Georgia Supreme Court justices, listening to arguments Tuesday on whether Snellville’s mayor has the authority to fire the city attorney, questioned why more than 100 years of case law that say people can terminate those they appoint would not apply.
Mayor Kelly Kautz has been locked in a dispute with members of the city council over whether she has right to fire city attorney Tony Powell. Kautz, expressing concern about a lack of communication and exorbitant bills, tried to let him go. Members of council, who disagreed with the mayor, retained Wilson as the council’s attorney.
Attorney Jack Wilson, representing members of the council, argued that the city charter gives terminating powers to council, if for no other reason than because it says council is granted any authority not specifically laid out in the charter or by other law.
But justices Keith Blackwell and David Nahmias asked Wilson repeated questions about existing case law that gives people like the governor or president the right to remove any of their own appointments without going through other bodies.
“How is it different?” Nahmias asked.
Wilson answered that Kautz is not the chief executive of Snellville, but a member of the council who has a vote — unlike other leaders, who would have the authority to remove those they appointed.
He noted that no government organizations submitted amicus briefs supporting the mayor. Wilson said that proved that none was concerned the case would affect other leaders’ ability to terminate their own appointments.
Lester Tate, representing Kautz, said the law is clear: When there is no set term of office, the person who appoints has the power to remove. To give the power to another entity, like the council, would create “a stalemate, not a check and balance,” he said.
Last March, a split Court of Appeals sided with the council, 4-3, saying, “because the charter does not expressly provide that the mayor (or any other officer) has the sole authority to terminate the city attorney’s employment, that power is vested solely in the city council.”
In a dissent, though, judges said Kautz’s position has long been Georgia law.
The dispute in Snellville is the latest in a string of bureaucratic infighting in the city.
It will be several months before the court issues a ruling on the case.
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