RECENT COURT DECISION INTERPRETED
The city's Personnel Attorney Paul Myrick told the city council that as a result of a recent supreme court ruling -- it is his opinion that only the Mayor can select who is to be City Administrator; but the City Council still selects who is the Chief of Police, Treasurer and City Clerk.
The Mayor selects/hires all other employees too; but the council creates (or eliminates) their positions (and sets salaries) -- according to Myrick.
Arguably, both the Mayor and Council share some authority to fire/terminate (certain) employees, under certain conditions; but the Mayor has the preponderance of that power, Myrick said.
Myrick said because of the court's ruling (with the exception of police officers) -- there is no longer an appeals process for regular employees terminated by the Mayor (as before) -- to the personnel board or council.
COUNCIL OPINIONS DIFFER
Councilmember Kingrea, a former law partner of Myrick's, differed in his interpretation saying he believed the city council could still determine which Municipal Officers (referring to city management) the council appoints; and it still has the power to remove any city employee as well, by majority vote (Sec 11 43 160). Myrick disagreed.
Al. Code 11 43 160:
(2) The council of the municipality may remove, by a two-thirds vote of all those elected to the council, any person in the several departments for incompetency, malfeasance, misfeasance, or nonfeasance in office and for conduct detrimental to good order or discipline, including habitual neglect of duty.
The difference of opinion seemed to turn partly on the definition of the term municipal Officer, which is left undefined by the vague Alabama Laws -- according to Myrick.
Myrick expressed frustration: ". . . its a quagmire, . . . subject to interpretation."
Councilmember Quinn asked how the city's Personnel Board figured into the equation now; and was told by Myrick in his opinion, as things stand now, they had no input at all (in non-police matters) -- unless the city council chooses to adopt a merit system for employees. (Note: Police officers already have such a merit system)
(Adding to the confusion, it was reported later by a Fairhope Courier reporter that the city does indeed have an ordinance requiring a merit based personnel system for all employees.)
LEAGUE OF MUNICIPALITIES WEIGHS IN
A recent statement from the legal wing of the Alabama League of Municipalities appeared to concur with most of Myrick's interpretation, but only for the time being -- until another legal precedent is set (lawsuit) -- or the Attorney General issues a clarifying opinion.
General Counsel Lori Lein:
"Obviously it will require Attorney General's Opinions or court cases to learn definitive answers . . .
(but)
. . . While the mayor has the authority to decide which warm body will be hired (except Treasurer, Chief, etc.) -- the council controls the finances that will ultimately decide whether the funds are available to pay that warm body when he or she reports to work."
The city's Personnel Attorney Paul Myrick told the city council that as a result of a recent supreme court ruling -- it is his opinion that only the Mayor can select who is to be City Administrator; but the City Council still selects who is the Chief of Police, Treasurer and City Clerk.
The Mayor selects/hires all other employees too; but the council creates (or eliminates) their positions (and sets salaries) -- according to Myrick.
Arguably, both the Mayor and Council share some authority to fire/terminate (certain) employees, under certain conditions; but the Mayor has the preponderance of that power, Myrick said.
Myrick said because of the court's ruling (with the exception of police officers) -- there is no longer an appeals process for regular employees terminated by the Mayor (as before) -- to the personnel board or council.
COUNCIL OPINIONS DIFFER
Councilmember Kingrea, a former law partner of Myrick's, differed in his interpretation saying he believed the city council could still determine which Municipal Officers (referring to city management) the council appoints; and it still has the power to remove any city employee as well, by majority vote (Sec 11 43 160). Myrick disagreed.
Al. Code 11 43 160:
(2) The council of the municipality may remove, by a two-thirds vote of all those elected to the council, any person in the several departments for incompetency, malfeasance, misfeasance, or nonfeasance in office and for conduct detrimental to good order or discipline, including habitual neglect of duty.
The difference of opinion seemed to turn partly on the definition of the term municipal Officer, which is left undefined by the vague Alabama Laws -- according to Myrick.
Myrick expressed frustration: ". . . its a quagmire, . . . subject to interpretation."
Councilmember Quinn asked how the city's Personnel Board figured into the equation now; and was told by Myrick in his opinion, as things stand now, they had no input at all (in non-police matters) -- unless the city council chooses to adopt a merit system for employees. (Note: Police officers already have such a merit system)
(Adding to the confusion, it was reported later by a Fairhope Courier reporter that the city does indeed have an ordinance requiring a merit based personnel system for all employees.)
LEAGUE OF MUNICIPALITIES WEIGHS IN
A recent statement from the legal wing of the Alabama League of Municipalities appeared to concur with most of Myrick's interpretation, but only for the time being -- until another legal precedent is set (lawsuit) -- or the Attorney General issues a clarifying opinion.
General Counsel Lori Lein:
"Obviously it will require Attorney General's Opinions or court cases to learn definitive answers . . .
(but)
. . . While the mayor has the authority to decide which warm body will be hired (except Treasurer, Chief, etc.) -- the council controls the finances that will ultimately decide whether the funds are available to pay that warm body when he or she reports to work."
Comments
Everything the council and mayor are involved in causes chaos. This isn't news.
Cannot wait for the opportunity to vote these folks out.