SF City Manager directed to look into allegations

February 22, 2019

In his first official South Fulton City Commission meeting Thursday night, recently hired City Manager James Gray was directed by South Fulton Mayor David Lamb, and the commission to "look into" allegations made during the portion of the night's agenda designated for "Questions, Comments, Suggestions from Citizens."

Listed first on the sign-up sheet for those wishing to address the commission, South Fulton resident Cody Caksackkar, who also serves on the city's regional planning commission board, spoke to Commissioners Billy Williams, Beatrice Wilcox, Tommy Pruett and Terry Taylor, as well as Mayor Lamb, about what he referred to as "past incidents" which occurred in the front office of city hall. He stated his wife, Kelly, had been hired by former City Manager Jeff Gabbert in July of 2018 as a utility clerk. He said his wife was told that she would spend a portion of the work day in the police department and would also cross train. Caksackkar said his wife was told by SFPD Chief Andy Crocker he did not want her to be trained by an employee who had previously been in the police department, but rather wanted her to train with someone employed in the Obion County Sheriff's Department.

Caksackkar stated he had spoken with current and past city employees and had heard complaints regarding discrimination on the basis of sex, as well as experiences of harrassment and a "hostile" work environment.

He explained he believed his wife had been "demoted" as her hours had been reduced from what was originally promised to her by Gabbert, and that one employee had been moved out of the police department, and up into the front office of city hall as a result of the conditions described in the police department, thereby reducing his wife's hours, and resulting in his wife moved out of the department for which she was hired and into a different department, the SFPD.

He said when his wife arrived at work in the front office of the city hall on a Monday, the same day as City Manager James Gray began his first day of employment, she discovered the computer she had been using, which had been taken from the SFPD and moved to the city hall front office, had been taken and moved back to the SFPD.

At that time, according to City Manager James Gray, Kelly Caksackkar "quit" and left the office, as he passed her on his way into the office. Gray said he contacted her regarding the circumstances of her leaving, and suggested she "give it a couple of days" and that he would speak with Chief Crocker about moving the computer equipment over the weekend, and that such actions would not be tolerated.

Caksackkar said that he did not think his wife should be required to go through another 90 day probationary period before being considered a fulltime employee, however Gray noted that in the capacity of his position as city manager, he did offer an option for Kelly Caksackkar to return to work for the city, but that he could not allow city employees to dictate to him in what capacity they would work, or under what department, or when.

Gray also responded that he could "not make informed decisions" regarding personnel issues if he is not made aware of the circumstances and that Kelly Caksackkar did not offer to provide him with any information surrounding the reason for her abrupt exit.

Caksackkar went on to say there had been allegations that Chief Crocker had "watched the front office on camera all day", had created an offensive and hostile working environment and that the issues "should have been turned over to the EEOC" to prevent similar actions from taking place in the future and no "swept under the rug."

He questioned whether a formal complaint had been filed or an investigation initiated regarding $500 is evidence with the South Fulton Police Department which was missing.

Mayor Lamb said he had been made aware of the missing $500 from evidence in the SFPD and that Chief Crocker had made him aware of it.

"Jeff said the TBI was coming in to investigate it," Mayor Lamb said.

Commissioner Williams said he had previously questioned former City Manager Jeff Gabbert about allegations and complaints against Chief Crocker, but was told by Gabbert discussion could not take place on that issue at that time. City Attorney Moore did inform the officials that should an ongoing investigation be in progress, most likely maintained confidentiality would be required.

"I am not saying that is the case, that there was any kind of ongoing investigation, only that if there were, that would be the case," Moore said.

Also addressing the officials was Autenee Purcell, currently employed by the city as a clerk, and formerly a dispatcher for the SFPD.

Purcell asked why the Dispatcher's position had opened back up, as she had seen an advertisement in The Current stating the position was available in the SFPD. She said in October 2018 former City Manager Jeff Gabbert had met with her and told her the Dispatcher position would be closed, with the Obion County Sheriff's Department taking on the dispatch for South Fulton's Police Department, because of the cost estimate to bring the SFPD dispatch equipment up to date, estimated at approximately $20,000. She said she was told she would take the utility clerk's position.

"Why was the position not offered to me?" Purcell asked.

Gray said there was a misunderstanding between himself and Chief Crocker, as Gray had authorized the Chief to advertise for a Clerk, not a Dispatcher. He also said he had understood that Purcell did not want to return to the Dispatcher position in the SFPD.

"Because I filed a complaint?" Purcell asked.

Mayor Lamb then stated the discussion should end regarding Chief Crocker, as he was not present for the meeting.

South Fulton city officials approved a Resolution of Tentative Award for the Sewer Project now underway during regular commission session Feb. 21, with Ricky Oakley of Hethcoat and Davis, Inc., Engineers present for the meeting, to confirm the bid award in the amount of $118,570 to Bobby Luttrell & Sons, subject to approval from Rural Development.

Oakley reported to Mayor David Lamb, Commissioners Billy Williams, Beatrice Wilcox, Tommy Pruett and Terry Taylor that the original budget for the project was $196,000.

Commissioner Pruett inquired as to whether there was any source of tax relief available for the city's elderly citizens, regarding a discounted property tax. City Recorder Jackie Potter told the commission such a program is already in place in the state of Tennessee, to address needs of senior citizens, those who are disabled, and Veterans, who also fall below a certain annual income. She said the information is first submitted to the state requesting a reduction in property taxes owed and then the state makes a determination as to whether relief is awarded. She said forms are available at city hall.

As to the city employees' retirement plan recently approved, TCRS, City Attorney Kirk Moore provided an update as to the status of implementing the plan, stating the original start date of Jan. 1 had not been met, and that a redrafted resolution would be necessary reflecting the new proposed start date of April 1. Moore said he had prepared the new resolution, however in a review of the required documentation needed to accompany the resolution he had discovered also required was a budget amendment indicating the source of funding the retirement plan for employees, by the city. He said he was not able to provide that information, and Gray had not yet had the opportunity to research that information.

City Commissioner Terry Taylor asked for a correction to the minutes from the commission's October meeting, regarding statements he had made at that meeting relating to his previous request for the City Manager to remind each Ward's Commissioner when the deadline was for filing for re-election to that specific Ward's seat.

Taylor said that he had asked previous City Manager Jeff Gabbert to remind each commissioner in the future, regarding deadlines for submitting paperwork to run for the office, and then later, Gabbert had directed a correspondence be hand-delivered to Taylor's home, from Gabbert, referencing a violation to the City's Charter, should a reminder be given to in-office commissioners regarding the deadline for filing for re-election. Taylor said he had wanted to discuss the matter at the October meeting, however City Attorney Kirk Moore was not present and Taylor had stated he wanted him to be present when he initiated the discussion. He said the minutes presented for the commission's review from the October meeting had indicated Taylor did not want to discuss the issue if the city attorney "was" present.

In the letter which Taylor said he received from Gabbert, he noted Gabbert had highlighted several references to the city's charter, stating the prohibiting of the city manager engaging in any form of "politics", resulting in Gabbert's contention that to remind a setting commissioner of a deadline would not be considered remaining neutral on the city manager's part, thus a violation of the charter.

Mayor Lamb reported to the officials he had been asked if the city would consider financially supporting the South Fulton High School Academic Top 10 Banquet, to be held in May. He asked the commissioners to think about the request and it could be added to the March agenda for a decision.

Prior to the commencement of the business of the city, Mayor David Lamb recognized, by Resolution, Head Coach Jeremy McFarland and Assistant Coach Leah McFarland, who coached the 2018-2019 South Fulton Middle School Lady Red Devils basketball team, all the way to the first Tennessee Middle School Athletic Association State Basketball Tournament. Members of the team and their family members were also present for the presentation of the framed resolution. Coach Jeremy McFarland offered words of appreciation to the community for their support of the team throughout the season and during tournament play.

(Editor's Note: When contacted by The Current, South Fulton Police Chief Andy Crocker stated he was not involved in the specific job assignments for city employees and that a number of the issues addressed during the meeting, of which he had been made aware, had occurred under the direction of former city manager Jeff Gabbert. He stated he did move the equipment from the front city hall office back to the SFPD, as the equipment belonged to the South Fulton Police Department, and he moved the equipment during the weekend hours to avoid a disruption of operations in the front office of city hall during regular business hours. Chief Crocker said he had discussed moving the equipment back to the SFPD with Mayor David Lamb, who confirmed the discussion.)