CAMDEN COUNTY, Mo. — Camden County Planning and Zoning Administrator Don Hathaway announced his resignation last night, citing public "slanderous" comments by 2nd District Commissioner Cliff Luber and others as the reason.
Hathaway read his letter of resignation to the P&Z Commission at the Wednesday, March 19 commission meeting. Luber as well as Camden County Presiding Commissioner Kris Franken were in attendance.
Hathaway pointed to constant "back handed insults, interrogation and reprimand" and the "defamation of [his] character" in the media by Luber. He stated Luber's comments in the media were typically infused with "self interpretations of the facts that shows a lack of total respect for due process and the authority of others." “His lack of knowledge in the subject is apparent as he seeks to interpret rules and codes to the selection of his agenda,” Hathaway said.
In the letter, Hathaway also said:
“I have weathered the storm of criticism and budget restrictions. But it is impossible to manage a department without proper staff in which to fulfill the needs of the community. My goal here was to work with all residents of the county to build a better system of land use control. Implementation of Code revisions and adoption of modern technical specifications that meet the needs of this community were quickly identified as necessary priorities, along with achieving compliance with the regulatory laws of this state and the federal government for which we are governed.
“The task here is difficult enough to insure consistent code interpretation that is not arbitrary and capricious, without a hostile work environment being created by Luber, on a regular basis.
“It is because of Mr. Luber, and the continued harassment of me and my staff, that I submit my notice of resignation. I am unwilling to work in a position that cannot realize the necessary goals we set out to achieve. I will not work with a man who has engaged in misuse of his powers to thwart the efforts of this administration, and myself, in our duties and obligations to the people of Camden County.
“My frustration over the last year has diminished the quality of life I sought to maintain here for my family in your employment."
Hathaway has been employed with the county for two years, six months and according to county policy he will work 30 days after submitting his letter of resignation.
After reading the letter, Hathaway said, “My thanks to the planning commission for their service - it has been a pleasure serving with you all.”
“Thank you Don, I hate to see you go,” Camden County Planning and Zoning Commission Chairman Jerry Carroll said, followed by the consenting applause of the P&Z commission.
In the meeting, Luber addressed the P&Z Commission concerning his former allegations against Hathaway, the P&Z Commission, and Presiding Commissioner Kris Franken. Luber had alleged Franken brought ideas for Article 800 code revisions before the P&Z commission without his input. Franken said he had asked for—and did not receive—Luber’s input, but Commissioner Bev Thomas had submitted her recommendations.
At the February P&Z Commission meeting, Franken had presented ideas to the P&Z Commission for code revisions that were needed, he said, because the county was experiencing multiple problems with portions of the code that could be attributed to growth.
At the February and March P&Z meetings, Luber addressed the commission saying that he felt the process by which the revisions were presented by Franken were not in accordance with the county’s Unified Land Use Code, section 1402. Paragraph One of that section reads: “Whenever a request to amend the Unified Land Use Code or the Zoning Map is initiated by the County Commission, The Planning Commission, or the Board of Adjustment, the Planning Administrator, in consultation with legal counsel, shall draft the appropriate language and present it to the Planning Commission so that a date for the public hearing may be established.”
Luber added that he and Commissioner Beverly Thomas were not included in the drafting of the revisions. Franken said Luber was lying. Luber said that a meeting between the commissioners to discuss the codes was cancelled due to inclement weather and when he, (Luber) later requested a meeting to discuss the revisions and he says Franken denied his request.
Wednesday night, Luber and Hathaway got into a debate concerning the process. Hathaway informed Luber that he had received concurrence from both Camden County P&Z Attorney Ryan Harding and Camden County Attorney Charles McElyea that any P&Z Commissioner or the County Commission may legally submit a code revision proposal to the P&Z Commission. Hathaway said the process would then be for the proposal to go to the P&Z Administrator, who would then consult with the P&Z attorney for the proper language for drafting the code revisions. The revisions would then submitted to the P&Z Commission for public review and recommendation to the county commission for their final decision, Hathaway pointed out.
Luber reiterated that this did not satisfy him because it should have been submitted by the “commission” as a whole, not by “a” commissioner. In a later interview, Hathaway confirmed the attorneys said a single commissioner can present the idea and then it has to go through the proper procedures as outlined by the code.
Camden County Planning and Zoning Commission Chairman Jerry Carroll told Luber the issue should be handled by the county commission, not the P&Z commissioners.
During Wednesday’s meeting, the commission approved current P&Z Commission Chairman Jerry Carroll to continue in his capacity, and P&Z Commissioner Alison Schneider was approved as Vice Chair.
P&Z Commissioners Mickey McDuffey, Rich Pieper, and Norm Buechting terms are expiring in March. P&Z Inspector Dan Hayworth has submitted his intention to retire in April.
In an unprecedented action, Carroll stood up and addressed the P&Z Commissioners, saying, “A lot of people do not understand how difficult your job is. They think we get together once a month and many do not realize the long hours you put into researching, and looking at the subject sites to make a decision on people’s zoning. Recently, there have been complaints about the ethics of our committee. I can truthfully tell you this, with my years of experience, with the exception of one or two, I have never worked with a finer group of individuals, who take their job so seriously, and do the homework required, to make an informed decision. Thank you for a job well done.”
The next meeting of the Camden County Planning and Zoning Commission is scheduled for 5:30 p.m., Wednesday, April 16 at the Camden County Courthouse.
