State law on Riley's side, council toldPower to name fire chief absolute The Post and Courier
Friday, May 30, 2008
The Post and Courier Fire Chief Rusty Thomas 
City Councilman Jimmy Gallant 
Joe Riley Firefighter CoverageIn our special section with photos, videos, interactives, donation information and every story written about the tragedy.Charleston Mayor Joe Riley has the absolute power to appoint department heads but should include the City Council in vetting finalists for fire chief, the head of the Municipal Association of South Carolina said Thursday. "That's exactly how the process should work," said Howard Duvall, executive director of the association. At issue is whether the council can demand the power to interview job candidates, as it did Tuesday in a rare challenge to Riley. Many council members see the selection of a fire chief as an extension of the Fire Department overhaul that followed the deaths of nine city firefighters in the Sofa Super Store fire last June, and they want to play an active role. Councilman Jimmy Gallant, chairman of the Public Safety Committee, has said he also plans to challenge dozens of Fire Department promotions and transfers announced Wednesday by retiring Fire Chief Rusty Thomas. Gallant said it looks to him like Thomas "is getting even" with people who criticized him or the department. City attorney Charlton deSaussure cautioned council members in a three-page memo that any attempt to dilute Riley's power to appoint the next fire chief would be against the law. "While that appointment is subject to the approval of City Council, the duty and responsibility of the mayor to make the appointment is absolute," deSaussure wrote. "Therefore, any dilution of the process employed by the mayor in discharging the appointive power placed in that office is not permitted under state law." What the council hopes to do is interview three or four finalists for fire chief, and make recommendations to the mayor. In municipalities such as Charleston that use the strong mayor form of government, mayors make appointments subject to council's approval. "Their involvement is in approving the mayor's appointee," deSaussure said in an interview Thursday. "The mayor's power is clear." Duvall noted that earlier this month, Riley wrote a memo to council members that said he might bring fire chief finalists to Charleston to meet with council and members of the Fire Department, "if we get to a situation where there area 3 or 4 candidates of relatively equal ability." Riley later told the council that if he finds a clear winner among the job applicants, then he will just present one nominee to council, as he did in the 2006 appointment of Police Chief Greg Mullen. Unsatisfied with the ambiguity, the council demanded a seat at the interview table, voting 9-2 to give the council's Public Safety Committee a role in the fire chief hiring process that would include interviewing the finalists. It was an unusual, near-unanimous vote against the mayor, who was joined in opposing the motion by Councilwoman Yvonne Evans. Council members also asked if they could have an expert on municipal law meet with them to explain the legal limits on the council's authority. Riley said he would arrange for Duvall to address the council in a meeting as-yet unscheduled. Council members have complained of feeling left out and poorly informed about the fire investigation and efforts to improve the Fire Department. Some were particularly irked about learning of fire-related events, such as the decision to release a key report, or the retirement of Thomas, through the news media or from constituents rather than from City Hall. The issue of being kept informed surfaced again Wednesday when Gallant learned about the series of promotions and transfers within the Fire Department from a reporter after they were announced by the city in 4 p.m. press release. Thomas, who is scheduled to retire June 27, promoted 16 firefighters and transferred 43 others through the city's 19 fire stations. The transfers take effect this weekend. The city has not released the transfer list, but The Post and Courier has learned the list includes some who publicly criticized Thomas or spoke out about Fire Department problems. Capt. Jamie Greene, a 20-year veteran, said firefighters were already struggling with emotional issues surrounding the first anniversary of the sofa store fire and new training demands. Now they will have to adjust to new stations, crews, districts and schedules. "We've already been through enough this year," he said. Green, who had discussed the need for a leadership change, is being transferred from Engine 6 on the peninsula to Engine 7 on James Island. He is also being moved to a different shift. Engineer Brian Rivers, who is being moved from Engine 8 on Huger Street to Engine 9 on Heriot Street, said the transfers were "obvious retaliation" by Thomas. Rivers also had spoken out about problems in the Fire Department. "Since the fire we have had nothing to look forward to," he said. "The one thing that keeps me going is my station and the pride I take in that station. Now he's taken that away from me for no reason at all." Speaking on behalf of Thomas, Mark Ruppel, the department's public information officer, said the transfers were done for no other reason than to ensure all shifts and stations had equal coverage. "I think you can probably find some people who are happy with the transfers and some who are not," he said. "But nothing was done out of retaliation." Reach David Slade at 937-5552 or dslade@postandcourier.com. Reach Glenn Smith at gsmith@postandcourier.com or 937-5556. |
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Comments
This article has 32 comment(s)
Posted by eatmorecollards on May 30, 2008 at 1:47 a.m. (Suggest removal)
Perhaps the city council should intertain a motion to force a referemdum to do away with the mayors office and hire a professional municipal administrator.
Posted by carolinapanther on May 30, 2008 at 3:13 a.m. (Suggest removal)
Trust me you dont want a administrator type of government. Strong Mayor weak council is the way to go.
Posted by Reader on May 30, 2008 at 4:59 a.m. (Suggest removal)
Riley is just being childish. So what if the law gives him the unfettered right to hand up the name of the final candidate as long as the same law gives the council the unfettered right to reject that candidate. Riley is cutting off his nose to spite his face on this one. He should let the council participate in the process. Otherwise, he is going to send the best candidate up for approval, and that person will be rejected by council out of spite for the process that found him.
Posted by Neponset on May 30, 2008 at 5:37 a.m. (Suggest removal)
Looks like joe may have an open revolt on his hands. If council is serious, they can vote no on every thing, until they get joes attention.
Posted by tellthetruth on May 30, 2008 at 6:27 a.m. (Suggest removal)
Rusty Who?
Posted by Paul on May 30, 2008 at 6:56 a.m. (Suggest removal)
Time to change to a strong Council/weak Mayor. For now, have the majority of City Council openly challenge King Joe in this matter and do not back down ...
Posted by Thomas1776 on May 30, 2008 at 7:20 a.m. (Suggest removal)
The head of the Municipal Association of South Carolina is a long time friend of Riley. It's not even a government body nor are they legal experts.
Posted by Thomas1776 on May 30, 2008 at 7:23 a.m. (Suggest removal)
Riley is going to be stripped down to a nothing; one layer at a time.
All of his lies and deception have come home to roost. And there is no escaping no matter how much he tries to spin with more lies.
Is Riley a liar? You bet he is!
Posted by a_set_love on May 30, 2008 at 7:27 a.m. (Suggest removal)
Carolinapanther - Are you sure your not Joe Riley in drag.
Posted by theronce on May 30, 2008 at 7:33 a.m. (Suggest removal)
Strong council/weak mayor is the same form of government that we have at the state level and partially accounts for the half baked junk that comes out of Columbia.
Up to now (and this is possibly a sham), this has been a rubber stamp council. There's not that many backbones on it.
Posted by CMLMADDOG on May 30, 2008 at 7:33 a.m. (Suggest removal)
Hey, SOMEBODY keeps voting for this man....FOR 30+ YEARS!!
Posted by a_set_love on May 30, 2008 at 7:43 a.m. (Suggest removal)
Its time to change the City of Charlestons government to Strong Council - weak mayor.
Let this be Mr. Rileys legacy to the City of Charleston.
Posted by wpc3iop on May 30, 2008 at 8:01 a.m. (Suggest removal)
How dare Councilman Gallant stand up to "King Joe"? Who does he think he is? I say we should get rid of the whole bunch and start over...mayor and council!
Posted by Weeeee on May 30, 2008 at 8:19 a.m. (Suggest removal)
Riley will die in office.
Posted by UpperSCFF on May 30, 2008 at 8:37 a.m. (Suggest removal)
Council Administrator is the way to go. Mayors should only be figureheads.
Posted by PalmettoHawk on May 30, 2008 at 9:24 a.m. (Suggest removal)
What happened to a system of checks and balances?
Power tends to corrupt, and absolute power corrupts absolutely.
Joe Riley has had a good act going for 30+ years...change is on the horizon and it is blinding the Mayor's office to the very reason and desperate need for that change.
Posted by bigwhip on May 30, 2008 at 9:42 a.m. (Suggest removal)
1776 is at it again! Comments are accusatory and rabid. Go get a shot at your vet and cool off.
As for Riley, good leadership is inclusive and has a very good ear. Do you hear us, Joe? I know you see us.
Posted by ptmama73 on May 30, 2008 at 10:56 a.m. (Suggest removal)
Why don't we just cut to the chase and rename Charleston. I suggest Rileyton; it will probably happen anyway at this pace.
All bow down to King Riley...
Posted by UpperSCFF on May 30, 2008 at 11:06 a.m. (Suggest removal)
I guess both Rusty Thomas and Joe Riley can soley be blamed for the destruction of their own legacies. They can truly live by the saying "If it is worth doing it is worth doing right." There is no doubt both men will go down in history as being the worse Fire Chief and Mayor in Charleston's History.
-Do not try to confuse being a affable person with knowing how to do the job.
Posted by CHRISJIII on May 30, 2008 at 11:09 a.m. (Suggest removal)
I've never heard of this organization that's supporting Riley in this dispute. Who are they and what gives them the right to make such decisions? A strong council/weak mayor sounds like the best remedy for the situation here in Charleston. How do we go about getting that process started?
Posted by CaptPete on May 30, 2008 at 11:27 a.m. (Suggest removal)
Hopefully traning won't cut into station free time.
Posted by cfdiaffman on May 30, 2008 at 11:28 a.m. (Suggest removal)
It certain that a dictatorship form of government has hurt Charleston. But having 12 people that can't agree on anything will also hurt Charleston and keep progress tied up in red tape. Why can't there be a form of govenment that makes everyone, Mayor and Council work together in a professional and progressive manner. They all act like a bunch of jackasses. Riley can not deal with anything unless he has total power. The council will fold and go back to licking his boots again. Bottom line. The city has been and will still be lead by a group of fools. With Evans being the biggest joke and fool of all.
Posted by PalmettoHawk on May 30, 2008 at 12:02 p.m. (Suggest removal)
In reading of the passing of Harvey Korman I was reminded of his character in "Blazing Saddles" who is just the representation of Joe "Hedley Lamarr" Riley.
Posted by UpperSCFF on May 30, 2008 at 2:23 p.m. (Suggest removal)
Well, CaptPete, if "arsetime" is what firefighters feel is a priority than that is a department culture problem. Who's responsible for the department and all problems therein? The fire chief! Looking at his professional resume, I would say meaningful training was not high on his priority list.
Posted by Rebel_Yell on May 30, 2008 at 3:37 p.m. (Suggest removal)
What's funny is that Riley was going to step down after this term but all you whiners who could never come close to getting him out of office are making these deaths political fodder which will force him to run again, and win again, just so he leaves on his own terms. Sh.. happens and it happened at the sofa store for many reasons -- not just because of leadership or subordinate problems at the fire department. You all make it sound like Riley shot these men. I will enjoy it when he wins again just to see all you cry babies have to eat it. I am starting to think the CFD should be all voluntary so that bureaucratic leeches will not sign up just for benefits, sitting around and complaining. I doubt the NY mayor had to deal with so much second guessing when all those NY firemen perished in rubble -- they should have known it was a helpless cause, unstable, gonna collapse and so on. Sh.. happens when brave men crave danger and want to be heroes -- let them be heroes, not political fodder.
Posted by Thomas1776 on May 30, 2008 at 5:49 p.m. (Suggest removal)
Riley has aways been a manipulating troll that lies and spins the truth when he needs to stay out of trouble. Sad thing is, it took the horrible deaths of 9 brave men to finally expose what has always been. And he has there blood all over his hands like Rusty Thomas. They are responsible. Yet Riley is Riley. And all his years of dictatorship and twisting of the truth and outright lies have caught up with him.
Riley is finished. He won't be Mayor another term. And his name is coming off of the River Dogs stadium. He has shamed us all in the face of the 300,000,000 of our fellow American citizens.
God will punish him even more.
Posted by Thomas1776 on May 30, 2008 at 5:54 p.m. (Suggest removal)
Rusty needs to resign effective immediately. And he needs to return any and all public property he has in his residence or in his personal vehicles in to City Hall .. including government credit cards.
We have no reason to trust Rusty Thomas with anything. He should be treated as a criminal.
Posted by lillycollette on May 30, 2008 at 6:12 p.m. (Suggest removal)
I agree with Reader.
OMG--I JUST AGREED WITH READER!!!
Posted by noradellova on May 30, 2008 at 7:21 p.m. (Suggest removal)
Wait a minute here...It seems that "Bumpsy" Gallant and members of his "safety committee" are unable to see the forest for the trees. It seems to me that Gallant and members of the so-called safety committee are both complicit and derelect in their duties. Why is the committee present if they are not or are unable to assure the safety and well being of their constiuents. They have the oversight responsibility of the CFD. Not only is the Mayor and the fire chief at fault, so is "Bumpsy" Gallant and members of his committee.
As I see it, everyone is always buzzing for sound bites which will minimize the upcoming campaign expenditures. You Jack legs need to get busy with serving the public good.
Bumpsy, you allowed the News and Courier to bait you and you have again come off half cocked. Get your act together.
Posted by tsavonglah on May 30, 2008 at 8:15 p.m. (Suggest removal)
If anyone chose to do any real fact finding here, they would find that Jaime Green asked for a transfer and that station 9 is a great station. This was one of the most fair and equal promotions (for captains and engineers) that I have ever seen.City council is just now wanting to butt their noses into fire department business when they didnt even care about us before because we are a necesary evil. Why dont you guys just continue to keep your politics out of our business, we are not here for you own poltical gain Mr. Gallant.
Posted by burton on May 30, 2008 at 10:17 p.m. (Suggest removal)
tsavonglah,
So I guess it was just perfect timing that these transfers and promotions are happening right before the Chief retires? You need to read up on the Peter Principle. Hopefully, it doesn't apply to you but sounds like it may.
Posted by ChrisPia on June 1, 2008 at 8:42 a.m. (Suggest removal)
REBEL YELL.....Please don't Compare The SSS to The 911 Twin Towers.Many Firemen,Police,EMT's and Civilians perished trying to evacuate Numerous amounts of people and casualties from the twin towers.Very Different than The SSS.Going up over 100 flights of stairs and fighting a fire without communication and 1000+ emergency personell on scene is different than the sss.They are all Heroes.