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City Code Enforcement Officer David Caban will keep his job for at least another week. On the advice of a Tallahassee labor lawyer, the council will revisit the question of Caban’s status at a special meeting March 27.

When City Administrator Bob Farley recommended placing Caban on permanent status at a March 11 council meeting, Councilman Mark Stewart’s motion to that effect died for a lack of a second. No further action was taken on the matter.

Because the council did not formally fire Caban, “there was no clear cut answer” to the question of Caban’s status, said attorney Rob Larkin, a labor law specialist. Caban was in limbo, no longer on probation but not a permanent employee either.

City Attorney Ernie Sellers said he believed the council’s failure to grant Caban permanent status at the end of his probation meant Caban had effectively been fired. Councilman Don Boyette agreed.

“I don’t know what we did, but that’s the way I saw it,” Boyette said of the council’s failure to grant Caban permanent status. “It was clear that four councilmen didn’t want him.”

Mayor Sonny Nobles called the situation unprecedented, however.

“In my 32 years I have never known the council to deny an employee permanent status adversely of the recommendation of administration,” Nobles said.

In response, Sellers suggested the city hire a labor lawyer to examine the matter more closely.

Meanwhile, at least one councilman said Monday that Caban was denied a vote March 11 because of an error on the councilman’s part. Stewart’s motion died for lack of a second, according to Council President Ken Duce, because Duce was unaware that, as council president, he could second a motion.

“I didn’t know I could second it as president of the council,” Duce said.

Duce said he would vote for Caban to be placed on permanent status at the March 27 meeting.

“He’s done a darned good job,” Duce said.

Caban has been allowed to continue employment until his status is determined. He has in the meantime waived any rights of a permanent employee.

Caban’s probation was extended and he was suspended without pay in January after he violated city policy regarding possession of alcohol and personal use of a city vehicle during working hours.