Less than 48
hours after the Alexander City Council narrowly approves its “Organization of
City Council” (OCC) for 2016 Mayor Paul Mitchell vetoed the document. The veto
was signed by both he and City Recorder Sharon Bankhead on Wednesday, March 23.
In the veto
document Mitchell cites state statute 14-44-107 as giving him the authority to
veto the five-to-three vote taken during the Monday, March 21 regular council
meeting. The statute allows mayors of class-2 cities to veto, “ordinances,
resolutions and orders.” It also sets a maximum of five days to issue a veto.
The council
can attempt to override the veto at the next meeting. A two-thirds vote is
required, which in this case six of the eight-member council would have to vote
to override the veto.
In his veto
Mitchell states, “Changes made (in the OCC) will do nothing but cause
disruptions in the City Hall front offices which is contrary to the public
interest. Some of the actions taken by the City Council have nothing to do with
organizing the City Council for their meetings.”
The issue
began during the January meeting when two versions of the annual document were
presented to the council. One was provided by Mitchell and given to aldermen
days before the meeting. It is an amended version of the 2015 OCC. The second
was handed out during the meeting by Alderwoman Andrea Bearden. After some
discussion the issue was tabled until February. During the February meeting motions
to approve the Bearden version and then the Mitchell version failed.
While there
are many differences between the two, the main sticking point has been over who
is permitted access to city hall office space and who can operate office
equipment. Mitchell removed the clause that was in the 2015 version of the OCC which
allows, “the same kind of access to city hall” (and its equipment) “as the
mayor.” The Bearden version for 2016 keeps the current policy in place.
Mitchell
made the change to match his policies concerning office equipment and office
access. Under his policies office equipment can only be operated by office
staff. Also, anyone wanting inside city hall must either have an appointment or
be allowed inside by the person to whom they wish to speak. Bearden contends
aldermen should be allowed to operate equipment such as the copier or fax
machine in case they are handling documents of a confidential nature that
shouldn’t be seen by city employees.
The purpose
of the OCC, which is supposed to be established in January, sets the dates for
the regular monthly meetings and the policies to be used while conducting
meetings.
During the
discussion at the March meeting Alderman Dan Church asked Bearden, “What does
access to city hall have to do with the Organization of the City Council?”
Bearden did
not respond.
The OCC for 2016 passed five to three. Voting “Yes” were Louis Hobbs, Lonny
Chapman, Andy Mullins, Farren Wadley, and Bearden. Voting “No” were Stephanie
Beck, Melissa Ratliff and Church. During the two votes in February Wadley
abstained.