Procedure of charter’s adoption questioned

TO THE EDITOR:

The attached report [not included here] was made available to city officials on January 28, 2010 as part of their background information in the discussion to make changes in the current 2004 City Charter. I shared some of the content of this report with you for publication in April, May and June of 2006.

At the City Council Retreat on January 29, 2010, City Attorney Barry A. Fleming presented legal facts concerning the City Council’s action taken and not taken on the changes made in the 1958 City Charter and implemented before the 2004 City Charter were procedural due processed and approved by Governor Perdue on May 17, 2004. The City Council’s violation of the “Procedural Due Process” requirements prescribed by the “The Municipal Home Rule Act of 1965” took place during the period of October 27, 2003 to February 9, 2004. Attorney Fleming’s legal finding of facts parallel my independent Citizen Audit of the City Council proceedings of September 8, 2003 to May 17, 2004.

At this time, I request that you review the content of the report and publish an update of your editorial opinion rendered on May 23, 2006, that some of my columns had “lately taken a destructive and even vindictive tone—you attack the former City Council and its actions toward updating its charter nearly three years ago”. It is my understanding that time passed in months or years does not vindicate breaking the law. My investigative reporting revealed that the elected City Council members at that time failed to follow the correct “Procedural Due Process” requirements prescribed by the “The Municipal Home Rule Act of 1965” and began to administer the affairs of the city before 2004 City Charter had been processed and approved as required by The Municipal Home Rule act of 1965. Notwithstanding, you terminated the publication of my Columns.

Please conduct your review by comparing your finding of facts at this time in the attached report with the City Attorney Fleming’s legal fact-check finding of facts he presented to the Mayor and City Council at the Council Retreat January 29, 2010.

I can provide you a DVD video recording of the entire City Council’s Retreat proceedings that includes Attorney Fleming’s succinct review of City Council’s failure to follow the legal “Procedural Due Process” and the action taken to bring the changes made in the 1958 City Charter into compliance with the “Procedural Due Process” prescribed by the “The Municipal Home Rule Act of 1965.” Please call me if you want the DVD.

The City Council did in fact conducted business of the city in violation of “procedural Due Process” requirements during the period October 27, 2003 to February 9, 2004, at which time the City Council reverted back to conducting business under the old 1958 City Charter (see City Clerk’s minutes of February 2 and 3, 2004 meetings) until HB 1681 was introduced in the State Legislature by Representative Tom McCall on March 2, 2004 and the approval by Governor Perdue under Senate Act 752 on May 17, 2004.

Your response to this request is appreciated; if you choose to do so.

ARTHUR W. DANNER

(Editor’s note: No review of The News-Reporter’s editorial content from 2006 is necessary. We stand by our opinions and our decision.)