Wednesday, May 2, 2001
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Wednesday, May 2, 2001 |
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Questions about PTC clerk's deal leave restrictions on council fund
By
JOHN MUNFORD
Peachtree City Councilman Dan Tennant has questioned whether Mayor Bob Lenox could legally authorize the severance package for former City Clerk Nancy Faulkner without council approval. Though an opinion from City Attorney Rick Lindsey indicates that Lenox did indeed have that authority, Tennant is also proposing regulations on how council contingency funds are spent. Lenox used $7,500 from that part of the budget for part of the severance package. Tennant contends that contingency funds shouldn't be spent without majority approval of council. Currently, there are no restrictions in the city charter or ordinances on how council contingency funds are spent, according to Lindsey. The topic will be discussed at Thursday's City Council meeting, 7 p.m. at City Hall. The deal for Faulkner included $22,179 in pay representing six months' salary, up to $7,500 tuition for paralegal training and health insurance coverage totalling $887. Lenox signed the agreement for the city instead of the full council, although he notified council members after he entered the agreement. Lenox said Monday morning that agreeing to Faulkner's settlement was a difficult decision but as mayor he has authority to make that call. "I made the proper and appropriate decision in the best interest of the city, the council members and Ms. Faulkner," Lenox said. Faulkner resigned in March, weeks after council declined to re-appoint her as clerk in its first meeting of the year. Instead, City Manager Jim Basinger was appointed City Clerk until council could resolve its questions over the duties of the city clerk. A city document indicated that Lenox, councilwoman Annie McMenamin and Basinger had agreed last year to replace Faulkner as clerk in January. The document also indicated that Faulkner would be reprimanded and possibly fired based on allegations that she lied under oath in a legal deposition unrelated to city business and that she asked McMenamin to lie on her behalf regarding Faulkner viewing McMenamin's copy of the city's pay plan. In his written opinion last week, Lindsey said Faulkner's salary was paid from the monies budgeted for the position. The tuition fee comes from the council's contingency fund, and there appear to be no constraints on how money from the contingency fund is spent, Lindsey wrote. The charter, however, states that any unbudgeted money in excess of $5,000 must be approved by the mayor and council, Lindsey said. Also, budgeted expenditures over $25,000 must be approved by mayor and council, he added. Because the tuition for paralegal training was an unbudgeted expenditure, it is appropriate to use funds from the council contingency fund for that purpose, Lindsey said. "Thus, there is no need for further Council action unless the expenditure is greater than $25,000," Lindsey said. This situation indicates one of the reasons the mayor is given a little more authority than regular council members, Lenox added. "There is considerably more responsibility and you have to make the hard decisions," Lenox said.
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