New Year’s Eve commission meeting full of confusion and disagreements
The Ware County Commission’s final called meeting of 2024 took place New Year’s Eve, but quickly became mired in confusion and disagreements.
Ultimately, the matters it had been convened to consider were postponed until 2025 when a commission with two new members was in place.
At issue was the appointment of a new county manager to replace Scott Moye, who abruptly resigned October 14. But the sudden rush to fill the vacant position created a question about procedural rules for proper notification of commission meetings.
The meeting had not been in session very long before District 1 Commissioner Leonard Burse questioned if it was even legal to hold the meeting, citing a state requirement that the county’s legal organ, The Waycross Journal-Herald,
must be notified a full 24 hours prior to the meeting.
“Was this posted in the legal organ?” Burse asked repeatedly.
County Clerk and Interim County Manager Melinda Brooks responded, “I did not send the notice. I sent out the agenda, but not the text.”
Brooks went on to explain due to an oversight the legal organ was not included in the email notification.
District 3 Commissioner Timmy Lucas responded the paper and the public at large must have been made aware, because he had received emails from both the paper — who received calls from the concerned public — and citizens asking about the called session.
Lucas went on to express displeasure with the current arrangement, suggesting he would see if it was possible to remove the local paper as the legal organ of record in favor of the county’s website.
“I will be drawing up papers to have them separated and make Spencer’s website our legal organ,” Lucas said.
(EDITOR’S NOTE: The legal organ is named by the Judge of Probate Court, Sheriff and Clerk of Superior Court. Per O.C.G.A. § 9-13-140, only legal notices published in the official legal organ newspaper of the county are official. Most public notices are required by state law to be published in print by the legal organ publication.)
Burse stood firm that if it was not a full 24 hours, the meeting was not legal. Even so, with some legal advice from Attorney Jennifer Herzog, a vote was finally called on whether or not to go into executive session.
Chairman Thrift, Commissioner Lucas and outgoing Commissioner Sammy Hendricks all voted yes. Burse remained an adamant “no.” Outgoing Commissioner Pope voted yes, adding “with a qualifier of — if this is a legal meeting.”
A crowd of approximately 15 people gathered upstairs in the commission chambers bore witness to the increasingly tense exchange.
Those present included both of the candidates being considered for county manager as well as Barry Cox and Jon Tindall.
Cox and Tindall are the newly elected commissioners, whose terms would begin less than 24 hours after the meeting. They had no voting power on the matter at hand.
Cross talk between the commissioners in regard to what information the newly elected commissioners were and were not privy to grew heated and hard to follow.
“That’s what I’m saying. This stuff is jacked up. This process is jacked up,” said Burse.
“I’m not going to argue out here in front of the people,” Lucas said in reply.
“And I’m letting you know the people know how jacked up this whole mess is!” Burse snapped back.
Nor did things get much easier as the commissioners and others filed into the adjacent conference chamber. The door had not even shut before voices flared up once more in anger.
Little could be made out clearly, until a commanding, female voice rang out, “Stop it! We’re not going to do this here!”
Quiet descended, and an executive session nearly five hours long followed. In the end, even though the candidates were called back to be interviewed, nothing was decided.
Brooks informed the Journal-Herald that due to the notification oversight, the meeting was considered invalid.
Another special called meeting was held Monday, January 6 with Tindall and Cox seated on the commission.
