

If officials conclude that Morgan resides outside of Little Rock, not only will he no longer be eligible to sit on the commission, but the body's past rulings on suspensions and terminations of police and fire employees could be affected.

"We are reviewing the information we have at this point," Moore said. "As soon we get some clarification, we'll make a recommendation on whether he's eligible or not."

The city's website lists addresses and phone numbers for its seven Civil Service Commission members.

Morgan's address is listed as 1500 N. Shackleford Road in Little Rock, which is the address for North Point Volvo, an auto dealership where Morgan once worked. According to human resources officials at the business, he hasn't worked there in more than a year.

In his application with the city, Morgan stated his Little Rock residence as 26 Duclair Court, the same address he's registered as a voter.

That Chenal Valley address belongs to Joe and Judy Morgan, Morgan's parents, according to city officials.

Morgan, who before serving on the commission spent seven years as a member of the Arkansas Game and Fish Commission, is listed as the owner of a home and 6 acres out on Plantation Lake Drive in Scott.

When reached by phone to clarify the confusion, Morgan said that he was unable to speak due to a family emergency.

Moore said that he spoke briefly with the commissioner earlier Friday but that Morgan told him he'd have to get back to him.

As commissioner, Morgan has heard appeals from city employees contesting suspensions and terminations. The board has the power to overrule, sustain or even further a city department's disciplinary decisions.

In order to alter a disciplinary action, the board needs at least four votes, no matter how many of the seven commissioners attend the hearing.

When asked how Morgan's residency could affect appeals held over the past year -- including Thursday's, where the officer who was caught on camera punching an intoxicated restaurant patron was vindicated of excessive force allegations -- Moore said it was too early to tell.

"[If ineligible], they'll have to go back and review the cases," Moore said. "For instance, the [Hudson case], you have to have four votes [to overturn the city's decision] and he was one of the four. So that could call into question whether or not it was a legitimate exercise."

Added Moore: "Again, it's speculation at this point."

City Attorney Tom Carpenter said he did not have any "final answers" and that he was also looking into Morgan's residency status.

Carpenter declined to comment on whether rulings decided in part by the vote of an ineligible Civil Service Commission member pose any legal and labor ramifications.

"When I know exactly what the facts are, I will be able to determine what the impact is," Carpenter said. "But right now I don't know."

When reached by phone, Commissioner Roger Ball, who has been with the commission since 2011, said he was unaware that Morgan's residency had been called into question.

"I just assume that everyone [on the commission] lives in Little Rock," Ball said. "I'm kind of in shock."

When asked what kind of vetting process was involved in appointing members to city commissions, Carpenter said the applications are handled through the office of the city clerk and the mayor.

"I think we basically trust people on where they live and we go by what they provide us as an address," Carpenter said.

The inquiry not only comes the day after the reversal of a suspension that yielded much public and media attention, it also comes only a few weeks before what is likely to be one of the more publicly scrutinized Civil Service Commission hearings in years.

Former Little Rock officer Josh Hastings -- who was fired and charged with manslaughter after the shooting of a 15-year-old boy involved in a car break-in but later had the charges dropped after two mistrials -- will seek to regain his job in the department at a hearing scheduled for July 24.

Metro on 07/12/2014

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