Phenix City Council to vote on governmental changes
The Phenix City Charter Review Committee has recommended to the council several governmental changes, including term limits for council members and criminal charges if a person violates executive session privilege and reveals what was discussed in a meeting closed to the public.
The proposed changes were discussed at a Monday council work session in which many of the committee members attended and explained their recommendations. Those recommendations, which are not binding, face the first step toward approval today when they are voted on by the five-member city council. The meeting will be at 9 a.m. in the council chambers on Broad Street.
If council approves the changes to the city charter, it must be drafted into legislation that will be considered by the Alabama legislature. The council will have to approve the drafted legislation, then it goes to the legislature for approval.
The establishment of term limits created the most discussion in the 90 minutes council talked about the proposed changes.
Council members can not hold the same elected office for more than two four-year terms, according to the proposal. Currently, there are no limits. The term limits would not prohibit a council member from seeking another council position when they have reached the limit. As an example, a district council member could run for the city's at-large post after two terms as the district representative.
"We all know what term limits mean," said Charter Review Committee member J.W. Brannen. "Somebody is not going to get in there and do the kinds of favors they have to do to get elected over, and over, and over again."
Committee Howard Walker put it another way.
"If you are good enough, and the people want you to stay there, you will," Walker said. "We are looking for people to move Phenix City forward."
Mayor Eddie Lowe said he approved of the changes, including the term limits.
"If we are making decision on the basis of getting re-elected, then we need to leave now," Lowe said.
Phenix City has a strong city manager form of government where the elected council hires the city manager and he or she runs the city.
"We wrote this in the best interest of Phenix City because we want to keep the type of government we have," vice-chairman Robert Battle said.
The amendment to add additional teeth to violations of executive session privilege also created discussion. The committee proposed that the city manager refer any potential violations to the Russell County district attorney. Council members Gail Head and Chris Blackshear raised questions about that authority resting solely with the city manager. It was altered to say any potential violations would be referred by the city manager or the city attorney.
The committee's recommendation also applied only to council members in executive session. It was altered to any person who attends the meeting. If convicted of the misdemeanor, a person who violates executive session privilege faces a $1,000 fine and up to six months in jail.
Other proposed changes include:
Establishing the positions of assistant city manager and city planner.
Making it mandatory the city manager consults with the city attorney regarding employee disciplinary action.
Council has an employment contract only with the city manager.
All other department heads would receive a six-month severance package if they are removed without cause.
Any council member who interferes with appointments or approvals could face misdemeanor charges the first time and felony charges the second time.
Council members were given the proposed changes just before Christmas and held their first public discussion Monday.
Blackshear wanted to delay council consideration for two weeks. "What's wrong with taking a deep breath and waiting two weeks just to see if we missed anything," Blackshear said. "They had a six-month process and we are taking 60 minutes."
This story was originally published January 5, 2015 at 10:33 PM with the headline "Phenix City Council to vote on governmental changes."