Ellsworth police chief resigns

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Ellsworth police chief resigns

By
Alan Rusch Ellsworth County I-r

The resignation of Ellsworth Police Chief Jerry Penny was accepted by the Ellsworth City Council Monday.

Penny sent a letter of resignation to Interim City Manager Allen J. Dinkel June 18. It becomes effective two weeks from that date.

“I have received an opportunity to be closer to my kids and future grandkids, and I feel that I need to take it,” Penny wrote in the letter. “I appreciate the opportunities I had during my time at the Ellsworth Police Department.”

After they approved the resignation, Dinkel said it was a good time to discuss the police department and how to proceed in the future.

“Even though I am very supportive of having a police department in a city of this size, there are others who feel there may be other options,” he said, noting he has had two council members reach out to him wanting to discuss how to move forward.

“Naturally, there have been public concerns in the past couple of years regarding the police department,” Dinkel said. “This is an opportunity to move ahead in a positive manner.”

One option would be dissolving the police

“Naturally, there have been public concerns in the past couple of years regarding the police department. This is an opportunity to move ahead in a positive manner.”

Allen J. Dinkel

Interim Ellsworth City Manager department and going strictly with a county law enforcement model such as the Ellsworth County Sheriff ’s Department.

Dinkel noted, however, if the council does decide to go with the countyonly option, that comes with a lot of issues that need to be explored indepth first.

Mayor Dan Finnegan, who attended the meeting via Zoom, said he supports the police department and would not be in favor of discussing dissolving the department “I’ll go on record. I called Allen (Dinkel) about it,” council member Don Panzer said. “My father was sheriff in Lincoln for 23 years, and they converted the chief of police and the police department to the sheriff ’s office. It made the expenses of the vehicles less, it made the expenses of the cars less and you had an elected official overseeing the whole city and county — and it worked good.”

Panzer added he was not saying that model was perfect for Ellsworth, but it might be worth considering.

“Maybe it’s something we want, maybe it’s something we don’t want,” Panzer said. “Now is the time to look at all the options.”

Council member Darcy Hansen noted its hard to recruit police officers to work in Ellsworth.

“It (looking at a county- only option) was just a thought,” she said. “I didn’t say dissolve the police department, I said it’s a time to look at something like that. It’s just something to think about.”

“I didn’t say that either,” Panzer said. “If we can’t have open discussions, then we’re not doing our job. And I think the City of Kanopolis right now is looking at doing the same thing,” Penny told the council he was totally against dissolving the police department and turning law enforcement for the city over to the sheriff ’s office.

He then voiced concerns about being interfered with when it comes how the department is being run.

“You have got to let the police department be the police department,” he said. “Let the chief run the department. Get out of it. Follow the policies that are here.”

Penny said because of things like that, the city council will have a hard time finding a replacement for him and his 32 years of experience in law enforcement.

“I think it’s a huge mistake if you take this police department away and turn it over to the county,” he said.

Council President Jessica Kootz said having an open and honest discussion is not going to hurt anything as long as the council looks at both the pros and cons.

Dinkel suggested the matter be tabled until the next council meeting July 14.

In other business:

• By a 4-1 vote, (council member Aaron Johnson was absent) the council approved Charter Ordinance No. 28 relating to the elections and appointment and removal of city officers. Finnegan voted against the charter ordinance.

Charter Ordinance No. 28 repeals Charter Ordinances No. 22 and No. 27.

Section 3, regarding the appointment and removal of officers, was amended in Charter Ordinance No. 28 to say the governing body (council and mayor)may hire and employ a city administrator, police chief and city clerk and enter into an agreement for the services of a city attorney when a vacancy exists. A vote of a majority of all the members of the council may remove these officers. The mayor shall not have the power to suspend any officer. All other employees will be hired and removed by the city administrator.

Dinkel said there has been a fear voiced in the community that this change would give the council full control in issues covered by this charter ordinance.

“Yes, the council would vote on these issues, but remember, even though there is one council, it would take at least three of the five members to take any action,” he said.

Dinkel also noted that by state statute, the mayor retains the power to vote on charter ordinances.

Before the vote, Finnegan said the ordinance kind of does away with the checks and balances implemented by the state.

“What I’m worried about is you’re not only getting rid of appointments process, you’re not even talking about the suspension process,” he said. “That has never come up. Those are essential tools that mayors can use in the future, and you’re just kind of wiping them away tonight.”

In a response to Finnegan’s comments, Panzer asked why the council needs more drama.

“Lets move on and be done with it,” he said.

• Louise Blanding was approved by the council as the new city clerk after being appointed by Finnegan.

• Approval was given to a request by Dr. Lindsey Voeltz of Oak Creek Chiropractic to host the annual Kids Ninja Warrior event from 9 a.m.-4 p.m. Saturday, July 19, in Preisker Park.

Dinkel said the city crew will work with Voeltz to make sure everything is in order at the park for the event.

• A proclamation highlighting June as Elder Abuse Awareness Month in the City of Ellsworth was approved as requested by the Domestic Violence Association of Central Kansas.

• Grow Ellsworth County Board President Justin Lindsley introduced New Grow Executive Director Kevin Colle.

• Approval was given to the proposal from UES to conduct site exploration services for the wastewater treatment facility improvements in the amount of $14,385, with the provision that the work will not commence until after the 2025 wheat harvest on that parcel of land.

• Approval was given to Resolution 2025-21, adopting the Kansas Homeland Security Region F Hazard Mitigation Plan.

• The council gave approval by consensus to David Pyle to proceed with the process aimed at building duplexes along K-14 Highway in the Canren Addition north of the Good Samaritan Society. Since the lots are so small, Dinkel suggested Pyle do a Planned Unit Development, which is a predetermined layout and design to use the land efficiently and to preserve the property values within established neighborhoods.

• Approval was given to the city facility twoyear use agreement and fees with USD 327 for the use of city hall, the health and recreation center, sports complex and golf course and the expectations of both the city and USD 327.

• Approval was given to increase facility rental at the health and recreation center from $100 per month to $125 per month for Ellsworth Tumble, Dance and Cheer from September through May.

• No action was taken regarding a discussion of zoning regulations regarding accessory buildings in an R-1 single- family dwelling district.

Dinkel noted there have been some recent requests made to allow construction of an accessory building in an R-1 zoned district when there is not a residential use on the lot.

It was recommended the city planning commission look at zoning codes and work on them.

The next meeting of the Ellsworth City Council is at 5:30 p.m. July 14 at city hall.