New wrinkle emerges in Macon mayor, commission fight over firings
The clash over a proposal to limit the Macon mayor's power to fire department heads could be headed to a legal battle.
The latest controversy stems from a letter sent Tuesday night by County Attorney Judd Drake to the Macon-Bibb County Commission regarding whether commissioners have the ability to overturn the mayor's firing of department heads. The letter comes just days before commissioners are expected to decide whether to overturn a veto by Mayor Robert Reichert. The original commission resolution seeks to limit the mayor's firing power and give department heads an appeals process if they are terminated.
That resolution, approved 7-2 by the County Commission this month, asks state legislators to change the county charter to give commissioners the option of blocking department head firings that have been appealed. Under the current charter, the mayor can fire those employees at will, and the commission doesn't have a say in the matter.
Drake had previously told commissioners that altering the charter required approval from state legislators since the move would be a significant change from a "strong mayor" form of government that was set up when Macon and Bibb County consolidated in 2014.
But after more research, Drake said Tuesday he has found evidence that also supports a local government being able to make a charter change without the OK of state legislators.
"The issue would be whether or not the change proposed removing the mayor's power affects the form of government," Drake said Wednesday afternoon. "The mayor argues that it does, and the other side argues that it doesn't. It's an esoteric kind of issue."
The issue could be headed for a legal battle if the commission decides to approve a new resolution that changes the charter by exercising "home rule," which would allow the County Commission to amend the charter itself. If the charter is changed through that method, Drake said he would recommend the mayor and commission get separate legal counsel and let a court rule on the matter.
"I think it's going to require a court to decide the issue, and there's a process for that to happen," Drake said.
Several commissioners said Wednesday they hope there wouldn't be a legal battle.
Commissioner Gary Bechtel said he continues to oppose changing the charter. But if it is changed, it would be easier to allow the Legislature to make the decision instead of Macon-Bibb spending time and tax dollars on the issue.
Commissioners Elaine Lucas and Scotty Shepherd said they support overriding Reichert's veto because they want to provide terminated department heads another level of recourse.
"The question is whether the mayor feels strong enough about it where he wants to spend taxpayers' money on legal counsel," Lucas said.
Whether Reichert would go to court remains to be seen, Macon-Bibb County spokesman Chris Floore said.
Reichert maintains that the current form of government has worked well, and there is no need to change it, Floore said.
Shepherd said he hopes the issue can be worked out.
"I would hate to see the county go into a legal battle," he said.
To contact writer Stanley Dunlap, call 744-4623 or find him on Twitterpstyle name="MAC Body"/>
This story was originally published December 30, 2015 at 9:39 PM with the headline "New wrinkle emerges in Macon mayor, commission fight over firings ."