New charter proposed for Warner Robins

Last year the Houston County Legislative Delegation asked the University of Georgia’s Carl Vinson Institute of Government to review the city of Warner Robins’ Charter. The institute did so, and released the review in October of 2019 deeming it a “unique problem.”

Representative Heath Clark, chairman of the Houston County Legislative Delegation, stated in a press release last year, that for years they have received correspondence from constituents in Warner Robins asking the delegation to do something to remedy what has been referenced as “confusion and inefficiencies” among city officials and within city operations of Warner Robins.

Through an open records request filed by the Houston Home Journal, Clark sent out an email on behalf of the Houston County Delegation on March 12, 2020, to Warner Robins Mayor Randy Toms and members of the Warner Robins City Council. Attached was a draft of a charter modernization for the city of Warner Robins. Clark stated in the email, “In order to move forward, we are asking that you read over this and provide changes and edits through an official resolution(s) on or before Friday March 20, 2020.”

At the council meeting Monday, March 16, 2020, there was to be discussion held regarding the charter; however, Councilman Larry Curtis made a motion to remove the discussion from the agenda. It was unanimously approved.

Council met by teleconference last Monday due to the heightened focus and evolving situation regarding the Coronavirus/COVID-19 disease, which is why Curtis asked to remove the discussion from the agenda.

“The state suspended their session Friday (March 12, 2020),” Curtis said last Monday. “I felt due to the circumstances, this matter needed to be discussed in person. We also now do not have to rush and can take our time with reviewing this draft that was sent on behalf of the Houston County Delegation.”

In the draft that was emailed to Warner Robins Mayor and Council on March 12, 2020, it does not specifically state whether the city will run as a strong mayor form of government or by council-manager. It does state on lines 11-12 of the new draft: “to prohibit city council interference with administration.”

Section 2.18 of the new draft, regarding the mayor, states the mayor shall be the chief executive officer of the city with some changes of duties to include “keep the city council fully advised as to the financial condition and needs of said city.” It also states the mayor shall approve or veto the ordinance or resolution within eight calendar days after adoption or approval, and no ordinance or resolution shall become effective without the mayor’s approval except as provided in this subsection. If the mayor vetoes an ordinance or resolution, the mayor shall, within two business days of such veto, return it to the city council accompanied by a written statement of the reasons for that veto.”

In subsection C, regarding the mayor in the new draft, it states, “In no event shall the mayor be authorized to spend in excess of $10,000 for the purchase of any item for use by the city without the prior consent of a majority of the duly qualified members of council.” In subsection D, “Except for purposes of inquiry, members of the city council other than the mayor shall deal with the city’s employees solely through the mayor shall not give orders or directives to any such employees, either publicly or privately, except in emergency situations or in the absence of the mayor or the mayor pro tem acting on behalf of the mayor as provided in this charter.”

A new section that was created for a city administrator, has 10 subsections with several line items of different duties, however the city administrator will have similar duties of the mayor such as suspending or removing any employee and preparing the budget annually for submission by the mayor to the city council. It does not state whether the administrator will be fulltime or part-time, and what the salary will be. Warner Robins Mayor and Council created the position and adopted the ordinance in 2017, but also did not set whether the administrator will be fulltime or part-time and salary.

Also another new section created in the draft was, section 2.28 – council interference with administration. The section states, “Except for the purpose of inquiries and investigations under section 2.17, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city administrator solely through the mayor, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.”

Currently the mayor’s salary is set at $100,000.16. In 2017 the council approved a consultant services agreement with Terminus Municipal Advisors, LLC, to help with the city’s finances, at cost for $1,000 per month. In August of 2019, the council approved to amend the agreement with the cost to $10,000 per month with additional duties, including preparing the city’s annual budget. The total amount that will be paid to Terminus Municipal Advisors, LLC in August 2020, will be $120,000.

The Carl Vinson Institute of Government’s review reports the city of Warner Robins has a population of 75,797 and the review indentifies the mayor of Warner Robins as the “chief legislative officer of the city” with the power to preside at all meetings, appoint or abolish council committees, convene special meetings and administer oaths. It goes on to state that the city charter vests the legislative power of the city in a mayor and six council members. The Institute stated, “It is difficult to say where Warner Robins falls on a continuum between the strong mayor and strong council forms of government.”

The Carl Vinson Institute of Government’s review compared Warner Robins to nine other cities, similar in population size and to how local government is conducted. Those cities were Sandy Springs, Roswell, Johns Creek, Albany, Alpharetta, Marietta, Smyrna, Valdosta and Dunwoody.

The nine cities population, form of government, and mayor’s salaries are as follows:

•Sandy Springs: population – 108,797, form of government – council manager, mayor’s salary – $40,000.

•Roswell: population – 94,650, form of government – strong mayor, mayor’s salary – $40,000.

•Johns Creek: population – 84,310, form of government – council manager, mayor’s salary – $25,000.

•Albany: population – 75,249, form of government – council manager, mayor’s salary – $25,000.

•Alpharetta: population – 66,255, form of government – strong mayor, mayor’s salary – $30,000.

•Marietta: population – 60,806, form of government – council manager, mayor’s salary – $25,200.

•Smyrna: population – 56,706, form of government – strong mayor, mayor’s salary – $25,200.

•Valdosta: population – 56,426, form of government – council manager, mayor’s salary – $31,000.

•Dunwoody: population – 49,459, form of government – council manager, mayor’s salary – $16,000.

The Carl Vinson Institute stated there are three forms of government: council-manager, strong mayor and strong council and are defined by who has majority of power such as the hiring and firing of department directors.

The Institute pinpointed several observations:

•The clear majority of cities reviewed in this report employ the council-manager form of government.

•The three newest cities (those created within the last 15 years) – Sandy Springs, Dunwoody and Johns Creek – all utilize the council-manager form of government.

•Even the cities with a strong mayor form of government have seen value in creating a city administrator position and delegating some executive powers to it.

•None of the other city charters grants simultaneous independent power to the mayor and council to hire and fire employees.

In conclusion, the Institute states many tout the council-manager form of government, as the national trend and it appears to be the trend in Georgia as well. Organizations such as the International City/County Management Association and others insist that the council-manager form leads to better, more professional and less political local government.

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