John Creasy was hired as “safety officer” for the Banks County Fire Department during a two-hour closed door meeting of the board of commission last week. The 2-1 vote to hire him was done during a closed session in violation of the Georgia Open Meetings Law which requires all votes to be done in open session.
Georgia law clearly states that any vote taken in closed session is not legal or binding.
The law states: “Any resolution, rule, regulation, ordinance or other official action of an agency adopted, taken or made at a meeting which is not open to the public shall not be binding.”
In addition, the BOC did not announce the closed-door vote as required by law.
The law states the following: “The vote on any matter covered shall be taken in public and minutes of the meeting as provided in this chapter shall be made available.”
When the BOC meeting was opened to the public after the almost two-hour closed session on Tuesday, Jan. 13, it was announced that no action was to be taken and the meeting was adjourned.
County attorney Randall Frost takes the blame for the action and said he has advised the BOC to put the item on the agenda of the next meeting for an official vote.
“That was my mistake,” Frost said this week. “I just thought that because it was a temporary position and not permanent that they didn’t have to announce it. After looking at the (open meetings) law closely, I realize that is not the case. They do need to vote (in an open meeting).”
Creasy will be paid $45,000 in this new “safety officer” position. Rickey Cain voted against the action, while Joe Barefoot and chairman Milton Dalton voted in favor of it.
One week later, Gary Pollard resigned as fire/EMS director with Creasy’s hiring apparently being the reason. Pollard’s salary was $46,900.
“This letter is to inform you that due to recent decisions that have been made, I will be resigning from the position of chief of Banks County fire and EMS,” he wrote in his letter of resignation. “I have 240 hours of paid leave time that I will be taking through the end of February, however, I will not be serving in any capacity of the role of chief during this time.”
Pollard also asked for six months of severance pay.
“Due to the quick decisions the board has made, I feel like I have to make the decision that I am making, therefore, I am asking for you to consider the severance package,” Pollard wrote.
BOC chairman Dalton said Monday this would not be considered.
“We have never given severance pay,” he said.
Dalton also said the hiring freeze approved by the BOC Monday meant that Pollard’s position would not be filled any time soon. He said Creasy would handle Pollard’s duties on an interim basis.
Last year, Creasy resigned as volunteer deputy chief after conflict with Pollard. More than 30 volunteer firefighters resigned along with Creasy.