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Council directs staff to draft charter amendment to remove mayor's mandatory presiding language after heated debate
Summary
Councilman Johnson's motion to remove the charter's presiding-officer language passed 4–1 June 9, 2026, after a two-hour debate and a legal briefing from the town attorney. Mayor James opposed the action and said she will seek court intervention if the amendment is advanced improperly.
Councilman John Johnson asked the La Plata Town Council on June 9 to direct staff to prepare a charter amendment that would remove the specific presiding-officer language in Article 4, Section 3 (Letter F) and allow the council to select its presiding officer from among its members. "The council would then select its presiding officer," Johnson said when he introduced the request and asked staff to schedule a public hearing for Sept. 8, 2026.
Town Attorney Todd Pounds cautioned the council that the proposed change alters duties set out in the town charter and could be vulnerable to legal challenge if voters are not fully and clearly informed. "My main concern is to make sure that the public is completely informed that the former charter that they voted for during the last election is now being changed," Pounds said, arguing the public's protection is paramount and that the council should expect litigation risk.
Mayor James and several council members disagreed about the legal significance. The mayor said altering who presides is a structural change to the charter and may not be legally permissible midterm. "Reassigning this duty is a structural change, not a procedural rule," she said, adding that she had consulted other municipal attorneys and planned to seek judicial relief to block implementation if the amendment is advanced without proper safeguards.
Supporters said the amendment is meant to strengthen peer accountability and would not change the council-manager form of government or day-to-day operations. Councilman McCormick, who seconded the motion for discussion, said the proposed change would provide a mechanism for the council to select who administers meetings and increase accountability.
After discussion and several legal clarifications, the council held a roll call. The motion passed with four yes votes (Councilmen Guttenberg, McCormick, Sampson and Johnson) and one nay (Mayor James). The council instructed staff to draft the charter amendment resolution and schedule the public hearing for Sept. 8, 2026.
Mayor James closed the public debate by placing the council on formal notice that she intends to file for declaratory and injunctive relief seeking a temporary restraining order and preliminary injunction if staff advances or implements the proposed amendment without the court's direction. Town Attorney Pounds said staff will prepare draft language and follow up with council as needed.
Next steps: staff will prepare the charter amendment resolution language and public-hearing materials for council review; a public hearing is scheduled for Sept. 8, 2026, and the council may adopt the amendment before it could be the subject of a voter referendum under state law.
