VH Eyes Axing City Attorney

VH Eyes Axing City Attorney

Marla Jones, Managing Editor

marla@southerntorch.com

VALLEY HEAD, ALA.- (Full video on Southern Torch Facebook Page) The Valley Head Council meeting held its regularly scheduled on April 3.  Only twenty people were allowed entrance to the meeting, which included six council members, a police officer, a clerk, and two media representatives.

At the March 20 meeting, City Attorney Pat Tate advised the Valley Head Council that the Mayor had the authority to suspend or fire anyone without the Council’s consent. 

Days after the March 20 meeting, an ordinance was found that had been on the books since 1983,  that established a volunteer fire department.   Section 2 of the ordinance, stated that the Fire Chief shall be appointed by the Mayor and Town Council. 

The Council voted to suspend the rules for immediate consideration, to amend Ordinance No. 83-1, taking out the Mayor's name and authority to appoint or suspend a police or fire chief.  Councilmember Adele Phillips and Mayor Mike Key voted against the removal.

Since the vote was not unanimous, Mayor Mike Key stated that the ordinance would be tabled until next month. Several council members read the rules directly from the League of Municipalities manual, stating that only a quorum was required to pass. 

 Councilmember Chris Busby stated that the Council would discuss this or they would adjourn. The reason for the removal of the mayor’s name would be so that the mayor would not have absolute control over those departments.

After a debate, Mayor Key agreed to the amendment of the ordinance under protest, with Councilmember Phillips abstaining.

The termination of City Attorney, Pat Tate, was on the agenda as new business. Councilmember Chris Busby stated that Tate had lied to the Council on March 20, stating there was no ordinance (Ordinance No. 83-01) to govern the firing of the police or fire chief. 

“ Do you know who the City Attorney was in 1983? Pat Tate.  Who do you think drafted the ordinance?” asked Councilmember Busby.

“I feel like we need someone new in here, new blood, that will give new fresh ideas for the town, do more research, have more thoughts….just new blood” stated Councilmember Karen Vest. 

“He has run his course” stated Councilmember Jack Martin. 

The Mayor asked the Council to table the termination of the City Attorney Pat Tate until the recent amendments were drafted. 

“If he wants to come in and apologize to us for lying to us, we might keep him on” stated Councilmember Busby. 

The motion to table was voted on and passed, with Councilmember Vest opposing. 

Stephanie Fritz, President of  Fritz Steel addressed the Council on her concerns as a business owner in the Town of Valley Head, with no current fire protection.  She called upon the Mayor and Council to reinstate Dustin Burt as Valley Head Fire Chief. 

“I strongly urge the Council and the Mayor to really consider when you are making these kinds of decisions because fire protection and police protection are critical to any town and especially as a business owner, there are important to me” stated Fritz.

“In a manual I read, it states that “although a town is not obligated to create and operate a fire department, once one is organized and provided for the town, a duty is now owed to the citizens of the town and you can be held liable for negligence if you are failing to provide fire protection” continued Fritz. 

The lifting of the suspension of Fire Chief Burt was then discussed. 

Brandy Clayton, who was filling in as Clerk asked if the lifting of the suspension would need to be made in form of a motion.  

“We didn't remove him from his duties, the mayor did that on his own” Council member Chris Busby stated.

 “I’m all for it.  I’m ready to reinstate him” stated Mayor Mike Key. 

In new business, the Council accepted the resignation of Valley Head Town Clerk Debra Rhodes. Applications are being accepted for the open position for two weeks.  Mayor Key recommended a committee that includes Karen Vest, Adelle Phillips, Brad Gregg, and Lamar Bray to interview candidates. 

The next item on the agenda was a request by some of the Council,  for the removal of Mayor Key.

Mayor Key asked what were the grounds for removal. 

“Lying to the City Council for one” stated Councilmember Busby. 

“This removal of the town’s mayor is an illegal action.  The town council does not have the authority to remove any elected official unless he or she has been convicted of an ethics violation or convicted of a crime by the court system, or impeached by the courts.  Therefore this action can not go through” stated Mayor Key.

Councilmember Busby asked to make a motion of no confidence in the Mayor. 

 Mayor Key, asked “Where are you going with that?’

“Just making it on the record” stated Councilmember Busby.

After over an hour of heated debate, the council adjourned.  

The Valley Head Council will meet again on May 1, 2023.

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