FIRED EMPLOYEE CRIES FOUL

A city worker fired Tuesday morning by West Helena Mayor Johnny Weaver
fired back at last night's city council meeting, claiming he had been
"done wrong" by the mayor.

During the public forum at the meeting, Larry Smith, a 15-year veteran
of the city street department claimed the mayor went back on his word
when Smith was fired for violating the city's drug policy. Smith, who
was under investigation by police on suspected possession of drugs,
said that the mayor had agreed to give him a warning instead of
terminating his services.

The mayor claimed that he entered into the agreement without
consulting the city's drug policy ordinance, which dictated that the
man be fired instead of warned.

According to city Attorney Andre Valley, on Dec. 13, Larry Smith, a
city employee for 15 years, was the subject of a police investigation
after two young women called police to say that a man in a city truck
was driving around town "soliciting young people." Police located
Smith that night, and they found a bag of marijuana in his vicinity,
but as of today he has not been charged with a crime. West Helena
Police said the case is pending an ongoing investigation.

Also at the meeting, Captain Bill Williams, from the city Criminal
Investigation Division, said that police often will delay bringing
charges against a drug offender if they agree to seek rehabilitation.
After the offender seeks help, Williams said, oftentimes the police
will then seek to bring charges against him or her. And in this case,
Smith agreed to seek help, Williams said.

Smith said he had been treated unfairly.

"No charges were pressed," said Smith, who was still wearing a rumpled
'City of West Helena' work shirt. "How can you convict a man who
hasn't been charged?"

Still standing at the podium, Smith produced a signed statement
documenting the mayor's agreement with him. The agreement dated Dec.
18, signed by the mayor, the employee and his supervisor, issues a
final warning for Smith about his alleged "drug and alcohol use" and
"harassment." It also states that Smith would undergo a March 15 drug
test, and if at any time before that date more complaints were entered
against him, he would be terminated immediately.

However, Valley said the agreement between the mayor and Smith was
invalid, because the mayor cannot supersede the law outlined in the
city's drug policy ordinance.

"I wasn't aware of the (written agreement)," Valley said, "but the
mayor didn't have the authority to enter into that agreement."

The mayor said that after consulting the drug policy and consulting
with the city attorney, Valley advised him that the correct course of
action would be to fire Smith.

Both the city attorney and the mayor told the council that the man had
refused to take a drug test the night of the incident, which is a
clear violation of the city's drug policy. Smith countered that at the
point they requested he take the test, he thought that he had already
been fired, so he didn't see the point. He also told Mayor Weaver and
his supervisor that he wasn't sure if he could pass a drug test that
night because he had been around people smoking marijuana, and he
might have breathed in some of the second-hand smoke, prompting him to
fail the test.

For about 45 minutes, Smith continued pleading his
case.

"You agreed to give me a chance, and you reneged on it," Smith said to
the mayor.

"I did give you that letter, I'm not denying that," said Mayor Weaver.
"And I apologize. I wanted to allow you another chance, but the laws
won't allow me to give you another chance."

"Apologizing doesn't help me pay my bills," Smith countered.

"My decision this morning was final," Weaver said.

"You're throwing away 15 years of my work!"

"You threw it away, Mr. Smith."

New council member William Coad expressed concern about the potential
for a lawsuit against the city from Smith if due process had not been
undertaken in his termination. Valley reiterated that the written
agreement could not be valid if it contradicts a city ordinance; thus,
he said, the mayor was correct in his decision to terminate Smith.

After the meeting, Weaver said he had tried to help Smith, but the law
was clear.

"I feel bad about terminating him," the mayor said, "but I was
violating city laws when I made that agreement."

Though he said he could not go into details, Weaver added that there
were previous incidences with Smith involving drug and alcohol abuse.

"This has been an ongoing problem with Larry," he said.

In response to a claim made by Smith last night that another city
employee still on the payroll was a convicted drug offender, Weaver
said that as far as he knew that claim was true. He added that he
didn't know about it before last night's meeting, and that the
employee likely would be terminated before the end of the day,
provided the necessary paperwork was obtained.