There he goes again. Winder Mayor Chip Thompson has reportedly hired a new city administrator, but is declining to release the name of the person hired.
Maybe this shouldn’t be a surprise. Mayor Thompson has established a long, messy record of making decisions in secret, holding illegal secret meetings and generally acting as if he were a petty dictator.
The mayor said he is withholding the name so the person he hired could let his current employers know about the situation. That’s a five-minute conversation in our estimation.
But it really doesn’t matter what the new administrator wants or what Mayor Thompson wants. State law makes it clear that when the head of any government agency is hired, the names of the top three candidates are supposed to be released 14 days before a final hiring decision is made.
Here’s what Georgia law says about the hiring of agency heads: “At least 14 calendar days prior to the meeting at which final action or vote is to be taken on the position, the agency shall release all documents which came into its possession with respect to as many as three persons under consideration whom the agency has determined to be the best qualified for the position and from among whom the agency intends to fill the position.”
That’s pretty clear. Note that it says “shall be released,” not “may be.” When a government hires an agency head, the names of the top three candidates are supposed to be released two weeks in advance of a final action.
We don’t argue that the mayor has the authority to do the hiring. But it doesn’t matter in this case that the city council isn’t voting on the new city administrator; no matter how the hiring is done, governments are supposed to follow state law.
If this were the first time Mayor Thompson had violated the state’s open meetings and open records law, we’d give it a pass. But this is part of a much larger pattern of abuse that he’s shown.
And it’s weird. We’ve never heard of a government hiring a top administrator, but refusing to tell the citizens who had been hired.
Is Winder a “stealth” government?
You printed this statement. Where does it say that the agency has to release it to the media. Maybe they released to the other paper. Maybe they released it to the radio or T.V. stations. I am telling you if I was the mayor I would not release anything without an open records request to this paper because I don't believe everything you say. I don't think everything is roses but I don't believe everything is doom and gloom.
The lack of notice for this hiring violated current State law, and the Mayor has violated his oath of office.
The law doesn't allow exceptions! Courtesy to an existing employer is no excuse when dealing with employment in the public sector.
Experienced and qualified candidates seeking this job knew that if they make the short list, top 3 people for the position, it has to be announced 14 days in advance and it is going to be in the newspaper.
This makes me doubt the competancy of the person chosen because he obviously went along with this charade.
The biggest shock to me was that the Mayor announced that he had hired someone...but it's a secret...will tell you "who" later. That is just plain crazy.
(6) Meetings 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 not when receiving evidence or hearing argument on charges filed to determine disciplinary action or dismissal of a public officer or employee. 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. Meetings by an agency to discuss or take action on the filling of a vacancy in the membership of the agency itself shall at all times be open to the public as provided in this chapter."
I have not been able to find a definition of "membership," so that may be open to interpretation.
Again, the Winder City Administrator is not the head of the City; the Mayor is elected and is the executive head of the City. No meeting or vote was required for this employment per the City Charter.
Again, my bet is on the City Attorney to know the law and guide the Mayor and Council.
You are correct that in the end, courts decide what the law means. If this mayor continues to willingly violate the law, our local courts may just get the chance to do that.
Remember the county CFO? Her name was released and even though the press was asked to NOT release it until AFTER she had notified her employer that she was leaving, they released it -- next day headline.
So yes, I understand why the mayor did this. Would you want someone to tell your current employer you were offered a job someplace else BEFORE you had the opportunity?