Auburn Charter to be reviewed




By Allie Jackson
ajackson@barrowcountynews.com
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Following a brief explanation by City Attorney Jack Wilson at a Thursday night Council meeting, about why the City of Auburn is proposing to amend certain sections of its city charter, citizens came before Mayor and Council to voice whether they support the idea or not. In the end, one citizen spoke in favor and three against it, while one member of the Downtown Development Authority (DDA) voiced some concerns and questions.

Folks in favor of the referendum feel that it’s a necessary change in order to move forward with the vision of the new Downtown Overlay District. Folks who oppose the idea feel that a referendum vote should be held before the city issues bonds or incurs debt.

Wilson said the changes have been proposed due to recommendations and review by the Citizens Committee Forum, Northeast Georgia Regional Development Center (NEGRDC) and his office Webb, Tanner, Powell, Mertz and Wilson, LLP.

"Most of the changes before you are fairly cosmetic in terms of cleaning up some of the language and some of the references in the charter," Wilson said ... some of the changes that have gotten the most attention recently are the ones that came really at my recommendation," he said.

Wilson is referring to Section 1.12, which contains three subsections, some of which were implemented in a referendum in 1998, requiring a referendum vote to take certain actions in regards to several issues.

"One of those [pertains] to eliminating the Police Department," Wilson explained. "And there is no proposal to change that subsection at all ... the 1998 referendum language is not being touched with this proposed amendment before you tonight. The two subsections that follow that, I suggested that you remove."

The subsections Wilson suggested be removed are the sections that require a 2/3 referendum vote in order to issue bonds and sell, pledge, or incumber Public Utilities. Wilson said the subsections were modified in 2002 to amend the language and strike an original restriction that would have required a 2/3 referendum vote for the city to construct any Public Utilities.

Former Mayor and current District 5 Commissioner Billy Parks, a resident of Auburn for years, spoke in favor of the proposed amendments, but offered caution in regards to debt.

"As an elected official I can tell you that without being able to issue bonds and incur debt, it handicaps you as a city government ... I think it’s wise to change that ... I would also encourage you to not incur a lot of debt at this time," he said. "It’s just hard to operate without going into [some] debt, as a city," he said.

Many folks who spoke against the amendment also addressed the section that Parks referred to.

Chairman of the Charter Review Committee and President of Citizens for a Better Auburn Paul Brown, voiced his concerns at the meeting, pointing out several word and grammar errors that he felt should be changed and saving his opinion on Section 1.12 for last.

"Back to Section 1.12 ... this is the part that the Citizens for a Better Auburn put in through a referendum ...Jack says it’s expensive to do a referendum, but it’s also expensive to do the legal battle to get a referendum put in," Brown said. "The Citizens for a Better Auburn paid that fee, they paid thousands of dollars, had 1,000 people to come out and sign a referendum to put this in here and I think if you want to take it out, you ought to do a referendum," he said.

Brown then quoted the charter to Mayor, Council and citizens in attendance.

"It says ‘As mayor I do solemnly swear that I will faithfully perform the duties of mayor of this city and I shall support and defend the charter thereof as well,’" Brown read.

"And the charter says we shall have a referendum, I just hold you to your oath to follow the charter and lets have a referendum," he said.

Another Auburn resident expressed concerns about the city issuing bonds without a vote from the citizens.

"I’m against [it], especially without a referendum, allowing any kind of bond issuance ... by the city," he said. "This is not the county, this is a small city and ... I’d like to keep it that way ... I’m very comfortable with the idea of bond issuance being by referendum," he said.

Councilwoman Dorissa Shackelford said she was not ready to approve the proposed amendment because she felt the document should be revised and cleared of word and grammar errors before being approved.

Wilson said that by law the city must vote on the issue at least twice.

Shackelford made a motion to hold a Saturday workshop after the holidays to revise the document before voting on it again. The date of that workshop, which is open to the public, is set to be announced at the Dec. 18 workshop session.




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