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Council members debate legality of prior organizational resolution; staff to refile as ordinance
Summary
Councilors raised legal questions about a 2019 resolution that reorganized departments, with some members saying the change was permanent in effect and should have been adopted as an ordinance; the council directed staff to reword and refile the restructuring for a future council vote.
Council members discussed whether a prior document that changed Alexander City’s organizational chart was correctly adopted and whether the changes should have been enacted by ordinance rather than resolution.
A council member noted that an organizational chart change originally discussed in 2019 appeared in meeting discussion and in budget materials but was not attached to a final resolution in the public records: “I pulled up our budget where we were told it was passed… nowhere is it mentioned in the legislation chart on here, nor is it attached on any resolution that we passed,” the councillor said. The council and staff traced several earlier actions: a resolution change in May 2019, a June 24 change moving meter readers and utility collection, and other internal restructuring that had been discussed but not always reflected in the filed resolutions or budget documents.
Kristen (staff member) and other council members explained the distinction they had relied on: whether a change was temporary or created a permanent department. One councillor argued the 2019 action “restructures the city government” and called it “a resolution of permanent nature,” noting local rules about when unanimous consent is required to pass an ordinance at the first meeting. Another councillor who reviewed legal technicalities said the 05/11/2019 action may have been procedurally defective and could be voided, adding “technically, it was not passed properly, but that’s up to you whether or not you want to void it.”
After discussion the council asked staff to prepare a single, consolidated document that includes the organizational chart, the personnel‑authorization list and corresponding budget amendments and to present the item at a future regular council meeting as an ordinance (staff said they would “get with Christian and Stephanie” and put the reworded item on the next council meeting agenda for a vote). A council member advised rewording the document to make the change “ironclad” before reintroducing it for formal action.
No formal vote was taken during the work session on the refiled ordinance; the council set direction for staff to return with a consolidated ordinance and attachments at a future meeting.
