Martinsville investigating overtime pay of city employee; council denied access to records
MARTINSVILLE — The executive branch of the city of Martinsville is investigating the overtime pay of a city employee, Mayor Kenny Costin announced Monday.
During the Martinsville Common Council meeting, Costin said he is launching the inquiry after learning that there were concerns over the employee's overtime pay.
"After looking into this matter, I have decided that it is in the best interests of the city that an investigation be commenced," Costin said. "Therefore, I am announcing this evening that the city of Martinsville, through its executive branch, will be appointing outside counsel to conduct a full investigation of the matter."
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The city will hire Mark Waterfill, a private attorney based in Plainfield, to investigate the issue and make suggestions for improving the way the city handles overtime pay, Costin said. While city council can launch its own investigation with its own legal counsel, it may want to wait until the results of the city's inquiry are released before spending taxpayer dollars on a separate investigation, he added.
Officials deny council members access to records
Councilman Phil Deckard II said he and fellow council members are considering their options after city officials denied them access to certain documents, including overtime logs, pertaining to the employee in question.
In response to that denial, a council member reached out to several groups for outside advice, including Accelerate Indiana Municipalities (AIM), a statewide organization that advocates for municipalities, the Indiana Public Access Counselor and the Taft law firm of Indianapolis, Deckard II said.
The agencies advised them that council members, in their power as city legislators, had the right to view documents the city was refusing to provide, he said.
Anne Cowgur, a partner with Taft and former attorney for the city of Martinsville, appeared at Monday's meeting as legal counsel for Martinsville Common Council.
Deckard II said that when one of his fellow council members asked the clerk-treasurer's office to look at the overtime logs, they were told they were in the city superintendent's office and were denied access.
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"I was told the council could not have that information," Deckard II said. "That is why it went to this. We had no choice but to find out, 'What is our right?'"
Documenting city employee overtime
City Superintendent Mac Dunn said that other than for police and fire employees, he had never seen any kind of form used to document overtime for city workers.
"I honestly thought we were proceeding the way we have always done it," Dunn noted. "I mean, everything's a learning experience, and we will learn from this. If there's a better way of doing it, I'm all in."
Dunn said the city has since ordered forms for documenting overtime.
Councilwoman Suzie Lipps said she was in favor of waiting for the results of the city's investigation before spending money on a private attorney and proposed scheduling an executive session.
Councilman Phil Deckard Sr., said he had been under the impression that the council had already requested an executive session several weeks ago to discuss the issue but was "denied that opportunity."
There is some confusion as to why that executive session was canceled.
Councilman Jim Wisco said he thought the meeting was nixed because Dale Coffey, the current city attorney, wasn't available. Deckard II said that because overtime pay falls under the jurisdiction of the city's executive branch, city council cannot, under state law, hold an executive session to discuss the issue.
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After some discussion, the Council voted 5-2 to officially hire Cowgur as legal counsel as part of its efforts to gain access to city records. Councilmembers Deckard II, Deckard, Sr., Ben Mahan, Josh Ferran and Ann Miller voted in favor of the proposal, while councilmembers Lipps and Wisco voted against it.
In other business:
The council voted 6-1 to authorize the expenditure of $97,000 in remaining CARES relief monies for the purchase of personal protective equipment (PPE) in the form of hand sanitizer, gloves, safety vests, wipes, masks and other items. Councilwoman Miller voted against the purchase. Earlier this year, the council allocated $320,000 in CARES funding for employee bonuses.
The council voted 4-3 to approve claims.
The next meeting of Martinsville Common Council will be held at 7 p.m. on Monday, Dec. 13, at Martinsville City Hall, 59 S. Jefferson St.
Bids opened for downtown projects
During the Martinsville Board of Works & Safety meeting Monday, the city's director of planning and engineering, Gary Oakes, opened bids that were submitted for two downtown development projects.
Four bids were submitted for the park and streetscape project at the corner of Pike and Jefferson streets: RL Turner Corporation, of Zionsville, for $2.6 million; 3D Professional Contracting, of Lebanon, for $2.72 million; Mattcon General Contractors, of Indianapolis, for $2.74 million; and Patterson-Horth, of Indianapolis, for $2.98 million.
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Three bids were submitted for the restroom building and welcome center at 56 W. Morgan St.: Abel Construction Company, of Louisville, for $458,888; 3D Professional Contracting for $524,000; and Mattcon General Contractors for $605,000.
3D Professional Contracting also submitted a combined bid of $3.14 million that would cover the cost of both projects.
The winning bidder will be chosen during a special of meeting of the board at 6:30 p.m. on Tuesday, Nov. 23.
During its Monday meeting, the board also approved a supplemental agreement with United Engineering, which is already under contract with the city to build casings for a future and sewer main under I-69.
The Indianapolis-based engineering firm entered into the contract with the city in August for a total cost not to exceed $91,410. The supplemental agreement includes an additional $10,710 to cover the cost of right-of-way engineering services for an additional parcel.
The board also approved sewer adjustments for 11 properties.
The next regular meeting of the Board of Works & Safety will be held at 6:30 p.m. on Monday, Dec. 13, at Martinsville City Hall, 59 S. Jefferson St.
Contact reporter Peter Blanchard at 765-346-2942 or pblanchard@reporter-times.com. Follow him on Twitter @peterlblanchard.
This article originally appeared on The Reporter Times: Martinsville city employee's overtime pay under investigation
