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City Attorney Rob Wilmot has not responded this week to phone calls and texts from the Tifton Grapevine regarding whether or not a public vote was required to place the city manager on administrative leave.
According to the Georgia Open Meetings Act, City Council may go into a private executive session "when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee."
But the Open Meeting Act adds that "the vote on any matter covered by this paragraph shall be taken in public and minutes of the meeting as provided in this chapter shall be made available."
David E. Hudson, an Augusta attorney who has argued cases before both the Georgia and U.S. Supreme Courts and is an expert in media law, said that if a city charter gives its city council the authority to place a city manager on leave, then any such action must be undertaken in a vote at a public meeting.
Beeman said she was placed on leave by Vice Mayor Reynolds and Councilman Franks with City Attorney Wilmot present. "They said it was the 'consensus of the council,'" Beeman told the Grapevine.
When asked if there was a public vote on putting the city manager on leave, Reynolds said Tuesday: "What's done is done. Any legality issue, you need to talk to Rob (Wilmot)."
Neither Franks, Cromer, nor City Attorney Wilmot responded to individual queries about a public vote.
At a City Council meeting the following Monday after Beeman was put on leave, no public vote was taken on the issue. When a citizen asked council if Beeman had resigned, Vice Mayor Reynolds said, "As of the moment, she is on administrative leave," although there had been no vote and no public discussion about doing so.
Reynolds conducted that council meeting on July 22 in the absence of the mayor; Councilman M.Jay Hall was also absent.
Mayor Julie B. Smith told the Tifton Grapevine on Tuesday that she was out of town on a planned vacation at the time and wasn't involved in placing the city manager on leave.
"She did a good job for the city, and I wish her all the best," Smith said Tuesday.
About the lack of a public vote on placing Beeman on leave, the mayor noted that she wasn't there and deferred the question to the city attorney.
The Tifton Grapevine has requested all minutes of council meetings between July 15 and Aug. 8, but has not yet received them. Council sometimes goes into executive session following a regular meeting, but it must return to public session afterward to take any formal action.
In a public statement Monday, Beeman said she was not given any reason for the administrative leave.
"The City of Tifton has never provided any basis for the actions of the three council members, and the actions of the City of Tifton are not the result of any poor job performance, any unethical, immoral, or illegal act, or any justifiable reason," Beeman said.
Mayor Smith said Tuesday, "We've got to get through this, and life will go on." She noted that she's saddened there is "a focus on the negative" at the moment and not on the positive things occurring in Tifton.
"The work of the city will go on; there are great projects in the works," Smith said. "I am most proud to serve my community. We all need to move forward."
To read the full City Council statement issued late Tuesday, Click Here.
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