This story was originally published on May 25, 2023. No action has since been taken by council on the subject.
Residents may voice their grievances on the apathetic lack of action from their city councilors regarding the mayor’s abuse of power by emailing their respective city council members.
COLUMBUS, Ga. — The Columbus Consolidated Government just confirmed that Mayor Henderson has indeed overstepped his legal authority by unilaterally appointing a chief of police without first receiving a vote of approval from City Council.
In an email thread with CCG, we asked point blank what section of the City Charter provides the Mayor with the authority to appoint a chief of police.
The answer we received from CCG cited the exact scenario we previously published: that pursuant to Section 4-201, paragraph 15, the Mayor can only appoint a chief of police if City Council has given their approval through a majority vote of six council members.
In CCG’s own words, as shown through their own provided citations of the city’s Code of Ordinances in the email chain below, CCG is well aware that Mayor Henderson did not have the legal authority to unilaterally appoint a chief of police — for any length of tenure — without first receiving an approving vote from City Council.
Without the approval of City Council, no appointment of a chief of police can be made. Since no vote was ever recorded, there technically is no current police chief for our city, creating a massive legal liability for any action taken by Stoney Mathis on behalf of the office.
Despite city council members’ known frustration with the Mayor’s tyrannical overreach, no member of City Council has taken any public action to correct the matter nor to hold the Mayor accountable.
Here’s the complete email chain for your examination.
MUCKRAKER: EMAIL #1
Though we already knew the answer after performing in-depth research and conducting several private interviews on the subject, we sent the following inquiry to the Clerk of Council on May 24, 2023 at 2:06 p.m. ET:
Dear Madam Clerk:
What section of the City Charter permits the Mayor to unilaterally appoint a chief of police — for any length of tenure — without first receiving an approving majority vote of City Council, as required by Section 4-320? To wit: “Vacancies occurring in the office of the Chief of Police of Columbus, Georgia shall be filled in the same manner as prescribed in Chapter 2 for original appointment,” To wit: “Subject to the approval of six (6) members of the Council, to appoint and remove City Officers,” et sequentes.
Since action has recently been taken by the Mayor to exercise his alleged powers on this subject, we trust the answer to our question is of course readily available without the need for research. We — and many others — therefore look forward to your timely reply by close of business today.
Thank you very much for your time and service to our city.
Sincerely,
MM
CCG: EMAIL #2
In reply, the Clerk of Council evaded our very simple question by originally denying her ability to answer, mistakenly interpreting our inquiry as a search for her legal opinion. Though Davis would later recant her alleged misunderstanding, she initially responded with the following deflection at 4:29 p.m. ET:
Good Afternoon,
Thanks for your inquiry. However, the Clerk of Council’s Office serves as an administrative office and does not provide legal opinions or interpretations of the laws that are on record for Columbus, GA.
Thanks again and please advise if I can be of some other assistance.
Sandra T. Davis
MUCKRAKER: EMAIL #3
We then corrected Davis’ alleged misunderstanding by reminding her of her office’s responsibilities, as well as asserting that we would be happy to ask the same question again in the form of an Open Records Act request should the simple answer not be immediately provided. We responded with the following at 4:40 p.m. ET:
Good Afternoon,
Please forgive us, but we are confused. We aren’t asking for a legal opinion, but rather for the section of the City Charter that recently provided a specific power to the Mayor. That would indeed fall under your office, according to your own website:
“The Clerk of Council is the administrative arm of the City Council. The Clerk of Council’s Office is a time honored and vital part of local government that is dedicated to upholding the integrity, accountability and professional standards attributed to being a public official while providing quality services in response to the needs of the citizens of Columbus, Georgia, Mayor and City Councilors, other elected officials and city departments. A comprehensive index file of ordinances and resolutions adopted by the City Council is processed and maintained by the Clerk. Additionally, the Clerk is responsible for maintaining and updating the code of ordinances and provides subscription services to citizens and various departments of the Consolidated Government.”
If it is still your position that your office cannot adequately reference such a basic question regarding city ordinance, please kindly let us know which option you would prefer:
1. To whom you will forward this matter to for immediate attention, with our cc on the forward, or;
2. The consideration of this question as a request under the Open Records Act.
The lack of a simple cited answer to this simple ordinance-related question is rather telling.
We look forward to your immediate reply, and thank you again for your service to our city.
Sincerely,
MM
CCG: EMAIL #4
Davis then finally answered our question by citing the one and only section of the City Charter that enumerates the “Powers and Duties” of the Mayor: Section 4-201. Davis replied with the following at 7:07 p.m. ET:
Good Afternoon,
My apologies and thanks for the clarification. Provided below is the link to Sec. 4-201. Powers and duties. This section outlines the powers and duties of the mayor.
https://library.municode.com/ga/columbus/codes/code_of_ordinances?nodeId=PTICH_ARTIVEXBR_CH2THMA_S4-201PODU
Best Regards,
Sandra T. Davis
MUCKRAKER: EMAIL #5
Knowing that Davis just admitted point blank that the Mayor’s power to appoint city officers is limited by the sole section of the City Charter she just cited, and knowing that the requirements of Davis’ own cited code section have not been met (as we have previously published), we replied with the following at 7:42 p.m. ET:
Good Evening,
Thank you for clarifying that the powers and duties of the Mayor regarding the appointment of a chief of police are limited to those specified in Section 4-201, paragraph 15, to wit:
“Subject to the approval of six (6) members of the Council, to appoint and remove City Officers as defined in Section 4-300 below.”
Regarding the Mayor’s recent unilateral appointment of Stoney Mathis:
1. When did such a vote by Council occur, in accordance with Section 4-201, paragraph 15?
2. What resolution embodies that vote prior to the Mayor’s announcement of Mathis’ appointment on May 5, 2023?
Please share a link citing that resolution.
Thank you for your time. We look forward to your timely reply.
Sincerely,
MM
//——//
No further reply was received from CCG, as no such vote took place and no such resolution exists.
//——//
THE BOTTOM LINE
The Columbus Consolidated Government just admitted point blank that the Mayor cannot unilaterally appoint a chief of police — for any length of tenure — without first receiving an approving majority vote of City Council, as required by Section 4-320, to wit:
“Vacancies occurring in the office of the Chief of Police of Columbus, Georgia shall be filled in the same manner as prescribed in Chapter 2 for original appointment,” to wit:
“Subject to the approval of six (6) members of the Council, to appoint and remove City Officers,” et sequentes.
Without the approval of City Council, no appointment of a chief of police can be made. Since no vote was ever recorded, there technically is no current police chief for our city, creating a massive legal liability for any action taken by Stoney Mathis on behalf of the office.
Despite city council members’ known frustration with the Mayor’s tyrannical overreach, no member of City Council has taken any public action to correct the matter nor to hold the Mayor accountable.
Residents may voice their grievances on the apathetic lack of action from their city councilors regarding the mayor’s abuse of power by emailing their respective city council members.
Facts are stubborn things — and we’ll keep publishing them, whether city officials like them or not.
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