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HomeMy WebLinkAboutCalled Commission Meeting May 9, 2011 CALLED MEETING COMMISSION CHAMBER May 9, 2011 Augusta Richmond County Commission convened at 12:00 Noon, Monday, May 9, 2011, the Honorable Joe Bowles, Mayor Pro Tem, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Aitken, Johnson, Jackson and Brigham, members of Augusta Richmond County Commission. ABSENT: Hon. Deke Copenhaver, Mayor. The Mayor Pro Tem called the meeting to order. 1.Motion to approve revising the appropriate code to delete the requirement that the Augusta Richmond County Commission meet at the Courthouse and to delete the requirement that the Administrator or other functions of the Augusta government must have their offices at the Courthouse. Mr. Bowles: I guess we’ll take Item 1 and address that and refer this to either Fred or Mr. Lockett, whoever wants to address Item 1. Mr. Russell: Mr. Mayor Pro Tem, if I may, what you have before you is a motion that simply revises the appropriate Code/Charter selection to delete the requirement that the Augusta Richmond County Commission meet at the Courthouse and to delete the requirement that the Administrator or other functions of Augusta government must have their offices at the Courthouse. We’ll looked at this, we’ve pared that down greatly from the original changes that we had proposed and simply before you begins the process and requires readings and everything that the lawyer can explain, but it’s simply stated says that we will not have to meet at the Courthouse. It deletes that portion of that section and that Augusta, that my office or other offices that function do not have to have their offices at the Courthouse. Andrew, would you like to add to that? Mr. MacKenzie: Sure. And just to make sure we’re all clear on exactly what this does, the last page of this is a red line version and the red line version shows what would be stricken from what the existing local ordinance is and the only changes that are being proposed are to remove the requirement that it be, the meetings be at the Courthouse and that the Administrator have an office at the Courthouse. What was already in there, if you look under Section 6, this was a local law that already had the language in there that you have an office of the Administrator and that it provides how duties are set for the Administrator and things of that nature. We didn’t change anything with respect to that other than to strike out “at the Courthouse” and change the name of the government from Richmond County to Augusta, Georgia. Mr. Bowles: Mr. Lockett. 1 Mr. Lockett: Thank you, Mr. Chairman. I just had a brief discussion with the General Counsel. On this proposal that he’s given us, it’s a Charter change which requires two-thirds vote, which is eight, but also included in that Charter change is giving this body authorization to create resolutions detailing the Administrator’s duty. The resolution requires six votes so we’re going to vote on the Charter change which requires eight votes to give this body the authority to give the Administrator whatever duties we want with six votes and that’s what we’ve been fighting for the last month. If I’m talking about the same document that I just talked with the General Counsel on. Is that the same one, Mr. MacKenzie? Mr. MacKenzie: If you look at Exhibit A in the packet that we provided and I can actually put this on the overhead – Mr. Bowles: Yeah, if you’d put it up, please. Mr. Lockett: Yeah, you took my copy, Mr. MacKenzie. Mr. Hatney: While you’re doing that, Mr. Chair, can I ask a question? Mr. Bowles: Sure. Mr. Hatney: I was under the impression that we’re supposed to have a legal session and discuss all of this. How did we get into this without going into legal? Mr. Bowles: Because I referred, since I’m running the meeting I’m going in order and item #1 is on as item #1 and I thought everything had been worked out last week when I was presenting the information and so here we are so we might as well hash it out and go with it. Mr. Hatney: But, Mr. Presiding Officer, but it does say legal meeting. That’s all I’m saying. Mr. Bowles: Yes, sir, that would be number two. I’m on item #1 and that’s sequential order and that’s how I’m running this meeting. Thank you. Mr. Hatney: Okay, so you – Mr. Bowles: Thank you. Mr. Hatney: So you decided that one – Mr. Bowles: Yes, I did, yes, sir. Mr. Hatney: Don’t raise your voice at me, please. Mr. Bowles: Don’t question how I’m running this meeting. 2 Mr. Hatney: I’m trying to get some understanding. This whole page says legal meeting. That’s all I’m asking and if you decided that it don’t need to be, then go ahead and preside your meeting. Thank you, sir. Mr. MacKenzie: If I can address that issue just briefly. There is actually an agenda item on the Commission agenda and then there also is a legal meeting after this. If you look at Exhibit A this is an exact reading of what the Section 4 and Section 6 of the local law currently read and if you look at it you can see in Section 6 it already had the language in there establishing the office of the Administrator. This law actually originated back in 1980 and at that time by home rule the Commission decided to create an office of Administrator and to provide that the Commission would set the duties of the office of Administrator by resolution and so the proposed amendment that you have before you is not to change any of that language that’s already existing in the statute, it would just be to change, to strike out the words “at the Courthouse” and to change the name of the government as shown on the last page of the packet which is the red-lined version. Mr. Bowles: Mr. Lockett. Yes, sir. Mr. Lockett: Thank you, Mr. Chairman. Mr. MacKenzie, the day we had the work session I believe the Administrator prepared a motion that dealt with only meeting. The Mayor looked at it, the Administrator looked at it and I believe all the commissioners, I know Mr. Brigham looked at it, I looked at it and we were all in agreement that that alone could resolve this issue that’s been lingering for a good bit of time now. This had nothing to do with the Administrator. We specifically indicated that anything dealing with that we wanted to be a separate entity and we told you that. But I don’t know why you keep adding stuff about the Administrator and we keep telling you leave it separate. Leave it alone and let’s take care of the Courthouse meeting. Mr. MacKenzie: I guess what I’m saying is that Section 6 is the section that deals with the Administrator and that’s the section that contains the word “who shall have an office at the Courthouse” and so there’s no way we could not amend that section and take out the words “have an office at the Courthouse”. Mr. Bowles: Mr. Russell. Mr. Russell: Yes, maybe I could help with this because I did do that and the only thing we’ve done in either of these items is to remove the requirement that the Commission meets at the Courthouse and I have an office at the Courthouse. That’s the two sections that we had talked about. If I misunderstood just the meeting part, that’s my fault, but what we’ve done with these two items is just say that we shall not meet at the Courthouse and my office does not need to be at the Courthouse. That’s all we’ve done, sir. Mr. Lockett: Mr. Russell, I think one thing that might be confusing me a little bit is the General Counsel sent me an e-mail with two paragraphs showing what the agenda item was supposed to be and the second paragraph indicated that we were going to do a Charter change. Within that paragraph it mentioned the Administrator and it also mentioned authorizing a 3 resolution to give the Administrator whatever authorities. So when I read that the first thing that came to my mind is you’re trying to get us to do a Charter change authorizing within the Charter this body with six commissioners to do a resolution giving you all the authority that you have solicited. Mr. Russell: That’s not accurate. If you read this word for word it very simply says, “Be it further enacted that said commission shall hold one session for Augusta, Georgia purposes on the first Tuesday of every month except the month of April at other times as often in their judgment as powers and their duties herein conferred may require.” That basically simply removes the requirement that it be at the Courthouse. Section 6 says, “Such Board of Commissioners shall have the power and authority to elect the County Administrator”, elect the Administrator removing the word “County, “who shall have an office at the Courthouse”. That deletes the requirement that I have an office at the Courthouse. “The Administrator shall be responsible to the Board of Commissioners for the proper administration of affairs of Augusta, Georgia,” deleting the word “County”. The terms Administrator and condition of employment of the Administrator, the duties of the County Administrator shall be determined by resolution of the Board of Commissioners. That does not change anything that was already there. That basically says that you as a group can assign me duties and whatever. The only thing actually done is change the name of Richmond County to Augusta, Georgia and in both sections it says we shall not have to meet at the Courthouse or I should not have to have my office at the Courthouse. Everything else remains the same, sir. Mr. Bowles: Mr. Brigham. Mr. Brigham: I think Mr. Russell said it – Mr. MacKenzie, I believe the reference to the resolution in this paragraph is already in the ordinance as it is currently existing today? Mr. MacKenzie: Yes, that is correct. The 1980 local law that was passed by home rule by the Board of Commissioners created the language with respect to the powers of the Administrator being delegated by the Commission by resolution. We did not alter that language at all. Mr. Brigham: Nobody’s trying to change anything about the resolution at all. Mr. MacKenzie: No. Mr. Brigham: The current law is the current law. Mr. Bowles: Mr. Lockett. Mr. Lockett: Thank you. I think this will probably be the final time. This wasn’t repealed by House Bill 805? Mr. MacKenzie: No, it wasn’t. Mr. Lockett: So it’s still in effect? 4 Mr. MacKenzie: Yes. Mr. Lockett: So, it’s saying then that a resolution can give the Administrator whatever authorities he or she wants. Mr. MacKenzie: By resolution the Board of Commissioners can delegate certain duties and authorities to the Administrator as long as they don’t conflict with any other law. Mr. Lockett: Okay, in other words, so you’re saying that that could be done now. Mr. MacKenzie: Yes, and it actually has been done since 1996. Mr. Lockett: And we can give the Administrator all these authorities but with six votes we can’t decide where this body is going to meet or where the Administrator’s office is going to be located. Mr. MacKenzie: Well, it takes eight votes to amend a local law and so that’s what you’re – this was a proposal to do would be to amend the local law to change that part of the local law. Mr. Bowles: Yes, sir, Mr. MacKenzie. Mr. MacKenzie: Just one other thing I’d like to add as well. Because of the rules relating to amending the Charter, we’re not actually asking the Commission to even issue a vote What I would look for is a motion to receive this as on this particular item today. information and for a motion to instruct the Administrator and General Counsel to put together the proposal that you have before you so that the Commission can vote on this at the next Commission meeting and then that would also trigger the appropriate time line for us to get in publications which have to be done and things of that nature. Mr. Bowles: All right, can I have a motion to receive this as information? Mr. Jackson: So move. Mr. Johnson: Second. Mr. Bowles: All right. We have a motion and a second. All in favor, vote, or opposed, vote, however you want to do it. Mr. Lockett votes No. Motion carries 9-1. 2.LEGAL MEETING A.Pending and potential litigation B.Real estate C.Personnel 5 Mr. Bowles: Mr. Administrator, you can take item two. Or, Andrew, is there a need for a legal meeting? Mr. MacKenzie: Yes. I would entertain a motion to go into a closed legal meeting for pending and potential litigation, real estate and personnel. Mr. Bowles: Is there a motion? Mr. Brigham: So move. Mr. Bowles: Second? Mr. Jackson: Second. Mr. Bowles: All right. Vote by your usual – Mr. Hatney votes No. Motion carries 9-1. [LEGAL MEETING] The Mayor Pro Tem called the meeting back to order. Mr. Bowles: Mr. MacKenzie, are there any items to add and approve? Mr. MacKenzie: Yes, there would be, I would entertain a motion to add and approve a resolution authorizing the settlement of all claims in the pending lawsuit styled Williefred T. Luckey v. Augusta-Richmond County, Georgia, Civil Action File No. 2004- RCCV-1171. Mr. Lockett: Move to approve. Mr. Johnson: Second. Mr. Bowles: All in favor. The Clerk: Was this just to add or was this to add and approve? Mr. Bowles: Add and approve. The Clerk: Could we state that for the record, please, that that’s the motion to add and approve? Mr. Lockett: Add and approve. 6 The Clerk: Thank you. Mr. Bowles: Anything else, Mr. MacKenzie? Mr. Mason votes No. Mr. Hatney, Mr. Smith and Mr. Aitken out. Motion carries 6-1. Mr. Johnson: Grady’s here. The Clerk: Well, he didn’t vote. Mr. Johnson: Grady, your vote didn’t go in? Mr. Jackson: Too late to push a button now. The Clerk: What do you vote, Mr. Smith? How do you vote? Just put it in the record. Mr. Smith: Yes. The Clerk: That motion carries 7-1 with Mr. Smith voting Yes, Mr. Mason voting No and Mr. Hatney and Mr. Aitken out. Mr. Bowles: I think, Lena, we need to clarify if Mr. Mason was voting No to add it or just No to approve it. Mr. Mason: No to approve it. Mr. Bowles: Thank you, sir. Just dotting my I’s and crossing my T’s. All right, I guess we need a motion also to – Mr. MacKenzie: - to execute the closed meeting affidavit. 3.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Johnson: Motion to close. Mr. Jackson: Second. Mr. Bowles: By the usual means. The Clerk: Closed door affidavit. Mr. Mason: Closed door. The Clerk: I think it was potential litigation, real estate and personnel. 7 Mr. Mason votes No. Motion carries 9-1. Mr. Bowles: We stand adjourned. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on May 9, 2011. _______________________ Clerk of Commission 8