EMMITSBURG, Md. – Staff changes in the town planning and zoning department were announced at the Jan. 3 meeting of the board of commissioners, but commissioners continued to struggle with right-to-hire issues.

Following the resignations of Zoning Technician Jennifer Joy in November and Town Planner Michael Lucas, Mayor James E. Hoover told the board that staff adjustments within planning and zoning would allow the department to continue its functions with the hiring of one new part-time employee.

However, Commissioner William B. O’Neil, Jr. continued to insist that the charter allows the board final say on all staff hiring and firings, and that town administrators, specifically the mayor, only have the right to recommend changes.

Planning department reorganizes

Zoning enforcement employee Amy Naill will be assuming Joy’s previous responsibilities. Naill is a full-time employee. Carol Kelley, a former part-time code enforcement officer, will continue in that capacity on a full-time basis.

Hoover said the town would like to hire a part-time code enforcement officer to fill Kelley’s vacated part-time position.

There is no intention at this time, Hoover said, to hire a full-time town planner. Instead, he said, Frank Henry, the senior inspector for the town, has been asked to handle Lucas’ former responsibilities on a part-time basis.

Patricia Feeser, administrative assistant to the town manager, will be processing grants and loan applications which she had previously been involved in, as well as assuming Lucas’ and Joy’s roles in processing them.

The mayor said there would be a meeting with the county to see if they would serve as the town’s planning consultants as they had done before Lucas was hired.

Commissioner points out charter mandates

But the mayor may not be entitled to the final say on hiring, firing and reassignment of duties, if O’Neil’s interpretation of the charter is accurate.

O’Neil questioned the mayoral authority regarding changes in town staff based on Article III, Section 3, in the town charter, which states, “… the mayor, with the advice and consent of the board of commissioners, shall appoint all employees of all offices, departments, commissions, and agencies of town government. …”

“The mayor,” O’Neil told The Dispatch, “issued an outright statement that he would not be filling Mr. Lucas’ position or hiring a town planner. It is fine if this is his position, and the staff’s as well, but the decision cannot be made without the consent and approval of the commissioners.”

O’Neil said he believed this is where the mayor erred because Hoover’s staffing decisions do not agree with language in the town charter as quoted above.

“I firmly believe that if the mayor had sought the advice and consent of the transfers, the town commission would have approved the request. I am not certain what would happen with the much more important point of filling the position of town planner,” the commissioner stated, noting, “Please know that my point isn’t about the individuals who the Mayor transferred themselves, who are, I am sure, quite capable.”