ICYMI: Atlanta News First Reports on Concerns Raised Regarding Emergency Meeting of Mulberry City Council

Issue

An emergency meeting of the Mulberry City Council is scheduled for Tuesday, November 12th, with a notice issued prior to the certification of the municipal election results. The emergency meeting not only deprives District 5 residents of their voice on these issues, but blatantly disregards all established state and municipal code.

Key Concerns

1. Non-Compliance with Open Meetings Act

• The notice and agenda for the emergency meeting do not meet the legal requirements outlined in Georgia’s Open Meetings Act.

• The criteria for an emergency meeting were not fulfilled, and the agenda lacks the urgent or exceptional circumstances necessary to justify it as an emergency under the law.

2. Relevant Sections of Mulberry City Charter

• Article I, Section 2.23(a): Allows the City Council to convene in a public emergency affecting life, health, property, or public peace.

• Requirements: Such a meeting can be called by the mayor or three councilmembers and may result in an emergency ordinance.

• Limitations: The emergency ordinance cannot levy taxes, alter utility rates, or authorize borrowing beyond loans repayable within 30 days.

• Emergency Ordinance Protocols:

• Must be clearly labeled as an emergency ordinance.

• Should contain a specific declaration explaining the emergency in clear terms.

3. Agenda Items Conflict with Charter Prescriptions

• The agenda includes appointing a Mayor and Mayor Pro-Tempore, which, according to the charter (Article I, Sections 2.31 & 2.32), should occur at the “first regular meeting” after an election.

• Conducting these appointments in an unscheduled emergency meeting violates the prescribed procedure.

Implications for District 5 Constituents

This action circumvents established legal processes and denies residents a fair opportunity for representation in these decisions. The use of an emergency meeting for non-emergency matters could set a concerning precedent.

Call to Action

A request is made for council members to reconsider and cancel the emergency meeting to uphold transparency, due process, and legal compliance. This action would reinforce the council’s commitment to the rule of law and the interests of Mulberry residents.

Conclusion

Adhering to legal guidelines and proper procedures is essential for maintaining public trust and ensuring fair representation for all city residents. The City Council is urged to take appropriate steps to ensure all meetings align with these principles.

Opposing Argument

Supporters of the meeting argue that Section 8.11 of the charter permits them to hold the meeting as it states that the council members can take binding action prior to January 1, 2025. This is indeed correct, but should not be misinterpreted to mean that the council members can take whatever actions they want in any way they want to. The charter still lays out the procedures for the actions they are looking to take and they are in violation of.