Fire captain's termination upheld

SPRINGDALE -- The Civil Service Commission upheld the termination of a Fire Department captain Friday afternoon because he failed to appeal his firing within the required 10 days.

"The state law says you have to file in 10 days, and, if the appeal is not filed in time, we cannot hear the appeal," said City Attorney Ernest Cate.

Mark Holaway was fired Sept. 15, but submitted his appeal by email Wednesday. Holaway submitted the appeal himself, not through a lawyer, Cate said.

An Arkansas attorney general opinion says unless there's something in the civil service rules saying otherwise, the appeal must be filed within 10 calendar days, Cate said. Commission rules also require 10 calendar days for an appeal to be made, he said.

A Fire Department employee requested an appeal 11 days after he was fired in March 1999, and the commission refused the request because it was late, Cate said.

Commissioner Dave Chapman asked what the implication would be if the commission granted the appeal Friday.

"The implication would be going against prior practices," Cate said. "It's always been the practice of the commission that it's 10 calendar days."

The Friday afternoon meeting, held in City Council chambers of the City Administration building, was called specifically to discuss Holaway's request, Commissioner Charles Farmer said before the meeting.

Holaway had served with the Fire Department since 1998, said Fire Chief Mike Irwin. Irwin refused to say why he was fired, calling it a personnel matter.

Holaway, who didn't attend the meeting, was given written notice on the day he was fired he had 10 days to file his appeal, Cate said.

The letter Holaway received said "10 days" and didn't specify calendar days or work days, said Melissa Reeves, city public relations director.

Holaway can appeal the commission's decision to circuit court, Cate said.

NW News on 10/01/2016

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