City code officer fired after all

Published 10:29 am Wednesday, September 22, 2010

Live Oak’s code enforcement officer was fired Monday afternoon just six days after being saved from the chopping block by the city council.

Live Oak City Administrator Bob Farley said Tuesday morning that David Caban was terminated “for failure to follow direct orders.”

He was fired at 2 p.m. at City Hall.

The move to oust Caban at last Tuesday’s council meeting was a cost-cutting measure by Councilman Adam Prins. That move failed in a 3-2 vote with Councilman Bennie Thomas voting with Prins to combine the position of code officer and building inspector.

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Monday night during a recessed meeting at City Hall, Prins again made the motion to abolish the code enforcement position.

“I felt that in light of today’s occurrence, I think that we go ahead and abolish that position,” said Prins. “I am an advocate of code enforcement … I just feel like we need to combine that with (the building inspector position).”

Farley suggested that the position remain in the budget, but recommended the council leave only $15,000 of the $47,009.91 budgeted for the position. Farley suggested the remainder, $32,0009.91, be used to help offset an anticipated 32 percent sewer rate increase on commercial customers.

The $15,000 would be used for code enforcement matters generally, say officials. It is not clear if city building inspector Roy Rogers will take over Caban’s duties, as Prins had earlier proposed.

Farley and Finance Director Jan Parkhurst are scheduled to submit a proposal on how to use the $32,000 to help defray the proposed commercial utility rate increase at a Sept. 28 meeting at City Hall at 6:30 p.m.

Caban was nearly fired in September 2007, when the City Council voted 3-2 to terminate him at least partly in response to citizen complaints that they had been cited for violations on property they did not own.

However, then City Attorney David Robertson advised the Council that only City Administrator Bob Farley could fire Caban. Mayor Sonny Nobles directed Farley not to do so.

In January 2008 Caban was suspended for 5 1/2 days after officials learned he had violated city policy regarding possession of alcohol on city property and use of a company vehicle during working hours.