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Augusta Commissioners Richard Colclough (from left) Bill Kuhlke, Willie Mays and Tommy Boyles discuss the city ordinance governing public protests during a meeting by the board.
ANDREW DAVIS TUCKER/STAFF |
The way the Augusta Commission cast its votes on a public-protest ordinance Monday afternoon left some political observers scratching their heads.
"Nobody had a clue after the vote was taken whether the ordinance changed or stayed the same," said Richard Leonard, who has been involved in several election campaigns and was in the audience at Monday's commission meeting.
"It was a very confusing process," he said. "Maybe that's how they wanted it."
Monday marked the second time in less than a month that the commission considered making changes to the city's public protest and demonstration laws, and the second time it failed to pass any changes.
The difference during this week's meeting was that while the mayor and commission each seemed to jockey for their own agenda, observers - from Augusta and from several national news organizations - were left wondering what had happened.
"The reporter sitting next to me didn't understand," Mr. Leonard said.
Commissioners who support amending the ordinance say not revising the outdated law is setting the government up for a costly lawsuit.
Those who oppose the change are largely critical of its timing, saying that the amendments appear to be designed specifically for this year's Masters Tournament, where Martha Burk of the National Council of Women's Organizations and the Rev. Jesse Jackson's Rainbow/PUSH Coalition have threatened to protest Augusta National Golf Club's all-male membership.
The commissioners are divided evenly on the protest ordinance: Five are for amending it; five are against. They also are split down racial lines, with the black commissioners opposing any changes and the white commissioners supporting the changes proposed by the city's attorney.
Although Mayor Bob Young, who is white, could vote to break the commission's tie, he was prevented from doing so Monday, in part because of the actions of commissioners.
The way city law is written, the mayor is authorized to break a tie vote, which Mr. Young has said he is prepared to do in favor of an amended law.
He also is authorized to make a tie, which allows him to vote but still does not create the six votes needed for a motion to pass.
But if even one commissioner abstains from voting, which Commissioner Marion Williams has said he will do, a tie, and thus the mayor's vote, is avoided.
"Since the inauguration, the mayor has been very conciliatory with the commission, and it would be nice if the commissioners would reciprocate," Mr. Young said Tuesday of being denied the opportunity to break a tie.
So unless at least one member of the 10-man commission changes his mind in the coming weeks, a new ordinance cannot pass.
Here's how it's supposed to work:
For any motion to pass or fail before the 10-member commission, six members must vote one way or the other - otherwise, the motion dies from a lack of support.
Here's what happened Monday:
Two separate motions went before the commission and failed from a lack of support.
Commissioner Andy Cheek, who is white, left midway through the meeting, saying he had to attend to a family matter.
With Mr. Cheek gone, there were four commissioners in favor of protest-law amendments and five commissioners against.
The first motion the commission considered was proposed by Tommy Boyles and directed the mayor, the sheriff and the commission's public safety chairman - Mr. Williams - to meet with protest leaders and reach an agreement on a location for demonstrations. Mr. Boyles said it seemed like a "common-sense solution," though he has favored amending the law.
A substitute motion was then proposed by Commissioner Bill Kuhlke simply to amend city protest laws and require that demonstrators obtain a protest permit 20 days in advance. The amended law also would provide for an appeal process and judicial review of a permit denial.
Commissioner Bobby Hankerson, who is opposed to changing the law because he says it appears to limit free speech, offered up another suggestion, saying the city already prohibits protests on Riverwalk Augusta and should add Washington Road as a restricted location.
No more than two motions are allowed on the floor at one time, so Mr. Hankerson was not permitted to add his idea for consideration.
Then it was time to vote.
The motion to amend the ordinance was voted on first and failed by a 5-5 vote. With Mr. Cheek absent, the four present white commissioners voted in favor, the five black commissioners voted against and the mayor voted to create a tie.
The motion failed from a lack of support, absent a sixth vote.
Then they voted on the motion made by Mr. Boyles to talk with Ms. Burk and the Rev. Jackson, which also failed from a lack of support. Several of the commissioners' votes changed, however.
Mr. Boyles voted in favor of his own motion. Mr. Hankerson opposed a compromise talk, saying he would rather have seen his idea considered.
Mr. Williams - who has vehemently opposed amending the ordinance - abstained, he said, to prevent the mayor from voting again. Because the vote was 5-3-1, the mayor didn't get to cast another vote.
Still confused?
Don't be. After all that, the end result mirrored the commission's decision two weeks ago: Because no motion received six votes, the existing ordinance will stay in place.
Ralph Walker, professor emeritus of political science at Augusta State University, said the confusion is proof of a gaping loophole in the city's governing structure.
"This just reinforces the need to change the charter so that a majority of a quorum can pass ordinances," Mr. Walker said. "If we're going to have any efficiency and progress, the No. 1 thing we need to change in the charter is that an ordinance can be passed by a majority of a quorum. That's the way most organizations operate."
Reach Heidi Coryell Williams at (706) 823-3215 or heidi.williams@augustachronicle.com.
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