Hampton City Council votes on ordinances for city manager

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  Three ordinances related to the city manager position were considered at the October 9 regular meeting of the Hampton City Council, along with an amendment to the city’s code of ethics. All four items saw a split vote, with two motions failing to pass.

  Ordinance 462 was intended to “to allow for an expansion of penalties” relating to violations of the code of ethics. Penalties currently consist of private or public reprimand and/or a fine of up to $1,000.

  “The city has determined that those penalties may not address egregious behaviors of those subject to the ethics ordinance,” according to the wording of the proposed new ordinance.

  Mayor Pro Tem Ann Tarpley moved to approve the first reading of the ordinance and was seconded by Willie Turner. Councilmember Elton Brown also voted yes, but no votes were cast by Stephanie Bodie, Henry Byrd and Errol Mitchell. Mayor Steve Hutchison broke the tie with a no vote, and the motion failed.

  Ordinance 463 is intended to amend the procedure for removal of a city manager, calling the existing process as laid out in the old ordinance “conflicting and confusing” while “it is the desire of this council to make the removal of the city manager provisions consistent with the process of the appointment of the city manager.”

  The text of the amended ordinance states that it would allow for the council to “suspend, with or without pay, terminate, or take other disciplinary action against the city manager at any regularly or specially called meeting by a majority vote of the entire council, provided all terms of the city manager’s contract regarding discipline are adhered to. The Mayor has the authority to vote in the case of tie vote.” Should that happen, the city manager would have the right to request an appeal with 72 hours, and that appeal would be heard by the council within 30 days before either affirming or reversing the action.

  Byrd moved to approve the first reading. The motion passed 4-3 with Hutchinson again breaking a tie. Tarpley, Brown and Turner voted no.

  Ordinance 464 addresses the powers and duties of the city manager, with the suggested changes meant to be compliant with the city charter. The amended ordinance text states that the city manager shall “supervise the employees of the Administration Department, excluding the city

clerk, who shall report directly to Mayor and Council, the director (s) and employees of the Police Department, Public Works Department, Economic Development Department, Community Development Department, Finance Department, and director(s) and employees of any other department that may be created in the future.”

  Mitchell moved to approve the first reading and the 4-3 vote fell on the same exact lines as the previous item.

  Ordinance 465 was written to temporarily suspend the city manager’s spending authority. According to city code the city manager is authorized to spend up to $2,000 without council approval, but the city has not approved a budget for the 2019 fiscal year (which began October 1) and is operating on a month-to-month basis under the 2018 budget until the new one is approved. The text of the proposed ordinance directs that the city manager must request council approval before transferring any money from the contingency fund to any line item in the budget “unless an emergency so exists the a delay in such a request may result in harm to the city and/or its residents.” In that situation, the city manager would need to notify the council immediately.

  The issue is moot for now, as Byrd made the motion to approve the first reading and Bodie seconded but the other four council members all voted no.   Among the matters covered at the meeting which were met with unanimous approval is the first reading of Ordinance 466, which amends and adopts the city’s zoning map and brings it in line with the future land use map.

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About Monroe Roark

Monroe Roark has been covering the news in Henry County for more than a quarter-century, starting in 1992. He has owned homes here and raised a family here. He still enjoys staying on top of the important matters that affect his friends in the community.