PART ONE OF SERIES - Why The City of Dothan Is Difficult To Deal With - Why The City Attorney Is Hiding Records

Rickey Stokes

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Posted by: RStokes
Date: Sep 12 2016 5:19 PM

DOTHAN: First I want to say at the beginning that I fully and totally support Dothan Mayor Mike Schmitz.

Without reservation or hesitation, I think Mike Schmitz is a terrific Mayor and has the best interest of Dothan at heart.

For the most part the members of the Dothan Commission have the best interest of Dothan at heart. Often times some of the commissioners are like boat anchors around the Mayor’s neck. And without a doubt some of the city staff are constant boat anchors.

Both the Mayor and Commissioners are handcuffed in some actions they can take to straighten out things within the bowels of city hall.

The thing the Mayor and Commissioners do not seem to remember, when they let the actions of the City Manager, City Attorney and Department Heads defeat them…the only ones gone and forgotten are the Mayor and Commissioners.

DAH… ask Critt Snellgrove, Jason Rudd, Chester Sowell, John Glanton, James Reading, Matt Bullard, Phillip Tidwell, Larry Matthews, John Craig, and a host of others…

They are gone for listening to Dothan City Manager Mike West and some department heads. The people listened to are still at the City of Dothan, and the elected officials are, well out to pasture.

HOW DOTHAN CITY GOVERNMENT OPERATES

The City of Dothan operates under a Mayor/Council/City Manager form of government.

That means, the City Manager ( Mike West ) is the Administrative Head of the City of Dothan. He is responsible for the day to day operation of Dothan Municipal Government. But the City Manager is directly responsible to the Mayor and Commission.

The Mayor and Dothan Commissioners are not allowed by law to even ask a Department Head or employee a question directly, without first seeking the permission and approval of the City Manager.

If the City Manager tells them no, well by law they can not ask the department head a question.

At times in a Commission Meeting, you will hear the Mayor or a Commissioner ask the City Manager for permission to ask a department head a question.

The City Manager is hired by the Mayor and Dothan Commissioners. The City Manager has a contract. Unless the City Manager violates terms of the contract, the City of Dothan has to pay him a large amount of money in order to break the contract.

BUT… as the days progress in articles and I submit proof the City of Dothan is hiding, there could be grounds to terminate the City Manager contract without paying him money.

You will see these violations on what he is allowing staff, that he is responsible for, to do. So the actions of the staff are directly the responsibility of the City Manager. And the City Manager is directly responsible to the Mayor and Commissioners.

GOAL OF ARTICLE

In this article you will see the laws concerning the powers of the Commissioners, Mayor, City Manager, and Interference of an appointment or removal of officers and employees.

One issue between Rickey Stokes and the Dothan Commission. They feel because of a 2003 policy, the City Attorney is an appointment of the City Manager. I disagree.

My position is the City Attorney is a direct appointment of the Mayor and Dothan Commission.

And I was in the process of researching that issue in the public records of the City of Dothan, when the City Attorney, Freddie Len White, locked me out of looking at the public records. And I do not really blame him because I am well on my way to proving that he and the City Manager have not been honest with the Mayor and Commission, in my opinion.

If nothing to hide then what is the problem?

But currently City Manager Mike West and the members of the Dothan Commission allow Freddie Len White to hide things from the public.

CODE ALABAMA LAW

The following are exactly as written from the laws of the State of Alabama. Laws which govern the management of the Commissioners, Mayor and City Manager.

Section 11-44E-44

Powers of commission.

The commission shall be the legislative body of the city. It shall have powers vested in it by this chapter. These powers shall be as follows:

(1) To establish administrative departments.

(2) To adopt the budgets of the city.

(3) To authorize the issuance of bonds or warrants.

(4) To inquire into the conduct of any office, department, or agency of the city and make investigations as to municipal affairs.

(5) To appoint the members of all boards, commissions, or other bodies authorized hereunder or by law.

(6) To succeed to all the powers, rights, and privileges conferred upon the former governing body of the city by statutes in effect at the time of adoption by the city of the mayor/commission/city manager form of government and not in conflict with this chapter.

(7) To levy property taxes and impose and collect license taxes and local improvement assessments and enact any such new revenue or adjustments as elsewhere prescribed by law.

(8) To adopt each year a financial plan for at least the next succeeding five years showing anticipated revenues, anticipated expenditures and with all capital projects ranked by priority. Said financial plan shall be used as a financial planning guide by the city staff and city manager, but shall not be binding on the commission.

(9) To enact such resolutions, ordinances, and policies, as prescribed by this chapter or prescribed elsewhere in the Code of Alabama.

(10) To employ the city manager; to discharge the city manager; to enter into employment contract with the city manager.

(11) To hold public hearings as prescribed by law.

(12) To set the compensation of the mayor and commission in accordance with procedure in Sections 11-44E-43 and 11-44E-73.

(13) To adopt policies for the operation of the city.

(14) To adopt rules of procedure.

(Acts 1988, No. 88-445, p. 660, §3.05; Acts 1989, No. 89-525, p. 1074, §1.)

Section 11-44E-45

Interference in appointment or removal of officers and employees; dealings of commission with administrative service.

Neither the commission nor any of its members shall direct or request the appointment of any person to, or his removal from, office or position by the city manager or by any of his (her) subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city with the exception of certain employees as prescribed in Section 11-44E-92(2) of this chapter. Except for the purpose of inquiry, the commission and its members shall deal with the administrative service solely through the city manager and neither the commission nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately.

(Acts 1988, No. 88-445, p. 660, §3.06.)

Section 11-44E-93

Noninterference by mayor or commission with certain duties of city manager; dealings with administrative service.

Neither the mayor, commission nor any of its members shall direct the employment or removal of any person by the city manager or by any of his (her) subordinates in the administrative service of the city. Appointments or removals of employees not subject to a civil service or merit act will be done in conformity with Section 11-44E-92(2). Except for the purposes of inquiry and investigation held in a manner firmly established by resolution or ordinance in advance of such inquiry and investigation, the commission and its members shall deal with the administrative service of the city solely through the city manager, and neither the commission nor any member thereof shall give orders, either publicly or privately, to any employee under the supervision of the city manager, except in emergencies.