---
date: 2012-09-28
title: September 28, 2012 Minutes
source: 2012-09/2012-09-28_September 28, 2012_Minutes.pdf
pages: 1
---

September 28, 2012

SPECIAL CALLED MEETING MINUTES
Stockbridge City Council
Friday, September 28, 2012; 3:00PM

The Special Called Meeting of the City of Stockbridge City Council was held on September 28,
2012 at 3:00PM. Mayor Lee Stuart presided and the members present were Mark Alarcon,
Robin Buschman, Harold Cochran, Richard Steinberg and Alphonso Thomas.

Motion to convene made by Harold Cochran; second made by Robin Buschman; passed 5-0.

Invocation was done by a member of the audience.

Pledge of Allegiance

A motion was made to adopt the agenda by Richard Steinberg; second made by Harold Cochran;
passed 5-0.

The Mayor welcomed all guests.

Request - By the Ethics Board for support services. Mark Alarcon verified with the city attorney
that this portion may be conducted by the Mayor at the open meeting. Richard Steinberg read
the request by the Ethics Board into the record. Alphonso Thomas responded to the request
saying that he disapproves of said request as he previously served on the first Ethics Board of the
City and the request is out of scope for the Ethics Board. Mr. Thomas stated that they were not
set up to be a judge and/or jury in a court of law. They were set up to review conduct of moral
and ethical behavior. Mr. Thomas continued to say that whatever information was brought to the
board is what they need to deal with. If Council approves the request, any board could ask the
same in the future. Also, the budget has not been discussed on the request. Mark Alarcon made
a motion that Council approve a resolution for the Ethics Board to hire a court reporter for the
hearing against Mayor Stuart filed by Kathryn Gilbert; second made by Robin Buschman; passed
4-1 with Alphonso Thomas opposed.

Richard Steinberg made a motion to deny the request as proposed by the Ethics Board to hire a
special investigator for the allegations made in the complaint by Kathryn Gilbert; second made
by Alphonso Thomas; passed 5-0.
Executive Session-Robin Buschman made a motion to go into executive session to discuss items
A, B, C and D; second made by Harold Cochran; passed 4-0 with Alphonso Thomas abstained.

EXECUTIVE SESSION

 A. To discuss the future acquisition of real estate; O.C.G.A. §50-
14-3(4).

 B. To discuss or deliberate upon the appointment, employment,
compensation hiring, disciplinary action or dismissal, or
periodic evaluation or rating of a public officer or employee;
O.C.G.A. §50-14-3 (6)

 C. To consult or meet with legal counsel pertaining to pending
or potential litigation, settlement, claims, administrative
proceedings, or other judicial actions brought or to be
brought by or against the City or an officer or employee or
in which the officer or employee may be directly involved;
O.C.G.A. §50-14-1 and O.C.G.A. §50-18-72 (e).

 D. Staff meeting held for investigative purpose under duties or
responsibilities imposed by law. O.C.G.A. §50-14-3 (1).

A motion was made by Mark Alarcon to come out of executive session; second made by Robin
Buschman; passed 5-0.

A motion was made by Mark Alarcon to have the Mayor sign an affidavit stating that the
executive session discussion was limited to items A, B, C and D; second made by Robin
Buschman; passed 5-0.

A motion to reconvene was made by Richard Steinberg; second made by Harold Cochran; passed
5-0.

Consideration of Mayoral Nomination of Edward Lowery as Stockbridge City Administrator-
Richard Steinberg made a motion to deny the Mayor’s nomination of Mr. Lowery for the
position of City Administrator. Alphonso Thomas asked if we can discuss this in public. Bill
Linkous verified that Council was free to discuss this without disclosing confidential
information. Mr. Thomas stated that Mr. Lowery’s credentials appeared to meet the
qualifications and wanted to know why this was on the table and then he asked Mr. Steinberg if
he would like to comment on that. Mr. Steinberg replied he had no comment at this time. Mark
Alarcon asked if once this vote was taken, would it put us back on the clock to find an additional
candidate. Bill Linkous said yes that we will then be back on the clock for the Mayor to provide
additional candidates. A second to the motion was made by Harold Cochran; passed 4-1 with
Alphonso Thomas opposed.

Consideration of hiring a special investigator regarding alleged misconduct by an elected city
official-Mark Alarcon had asked to have a resolution drafted by the city attorney. Mr. Alarcon
read the motion into the record. Harold Cochran made a second to the motion. Mark Alarcon
then read the resolution in its entirety for clarity. Mayor Stuart stated for the record that he looks
forward to the investigation but disagrees that the city attorney recommend his “buddy” at
$175.00 per hour to do the investigation. Mayor said he was in agreement but wants an outside
person to do the investigation. Alphonso Thomas had a couple of questions and asked if these
were the same allegations that came forth from Mrs. Gilbert’s complaint? Also, what
information and documentation was there? Mr. Thomas said that it states that the Council
believes that the allegations related to the conduct of the Mayor are sufficiently serious and he
was not part of that discussion. Mark Alarcon turned to refer to the city attorney. Bill Linkous
states that he does not want to taint the public so he will keep his answer short. Mr. Linkous said
that there was some overlap between the Ethics charges made and these documents but not all of
it. Mark Alarcon made a motion for the board to adopt a resolution to approve the appointment
of an independent investigator to investigate the allegations of misconduct by the Mayor against
said City Charter; second made by Harold Cochran; passed 4-1 with Alphonso Thomas as
opposed.

Public Comments

Kathryn Gilbert submitted an ethics complaint against Mayor Stuart stating that Mr. Stuart has
violated his oath of office by knowingly and willfully violating local and state law. Mrs. Gilbert
continues to explain her complaint listing out the alleged violations.

George Espada stated his distress as to what he sees about how the City is being managed. Mr.
Espada discusses a local newspaper headlines and references how this affects businesses that
may be interested in coming into the city. Mr. Espada then discusses the Ethics Board and their
lack of training and letting the board do its job.

A motion to adjourn was made by Alphonso Thomas; second was made by Harold Cochran;
passes 5-0.

Respectfully submitted by:
Rhonda A. Blackmon, City Clerk Lee Stuart, Mayor
