The Peachtree
City Council will likely retain its power to appoint a city clerk, who
would report to the city manager under an agreement reached by council
at its regular meeting last week.
The compromise
came forth during discussion on possible changes to the city's charter,
which partially lists some of the clerk's duties. Under the proposal,
council would retain the power to hire and fire the clerk.
Mayor Bob Lenox,
however, had wanted City Manager Jim Basinger to be named clerk and have
the city employ a certified city clerk. It makes little sense, he argued,
for Basinger to have an employee he can't discipline or fire.
Councilwoman
Annie McMenamin said that, under the compromise, Basinger could approach
council if he felt the clerk needed to be dismissed.
Council took
no immediate vote on the matter and Basinger remains the acting clerk
for now. At the first meeting in January, he was appointed as clerk for
three months while council considered how the clerk's role might be changed
in the charter.
During Thursday's
meeting, Councilwoman Carol Fritz argued that the clerk should be appointed
"The clerk
insures the legislative process, policies and procedures are followed
along with ethics," Fritz said. "... The clerk can be rendered
ineffective if the clerk is hired and fired by the city manager."
The city clerk
should serve as a link between the separate legislative and administrative
components of government, Fritz said. But if the clerk is controlled by
administration, it damages the integrity of the city government, she added.
Lenox said
he wanted to keep the clerk's job from becoming politicized. He said other
cities appoint their chief executives as clerks but also employ certified
city clerks, which he saw as an ideal solution.
Brooks said
a policy could be written to specifically outline the clerk's responsibilities.
That could include a provision that the city manager conducts the clerk's
job evaluation, he said.
"That
way, the city manager isn't undermined," Brooks said, addressing
one of Lenox's specific concerns.
City Attorney
Rick Lindsey said he would take council's ideas about the charter changes
and put them on paper. He said he would do so as quickly as possible so
the charter stands a chance of being approved by the General Assembly
this session.
In bringing
up the topic, Councilwoman Annie McMenamin said council should have appointed
Nancy Faulkner, the previous clerk, as acting clerk at its last meeting.
She said Lindsey, who wasn't present at the meeting, would have approved
that because Faulkner agreed not to hold council liable if it eventually
decided not to hire her after having the discussions on the charter.
"We have
always accepted the word of a developer or attorney of consent in development
in a public meeting we've taken that on their word," McMenamin said.
"I think to do otherwise for a city employee would be contradictory
to the way we have held public meetings."
McMenamin also
said the appointment could have been postponed until the next meeting,
according to Lindsey. She originally asked council to reconsider its action
and give the title back to Faulkner with her role being supervised directly
of gender bias, she said.
Lenox said
he didn't think council needed to reconsider the action and his motion
to table the matter until the city charter discussion was approved 3-2,
with councilmen Robert Brooks and Dan Tennant in favor.
The compromise
was reached later in the meeting during the discussion of changes to the
city charter.







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