SOUTH FULTON CITY MANAGER SUSPENDED WITH PAY, GABBERT OFFERS TO RETURN AS INTERIM

February 28, 2019

Under the advisement of City Attorney Kirk Moore, South Fulton Mayor David Lamb, Commissioners Billy Williams, Tommy Pruett, Beatrice Wilcox and Terry Taylor officially suspended City Manager James Gray with pay, pending the outcome of legal findings associated with recent charges against him. A preliminary hearing for Gray is set for March 12 in Obion County General Sessions, regarding charges stemming from two separate attempts to use counterfeit $100 bills to make purchases in Union City, Tenn. in the past week.

Moore told the officials the city's Charter did allow for other options, such as termination or suspension without pay, however to allow more time for the Mayor and Commissioners to have "breathing room" and follow the "status quo" he recommended the option to place Gray on leave with pay.

Commissioner Taylor asked if Gray could be placed on leave without pay, and then depending on the outcome of legal proceedings, be given back pay.

Moore repeated his recommendation, but also stressed to the commission it was their decision.

He also stated should the commission choose to terminate Gray, then Gray would be allowed to ask for written charges as to the reason for termination in less than one year's time period as well as a public hearing, and his termination would not be final until that process played out.

Commissioner Billy Williams made the motion, seconded by Commissioner Taylor and unanimously approved, to suspend Gray with pay.

Moore reminded the commissioners and mayor the next regular session of the commission is March 21 and the matter regarding Gray's status could be added to that meeting's agenda for further discussion.

The only other on the special called session's agenda for Feb. 28 at 4 p.m. was discussion of options for an interim city manager.

Mayor Lamb, who had previously served as interim prior to the hiring of immediate past City Manager Jeff Gabbert, stated he would not serve in that capacity again, however he did offer for the officials' consideration, several individuals who had offered help for the role.

He said he had spoken with Gabbert, who offered to return to South Fulton within 24 hours, for $770 weekly salary, plus a once a month round trip air fare and transportation and lodging while in South Fulton. Lamb noted Gabbert could attend to budget amendments and budget preparation as well as have a grasp already, for the day to day operations.

Mayor Lamb also mentioned South Fulton minister Miles Mayo had expressed interest in the interim city manager's position, former Fulton City Manager and current Hickman Interim City Manager Cubb Stokes and David Hart, with Alexander, Thompson Arnold had also offered assistance in that area.

Commissioner Wilcox asked what pay those individuals had indicated would be required, or what amount the city could be able to offer for the interim role, however Mayor Lamb said he had not gone that far in discussion with each of them.

"I believe we could just let them suggest what they would require and then we could see if it is something we would be able to do," he said.

The Commissioners authorized, through unanimous vote, for Mayor Lamb to speak with each of the individuals, with the exception of Gabbert, who had already indicated his required pay, and then see what each of those other individuals would accept for pay.

In regard to Gabbert, while each of the commissioners indicated they found no fault with Gabbert and appreciated his offer, however two issues at hand to consider were that the added expense of air fare, lodging and transportation would not be necessary if someone who was in the area was retained for the position and additionally, Commissioner Williams and Commissioner Taylor voiced concerns regarding Gabbert's failure to remain on the job as City Manager for the amount of time he had said he would, ultimately leaving one week earlier than he had said would be necessary when he gave his notice.

City Attorney Moore recommended when Mayor Lamb speaks to each of the individuals mentioned to potentially fill the role of interim city manager, he also ask them to consider any potential conflicts of interest which could materialize should they accept the position.