Friday, November 14, 2003
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Friday, November 14, 2003 |
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Ruling: ‘No conflict’ for Rutherford By J. FRANK LYNCH Judi-ann Rutherford can keep her job with the Fred Brown Jr. Amphitheater and still serve on the City Council if elected in a Nov. 25 runoff, Peachtree City Attorney Ted Meeker decided Wednesday. The legal opinion was made public Wednesday night during the first business meeting of the Peachtree City Tourism Association, Inc., a new non-profit agency proposed by City Manager Bernard McMullen that will take over operation of the amphitheater and Peachtree City Tennis Center on Dec. 1. “Tell everyone I’m good to go,” Post 1 candidate Rutherford declared after hearing the news Wednesday night. “As I said all along, my conflict is very clear: I am not a city employee.” Meeker agreed. In the legal opinion requested by McMullen, Meeker wrote, “My understanding is that employees of the Development Authority of Peachtree City will not become city employees, but will rather become employees of the Peachtree City Tourism Association, a non-profit entity.” That distinction was important, Meeker noted, because there was no question about Rutherford’s ability to run for City Council prior to Sept. 25, when the Development Authority announced it was returning management of the amphitheater and tennis center to City Hall. It got slightly more complicated two weeks ago when McMullen proposed creation of the Tourism Association and proposed seating himself, two city councilmen, the city finance director and recreation commission chairman as its first board of directors. Meeker came to his conclusion after reviewing the Georgia Constitution, the Official Code of Georgia and the city charter. “The law historically favors the rights of an average citizen to run for public office, in spite of the potential for conflict,” said Meeker. If conflict does arise, it should be dealt with, he said, but the potential for conflict shouldn’t be cause not to seek public office. Rutherford has maintained all along that as long as a independent, non-profit agency removed from city government were managing the amphitheater, she would have no conflict. She will not be able to serve on the tourism board, nor vote on matters related to appointments to the tourism board. She’ll also abstain from decisions regarding distribution of the city’s hotel-motel tax, which helps fund the operation of the venues. “There is no legal reason why Ms. Rutherford cannot run for and hold the office of council member while at the same time being employed by the non-profit association,” Meeker concluded. Rutherford came within 20 votes of winning a majority in the Nov. 4 election for Post 1. She and the second-place vote-getter, Lee H. Poolman, will face off again in a runoff on Tuesday, Nov. 25. Poolman has urged Rutherford to drop out of the race in the days since then, arguing it would save the taxpayers the expense of a runoff. Poolman did not attend Wednesday’s tourism association meeting and could not be reached for comment on Thursday.
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