Fairhope election over a new form of government rescheduled for Nov. 6
Residents of the City of Fairhope, Ala. were poised to head to the polls October 2 to vote in a special election to decide whether or not they will change the city’s form of government, but now they’ll be making the decision on Nov.6, in conjunction with the state’s general election, instead. The change was made less than a week before original voting day, according to a press release from Baldwin County Probate Judge Tim Russell. Fairhope voters will now wait to decide whether or not they believe the city should switch from its long-running Mayor-Council form to a Council-Manager system. Under the Council-Manager system, a new governing body known as the “Council of the City of Fairhope,” would have the same executive powers and duties of the council, and the mayor would become a member of the council. Meaning the mayor would no longer preside over all city employees, or the council. Instead the mayor would be in charge of ceremonial events, and serve as a representative of the city. Mayor Karin Wilson said told Lagniappe Mobile she is disappointed in the change of date. “I am disappointed… citizens took the extraordinary step to go door-to-door gaining signatures, as required by law, to have a voice in the future of their city. The referendum election date was noticed and advertised and now, a few days before the election, suddenly extended to the general election,” said Wilson. “What is further concerning is how this delay came about, first in a special-called meeting by council to research the election and at the eleventh hour the city attorney, without my knowledge, contacted the probate judge. Per usual, I was the last to know.”
Transparency on the line in Fairhope
In the past Baldwin County School Board meetings have been live-streamed, as a part of a commitment to transparency. But according to The Fairhope Times, the most recent meeting was not live-streamed. According to the Baldwin County Public School System Director of Communications, Terry Wilhite, that’s because the “equipment is broken” that allows for live-streaming. Meetings instead are available to be watched on the board’s Vimeo channel once they are uploaded after meetings. But The Fairhope Times pointed out, “as of last Wednesday the most recent ones posted to the Board’s Vimeo website were from last May; but since we questioned it Thursday the more recent ones were posted as well,” leaving some to question whether or not videos will continue to be uploaded in a timely manner allowing for transparency of the meetings. Alabama Today has reached out to Mr. Wilhite for comment as to if and when the school system intends to repair the broken equipment and being live-streaming once again. This article will be updated if they choose to respond.
Will they or won’t they? Fairhope unsure if they’ll have an Oct. 2 election
Residents of the City of Fairhope, Ala. will head to the polls October 2 to vote in a special election to decide whether or not they will change the city’s form of government. Or will they? With less than two weeks to go until election day, AL.com is reporting the city is unsure if they election will even happen. There’s a looming lawsuit that may be filed in the coming days that could ask for an injunction to stop the election altogether. “There is so much confusion,” said City Councilman Jay Robinson told AL.com. The ballot box question Should a potential lawsuit not stop the election and the city proceeds with their existing plans, the question appearing on the ballot will be: Should the city switch from its long-running mayor-council form to council-manager. The change in government would allow the city to change from a Council-Mayor system to a Council-Manager system. Under the Council-Manager system, a new governing body known as the “Council of the City of Fairhope,” would have the same executive powers and duties of the council, and the mayor would become a member of the council. Meaning the mayor would no longer preside over all city employees, or the council. Instead the mayor would be in charge of ceremonial events, and serve as a representative of the city.
Judge voids apartment complex: Fairhope ‘did not adhere to its own regulations’
Opponents of Fairhope’s Fly Creek apartment complex rejoiced on Tuesday as Baldwin County Circuit Court Judge Clark Stankoski effectively stopped work on the project, deeming its approval from the Planning Commission last year void. According to the Lagniappe Mobile, Judge Stankoski stopped the building of the complex “because the city did not adhere to its own regulations when green-lighting the project.” In April of 2016, Fairhope City Council members voted to change zoning ordinances in order to add a new 240-unit luxury apartment complex off of U.S. 98., and along Fly Creek. Many residents, and environmental groups opposed the project, “I am very mad,” long-time Realtor Dot Yeager told AL.com. “Apartments are not neighborhoods. Neighborhoods are what Fairhope has always wanted. We wanted families that come here who want backyards and fences.” The Fly Creek Watershed Preservation Association, a resident’s group opposing the project brought a lawsuit against the project, claimed the project violated the city’s ordinance by using inadequate storm water management techniques. Judge Stankoski agreed, saying “it does not comply with the governing ordinance’s requirements. The requirements were fairly specific, unique and required the use of a non-point discharge system utilizing a gabion wall that ran the entire of the wetland boundary near Fly Creek,” Stankoski noted in his ruling, according to the Lagniappe Mobile. “The ordinance’s drainage plan’s purpose was ‘to help protect the adjacent Fly Creek.’” The Fly Creek, and its preservation had been one of the main concerns of the group, and other groups like it; even Alabama 1st District U.S. Rep. Bradley Byrne has weighed in on protecting the creek. Adam Milam, represented the plantiffs, and told the Lagniappe Mobile they were “very happy” with the ruling. “It’s a simple, correct ruling, and it finally it feels like [Mobile and Baldwin counties] are getting big enough where we have to look at the law and everyone has to comply,” Milam continued.
Fairhope asks AG’s office for clarification on new form of government
The city of Fairhope, Ala. has already set October 2 as the date for a special election to allow voters to decide whether or not they will change the city’s form of government. Now, the mayor and City Council members are looking to the Alabama Attorney General’s office for clarification on how the new system would play out. After a months-long battle between Fairhope Mayor Karin Wilson, and a non-profit group, Fresh Start Fairhope the group garnered enough signatures to call for a special election; allowing Fairhope citizens to vote on whether or not they want to change the city’s current form of government. The new form of government being proposed would create a new governing body known as the “Council of the City of Fairhope,” which would have the same executive powers and duties of the council, but would make the mayor a member of the council, not an executive over it. Meaning the mayor would no longer preside over all city employees, or the council. Instead the mayor would be in charge of ceremonial events, and serve as a representative of the city. The council and the mayor are now seeking an opinion from the Attorney General’s office on how the new council members would be elected if the vote passes in October. According to meeting minutes from the August 13 Fairhope City Council meeting, the council voted to ask the AG’s office: “Does the petition process contained in the Council-Manager Act of 1982…permit the adoption of the council-manager form of government by petition to consist of council members elected at large as the legislature provided for in Section 11-42A-1.1 or does the petition process only to provide, pursuant to Section 11-43A-8(a) for election of council members in single member districts?” “Clarifying this important distinction is a must,” Wilson told the Lagniappe Mobile. “Many who signed the petition, including me, believed they were signing for a new form of government with council districts. The vote should not take place until this is clearly communicated.” Spokesman for Fresh Start Fairhope, Chuck Zunk also weighed in on the issue: “Our reading of the law is that the law is silent on whether the City Council should make a determination on at-large or district representation before or after,” Zunk also told the Lagniappe Mobile. “We would prefer before. But we’re not the lawyers and we’re not the attorney general.”
Fairhope police chief Joseph Petties announces retirement, for good this time
After a 35-year career and a months long battle with Fairhope Mayor Karin Wilson, Fairhope police chief Joseph Petties announced his retirement last week; for good this time. In June, Petties attended a city council meeting declaring he was retiring – only to rescind his retirement minutes later. After receiving a standing ovation from the council Petties made a statement on why he was retiring; saying Wilson bullied him and made false accusations against him. “There are times when you don’t always see eye to eye with your supervisor,” Petties told the council, WKRG reported. “But the treatment that I’ve been subjected to as grown to the point that it can’t be ignored.” This time however, Petties named other reasons for his announcement, saying his family is battling a lot of health issues, and he did not feel comfortable taking leave. “It’s come to the point that I’m going to step down as police chief,” Petties told WABF on Thursday. “I met with a couple of councilmen and talked to the rest on the phone. I’m going to put my family first.” WABF radio host Lori DuBose asked Petties if the negative performance review and resignation request from Wilson had anything to do with his retirement, to which he replied “A lot of that played a part, but at the end of the day, I know it has been tough on my family,” The Courier reported. “Right now, the way I’m looking at it, I”m not going to make it about what was going on in the past. I’m looking at what is going on with my parents and that’s how I’m approaching this.” “Your service and your decitation; your humbleness, the way you handle yourself, this department and our citizens is beyond reproach. Thank you so much for your service,” DuBose said. Petties retirement is effective August 10.
Councilman accuses Fairhope Mayor Karin Wilson of violating state law
Fairhope City Councilman Kevin Boone has accused Mayor Karin Wilson of violating state law after she used the city’s communication system to display a blog post pushing the her version of a petition to change the city’s form of government. Boone said he submitted evidence in early July of what he thinks is a violation of Alabama state law to Baldwin County District Attorney Bob Wilters. “The paperwork has been sent in to the proper authorities to do an investigation,” Boone told WABF. “Whether or not it’s going to be done, I don’t know.” “I did this not so much as a councilman, but as Kevin Boone,” he continued, emphasizing that he did not take action on behalf of the council, but as a private citizen. When two petitions offering two different changes to Fairhope’s form of city government began circulating in June Wilson used the city’s Everbridge communication system, to display a blog post pushing her version of a petition to change the city’s form of government. According to the Fairhope municipal website, “this system enables us to provide you with critical information quickly in a variety of situations, such as severe weather, unexpected road closures, missing persons and events happening in your area.” According to Boone, and The Courier, this violates several Alabama laws including Alabama Code Title 17-17-4 which states: “Any person who attempts to use his or her official authority or position for the purpose of influencing the vote or political action of any person shall be guilty, upon conviction, of a Class C felony.” Class C felonies in Alabama carry a sentence of up to 10 years in state prison. “Section 17-17-5 goes further: “No person in the employment of the State of Alabama, a county, a city, a local school board, or any other governmental agency, whether classified or unclassified, shall use any state, county, city, local school board, or other governmental agency funds, property, or time, for any political activities.” “According to the subsection, political activities include: “a. Making contributions to or contracting with any entity which engages in any form of political communication, including communications which mention the name of a political candidate. “b. Engaging in or paying for public opinion polling. “c. Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate. “d. Engaging in or paying for any type of political advertising in any medium. “e. Phone calling for any political purpose. “f. Distributing political literature of any type. “g. Providing any type of in-kind help or support to or for a political candidate.” “17-17-5 goes on to state that “It shall also be unlawful for any officer or employee to coerce or attempt to coerce any subordinate employee to work in any capacity in any political campaign or cause. Wilson responded to The Courier‘s reports, saying “Supporting a referendum for a vote by a legislative body or by voters is NOT considered a ‘political activity.’ Regardless, there were no public funds used nor the improper use of public property.” She then attached a “2003 Alabama Attorney General’s Opinion involving whether public school systems and colleges could expend public funds to advocate on behalf of ballot initiatives and a 2015 circuit court ruling involving the Baldwin County Board of Education’s advocacy for the Build Baldwin Now campaign,” the report continued. The Attorney General at the time, Bill Pryor, ruled that state law did not forbid the activity. No word has been reported as to whether or not the district attorney’s office will investigate. Wilson under fire Wilson has been under fire from the City Council repeatedly this year. In March, Wilson received an email from Fairhope Police Chief Joseph Petties, after a controversial hiring decision she made in February without the council, or police chief’s approval, later retracting the hire. Wilson again came under fire in May with Fairhope’s Financial Advisory Committee (FAC), after sending an e-mail to committee chairman Chuck Zunk telling him the city budget was ultimately her responsibility, and that she would let the committee know if and when she needed their input. Earlier in June, Petties announced his retirement at a city council meeting after saying Wilson bullied him and made false accusations against him. In an unanticipated turn of events, council members emphatically tore up Petties’s resignation letter, refusing to accept his resignation. They said they would look into whether or not the council could pursue efforts to pry police supervisory power from Wilson.
City of Fairhope to vote on changing form of government
A non-profit group in Fairhope, Ala. has turned in enough signatures to create a special election, allowing Fairhope citizens to vote on whether or not they want to change the city’s current form of government. Probate Judge Tim Russell is still in the process of verifying the 857 signatures Fresh Start Fairhope garnered, the group only needed 685 John Hancock’s to be granted the referendum. The special election may be held as soon as September, but cannot be held later than 90 days after the petitions are validated. “I think we’re making a great case for a council manager system. I think when we get closer to actually having an election, we’ll have more opportunity to explain the benefits of that system and our message will continue to get stronger,” Fresh Start Fairhope leader Chuck Zunk told WPMI. The new form of government they are proposing would create a new governing body known as the “Council of the City of Fairhope,” which would have the same executive powers and duties of the council, but would make the mayor a member of the council, not an executive over it. Meaning they would no longer be over all city employees, or the council. The mayor would also be in charge of ceremonial events, and serve as a representative of the city. The way the members of the council are elected would also change, “One member will be a council member elected by the voters at large. Three members will be council members elected by the voters from each of three single-member districts,” the group states. Fairhope’s mayor Karin Wilson issued her own petition supporting the Council-Manager form of government, because it “takes the day-to-day administrative role out of the political limelight which has been very detrimental to not only our City but others also still operating under the Council-Mayor form of government.” Her version of the petition failed to meet the necessary amount of signatures to be considered by the probate court. Wilson under fire Wilson has been under fire from the City Council repeatedly this year. In March, Wilson received an email from Fairhope Police Chief Joseph Petties, after a controversial hiring decision she made in February without the council, or police chief’s approval, later retracting the hire. Wilson again came under fire in May with Fairhope’s Financial Advisory Committee (FAC), after sending an e-mail to committee chairman Chuck Zunk telling him the city budget was ultimately her responsibility, and that she would let the committee know if and when she needed their input. Earlier in June, Petties announced his retirement at a city council meeting after saying Wilson bullied him and made false accusations against him. In an unanticipated turn of events, council members emphatically tore up Petties’s resignation letter, refusing to accept his resignation. They said they would look into whether or not the council could pursue efforts to pry police supervisory power from Wilson.
Fairhope mayor, citizen group at odds in effort to change city’s governing system
A battle is brewing in Fairhope, Ala. A potential change in the city’s governing system has controversial Mayor Karin Wilson and a non-profit group called Fresh Start Fairhope at odds with one another. The change in government would allow the city to change from a Council-Mayor system to a Council-Manager system if enough petitions are signed. The end date for petition acceptance is this Friday, June 29. Wilson issued a blog last week saying she supports the Council-Manager form of government because it “takes the day-to-day administrative role out of the political limelight which has been very detrimental to not only our City but others also still operating under the Council-Mayor form of government.” “This is not about taking anyone’s side (mayor or council), it is about a more professional way of doing business for our City and our employees – a better way to represent our citizens and meet their needs,” Wilson continued. “The administrative role of mayor currently is a full-time job leaving little time for planning and vision which I believe is one of the most important roles of a mayor. We have had City Administrators in the past who have helped with this role with far less population, however the position was defunded years ago.” “By changing the form of government, the City Manager would be the consistent professional through terms managed by The New Council. Our future is too important to leave this position up for debate.” But the Fresh Start Fairhope group supports a different solution; changing the city’s form of government to Council-Manager. On the groups home page, they explain that in Fairhope’s current form of government the Mayor is chief executive of the city, meaning that all city employees report to them, and they are in charge of executing all policies, procedures, and budgets established by City Council. The new form of government they are proposing would create a new governing body known as the “Council of the City of Fairhope,” which would have the same executive powers and duties of the council, but would make the mayor a member of the council, not an executive over it. Meaning they would no longer be over all city employees, or the council. The mayor would also be in charge of ceremonial events, and serve as a representative of the city. The way the members of the council are elected would also change, “One member will be a council member elected by the voters at large. Three members will be council members elected by the voters from each of three single-member districts,” the group states. Wilson under fire Wilson has been under fire from the City Council repeatedly this year. In March, Wilson received an email from Fairhope Police Chief Joseph Petties, after a controversial hiring decision she made in February without the council, or police chief’s approval, later retracting the hire. Wilson again came under fire in May with Fairhope’s Financial Advisory Committee (FAC), after sending an e-mail to committee chairman Chuck Zunk telling him the city budget was ultimately her responsibility, and that she would let the committee know if and when she needed their input. Earlier in June, Petties announced his retirement at a city council meeting after saying Wilson bullied him and made false accusations against him. In an unanticipated turn of events, council members emphatically tore up Petties’s resignation letter, refusing to accept his resignation. They said they would look into whether or not the council could pursue efforts to pry police supervisory power from Wilson.
Fairhope police chief Joseph Petties retires, then un-retires at City Council meeting
Fairhope Police Chief Joseph Petties announced his retirement at Monday’s City Council meeting, only to rescind his retirement minutes later. Petties received a standing ovation from the council and meeting attendees before his announcement. Petties followed the applaud by making a statement on why he was retiring; saying Mayor Karin Wilson bullied him and made false accusations against him. “There are times when you don’t always see eye to eye with your supervisor,” Petties told the council, WKRG reported. “But the treatment that I’ve been subjected to as grown to the point that it can’t be ignored.” According to WKRG, he became so emotional during the reading of his statement, his wife had to finish reading it for him. Then, in an unanticipated turn of events, council members emphatically tore up Petties’s resignation letter, refusing to accept his resignation. They said they would look into whether or not the council could pursue efforts to pry police supervisory power from Wilson. Wilson denied Petties allegations, saying they have a great relationship, “It’s not true, at all,” Wilson told WKRG. “Absolutely not true. The Chief is a great person. We have gotten along fine. Turning this into a political thing about me is unfortunate.” But Wilson has a history of being at odds with both Petties and other members of the City Council. In February, she announced the hiring of Tony Goubil, the city’s new police sergeant and public safety director at a council meeting without first informing the council or Petties, both of whom were shocked to receive the news as Goubil was apparently sent to investigate a complaint filed against Wilson by the Alabama Ethics Commission sent, according to The Courier. Petties then sent the mayor an e-mail expressing his apprehensions and thoughts about Goubil, and the uproar it caused within his department. Wilson later retracted the hire at the March 20 City Council meeting, saying although she believed the city did need a public safety director, and Goubil was a great choice for the position, she understood other people wanted input in the decision. One of those people, was Petties. Wilson again came under fire in May with Fairhope’s Financial Advisory Committee (FAC), after sending an e-mail to committee chairman Chuck Zunk telling him the city budget was ultimately her responsibility, and that she would let the committee know if and when she needed their input. For now, Wilson remains Fairhope’s mayor and Petties remains police chief. When asked to comment on the mayor by WKRG, Petties replied “I still work for her. So I don’t want to talk down about her.” WKRG was live on Facebook during the entire council meeting, which you can watch below:
Fairhope Mayor Karin Wilson creates another point of contention
Fairhope Mayor Karin Wilson has yet again created conflict within her city’s leadership. In late April, she sent an email to Fairhope’s Financial Advisory Committee (FAC) chairman Chuck Zunk saying the city budget was ultimately her responsibility, and that she would let the committee know if she needed there input. Now, the FAC is at a standstill, waiting for Wilson to “need” them. “As far as I can tell, the mayor has changed her position on the budget preparation, and my impression of the contents of her email is that she wants us to butt out and not be involved at all,” Zunk told the Courier. “When they finish it, she’ll distribute it to us and with six days of review, she expects us to be able to discuss it at the July meeting.” Zunk and other committee members felt the mayor was attempting to not have the FAC be involved in the process at all, and that the reasons she gave for not including them were “trivial” and “foolish.” During the May 15 city council meeting, Zunk was given an opportunity to voice his concerns. “Our interpretation of the email was that: No. 1 – it changed the relationship between the committee and city staff from collaborative and cooperative, which it had been up until that point, to adversarial; and No. 2 – it restricted our access to acquiring facts from city staff, so much as to be essentially cut off,” Zunk said. “Under those circumstances, we are unable to function as you had requested and so we suspended consideration of all of our active projects, pending discussion with city council.” “She made a comment to me … that now that she’s been through the preparation of two budgets, she’s an expert, that she doesn’t need anybody’s opinion,” Zunk told the Courier. “Well, I guess the 120-some years of experience that the four of us have doesn’t mean jack to the two years of experience that she has. That’s her attitude. It seems to me that if that’s her attitude, we’re kind of swimming upstream.” And his assumptions might be correct. During a phone conversation with Courier reporter, Cliff McCollum; wilson said she thought the council was confusing their role in the administration. “I don’t need advice there,” Wilson told him. “What I need is help communicating with the council. I’ve always made myself available and want to find ways to make this a better process.” This is not the first time Wilson has been under fire from city leadership. In March, Wilson received an email from Fairhope Police Chief Joseph Petties, after a controversial hiring decision she made in February. Wilson announced the hiring of Tony Goubil, the city’s new police sergeant and public safety director, at a council meeting on February 26, without informing the council or Petties, both of whom were shocked to receive the news, especially since, according to The Courier, the Alabama Ethics Commission sent Goubil to investigate a complaint filed against Wilson. Although the complaint was dismissed, “those who filed the claims questioned how Goubil’s investigations into those claims could be trusted in the light of his hiring by Wilson.” Wilson later retracted the hire at the March 20 City Council meeting, saying that although she believed the city did need a public safety director, and Goubil was a great choice for the position, that she understood other people wanted input in the decision.
Fairhope Mayor Karin Wilson retracts contentious police hire
Fairhope Mayor Karin Wilson announced during a March 20 City Council meeting she would be retracting the controversial hire of new police sergeant and public safety director Tony Goubil. Wilson’s hiring of Goubil in February caused an uproar from several city council members and current Fairhope Police Chief Joseph Petties. “I was inundated with phone calls that night about something that I had no knowledge of. I am not understanding how someone can be hired under my Department without my knowledge and without any input from me,” said Petties in an email to Wilson. The reason everyone was shocked and perplexed by the hire was because the Alabama Ethics Commission sent Goubil to investigate a complaint filed against Wilson, and although the complaint was dismissed, “those who filed the claims questioned how Goubil’s investigations into those claims could be trusted in the light of his hiring by Wilson.” Since then, Wilson has met with several city council members and Petties to discuss the new position, and the hiring process for it. “I believe there is a need for a public safety director, and Goubil is a great choice for this position,” Wilson told The Courier. “But, I do understand other people would like to have input and I want to hear them out and come to a mutually agreed upon decision. I am withdrawing Mr. Goubil’s name until a new organizational chart can be developed and approved with council.” “I think it’s appropriate that we stay or pause any new public safety position until a time the council and mayor have had time to collaborate on what everyone’s primary concerns are,” said councilman Jay Robinson in the same report. “It’s also imperative we discuss those concerns with our chief of police and make sure we are giving him all the resources he needs to do his job to the best of his ability. I think the way we’re handling this right now is the best way to move the city forward.”
