Item Coversheet

Resolution

NO. 191

A Resolution removing Calvin Hardin from the Police and Fire Retiree Health Care Insurance Board for cause.

BATTLE CREEK, MICHIGAN - 9/5/2017

Resolved by the Commission of the City of Battle Creek:

 

That a public hearing was held on September 5, 2017, in the City Commission Chambers requesting the City Commission to remove Calvin Hardin from the City of Battle Creek's Police and Fire Retiree Health Care Insurance Board for cause based upon his conviction on January 24, 2017, for Assault with a Dangerous Weapon (Felonious Assault).

 

Calvin Hardin was provided notice of the hearing and had the opportunity to respond. Members of the public were also provided with the opportunity to provide public comment on the matter.

 

After the public hearing, the City Commission determined there was cause to remove Calvin Hardin from the Board, including due to conduct unbecoming of a City board representative due to the January 24, 2017, conviction for felonious assault.










I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on September 5, 2017.


Victoria Houser

Battle Creek City Commission
9/5/2017
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Resolution removing Calvin Hardin from the Police and Fire Retiree Health Care Insurance Board for cause.

BUDGETARY CONSIDERATIONS
There are none.

HISTORY, BACKGROUND and  DISCUSSION

The bylaws of the Police and Fire Retiree Health Care Insurance Board allow the City Commission to remove members of the board for cause, including misfeasance, malfeasance or nonfeasance in office after a public hearing.

 

Board member Calvin Hardin was convicted on January 24, 2017 of Assault with a Dangerous Weapon (Felonious Assault) and is currently on probation. (See attached court record.)  The victim's family and other community members have contacted the City expressing concern with Mr. Hardin's continued membership as a representative of the City in matters such as this City board, a position of trust and respect, due to the violent nature of the underlying act resulting in the conviction.

 

The City Manager sent Mr. Hardin a letter dated July 18, 2017 requesting that he resign his position on this board and notifying him that if he failed to resign, a public hearing would be scheduled requesting the City Commission remove him from office. (See attached.)

 

The City Manager requested that Mr. Hardin be removed for cause due to his recent criminal conviction as conduct unbecoming of a representative of the City.  



DISCUSSION OF THE ISSUE

POSITIONS
ATTACHMENTS:
File NameDescription
Calvin_Hardin_Conviction.pdfCircuit Court Record of Hardin Conviction
7.18.17.pdfLetter to Calvin Hardin requesting resignation
Resolution_103_5.1.2007.pdfResolution Creating Board
POLICE_AND_FIRE_RETIREE_HEALTH_CARE_INSURANCE_BOARD.pdfPolice and Fire Retiree Health Care Insurance Board Bylaws