Peachtree City Mayor Bob Lenox
contends that he had the permission of City Council members to spend $7,500
from the council's contingency fund toward a compensation package for
former city clerk Nancy Faulkner.
At Thursday's council meeting,
Lenox said he sent a memo to each council member five days before he signed
the agreement with Faulkner March 5. Lenox also said he instructed City
Attorney Rick Lindsey to contact each council member to explain the settlement
and answer any questions they might have before it was signed.
"I took great pains to
make sure that everyone on council was fully informed and had adequate
time," Lenox said, adding that he knew Lindsey had spoken to each
council member before he signed the agreement.
Tennant has accused Lenox of
spending $7,500 for the settlement from the City Council's contingency
fund without council's permission. The funds were set aside to pay for
Faulkner's tuition at a paralegal school of her choice, according to the
settlement.
"Your premise is that
I alone decided this settlement agreement was acceptable and that I grossly
exceeded my authority by spending this money," Lenox said. "The
facts do not support that premise."
Faulkner resigned in March
after signing a separation agreement with the city which provided her
with the $7,500 as tuition for paralegal school, six months severance
pay and health insurance coverage. The entire package cost approximately
$30,000.
Two weeks ago, Tennant sought
a legal opinion from Lindsey questioning if Lenox had the authority to
spend the $7,500 from the council contingency fund.
In his written opinion, Lindsey
said there were no restrictions either in the city's charter or ordinances
on how the contingency fund can be spent. Council unanimously adopted
a new ordinance restricting the use of those at Thursday's council meeting
(See related story) .
That action came after an acrimonious
exchange between Lenox and Tennant. (Tennant's remarks are in a letter
to the editor on Page 6A.)
Lenox said the matter should
have been discussed by council at the meeting after the agreement was
signed.
"If it had been an emergency
item, the normal procedure would be to put that on the agenda at the next
public meeting and ratify a decision," Lenox told Tennant. "Well,
guess what? No one, not one soul including you asked that item be put
on the March 15 agenda, and in fact that March 15 date was probably academic
because the ink wasn't dry on that agreement before ... the agreement
had literally been printed in the newspaper."
In February, Faulkner suggested
to Lindsey over lunch that she would resign if she and the city could
come to a separation agreement, Lenox explained.
Lindsey communicated that to
council at its Feb. 15 meeting, and Lenox said he then asked if he could
work on the matter and "see what I could come up with."
Lenox said he later asked Lindsey
to negotiate the settlement with Faulkner and Feb. 27, Lindsey presented
him with an agreement that Faulkner had already signed.
"Had I wished to act on
my own, which I think I could have done despite your diatribe to the contrary,
I would have signed the agreement right then," Lenox said.
The entire city clerk issue
was "a contentious and divisive subject for this council, the staff
and the city for several months," Lenox said. After council denied
her pay plan request in February, Lenox said the matter was "still
divisive still a problem for everyone."
"She (Faulkner) in fact
felt the whole situation had deteriorated to the point that this was the
only way to end the contention and acrimony and was actually best for
her and the city," Lenox said.
Tennant accused Lenox of signing
the settlement because "you were sick of 10-plus years of dealing
with Nancy. I've got that in writing."
"... Mayor Lenox abused
his privileges and betrayed the public's trust by unilaterally authorizing
expenditures from the council contingency fund without the express approval
of council," Tennant said.
Lenox asked Tennant why he
waited to question the matter, since the agreement was signed March 5.
"It's been weighing on
my mind heavily for quite some time and I didn't want to do anything rash
or stupid," Tennant replied.
Lenox also said Tennant had
not talked to him about the Faulkner settlement since it was executed.
"It might have been worth
discussing it with me," Lenox replied.
Since he has been mayor, Lenox
said he has spent council contingency funds only two other times: for
emergency repairs to a washed-out bridge in the Smokerise subdivision
and $7,500 for the design charrette for the multiuse development planned
for the corner of Ga. Highway 54 east and Walt Banks Road.
"I would have placed the
agreement with Ms. Faulkner on the agenda for the (March 1) council meeting,
but that meeting had been cancelled, and I did not feel this matter could
wait," Lenox said.
That's when Lenox decided to
send the memo to his fellow council members.
Fritz said she did not reply
to the mayor's memo because she "felt like that was what needed to
happen" and she didn't have any better suggestions for how to do
it.
"I would like to have
seen her stay, but I finally came to the realization that it just wasn't
going to work," Fritz said.
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