By Steve Pace
The appointment to fill the unexpired term of a mayor seems pretty easy to understand, but some of the comments on social media were confusing. So I thought maybe I’m missing something. I don’t know a lot about the ins and outs, so I checked with some people who know about these kinds of things.
What I learned was what it gets down to the city charter and what’s called code of ordinances. For a city, these lay out the law of the land about city matters, just like the state constitution is the law of the land for state matters and the US Constitution is the law of the land for the nation. What that means is that if you violate what’s in the charter, you have broken the law. Cities don’t pass laws, they pass ordinances which are just like laws.
Whether you’re a U.S. congressman or a senator, or a state representative or senator or a city council member, you have to follow the laws or ordinances that cover whatever you’re doing. As an example, a few years ago, a state senator was charged with trying to defraud the state and was charged with 18 felonies for filing false expense claims. Basically, he was charged with violating a section in the Official Code of Georgia Annotated. Lawyers call it by its initials OCGA and has the laws of the state just like a city’s code of ordinances has the laws of a city. (He was acquitted at his trial.)
The situation is no different for a city council member. Violating a section of a city’s charter could also result in being indicted and going to court. So whether a council member likes it or not, whatever the charter or code of ordinances says has to be followed.
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A Mayor Pro Tem (also called Vice Mayor) takes over whenever a mayor is absent. When the mayor pro tem is in charge, he has all the same powers as the mayor, but that’s only for as long as the mayor is absent. If a mayor is not absent, the mayor pro tem no longer has the power of the mayor’s position.
In Snellville, the mayor pro tem is supposed to be elected by a vote of the council members at the first meeting of the year. So at the January 14th city council meeting, the council elected Dave Emanuel as mayor pro tem. He took over the meeting from Barbara Bender who was mayor pro tem in 2018. After handling a few other business items, he appointed Barbara Bender as mayor and the council voted to confirm that appointment. All of that was done exactly as required by the charter.
One council member voted no to confirm the new mayor and then went on to say that he voted no because he thought there should have been an election. That would have been a clear violation of the charter and it’s a strange thing to say because city council members take an oath to support and defend the charter. I guess he doesn’t understand what support and defend means. The only way to legally hold an election for an unexpired term of less than 12 months is to change the charter.
If you were confused about the situation like I was, I hope this helps.
Awkward wording in the charter? Perhaps.I am not well versed in legalese. My concern is how this particular council member handles situations. The gentleman had to know this issue was coming up. If he had doubts about vague wording in the charter, he had ample time to begin the process for changing said wording. Instead he votes “no” then explains his position on social media.
This seems to be a pattern with him. Last March, aggressive panhandling was a hot topic. Council discussed this issue at the work session……..silence. It was again discussed during the regular meeting……silence. There was opportunity for public discussion……silence. He was the lone “no” vote.He, like with the charter topic,expressed his view on social media AFTER THE VOTE. His March post generated hundreds of comments. He responded to none.
It seems to me that a council member should express his views before a vote, not after.
Thank you for your comment. We appreciate your opinion and as you probably guessed this isn’t the first time we heard this complaint.
There is no ambiguity in what the Charter says or how it was explained in great detail by the Snellville City Attorney, Tony Powell. The explained protocol was followed exactly by the Council and the appointment of Mayor Bender was then voted on by the Council. If you do not follow the Charter of Snellville, you are breaking the laws of the City, regardless of what your personal feelings are. There were no questions asked during or after Mr. Powell’s explanation of the rules of the Charter and codes. The procedure of the Council that followed, complied precisely with the letters of the law. Why there was a dissenting vote on the appointment of the Mayor is a puzzle to me?
Thank you for your comment.