(Initial story – WEDNESDAY February 14,2024) Following a closed-door executive session Tuesday evening, three of the five Villa Rica city council-persons voted in favor of appointing former mayor Gil McDougal as the city’s next deputy city manager.
McDougal was the lone applicant from a stack of 22 people who applied for the deputy city manager position, which city manager Tom Barber offered city council to consider for the position.
Before the vote on Tuesday, city attorney David Mecklin stated that city council had the option of voting against the city manager’s lone recommendation for the position. Barber would then be expected to make a different recommendation for city council to consider.
McDougal – the former mayor of the city of gold – lost his re-election bid last fall to current mayor Leslie McPherson – following a campaign that at times – was not cordial.
The following is transcribed from last evening’s 16-minute post executive session discussion and vote:
CITY ATTORNEY DAVID MECKLIN:
The only action in executive session that has come back to the council for a vote relates to a personnel issue on the appointment of a Deputy City Manager. Let me just explain the process and what the charter says so that everybody can know what we’re doing. City Charter provides that any department heads, the City Manager recommends a person to be appointed to that. Tom (Barber) is going to make a recommendation in a moment. It will then be up to the council to confirm or deny that appointment. After he makes his recommendation, there’ll be a motion from somebody to do something.
CITY COUNCILMAN DANNY CARTER:
Question. I didn’t know the Deputy City Manager was a Department Head. How does he get into that position?
CITY ATTORNEY DAVID MECKLIN:
It’s my understanding that they have always been treated as that, that they are an officer of the city, that they are counted as a Department Head. They’re included in the Department head meetings. I don’t know that we have any type of a formal tree that would declare that, but they’ve always been treated forever as a department head. So that’s the process. Again, somebody will move to confirm or deny the appointment, and we’ll see what the vote is then.
CITY COUNCILMAN MATTHEW MOMTAHAN:
David, do we have the opportunity to ask the city manager for another candidate? Or are we limited by his recommendation?
CITY ATTORNEY DAVID MECKLIN:
Well, he’ll make a recommendation. You can vote not to confirm that, and then he’d be left with having to make another recommendation. You can always make a suggestion. He’s not required by the charter to accept that. The way it’s set up is the city manager is in charge of personnel, and he can recommend whoever he chooses for a position, and it then falls to the council if they’re a department head or an officer to confirm that or not. I’m saying it as directly as I can. If you got questions, I’ll be glad to try and answer them. So at this point, I guess we’re ready to proceed need unless there’s any questions. But after the motion is made and seconded, there’s opportunity for discussion if you choose to have any. I guess we’re to the point now of making a recommendation. If you’re going to make one.
CITY MANAGER TOM BARBER:
All right. My recommendation for Deputy City Manager is that we hire Gil McDougal.
CITY COUNCILMAN MATTHEW MOMTAHAN:
Tom, would you be willing to entertain or modify your recommendation on a six-month probationary period?
CITY MANAGER TOM BARBER:
That’s automatic.
CITY COUNCILPERSON ANNA MCCOY:
What about a three?
CITY MANAGER TOM BARBER:
That’s not what the personnel handbook says, but if you all have the authority to do that, you could do that.
CITY COUNCILMAN MATTHEW MOMTAHAN:
David, what is the… I don’t know if you have it memorized, but what does the personnel handbook have regarding whether or not we have the authority to put any employee or department on a three-month period. And what does it exactly say about the six-month period? How does that process work?
CITY ATTORNEY DAVID MECKLIN:
Well, I do know that it does say that every employee that’s hired is on a six-month probationary period, which allows Their supervisor to terminate them essentially for any reason, unless it is a prohibited reason for sex, race, age, those types of things. But for somebody who’s just not doing their job, a supervisor has the ability to terminate somebody during their probationary period.
CITY COUNCILMAN MATTHEW MOMTAHAN:
Without cause, in other words? Pardon. Is that with or without cause?
CITY MANAGER TOM BARBER:
Without appeal. Yeah.
CITY ATTORNEY DAVID MECKLIN:
As far as whether or not you have the power to individually vary the terms of the personnel handbook, I would say no without actually having a contract with that employee because you’re hiring a person in just under the standard terms of the personnel handbook. If you’re going to vary that in some way, it really needs to be on a contract basis.
CITY COUNCILMAN MATTHEW MOMTAHAN:
In the event, and I’ve not experienced this, I don’t believe in this, I’ve been on council, but in the event that a department head comes up on their six-month probation period, what is the process for the council or the city manager to consider whether or not they stay employed by the city?
CITY ATTORNEY DAVID MECKLIN:
I think if the council were going to do that, you would take action before that six-month had occurred that you would call in the city manager and say that it was the pleasure and it’s the wishes of the council to have that employee terminated. Then if the city manager chose not to do that, your rights then are to terminate the city manager. You have control. You don’t have control over the deputy city manager directly, but you do have control over the city manager directly. If you choose to terminate the city manager, then that’s clearly within the power of the council to do that. Just as an example, if at the four-month period, you’re dissatisfied with what any employee is doing, I think you have the ability to get together with him and say, Look, we’re not happy with employee X. You need to do something about that. And if the city manager responds, Well, I’m not going to do anything about it, then your remedy is to terminate the city manager.
CITY COUNCILPERSON ANNA MCCOY:
So we have that option in three months. That would be the option in three months.
CITY ATTORNEY DAVID MECKLIN:
Correct. Correct.
CITY COUNCILMAN MATTHEW MOMTAHAN:
Not three months, though.
CITY ATTORNEY DAVID MECKLIN:
Whenever you chose to.
CITY COUNCILMAN MATTHEW MOMTAHAN:
Oh, I see.
CITY COUNCILPERSON ANNA MCCOY:
It’s within the six months. So if we chose to revisit it, then we could make a decision. If we could make a decision then.
CITY COUNCILMAN MATTHEW MOMTAHAN:
But that decision would actually be a conversation with a city manager. Then if the city manager agrees with the council to take action during that probationary period.
CITY COUNCILPERSON ANNA MCCOY:
We can have that conversation in three months. It’s within the probationary period. We could have that conversation and not have to-
CITY ATTORNEY DAVID MECKLIN:
You can do it anytime you chose to. Yeah.
MAYOR LESLIE MCPHERSON:
This is a question and discussion time during this time?
CITY ATTORNEY DAVID MECKLIN:
It’s asking questions We’re really not debating it yet because nobody’s made a motion one way or the other yet. But I’m taking this as just questions people are asking for informational purposes. You’re not actually debating a motion yet, though. Again, I understand it’s out of the ordinary, so any questions I can try and answer, I will.
CITY COUNCILMAN MATTHEW MOMTAHAN:
I guess the short of my question was, We don’t have to ask Tom if he would make a modification to his recommendation by limiting the six months because it’s already provided for in the city in The employee handbook. It’s in the personnel handbook. Personal handbook. Anybody else have any questions before I guess someone makes a motion?
CITY COUNCILPERSON ANNA MCCOY:
I was going to say, as the council, we just have to be diligent to make sure that in the probationary period, Everything’s doing what it’s supposed to be doing. If we’re not happy, we need to make that clear within the probationary period is what I’m saying. That’s our responsibility.
MAYOR LESLIE MCPHERSON:
I’m assuming that if people weren’t happy, that then they would throw the city into chaos because they would decide they couldn’t get rid of the Deputy City Manager without getting rid of the manager, so we’d lose both at once, and that would work real well for the city when we’re concerned about having stability. That’s a real quandary to run into. Oh, well, if he won’t get rid of them, you can do it by getting rid of the manager and you lose both at once, and then you have no one in place to provide that stability.
CITY COUNCILPERSON ANNA MCCOY:
I will go so far as to say this, but aren’t we in politically killing two birds with one stone? If right now we’re saying we’re concerned about stability, but there have been a lot of citizens who’ve called for the city manager’s resignation, and that That’s his prerogative. But if this doesn’t work out the way it’s supposed to, then that won’t be an issue. A resignation letter won’t be an issue.
CITY COUNCILMAN MATTHEW MOMTAHAN:
I guess technically, we need to have a motion so we can further discussion.
CITY ATTORNEY DAVID MECKLIN:
Correct
CITY COUNCILPERSON ANNA MCCOY:
I move to hire the city manager’s recommendation of Gil MacDougall for deputy city manager.
CITY COUNCILMAN MATTHEW MOMTAHAN:
I’ll second.
MAYOR LESLIE MCPHERSON:
Okay. So we have a motion and we have a second. And so now it’s open for discussion…
I’ll just say that if you wanted a back door way to overturn an election, this is exactly what you would do. You would bring in the candidate that lost 2 to 1, and you would put him in a position to work with the city manager. This is very wrong. I believe our citizens will feel… so disrespected because voting and the ability to vote people into office is what how we do a republican government, a republic with representatives, and the person that the people rejected in a 2 to 1. Some people are going to make sure that person is installed to be working for them again. And it’s a sad evening to see that sort of thing happen. I can’t even put into words the disappointment I have and how bad I feel for Villa Rica and the citizens tonight.
CITIZENS IN ATTENDANCE:
(applause)
CITY COUNCILWOMAN STEPHENIE WARMOTH:
So here’s what I’ve got to say on this. I am new to this ball game. I am still learning. I have a lot to learn. Um, tonight was very eye opening, and I do realize one really big mistake that I made. And I promise from here on out, I will make sure that I make better choices.
CITY COUNCILMAN MATTHEW MOMTAHAN:
I’ll just say that this is not an attempt, at least on my part, to backdoor the election. Um, we’re not asking. Or the Tom is not asking, or the city manager is not asking for Gil MacDougal to be the mayor. He’s not asking for Gil to even be the city manager. He’s asking for us to approve his recommendation for him to be the deputy city manager. Um, as David explained, we’re limited by his recommendation. Um, there’s a need to fill this role that’s been vacant since, I think it was August or September, maybe October. Uh, apparently we’ve had 22 applicants, and I’ll say we discussed those applications downstairs. And none of the top seven at least did not appear to. Um. Pass any kind of muster with the HR department or with Mr. Barber. So I’m making this decision because I do believe it’s the best thing for the city, though it’s not the decision I would like to make.
MAYOR LESLIE MCPHERSON:
Uh, since we’re still open for discussion, I never saw one of the applications a city. It’s it’s it was verbalized what was in some of the applications and, um.
We were given one option. There was no desire to consider even another person.
Applications gone through. One choice, knowing that it would not be healthy for us up here to have this division.
But we will have it because there was no compromise or other option. Given that we felt that maybe we could live with together, that would have gone better.
CITY COUNCILMAN MATTHEW MOMTAHAN:
I don’t believe that we have to have division necessarily, just because of a vote this evening. I believe we can all be try to be adults and try to work with people. And if it doesn’t work out in approximately 3 to 4 months. Will present the issue to the city manager and take the action. If we have to.
CITY COUNCILPERSON ANNA MCCOY:
And we’ll take the action if we have to.
MAYOR LESLIE MCPHERSON:
You’ll be assured that it is working out. You can be assured that you will hear that it’s working out very well, just like it has the last several years before that person was rejected by the citizens. That is report you will receive and he will run this city.
Uh, any more discussion? Okay. We’ve had a motion. We’ve had a second. We’ve had discussion. Um, the vote is to. It will be a yay or nay with a hand to either accept, um, who the city manager has recommended.
All in favor?
(Momtahan, Marchman, McCoy raise hands)
All opposed.
(Carter, Warmoth raise hands)
That’s 3 to 2.
CITY MANAGER DAVID MECKLIN:
I think that’s all the action that you have tonight. So a motion to adjourn would be in order.
(THURSDAY, February 15, 2024) Less than 48 hours after Villa Rica city council narrowly approved hiring former mayor Gil McDougal as the next Deputy City Manager, WLBB News Director Colin Worthington learned of a section in the Villa Rica city charter that suggests McDougal was ineligible to be appointed to a paid-position for the municipality.
Thursday morning 02/15, Worthington sent a group text to city manager, Tom Barber; VR Public Information Officer, Ken Denney; council-person Anna McCoy & council-person Matthew Momtahan; showing an image in the charter, referencing the ineligibility of elected officials. The text from Worthington stated: “Good morning. can I get a comment from any (sp) all of you regarding this code in the Villa Rica handbook… and why it appears to have been ignored this week. Perhaps there is a different interpretation… or maybe I haven’t done enough research. Thanks. Colin Worthington, WLBB Radio.”
The referenced handbook/ charter was adopted by Villa Rica city council in 2018, when McDougal was a city councilman. He signed the document.
McDougal, was later elected mayor of Villa Rica. He was relieved of his official duties as mayor, no more than 2 months ago, following a run-off election in which he lost to current mayor Leslie McPherson.
Only city councilman Matthew Momtahan responded to Worthington’s Thursday morning group text. His response read: “It’s my understanding that the City Attorney has determined that section to not apply to this scenario.”
Although Momtahan did not identify “City Attorney” by name, Worthington believed the councilman was referencing David Mecklin. Worthington responded to the group text: “OK. Thanks, Matt. I shall talk to DM.”
After leaving a voice message for Mecklin, the attorney called Worthington back prior to 11:00am Thursday. During that conversation, Mecklin stated he needed to review the charter-item in question before offering a comment. Mecklin provided no timeline for his response. Mecklin was told of the comment texted by councilman Momtahan earlier in the day; and, Mecklin did not confirm or deny its accuracy.
According to page 26 of the (26 page) Villa Rica charter – which was adopted in February of 2018; under Appendix A : Code of Ethics & Prohibited Practices, Section 5 – Ineligibility of elected officials: “… No former mayor and no former councilmember shall hold any compensated appointed office in the city until one year after the expiration of the term for which he/ she was elected.”
Worthington texted Public Information Officer Ken Denney again, Thursday afternoon. The text read: “Mr. Denney. Please respond to my request for info… Is Gil McDougal officially an employee of Villa Rica… at this very moment? Is he working today? Thank you.”
Denney responded: “Yes”
(FRIDAY february16, 2024) Villa Rica City Attorney David Mecklin Thursday evening – provided a little insight into how the city of Villa Rica may be interpreting a line in the ethics code of the city charter – that many residents of the city have determined – clearly – makes former Villa Rica Mayor Gil McDougal – ineligible for the deputy city manager role – he was hired – and began working this week.
Villa Rica city council voted 3 to 2 Tuesday night – in favor of accepting City Manager Tom Barber’s recommendation – that McDougal be hired to fill the vacant deputy city manager position.
Found on page 26 of the (26 page) Villa Rica charter – which was adopted in February of 2018… under appendix a: code of ethics & prohibited practices, section 5 – ineligibility of elected officials: is the statement that “…no former mayor and no former councilmember shall hold any compensated appointed office in the city until one year after the expiration of the term for which he/ she was elected.”
McDougal last served as mayor in December of 2023 – after losing a run-off election to current mayor Leslie McPherson.
And, while – there have been suggestions that the word “appointed” may be a loophole in that statement… Mecklin – following an executive session Tuesday evening – used the words appointment or appointed, no less than four times, when discussing the position and the action being considered by council to fill the position.
Looking for the city’s interpretation of the code of ethics line in the charter – WLBB Radio reached out to Mecklin for comment on Thursday. Mecklin is out of town – and understandably did not have access to the charter at the time. However, after being made aware of the concern and interest of citizens regarding McDougal’s hiring – Mecklin texted WLBB News Director Colin Worthington the following:
“I still do not have good access to the Charter to give you an exact answer but people have forwarded me your story on line and I understand it is an important topic of interest. The Charter section you reference relates to compensated officers of the City. The Charter defines who is an officer of the City. The “Deputy City Manager” is not a defined officer of the City but is rather an employee. The Deputy City Manager is an at will employee. I have given an opinion that the prohibitory language you reference would not apply to someone hired as a mere employee. Under the Charter the position of Deputy City Manager is given no official authority.”
He concluded that he has given an opinion that the prohibitory language referenced would not apply to someone hired as a “mere employee;” and, under the charter the position of deputy city manager is given no official authority.
However, this perspective offered by Mecklin – is in contrast – to information he himself provided to city council – prior to their vote on Tuesday.
CITY ATTORNEY DAVID MECKLIN:
The only action in executive session that has come back to the council for a vote relates to a personnel issue on the appointment of a Deputy City Manager. Let me just explain the process and what the charter says so that everybody can know what we’re doing. City Charter provides that any department heads, the City Manager recommends a person to be appointed to that. Tom (Barber) is going to make a recommendation in a moment. It will then be up to the council to confirm or deny that appointment. After he makes his recommendation, there’ll be a motion from somebody to do something.
CITY COUNCILMAN DANNY CARTER:
Question. I didn’t know the Deputy City Manager was a Department Head. How does he get into that position?
CITY ATTORNEY DAVID MECKLIN:
It’s my understanding that they have always been treated as that, that they are an officer of the city, that they are counted as a Department Head. They’re included in the Department head meetings. I don’t know that we have any type of a formal tree that would declare that, but they’ve always been treated forever as a department head. So that’s the process. Again, somebody will move to confirm or deny the appointment, and we’ll see what the vote is then.
Mecklin told Worthington, he would make himself available for further questions when he returns to town and has access to the official charter.
Meanwhile, the newly hired McDougal is expected to act as interim city manager beginning next week – as City Manager Barber is scheduled to begin a multi-week vacation, according to a city official.
(FRIDAY, February 16,2024) So, we know – that #VillaRicaGA Mayor Leslie McPherson has filed a veto in response to Villa Rica City Council’s 3-2 vote — that did result in former mayor Gil McDougal beginning work this week as Deputy City Manager.
However, even McPherson at his time is unsure of how her veto will play.
The Mayor told WLBB Radio Friday afternoon- that she felt she needed to at least try the veto within the charter’s required three days; but, she is unsure if it will be accepted by city rules as it relates to a hire.
“The charter is clear in dealing with ordinances and resolutions, but… I’m not positive if the veto is sustainable for this vote,” McPherson said. “I just know I could not wait any longer… so that this possible option, did not pass. I want to follow the city charter.”
McPherson confirmed that City Manager Tom Barber is scheduled for vacation beginning next Wednesday. If city council does not consider the mayor’s veto by then, the city could be without a city manager or interim city manager for a period.
However, McPherson says she has been notified by former Villa Rica City Development Director Bobby Elliott that he would be willing to serve in that position to help out the city. Elliott has previously worked as city manager for Bowdon. Elliott is currently working for Villa Rica as an engineer on a contract basis.
McPherson said prior to signing her veto, she was confident that several other talented people could and would step in on a temporary basis, if needed.
“Former deputy city manager Sarah Andrews has said she is willing to come back to the city in a city manager role,” McPherson said. “My attorneys are currently reviewing all of the options that I and our city have at this time… to get through this – blatant attempt by the former mayor to undermine the voters of our city.”
WLBB Chief Videographer Joel Brock attempted to get a comment from City Manager Tom Barber on Friday. Barber reportedly responded with a friendly wave, but no verbal comment.
(MONDAY February 19,2024) An attorney representing Villa Rica mayor Leslie McPherson told WLBB Radio Friday – that he is looking into all legal options and fully intends to preserve all of McPherson’s legal rights – while protecting the citizens of Villa Rica and the vote they cast in November – in which voters overwhelmingly showed their support for McPherson to be mayor beginning in 2024– over former mayor Gil McDougal.
Douglas Chalmers, Jr. is managing member of Chalmers, Adams, Backer & Kaufman, LLC. He is admitted to practice in Georgia and Washington, DC. He is now working with McPherson to determine McPherson’s legal actions in response to McDougal being voted in by a divided city council – to begin work as deputy city manager.
During discussion for that vote- McPherson stated “…if you wanted a back door way to overturn an election, this is exactly what you would do. You would bring in the candidate that lost 2 to 1, and you would put him in a position to work with the city manager…”
“It’s sometimes hard to accept that the voters have rejected you,” Chalmers, Jr. told WLBB Radio. “But its clearly what has happened here…and attempting to circumvent that by weaseling your way back into a city office that can attempt to the do the job you were just voted out of… it’s shameful.”
Chalmers has worked with political challenges for over 30 years; he was counsel to Mike Huckabee’s 2016 presidential campaign, and served as the Chief Georgia Lawyer for John McCain’s presidential campaign.
The charter for the city of Villa Rica – suggests that the mayor plays a “weak” role in city operations; and, the un-elected city manager – would appear to have more say in actions of the city. A “weak” mayor possesses few, if any, of the executive powers provided in a “strong” mayor system. However, the city charter does allow for the mayor to veto certain actions of the city council; and, while she was unsure if the charter could be interpreted to allow for a mayor to veto a council’s action regarding the hiring of personnel, McPherson did give it a shot. She filed a veto on Friday “against the action of the city manager with the approval of 3 of the 5 city council members to appoint the former mayor to the position Deputy City Manager.”
McPherson told WLBB Radio Friday afternoon- that she felt she needed to at least try the veto within the charter’s required three days- “and we will see where it goes from there.”
Around the same time that McPherson was filling out her veto at Villa Rica City Hall – a group of citizens were outside – letting city council, the city manager and the new deputy city manager know – they were unhappy with the actions taken last week.
WLBB Chief Videographer Joel Brock was there. He has posted video and interviews from the protesters to the Newstalk 1330 WLBB Facebook page.
Prior to her veto – McPherson said city manager Tom Barber was scheduled for vacation – beginning this Wednesday. McDougal would have served as interim-city-manager for that period.
(TUESDAY February 20, 2024) Villa Rica city attorney David Mecklin says he has given Villa Rica mayor and council a verbal opinion that the action approving the city manager’s recommendation of former mayor Gil McDougal as deputy city manager is not subject to veto because it was neither an ordinance nor a written resolution.
Mayor Leslie McPherson filed a veto against the actions on Friday.
Mecklin says the charter gives the mayor the power to approve or disapprove an ordinance or written resolution… but, Mecklin’s perspective is the charter does not allow for the mayor to challenge a hire.
Mecklin says he is reducing his opinion to writing so that it, along with the opinion he has previously given concerning the underlying action approving the hiring of McDougal, can be forwarded to the Georgia Attorney General for review and comment.
Villa Rica’s charter states that a mayor – fresh out of office – “is not eligible to hold any compensated appointed office in the city.” However, Mecklin asserts that the clause does not pertain to the deputy manager position because– “The charter defines who is an officer of the city. The “deputy city manager” is not a defined officer of the city but is rather an employee.”
Mecklin says he believes his interpretation of the charter is consistent with Georgia case law. He says he did advise the mayor to file her purported veto last week…“so she would preserve her procedural rights should his opinion be questioned by the Attorney General or a court.”
Click the link below to view Villa Rica’s entire charter adopted in 2018.
