By Lee Weyhrich
Staff writer
CLAY — When Clay City Council voted in their last meeting to take the earmarks off a five-mill property tax, the vote was not done legally, according to state law.
Councilman Ricky Baker cited Alabama Code 11-45-2(b) which states “No ordinance or resolution intended to be of permanent operation shall be adopted by the council at the same meeting at which it is introduced, unless unanimous consent of those present is given for the immediate consideration of such ordinance or resolution…”. Baker also cited the League of Municipalities handbook which states that an ordinance of this nature may only be changed by means of another ordinance, and that the ordinance must be voted on as written in its entirety.
Since the earmark change was introduced during mayor and council comments as a motion, was not read as a whole, and was not voted on during unanimous consent, the change did not actually pass into law.
“It needs to be rescinded tonight, a new one needs to be written, read at the next meeting and either placed under unanimous consent at the next meeting, or read at the next meeting and voted on at the following meeting,” Baker said.
The council voted unanimously to rescind the previous motion in order to straighten out the error.
Councilman Bo Johnson stated his goal in attempting to remove the earmarks was to keep the money from being untouchable in the event a police force or school system was not feasible. He still hoped much of that funding would go to improving schools and public safety.
At least one Clay resident expressed his wish that the earmarks stay in place.
“I’m here to register my position in regard to your recent action which removed the schools and police force as earmarks that were attached to the recently passed 5-mill ad valorem property tax,” resident Rick Barlock said. “The 5-mill increase was sold to the public with the promise that the money generated by it would be used for improving both the city’s schools and its police force. To renege on that promise without public input is to betray the public’s trust.”
Baker also laid out the basic plans and expenses for a possible Clay police force. With the combined property tax added to what the council already spends on contract deputies, Baker believes there should be more than enough money to support the police force, and even more if the council chose to only buy one new police vehicle a year to replace the old patrol cars in current use rather than buy all the vehicles at once.
He also believes the proposed police force can use an existing structure such as at Cosby Lake or City Hall.
The court system would likely pay for itself but, according to Baker, some area court systems actually put money back into the city.
Baker presented his proposal to the council to be voted on at a later date. A public meeting will be held September 21 at 5:30 p.m. to discuss the force. Baker has lined up a municipal judge to speak at that date.
The next council meeting will be September 8 at 6:30 p.m.