HomeMy WebLinkAboutCalled Commission Meeting February 23, 2016
CALLED MEETING COMMISSION CHAMBER
February 23, 2016
Augusta Richmond County Commission convened at 11:21 a.m., Tuesday, February 23,
2016, the Honorable Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Smith, Fennoy, D.
Williams, Hasan and Davis, members of Augusta Richmond County Commission.
The Mayor called the meeting to order.
1.LEGAL MEETING
A.Pending and potential litigation
B.Real estate
C.Personnel
Mr. MacKenzie: I would entertain a motion to go into an executive session to
discuss pending and potential litigation, real estate and personnel.
Mr. Sias: I so move.
Mr. Hasan: Second.
Mr. Fennoy, Mr. Frantom and Ms. Davis out.
Motion carries 7-0.
[LEGAL MEETING]
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
2.Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit.
Mr. Fennoy: So move.
Mr. Frantom: Second.
Mr. Mayor: Voting.
Motion carries 10-0.
Mr. Mayor: Attorney MacKenzie.
1
Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing
the settlement of all claims of BellSouth Communications, Inc. doing business as AT&T
Georgia in the amount of $37,000 and authorizing the Administrator to approve this
disbursement.
Mr. Lockett: So move.
Mr. D. Williams: Second.
Mr. Mayor: Voting.
Motion carries 10-0.
th
Mr. Mayor: The Chair recognizes the commissioner from the 4.
Mr. Sias: Thank you, sir.
Mr. Mayor: For a motion.
Mr. Sias: Motion to approve Environmental Services Director Mark Johnson for
thirty days without pay and be placed on a six-month performance improvement plan.
Mr. Fennoy: Second.
Mr. M. Williams: Mr. Mayor, a roll call vote.
Mr. Mayor: I’ve got a motion and a second. Roll call vote. I’m sorry. That wasn’t his
motion.
Mr. Hasan: The salary?
Mr. Mayor: That didn’t include, I mean, he read his motion. All right, the Chair
th
recognizes the commissioner from the 6. State your inquiry.
Mr. Hasan: Yes, sir, Mr. Mayor. I thought we would discuss –
Mr. Mayor: Would you pull the microphone down, sir?
Mr. Hasan: Yes, sir, I’m sorry. I thought we had discussed the law in reference, as well
as, the salary.
Mr. Mayor: There was a lot of discussion about that. Do you have something you want
to add or restate where the motion was concerned?
Mr. Hasan: No, I thought I would just remind Commissioner Sias he had the motion
written out. I think he might have probably omitted that by mistake.
2
Mr. Mayor: I can’t say that. He gave a clear motion if you’d like to make a substitute or
th
if you want to restate it. The Chair recognizes the commissioner from the 4.
Mr. Sias: May I inquire of our attorney, please, sir?
Mr. Mayor: All right, the Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: I think that would just be a recognition that this would also as part of
the normal process result in the salary increase being reversed and any funds received as a result
of that being required to be paid back.
th
Mr. Mayor: Okay. All right, the Chair recognizes the commissioner from the 9. State
your inquiry.
Mr. M. Williams: Thank you, Mr. Mayor. I’m glad that someone asked that of the
attorney so that would be in public records and at least we’ll know what’s what when you make a
motion like that. It look like it ought to be clarified to the point where you wouldn’t have to
second guess and I thank Commissioner Hasan for at least paying attention to that fact. That’s
supposed to have been the motion put up with those three things put in it and I just want to
clarify to make sure that everything is included. I asked for a roll call vote, please.
Mr. Mayor: Thank you. All right, the Chair recognizes Mayor Pro Tem.
Mr. Smith: I’d like to make a substitute motion that there were three or four involved and
whoever is involved should receive basically the same thing except for those who got the
increases, pay it back and then maybe probation of three months to at least acknowledge that
some procedures weren’t followed correctly or, you know, and so we can investigate them to get
them straight but I think these are good county employees. We need to realize we’re all going to
make human mistakes instead of just barbequing one, let’s get those involved and set a standard
because we have a lot of people looking at us and I think we just need to be fair and all aspects of
it from the bottom right on up to the top, see where it goes. So anyway I think those three that
were mainly involved were the names I heard, that we should, you know, everything be the same
except those who received the improper increases for whatever reason let’s put them on the same
standard and go ahead and move forward.
Mr. Mayor: I’ve got a substitute motion.
Mr. Guilfoyle: Mr. Mayor, for clarification is the Mayor Pro Temp speaking of Mark
Johnson, Michelle Elam, and Ted Rhinehart?
Mr. Smith: Correct.
Mr. Guilfoyle: I’ll second that.
Mr. Mayor: I’ve got a substitute motion with a proper second.
3
Mr. M. Williams: Roll call vote on that one too.
rd
Mr. Mayor: All right. The Chair recognizes the commissioner from the 3,
Commissioner Davis.
Ms. Davis: Mr. Mayor, I just wanted to get clarification as far as at will employees.
That’s my only concern here as far as handing down the same kind of motion, wanted to make
sure that that’s under our authority, I guess, is all I’m asking from Mr. MacKenzie.
Mr. Mayor: All right. The Chair recognizes Attorney MacKenzie to speak to the matter.
Mr. MacKenzie: The department directors and direct reports are SES level employees
that do not have appeal rights for discipline. Other employees would have to follow the chain of
command with respect to where they work.
Mr. Mayor: Okay. All right, I’m going to ask a question to follow that up. Is it not true
that all of our employees are at will employees in the state of Georgia?
Mr. MacKenzie: That’s correct.
Mr. Mayor: Okay. All right. Commissioner Davis has asked a question with regards to
whether or not this body has jurisdiction to invoke the same disciplinary measures on the said
employees. I think that’s what your question was and you didn’t get a clear answer. Or did you?
I didn’t think so.
Ms. Davis: Well, first I heard that I thought Mr. MacKenzie said that not necessarily
from the Commission but then what you just said that all employees are at will employees.
Mr. Mayor: At will employees in the state of Georgia.
Ms. Davis: Thank you.
Mr. Mayor: Georgia is an at will state. Okay. All right, I’ve got a substitute motion and
a second. All those in favor vote, well, we’re going to do a roll call vote. Madam Clerk.
The Clerk: Substitute motion. Mr. Grady Smith, Mr. Wayne Guilfoyle. Ms. Davis.
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: No.
The Clerk: Mr. Frantom.
4
Mr. Frantom: Yes, ma’am.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
The Clerk: Mr. Hasan.
Mr. Hasan: No.
The Clerk: Mr. Lockett.
Mr. Lockett: No.
The Clerk: Mr. Sias.
Mr. Sias: No.
The Clerk: Mr. Grady Smith.
Mr. Smith: Yes.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: No.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: Present.
Motion fails 4-5-1.
Mr. Mayor: All right. Now we’re back to the underlined motion and I think everybody
understands what that is. We’re going to do a roll call vote. Madam Clerk.
The Clerk: Mr. Sias and Mr. Fennoy. Ms. Davis.
Ms. Davis: No, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: Yes.
The Clerk: Mr. Frantom.
Mr. Frantom: No, ma’am.
5
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: No, ma’am.
The Clerk: Mr. Hasan.
Mr. Hasan: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: Yes.
The Clerk: Mr. Sias.
Mr. Sias: Yes.
The Clerk: Mr. Smith.
Mr. Smith: No.
The Clerk: Mr. Dennis Williams.
Mr. D. Williams: Yes.
The Clerk: Mr. Marion Williams.
Mr. M. Williams: Yes.
Motion carries 6-4.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: That’s all the matters I have from legal.
Mr. Mayor: All right. Madam Clerk.
The Clerk: That’s it.
[MEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
6
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
February 23, 2016.
________________________
Clerk of Commission
7