The Duncan Banner

Local News

October 24, 2013

City Council rejects appointing Shaw to Board of Adjustment

DUNCAN — The Duncan City Council rejected appointing former city manager Clyde Shaw to the Duncan Board of Adjustment, citing Shaw’s decisions in his previous position.

Council members discussed Shaw’s possible appointment to the Board of Adjustment before casting a 3-to-2 vote against allowing Shaw to join the board. The Board of Adjustment oversees code enforcement for the City of Duncan.

Shaw’s appointment was listed among the consent agenda items, which are routinely approved by a vote of the council members. But Vice Mayor Ritchie Dennington requested the item be pulled from the consent agenda to be discussed and voted on separately.

“I don’t think Mr. Shaw is a good fit for our Board of Adjustment, based on some of the decisions he made when he was city manager,” Dennington said.

Shaw retired from the City of Duncan in May 2010, after more than 31 years, serving in several capacities including financial director and city manager. City Manager Jim Frieda took over the position in July 2010.

“Board of adjustment was created by city code,” Frieda said. “It’s basically to correct a decision made by a city official. Decision made by the Board of Adjustment cannot be overruled by the city council. The only way to reverse a decision made by the Board of Adjustment is to file a lawsuit through District Court.”

To be considered for appointment to the board, Shaw filed an application with the City of Duncan. Shaw’s application was to fill a position on either the Board of Adjustment or the Duncan Planning Commissioner.

If he had been appointed to the Board of Adjustment by the City Council, Shaw would have served a three-year term in Seat 1 from November 2013 to November 2016. Seat 1 is vacant, having been vacated by Mike Palovik. Palovik’s three-year term expired this year.

Dennington voted against appointing Shaw to the board. And he wasn’t alone. Councilmen Ricky Mayes and Mike Nelson also voted no on appointing Shaw to the Board of Adjustment.

Mayor Gene Brown and Councilman Tommy Edwards voted in favor of Shaw being appointed. Because the item failed to carry the majority of the councilmen’s votes, the item was rejected by the council.

Current members of the Board of Adjustment include Donnie Parris, Tracy Atkinson, Donna Duwe and Ron Martin.

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