Probe takes new scrap policy into account

  • Monday, August 29, 2011
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  • Keywords:policy, scrap
[Fellow]

One day before leaving office in the wake of a controversy over the theft of scrap metal by city workers, former city manager Norton Bonaparte approved a city scrap materials policy.

City officials plan to take that policy into account as they conduct a pending investigation into another alleged theft of recyclable materials by a city employee.

Interim city manager Dan Stanley confirmed Monday that the city was investigating such a case.

In response to a request by Raubin Pierce, of 580 WIBW Radio’s "On the Other Hand" program, Stanley on Tuesday released a copy of the city's scrap materials policy to Pierce. Later that day, Stanley provided a copy in response to a request from The Topeka Capital-Journal.

The three-page document detailing the policy is dated June 30 and signed by Bonaparte, who left July 1 under a severance agreement he reached with the council. Council members voted to end Bonaparte's employment after he came under fire for his handling of an incident in which scrap metal was stolen from a work site by city employees and sold for personal profit.

The policy took effect July 22 and is applicable to all city employees, according to the document.

It said, “This policy specifically repeals and replaces prior city policies and administrative memoranda relative to scrap materials.”

The city before last month had no policy that dealt specifically with scrap materials but used its other policies to address such situations. Those policies included prohibiting employees from collecting city-owned, discarded or scrap materials for personal use.

The new policy takes two sentences to address the responsibilities of city employees regarding the possession or sale of city scrap materials.

It says: "No city employee, or agent thereof may personally possess and/or sell for personal gain any scrap materials or salvage/surplus items for any reason unless that individual has purchased some items or materials at public bidding or auction. Violations of this policy may result in discipline up to and including termination and criminal prosecution as applicable."

Stanley said any disciplinary action would be based on the specific circumstances involved and how they tie in with the city's personnel code and its contract with the bargaining units representing any employees involved.

The scrap materials policy defines scrap materials as "any material which the city purchased, received or accepted for maintenance that has monetary value and/or construction value and is capable of being sold on the open scrap market."

The policy calls for "commercially available means of sale" to be used if the materials can’t be reused by the city.

"All proceeds from the sale of scrap materials shall be accounted for and deposited to the appropriate fund by the city of Topeka finance staff," it says.

The policy says that for large volumes of scrap where estimated proceeds will exceed $5,000, "the type and quantity of scrap material shall be made known to the budget and financial services department's contracts and procurement division for sale at public auction."

For disposal of scrap valued at less than $5,000, the policy calls for city employees to contact at least three local vendors and obtain prices for the type of materials to be sold, then sell the scrap materials to the highest bidder.

Payment shall be made only by check or electronic fund transfer to the city of Topeka.

"The employee shall not accept cash payment for any scrap materials," the policy says.

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