UPDATE!
Mayor and Council vetoed the action below.
At Monday’s, October 21, 2019 Council Meeting, five Council Members voted to pay the legal fees for CM Joshua Butler. City Attorney Brad Bowman provided a strong and compelling legal opinion against the motion for the City to provide payment of CM Butler’s legal fees. Despite this and rational opposition against the motion by other Council Members; CM Sharon Shropshire, Alexander Gothard, Karen Rene’, Myron Cook and Joshua Butler voted in favor of the motion. There are several things wrong with this vote.
- First, the motion was an improper motion. Per Robert’s Rules of Order, Improper Motions: “Motions that conflict with the corporate charter, constitution, or bylaws of a society, or with procedural rules prescribed by national, state, or local laws are out of order, and if any motion of this kind is adopted it is null and void. Likewise,motions are out of order if they conflict with a motion that has been adopted by the society and has neither rescinded, nor reconsidered and rejected after adoption.” City Attorney Bowman provided Mayor and Council with the legal opinion of the Ordinance under which an elected official could request Mayor and Council to pay for his/her legal fees based on the elected official acting in his/her official capacity. The basis for the “Butler vs Saucier Lawsuit” preceded CM Butler being elected to East Point City Council. Since, the City does not have any Ordinances or Policies that provide for the payment of legal fees for non-elected officials, the motion was improper; and the motion conflicted directly with the City’s existing Ordinance for elected officials. The Mayor should have ruled the motion to be improper from the beginning. To read a copy of the Judge’s ruling in the lawsuit, CLICK HERE: ButlerVSaucier
- The vote by Mayor and Council on the motion is null and void because CM Butler was allowed to participate in the discussion and vote. Both of his actions are violations of City Ordinances. He should have recused himself; and if he failed to do so, the Mayor should have had him removed from the Council Chambers until after the vote. Since neither event occurred and CM Butler’s vote was included in the affirmative five votes, the motion failed. Without his vote, there would have been four votes for the motion and three votes against the motion.
- The Mayor can clean up the mistakes made by vetoing the motion stating either or both of the reasons above. Whether any action is taken by the Mayor, the motion is still null and void.
CM Butler should stop trying to get the City to pay any of his legal fees in the civil lawsuit filed by CM Saucier. ALL Council Members should understand that it is not up to East Point taxpayers to pay legal fees for anyone because that someone deserves a second chance. It is the duty and responsibility of all elected officials, residents, business owners, employees and visitors to follow the laws and policies of the City of East Point without any undue influence from any or all Council Members to provide or receive personal favors.
