DAWR terms confirmed

At the February 18, 2020 Warner Robins Council meeting, Councilman Kevin Lashley called for question of former Councilman Tim Thomas’ term on the Development Authority of Warner Robins Board.

Lashley said that Thomas was appointed to the Development Authority of Warner Robins Board for a four-year term on July 11, 2016. Lashley further stated that Thomas’ term was to be fulfilled unless his term as a councilman ended first. Lashley said at the December 16, 2019 meeting that the council then including Thomas, had voted to fill three vacant spots on the Development Authority of Warner Robins Board. One of the vacant spots was appointed to Councilman Larry Curtis to be the representative of council on the Development Authority of Warner Robins Board.

“There is a call for question of the January 9, 2020 Development Authority of Warner Robins Board meeting because Mr. Thomas was appointed a vice-chair and later voted on matters on the agenda,” Lashley said. “The letter of law is listed out as that a member of the governing body shall end when such member is no longer a part of the governing body.”

Lashley said he believes with Thomas still serving on the Development Authority of Warner Robins Board, that it’s a potential violation as well as could be charged as a misdemeanor. Mayor Randy Toms and Council agreed at the February 18, 2020 meeting for City Attorney Fred Graham and the Development Authority of Warner Robins Board attorney, Dan McRae, to look into the matter. Lashley said before the meeting he sought a legal opinion from Graham, but said he referred him to former city attorney Jim Elliott. Lashley said Elliott believes that Thomas was in violation.

During Monday’s council meeting the minutes of the February 18, 2020 meeting were revised to state that not only would Graham and McCrae look into the matter, but also look into it along with Mayor and full council. Councilman Lee made the motion to approve, but before voting held discussion on the matter. Councilman Clifford Holmes said he was concerned that two sets of minutes were sent out.

“The first set, to me was correct,” Holmes said. “The second set was incorrect. We agreed at the meeting for the attorneys only to look into the matter.”

Lee agreed with Holmes. Mayor Toms then asked how does the council go about fixing it because he believed it was said that he and council would look into it as well, but did agree it was originally stated that the attorneys would look into it. Lashley said at Monday’s meeting he was willing to concede to move the meeting forward and to approve the first original minutes as the accurate one. Council then approved unanimously for the first set of minutes to be the official minutes of the February 18, 2020 meeting.

City Attorney Graham said after the meeting that he and Development Authority of Warner Robins Board attorney McRae found supporting documents that were created in 2016 that show in accordance with Georgia law that Thomas was appointed to a four-year term, which expires on July 10, 2020. Graham said Thomas is able to finish his term until that date. According to West’s Code of Georgia Annotated Title 36 Local Government; Provisions applicable to Counties and Municipal Corporations Chapter 62 Development Authorities under code 36-62-4: “At the expiration of the current terms of office of the first four members of the board of directors, the governing body of the county or municipal corporation shall elect successors to such members to serve for initial terms of two years and shall elect successors to the remaining members of the board for initial terms of four years. Thereafter, the terms of all directors shall be four years. The terms of any directors added to the original seven directors shall be four years. If, at the end of any term of office of any director, a successor thereto has not been elected, the director whose term of office has expired shall continue to hold office until his successor is so elected.”

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