It was a bad day Tuesday for General Counsel Chiquita Johnson.
First her bosses on the Augusta Commission rebuffed and rebuked her proposals to both put restrictions on the news media at public meetings and to change the city charter to beef up the powers of the Law Department.
Then when she asked them to go into a closed legal session with her to talk about "administrative proceedings" and "pending and potential litigation," a majority of them voted her down.
"I certainly couldn't accept any type of legal advice from her," Mayor Pro Tem Alvin Mason said afterward, "given what we'd just went through."
Commissioner Don Grantham said he didn't want to hear what she had to say either, and he believes Augusta needs a new city attorney.
"Personally, I've seen enough," he said. "I'm ready to see a change in that department. If you want the bottom line, that's it."
On a motion from Mr. Grantham, the commission voted 9-0-1, Calvin Holland abstaining, to reject a request labeled "Civil Defense Ordinance" on Tuesday's agenda, a change to both city code and the consolidation bill that was described as involving the defense of city employees in lawsuits. Ms. Johnson explained that there were inconsistencies between the charter and ordinances.
The new ordinance would have given the Law Department power to launch investigations into any city department, authority or contractor, with its investigators having "peace officer" status. The city attorney would also have power to hire any outside counsel of her choosing, without commission approval, so long as the work doesn't exceed $50,000 of "previously budgeted appropriations for the law department" or require a funds transfer.
Mr. Mason called the proposal ridiculous.
"This is absolutely too much power for any individual to have within this government," he said. "That is what's ridiculous."
Ms. Johnson also caught heat from Mr. Grantham after he asked what prompted her to propose such a thing. She said she was charged with a charter review, to which he replied that he finds it troubling that after almost two years of looking at the charter, this is her recommendation.
Commissioner Joe Jackson asked how much the proposed ordinance cost the city. The Law Department has been paying an Atlanta attorney $250 per hour to help rewrite the city's laws.
Ms. Johnson said she drafted it, and the changes she sought are considered "common business practice" in most cities.
"Augusta is the exception rather than the rule," she said.
The commission also rejected her proposed resolution that would have limited the number of news cameras in commission chambers and restricted interviews with elected officials to a "media room."
Georgia Press Association attorney David Hudson said last week that limiting only reporters' camera space would violate Georgia Open Meetings Act, and restricting interviews would be likewise illegal unless the commission wanted to ban all conversation in chambers.
The resolution cited the committee room being overcrowded, reporters' equipment creating "actual and potential dangers to the Commissioners and the public" and electronic devices disrupting meetings.
Mr. Grantham made a motion to deny immediately after the agenda item was read, seconded by Joe Bowles.
Mr. Mason told Ms. Johnson that he had stated in the past that the committee room was too cramped, but he questioned how she parlayed that into restricting reporters. Staff Attorney Andrew MacKenzie said the resolution could be modified, and the commission voted 10-0 to move all future meetings -- full commission meetings and committee meetings -- into the large chambers.
In the final blow, the commission voted 4-5-1 -- Mr. Mason, Mr. Grantham, Mr. Jackson, Corey Johnson and Jimmy Smith opposed and J.R. Hatney abstaining -- against going into closed session.
Ms. Johnson refused to comment after the meeting.
Mr. Mason said afterward that he has been dissatisfied with Ms. Johnson's advice lately, particularly on the X-Mart and Teresa Smith lawsuits, on which he would not elaborate. What she tried to have done Tuesday "goes beyond arrogance; it borders on incompetence," he said.
Mr. Mason said he's not looking to fire her, but rather to do some refocusing.
"I just want her to do her job," he said.
Correspondent Sylvia Cooper contributed to this article.
Also on Tuesday, the Augusta Commission:
- Voted unanimously to form a committee to determine whether the city needs a Chronic Nuisance Properties Ordinance dealing with drug dealer-enabling landlords, or if existing ordinances should be strengthened. Staff Attorney Wayne Brown and License and Inspection Director Rob Sherman both said they would recommend the latter. The committee must report back to the commission in 90 to 120 days. It will include representatives of License and Inspection, Planning and Zoning, the marshal's office, the sheriff's office, the solicitor's office, the fire department and the Law Department, and four members of the community.
- Voted unanimously to approve a no-solicitation ordinance restricting door-to-door residential sales calls. Under the code, no salespeople may approach a house with a clearly visible "no soliciting" sign, and calls can only be made between 9 a.m. and 6 p.m. Monday through Saturday. Language in the ordinance also requires salespeople to pay a $138-per-day regulatory fee. Commissioner Joe Bowles -- who proposed the rule -- said he was unaware of that stipulation. That seems excessive, he said, and it might need to be changed.
- Voted 9-0-1, with Don Grantham abstaining, to appoint a committee to look into alternative solutions to the Augusta Municipal Golf Course's money woes. City Administrator Fred Russell proposed privatization in the 2010 budget.
Comments
Commission to Banana -- "you've got to be kidding" -- best response in 15 years to insane proposals that are based on neither logic or law -- is there a head hunter available to find Augusta a real attorney -- oh yes, we had one -- but he was too competent.
I say we get her a little tin badge to wear and handcuffs to keep on her belt, but NO REAL GUN. When she goes ballistic again all she can do is start handcuffing people.
What do they expect when they hire someone named "Chiquita"? LOL. Where did she graduate from law school? I'm thinking you get what you pay for.
JustMyOpinion, I wondered what law school she went to, also, but come to find out she graduated from Emory...the highest ranked school in the state. I haven't figured that one out yet.
Riverman1, George W. Bush graduated from Yale and Harvard and look at the economy he "grew". Have you figured that one out yet? This was covered yesterday, why can't the Chronicle move on, people have half-baked ideas once and a while at all levels. We had a commissioner that wanted to flood Ellis Street. Life goes on.
Fred, national politics aside, the difference in Andy Cheek's half-baked ideas and Ms. Johnson's is that we pay her a six figure income to give us legal advice. Andy Cheek only got a few thousand and a gas allowance big enough to drive himself to SRS and back everyday.
hey joe, hoe about instructing "tax'em fred" to give ms. johnson an above average evaluation, then you can go on record again saying that ms. johnson is incompetent, have her fired, then let her sue and then you can "flip/flop" and then vote to settle with her also...you did it with teresa smith, so why not do it again.....remember "if you don't stand for something, you'll fall for anything"
Outgoing Commisioners Beard and Holland=SSSSSSSSSHHHH Hear that? (hand to ear) Hear it? (cricket noises in the background) "cricket" "cricket" "cricket". That's the sound of the number of people that's going to show up at their fare-well party!!!!!!! JA JA JA JA JA
fred1217, the idea to flood ellis street, the trolley, a baseball stadium downtown, the hotel on reynolds street, the "billy barn" and the TEE CENTER are all indicators of the backward, asinine and self-centered ideas concocted and supported by joe bowles and the rest of the commissioners, both black and white, that end up costing the citizens tens of millions of dollars, with no regard for the well-being of the county fiscal health. these "hair-brained" schemes(especailly the TEE CENTER OR THE HOTEL ON REYNOLDS ST) are nothing more than projects designed to benefit a few "very" influencial/weathy individual(s) at the expense of the citizens and the financial health of the city/cnty. the only solutions joe and the remaining commissioners can always come up with in order to balance the city budget is constant tax/user fee increases, under the guise of "economic development" and when joe and the other commissioners are asked to explain the difference between increasing taxes and economic development (due to increasing taxes or 100%government backed construction projects).
I thought that being a felon would disqualify her in the first place
How did a black female (an EO two-fer) regardless of ability get into and graduate from Emory? Where have you been?
Lifelong, as usual you are wrong again. I did not vote to fire Smith, I wasn't even a commissioner at that time.
Lifelong, as usual you are wrong again. I did not vote to fire Smith, I wasn't even a commissioner at that time.
hummmm--lifelongresident has an interesting prospective --he thinks people who are successful should be punished & those who never do anything should be rewarded --on your list of crazy ideas should be a sewer system, city water and running electricity to people's houses -- shouldn't everyone be independent and provide all their own services -- just think of the taxes saved -- and the new hotel on Reynolds Street where a private outside investor is willing to spend $25 million of his own money to build an international branded hotel -- how stupid we are to let him do that -- shouldn't visitors to Augusta bring their own tents and potties when they visit --wonder what public housing development lifelongresident resides in -- hope it wasn't the one MCG tore down
People, people! Just because her name is Chiquita should not be a negative, and she did graduate from Emory. However, she believed she could pull the wool over the commissioner's eyes. She believed they are stupid (perhaps given some past behavior) and she is better than. Way to go to the commissioners for finally growing a pair! Now that is doing your job Mr. Mason, Grantham, et al!
The Chiquita stories are the main event in entertainment for us. Bring us more, the woman is hilarious.
Ol Cheequita wanted to be like the po po, but the commish, said no, no, po, po for the banana, HO! HO!
I like how Justus makes sure to support The Chronicle by visiting and commenting everyday. The more justus comments, the more ad revenue justus makes for the newspaper. Haha.
Outgoing Commisioners Beard and Holland=SSSSSSSSSHHHH Hear that? (hand to ear) Hear it? (cricket noises in the background) "cricket" "cricket" "cricket". That's the sound of the number of people that's going to show up at their fare-well party!!!!!!! JA JA JA JA JA
Is Chiquita a Jamaican? You know, the banana boat.
Hey, quit picking on Joe because he has the guts to comment on here. The Law Department was included in the bill that merged the city and county but it was not a requirment that they get rid of the County Attorney. I have always felt that it was a plan to weaken the Commission by eliminating the one position that had the power to guide them without direct political pressure. Joe, you have been a good commissioner. I am proud to say I know you, but please, fire this turkey and hire Steve back. At the very least get rid of ALL out of town attorneys and force her to hire LOCAL talent, not her freinds in Atlanta. Our county needs a REAL attorney.
joe, i didn't say you voted to fire her...as usual you read into it want you want..WHAT I SAID WAS YOU WENT ON RECORD AS SAYING SHE WAS INCOMPETENT IN DOING HER JOB, BUT YOU THEN CAVED AND VOTED TO AUTHORIZE SETTLING HER LAWSUIT...please get it right....my point of contention it if you felt she was INCOMPETENT then regardless if you vote would not have prevented the county not settling w/ms. smith you should have done like your fellow commissioner grantham. he felt she didn't deserve anything and voted based on principle...he didn't go on record as believing she was INCOMPETENT and then turn around and vote to settle with her. he felt she didn't deserve anything AND HE STUCK TO HIS GUNS AND VOTED THAT WAY.....so please don't infer, noting in my post said you voted to fire her...you voted to settle with her for 125,000, although you WENT ON RECORD with the belief she was incompetent.....
Yesterdays vote shoots down some really bad proposals for sure. Glad to see enough agreement on the commission to do that. However, they need to go back and revisit her directive to send all public records requests through her department. Open records requests should be handled in good cheer and in expedient manner. Stonewalling is bad for citizens and government. Just be up front with it. Train department heads to handle these request routinely and with a smile. BTW, does anyone believe the city hiring internal attorneys has resulted in a more efficient and economically beneficial way of handling the city's legal needs
?
brad, although joe and myself disagree on certain things, believe it or not i do respect him for having the guts and backbone to read and reply....in my opinion that's what politics is all about, differing opinions meeting at a neutral site to as rush sometimes say 'exchanging ideas in the area of public opinion"..that's more than i can say about the remaining commissioners and most if not all school board members....
Brad Owens@11:22-Good point with getting rid of all the out of town attorneys.Yes this county does need a real attorney.I think we have many.Dont know why she was allowed to hire her friends.If she caint do the job,she needs to go.
Tots, That has been what I have wondered. Why did we get rid of an excellent firm if all we were gong to do was hire someoen who could not handle the job and let her outsource the work to other private attorneys? It sounds like we need to make the 'law department' come before the commission with any outsourcing that it needs to do.....Joe, what did Steve's firm cost us a year verses what this so-called 'law department' costs us?....lifelong, I see your point, but Joe is differnet. He is a Gen-X and knows how to use these new-fangled computers.
Hmmm.... A person goes behind her bosses' backs and hires consultants who advise her on how to usurp authority from her bosses. Sounds like the textbook definition of insubordination.
AP, good take on it. She had her neck reeled in Tuesday for sure. Not sure how it can be viewed any other way than a public verbal flogging. I guess she understands now that the commission doesn't mind Augusta being an 'exception' to the rule.
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