Dear Mr. Olens:
I am a resident, taxpayer, and registered voter in Fort Oglethorpe, Ga. Recent actions by the mayor and City Council members, summarized below, have generated concern by the citizens of our city regarding the legality of these actions.
A special called meeting occurred on March 22. The meeting, which was not announced in a public notice to the media as previous meetings have been, was called by Mayor Lynn Long. Mayor Long, after the invocation asked City Manager Ron Goulart if he had a statement that he would like to make. Mr. Goulart stated that he did not have a statement but asked that there be a motion to convene into Executive Session. Upon returning from Executive Session Mayor Long again asked Mr. Goulart if he had a statement he would like to make. Mr. Goulart responded that effective March 25, he respectfully tendered his resignation as city manager. The citizens believe that Mr. Goulart’s resignation was forced by the mayor and Council Members without due process.
Mayor Lynn Long then asked for a motion that Harold Silcox former city councilman, who was sitting in the audience, be made to fill Mr. Goulart's vacated position. Councilman Earl Gray was the only council member to object, and when he tried to have an open discussion in the meeting about both Goulart's apparent forced resignation and Harold Silcox's appointment, he was silenced by Mayor Long and the other council members.
Moments after Mr. Silcox was appointed the interim city manager he discharged Jeff Long, public works director and David Eubanks, chief of police, two longtime department heads. This action was accomplished in spite of the fact that Mr. Goulart’s resignation was not yet effective until Monday March 25.
Goulart was given four months severance pay, and Police Chief David Eubanks and Public Works Director Jeff Long, were not given severance pay.
These actions involving the mayor and council members appear to be in violation of some portions of the Fort Oglethorpe Code of Ordinances Codified through Ordinance No. 2010-07, enacted December 23, 2010 as well as the O.G.C.A. Title 50 State Government Chapter 14 Open and Public Meetings. These actions raise questions of legality and also whether the conduct of these officials is consistent with the Fort Oglethorpe Code of Ordinances.
Mayor Long’s action during the special called meeting of the Council on March 22 to recommend that former Councilmember Harold Silcox, who was sitting in the audience, to fill Mr. Goulart's position appears to violate the impartiality clause and those present believe that his actions were not administered in a fair manner.
Also, the March 22 special called meeting raises questions of compliance with the “Due Notice” provisions of O.C.G.A. § 50-14-1(d) as well as O.C.G.A. § 50-14-1(e)(1) the requirement to make an agenda available prior to the meeting. I requested records from the city clerk, which included City Council meeting minutes for March 22 and March 25, as well as the agendas for the March 11, March 25, and April 8, meetings. An agenda for the March 22 meeting was not provided prior the meeting, as required .
In order for elected and appointed municipal officials to be effective in serving their communities, a proper understanding of municipal administration is indispensable. Here in Fort Oglethorpe this understanding is either severely lacking or nonexistent.
Effective government is a partnership between elected and appointed officials as well as those they serve. It begins with identifying and establishing the roles of all parties based on legal instruments such as the city charter and its code of ordinances and resolutions and the city's type of government. The most successful elected officials direct their talents, skills, and abilities to legislation, policy development, and operational oversight. They set clearly defined and achievable goals and objectives and make sure that appointed staff understands what will constitute success. Effective local government requires trust and confidence.
Citizens are becoming more interested in their government. They want to know what is being done, the purpose of the work, the cost to them as taxpayers and the benefit to them as citizens. It is important that the elected and appointed officials are able to confidently convey this information to their citizens in a reasonable and civil manner and within the boundaries set forth by the law.
As a citizen of Fort Oglethorpe I am concerned that the civil liability of these actions can threaten the budget of our city and is not a prudent use of taxpayer revenue. Also, the image these actions create is not one of a business friendly environment. The city of Fort Oglethorpe has great business and growth potential but these ongoing actions by our government are detrimental to our progress.
As a result of these actions State Senator Jeff Mullis drafted a resolution to the General Assembly which calls for the creation of a Fort Oglethorpe Charter Study Committee to look into recent controversial city actions which I applaud and support.
Therefore, in addition to Senator Mullis’ resolution, I respectfully request that you conduct an investigation into these actions by the officials of Fort Oglethorpe to determine if any violation of state law or city ordinance has occurred and if you so find such to be the case, that the proper and necessary corrective actions be taken to ensure that these conditions do not prevail in the future. Your prompt attention to this matter is requested.
Respectfully submitted,
James S. Cooper
Fort Oglethorpe