Elberta Town Council asks for legal clarification on mayoral powers

By Cliff McCollum GCM Managing Editor cliff@gulfcoastmedia.com
Posted 5/23/15

ELBERTA – At both the Elberta Town Council work session and meeting this week, questions were raised about actions taken and signed off on by Mayor Marvin Williams that were done without council approval.Mayor pro tem Jim Hamby had concerns about …

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Elberta Town Council asks for legal clarification on mayoral powers

Posted
ELBERTA – At both the Elberta Town Council work session and meeting this week, questions were raised about actions taken and signed off on by Mayor Marvin Williams that were done without council approval.
Mayor pro tem Jim Hamby had concerns about how bills were being paid without council approval.
“In January, we did not ratify the payment of the bills. In February, we went back and ratified payment with exception of Ammons and Blackmon and the Christmas incentives,” Hamby said. “We’re talking about March right now - checks to Ammons and Blackmon went out on March 3. I don't think that they should have been paid at that time since the council didn't ratify the payment of the bill, and the council specifically said not to pay that bill.”
Town Clerk Ashley Powers said she was following the policies that had already been set by the town before she took her job as clerk last year.
“When y'all abstained, the bills were already paid,” Powers said. “You are voting now to approve bills that were already paid in the month of April. These bills that were paid in April, even if you vote no, they've already been paid.”
Hamby then questioned the in-place bill paying process.
“There's no way for the council to say that we don't want a bill to be paid,” Hamby said.
Williams then interjected.
“When you're doing day-to-day operations in the town of Elberta, somebody brings in a bill that needs to be paid, we’re going to make sure it gets paid,” Williams said. “We go ahead and pay them and then the council approves it later.”
Hamby requested that the town’s attorney, Ken Raines, look into the matter and asked for a written opinion on the legality of the process.
Several council members then took aim at raises that were given out with the mayor’s permission to four city employees.
“Raises were given without any kind of council approval. I'm not saying they don't deserve the raise, but what's the purpose of being on the council? There's not a whole lot of purpose for us being up here because you can do whatever,” Hamby said to Williams.
Williams replied that as long as the amounts given did not exceed the line item set in the budget, it was allowable.
“If it falls within the budget, it can be done,” Raines said.
Councilman John Conti questioned one of the raises given, a $1.25 per hour pay increase for Powers, did not fall within the line item.
“When we set the budget, it was exact based on what she was getting paid at the time,” Conti said. “There was not additional room in the budget.”
Raines said he would take a look at the matter and report back to the council.