Commerce City Manager Miller suspended, Council under investigation

Commerce City Manager Dion Miller was suspended for an indefinite period with pay after a 3-2 decision was made during the Mar. 4 City Council meeting.

Mayor Pro Tem Billie Biggerstaff requested the meeting, but because of the sensitive nature of the public hearing, Biggerstaff requested to adjourn to an executive session.

Commerce Mayor Quay Throgmorton gave Miller the option to have a public meeting or a private session. Miller chose to remain in the council chambers to conduct business, as it was a full room and a public meeting.

"Well, it's a public hearing; people are here so maybe we should just keep it public," he said.

Biggerstaff had a list of grievances against Miller she had prepared to share with the council and members of the community.

"I called this meeting because I'm not just very concerned, I'm extremely concerned with the direction the city is going," Biggerstaff said.

Biggerstaff called for the immediate suspension of Miller with pay for an indefinite period of time.

According to Biggerstaff, she was asked before the meeting to give names and specific times regarding the grievances brought up in the meeting.

"I am not going to name names so people can be singled out or questioned," Biggerstaff said. "I'm just finding a pattern here of problems that the city shouldn't have to deal with. I really would prefer not to get into it unless I'm absolutely pushed to it."

Throgmorton said the issue was already in the public eye and needed to be discussed.

Biggerstaff's list detailed that her goal was to establish a pattern in behavior which would explain why she believed the city of Commerce was having trouble.

"[Miller] has shown a propensity for putting everything off. I don't know if it's procrastination, or it's an inability to make a decision…but they just lead to the pattern and show what's been happening," Biggerstaff said.

One issue Biggerstaff spoke of was the water rate prices in the city. Once Biggerstaff finished, Throgmorton called on the council to see if any other members wanted to speak.

City Council member Richard Hill motioned that he would like a turn, and expressed his concerns.

"I think one of the most serious problems we have now facing this city is the criminal acts that took place at our waste water system," Hill said.

According to Hill, there was raw sewage being dumped in the river, which is not only a criminal violation of the TCEQ (Texas Commission on Environmental Quality), but the people who did it are criminal, and having knowledge of all this was going on without going public is a criminal act.

"It was not even brought to us until a city employee used a whistleblower act to bring this to our knowledge, so the council would know what was going on," Hill said. "After that happened, less than 36 hours later, more raw sewage was dumped into the river when we miraculously had a break-in and evidence was stolen from the waste water plant."

Each member of the City Council was given an opportunity to speak whether they were for or against the removal of Mr. Miller, and was asked to share what their reason or reasons were.

"I'm not one of many words, but I'll tell you straight up, I'm not happy," Council member Tony Henry said. "I don't like the direction we're going in, our leadership in my opinion isn't as strong as it needs to be and morale is down and that's a direct influence of our leadership."

A member of the community followed this statement by asking if Miller could address the Council since it was his job in question. Miller stood at the lectern, addressed the City Council, and explained his part in the incidents in question.

"Almost five and a half months ago, on Sept. 15, 2009, I approved for this Council, in this chamber, to respond and be held accountable for allegations regarding policies and procedures," Miller said. "I answered those allegations. I believe I provided all the proper documentation to show that I was following policies and procedures. At that time, the City Council didn't take action at the end of that public hearing, but yet, tonight, I'm faced with some of those same allegations, similar allegations that Mrs. Biggerstaff has brought forth. I don't understand that."

Throgmorton announced his feelings regarding the suspension of Miller at the end of the meeting.

"I'm not happy, I hope the folks out there aren't happy," Throgmorton said.

In accordance with section 27:28 of the city charter, Throgmorton called for an investigation of Biggerstaff, Henry and Hill for breach of the City Manager's contract, for charges in violation of the city's charter and for violation of the city of Commerce Administrative policies. In addition, Throgmorton called for an investigation into breach of city personnel administrative policies by city secretary, police chief, assistant police chief, director of administrative services and the city attorney.

Throgmorton said he will hold a public executive session outlining all the charges and details of those charges.

"We will be hiring an outside consultant to investigate these matters," Throgmorton said.