FAIRHOPE, Alabama— The City Council set the stage Monday for a return of authority for hiring and firing 25 top staff positions to the mayor, responding to a state Supreme Court decision that overturned years of conventional wisdom about the …
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FAIRHOPE, Alabama— The City Council set the stage Monday for a return of authority for hiring and firing 25 top staff positions to the mayor, responding to a state Supreme Court decision that overturned years of conventional wisdom about the respective powers of officials in Alabama city government.
The proposed ordinance was introduced Sept. 12, which means the far-reaching measure will be heard at the Sept. 25 meeting.
The new law would also repeal provisions of the 2008 ordinance that empower the council to act as a buffer between mayor and employees in disciplinary cases.
The council took up several contentious items Sept. 12 in its ongoing skirmish with Mayor Tim Kant, which some officials say could become campaign issues in the August 2012 Fairhope municipal elections.
Three resolutions were passed this week: to place a moratorium on hiring of any new or replacement staff; to hire Lorenzo Howard to conduct an assessment of “hostile work environment” complaints at the police department; and to have the city attorney seek a state Attorney General opinion to clarify some aspects of the recent Supreme Court case.
The hiring moratorium resolution, which passed 4-1 with Councilman Mike Ford dissenting, stated that “all positions, new and replacements, only be filled upon approval by the City Council.”
Ford said he had no “problem with the moratorium,” but objected to the quoted language, which he said ran afoul of the high court case.
“It seems like the council just doesn’t want to let go (of power),” he said.
A companion high court case, however, ruled that all contracts must be approved by council, not mayor.
“These two cases from the Alabama Supreme Court highlight the clear separation of powers between the executive and legislative branches of municipal government as provided for by Alabama law,” Lori Lein, general counsel for the Alabama League of Municipalities says in an August article in the group’s journal. “While the mayor has the authority to decide which warm body will be hired, the council controls the finances that will ultimately decide whether funds are available to pay that warm body when he or she reports to work.”