Board says it didn’t discuss CM job prior to closed session

Emails concerning the eligibility of Bill Burrough’s wife to remain employed by the city if he was appointed Hot Springs city manager, and a draft employment agreement, are the extent of city directors’ electronic correspondence with each other and city staff prior to the appointment, according to the city’s response to a records request The Sentinel-Record submitted last week.

Directors who have responded to requests for comment said Burrough’s appointment was not discussed outside the requirements of the Arkansas Freedom of Information Act, which mandates the public be notified before potential action items are discussed

The Hot Springs Board of Directors did not discuss the appointment in any agenda or business meetings prior to convening a twohour executive session to evaluate Burrough during the board’s Dec. 4 business meeting. He had been interim city manager since the board requested David Frasher’s resignation in June.

The board announced the appointment after the business meeting was called back to order. Mayor Pat McCabe told the newspaper last week the consensus to make Burrough the city’s chief executive developed entirely within the confines of the executive session, which did not include District 1 Director Suzanne Davidson.

Her position is unknown, as she has not responded to requests for comment through email. She could not be reached by phone on Friday, and her phone was not accepting messages. District 4 Director Larry Williams said she didn’t participate in the executive

session via phone.

Williams, District 3 Director Becca Clark, District 5 Director Karen Garcia and District 6 Director Randy Fale indicated in the response the city provided the newspaper that they had no responsive records to provide. Responses from McCabe, Davidson and District 2 Director Elaine Jones were not included in the city’s submission. The city clerk’s office said Thursday that they were asked for responsive materials but said they had none to provide.

The submission did include the Nov. 27 email City Attorney Brian Albright told the newspaper he sent McCabe about a draft employment agreement for Burrough. Albright prepared the draft in case the board decided to appoint Burrough, he indicated in the email and in his comments to the newspaper last week.

He said he prepared the draft on his own initiative, which he also indicated in the email to McCabe.

“At the risk of overstepping, I have prepared a draft agreement between the city and Bill,” he said in the email. “I have done this in the event that the board should decide to offer Bill the city manager position during your evaluation in executive session next week.”

The city’s submission also included Albright’s Nov. 29 email to the board explaining that the continued employment of Burrough’s wife in the city’s solid waste department would not violate the employee eligibility statute for relatives of city managers and city directors.

Garcia had inquired about the potential conflict after Burrough and his wife purchased a home in the city the week prior to the executive session. State law mandates city managers reside in the city where they are employed.

Williams said Thursday that he asked the board during the executive session to delay action until his successor, Carroll Weatherford, was sworn in next month but relented after McCabe informed him that Weatherford was in favor of the appointment.

“Regardless if the date were Dec. 4, Dec. 18 or after the first of the year, Bill Burrough was going to be our next city manager,” Williams said. “At this juncture, he is the right choice for Hot Springs.”

McCabe told the newspaper last week that Burrough’s appointment had overwhelming public support, a view he said was conveyed to him by numerous people. Williams said Thursday that he had sensed a similar sentiment.

“Although I have no scientific polling to back me up, I believe that his appointment was well received from other key players in the community,” he said. “In a letter to the editor some months back, a writer had expressed the view that the city already had a qualified candidate for the position in Bill Burrough. I agreed then and do now. Bill is the best person to be named permanent city manager.”