DAPHNE, Ala. — A stream of residents at Monday’s City Council meeting spoke in support of Mayor Fred Small, who earlier this month had his department-head hiring authority stripped by motion.

Questions arose over the legitimacy of the motion—passed at the previous council business meeting—which transferred the authority to hire department heads—such as those who oversee Urban Development and Public Works—from the mayor to council.

“Was that motion used to circumvent an ordinance?” Small asked city attorney Jay Ross. “Can you get around an ordinance with a motion like that?”

“It is my opinion that you cannot change or amend an ordinance by motion or by resolution,” Ross said. “The validity of the motion made … in this attorney’s opinion, is suspect because it was done by motion, not ordinance.”

Ross said that an ordinance, to be legitimate, must be amended with another ordinance.

Councilwoman Cathy Barnette said the key difference between a motion and an ordinance is that a motion has a designated endpoint and that ordinances are indefinite.

Barnette and council members Bailey Yelding, Derek Boulware and Council President John Lake had voted in favor of the motion that stripped Small of his hiring power; Councilmen Greg Burnam and Ron Scott voted against it.

“I think this issue is one of debate,” Ross said. “An ordinance is for an indefinite period of time. Resolutions are likewise. To be valid, regardless of the subject matter, it is a better practice to amend an ordinance by ordinance.”

Councilman August Palumbo suggested that the state attorney general’s office investigate the matter.

“There seems to be enough clout,” Palumbo said of the controversy.

Lake asked Ross if an ordinance can be passed to cover, retroactively, the previous motion to freeze Small’s hiring authority; Ross said no such action was possible.

After suspending the rules Monday, the council agreed to request the attorney general’s opinion.

Councilman Greg Burnam questioned the origin of the ordinance from which extended the motion that gave council appointing authority of city officers; it had been attached to a City of Daphne hiring freeze that will expire July 7.

“I don’t know why it was brought forth,” he said.

Councilman Ron Scott suggested that a private discussion had occurred before the last council meeting, in order to procure the votes needed to pass the measure.

If such a private discussion occurred, it may have been in violation of the Alabama Open Meetings Act, or Sunshine Law, which requires public view of the “exchange of information or ideas among [the] quorum that is intended to arrive at or influence a decision as to how the body members should vote on a specific matter.” Daphne’s quorum—or majority—of four out of seven council members would have to be present for such discussions to be illegal, under state law.

“Obviously, this council is going to change the way it works,” Scott said. “My question is why wasn’t I involved in the discussion? If that’s not a violation of the Sunshine Law, it’s certainly a violation of the spirit.”

Palumbo said that the council has discussed ordinances prior to meetings and later voted on them.

“Yes,” Burnam said, “but not of this magnitude.”

“I’d like to say ‘Put up or shut up,’” Palumbo said, indicating the need for accusers to prove that private discussions took place, regarding removing Small’s hiring authority.

Residents during public participation expressed support for Small; no one spoke in favor of the council’s maneuvers.

“I’m ashamed by this council’s actions,” Rod Drummond said.

“I’m disappointed that the ordinance for the hiring freeze was never brought to committee,” Lynn Davis said.

Mickey Boykin said she feels all residents should be more informed.

“Why is Mayor Small being punished?” she asked. “What has he done?”

“Mayor Small has done an excellent job for the city and I’m extremely disappointed in the councilmen and woman who voted last week,” Martha Taylor said.

“As far as I’m concerned, the City Council has a hidden agenda. There’s no way that you, as city councilmen and woman, can hire and fire city employees,” she said. “Most of you have a day job.”

“I doubt any department head in the city wants to answer to seven different people,” resident and Planning Commissioner Larry Chason said. “I’m in favor of Mayor Small.

“He was re-elected for the job he has done.”