Lula mayor wants more power, responsibility. This is what other city leaders think about it

Dec. 29—It has been said in a multitude of ways by residents and elected officials that Lula Mayor Joe Thomas wants to be a "full-time" mayor — a council-sanctioned title he says would come with an annual salary and a more direct role into day-to-day affairs at City Hall.

Lula has been marred by allegations of misconduct in recent months after two consecutive investigations — one into the city's code enforcement officer in July and another into a complaint of sexual harassment in October — costing the city more than $10,000 in six months.

Talk of a redefined role for Thomas that first appeared in the 45-page investigation conducted by retired GBI agent Michael Rundles again resurfaced at a regular meeting Nov. 21. During public comments, two residents questioned Thomas about whether he sought a full-time job at City Hall, with at least one of them accusing the mayor of trying to oust City Manager Dennis Bergin.

Thomas called that accusation a "rumor going around town" and stated the dual-role would entail the duties of an assistant city manager position for $67,000 annually, which he says is "in the budget."

"I think Lula needs a full-time mayor, personally," Thomas said. "It's a (public relations) thing. It's also a separation of duties — Dennis (Bergin) has too many duties to keep up with...it's in the budget, and Dennis (Bergin) needs help, one way or the other."

'A full-time job for free'

After listing a number of income sources he receives including a pension, retirement and social security, Thomas told The Times he would resign from his job with the U.S. Postal Service to become a "full-time mayor" with the city — though not without pay.

"I'm not going to do a full-time job for free," Thomas said. "I'm only making $10,000, now, as part-time mayor. I want to devote time to it. I can't do it. I don't have time...I can't get the training I want to get. I can't do a lot of things that need to be done."

Thomas, who was accused of trying to "micromanage" affairs at City Hall in the first investigation, reemphasized the notion that he doesn't have the time needed to fulfill the duties of mayor.

"I want to serve the public a lot better than I'm doing," Thomas said. "I'm not doing a good job as mayor. I'm getting it done. I'm not doing a good job to my satisfaction."

Duties of the assistant city manager position include providing assistance and support to the city manager, overseeing the analysis and implementation of policies and procedures, and managing intergovernmental relations of legislative and staffing issues.

According to requirements specified in the job listing, applicants without three to four years of experience in government management should have a bachelor's degree in city, regional or urban planning, or a degree in a related field from an accredited college or university. A master's degree in planning or a similar field is preferred, the listing states.

Thomas, who doesn't have past experience in government, said he attended Georgia Tech but never earned a degree. He operated a commercial printing press producing U.S. postage stamps, direct mail and scratch-off lottery tickets for 28 years. He's worked as a mail carrier for the U.S. Postal Service for almost nine years.

Legal precedent in the state

Similar moves to expand a mayor's role in a city have been rebuked in past rulings by the Georgia Supreme Court. Georgia's Handbook for Mayors calls the concept of elected members of government holding a second position as appointed officials problematic for a number of reasons, stating, "Holding incompatible or inconsistent offices is another potential situation that can give rise to an ethical violation — (a) municipal official is ineligible to hold any other municipal office at the same time he or she serves as a member of the municipal governing body."

In the 1963 case of Welsch v. Wilson, the Georgia Supreme Court "disapproved" of such an arrangement, stating "a city official can run afoul of principles of ethical conduct if his or her employment comes into conflict with duties as a public officer." In that case, the court ruled that "the mayor could not be both master and servant at the same time."

"(In Welsch v. Wilson), the mayor, a member of the governing body, was charged with overseeing the performance of the city manager," the handbook states. "Thus, the mayor was placed in a position of judging his own performance...which is not in the public interest...this prohibition against incompatible offices, or holding incompatible employment, may be a significant problem in very small municipalities."

Lula's City Attorney Joey Homans stated that he agreed with the ruling in principle, though he said the city's current charter, which delegates extensive executive powers to the mayor, outweighs prior legal precedent.

"All it really breaks down to is the exercising of executive powers," Homans said. "Under the Lula charter...that's granted to the mayor. Then it authorizes the mayor to delegate those duties. It still has that language of the mayor being the chief executive."

According to Lula's charter, the creation of a dual role for Thomas requires approval by city council, which would define the position and decide whether he'd receive additional compensation or paid a salary.

"Under the Lula charter, the council must be involved with any department head," Homans said. "That has to involve the council. If any of those duties are going to be changed, then the council has to be involved in that process."

Council consensus

Councilman Garnett Smith, elected in 2015, agreed that Lula is in need of an assistant city manager, but he doesn't believe Thomas is the ideal candidate for that job.

"I'm definitely not in favor of full-time mayor," he said, adding he doesn't believe Thomas is qualified to work for the city in that capacity. "Dennis (Bergin) needs help, but he's not the man for the job."

That sentiment was seconded by Councilman Tony Cornett, who stated that he wouldn't vote to delegate those duties to Thomas.

"I do not believe that a city of our size needs to have a full-time mayor position," Cornett said. "I also do not condone a mayor additionally taking an assistant manager position and serving as mayor at the same time. I do not think that's wise, and I don't think it would serve the citizens of Lula very well."

Councilman Chip Horst also said he's opposed to the proposal, stating, "The mayor should not be who we're looking for to do that job...it doesn't make a lot of sense to have the mayor of a city to do those jobs."

The subject of a full-time mayor in Lula has been a source of contention and controversy since it was first discussed, according to the 45-page investigative report released in September.

In the report, Councilwoman Denise Shockley tells Rundles that she believes she was reported to code enforcement by Thomas and his wife Patti for her objection to the mayor seeking a full-time role, which she said was discussed by council members at a called budget meeting over the summer.

Thomas told Rundles there was no political motive when questioned about accusations he photographed the councilwoman's property.

"(Shockley) stated she felt like the pictures (of her home) were taken because of her opposition to the full-time position," the report stated. "(Shockley) stated she told them they were not going to intimidate her into agreeing with them about the position."

The report also suggested Shockley was offered a position with the city if she stepped down from council, leading to speculation that the proposition was intended to circumvent majority-opposition on council and give Thomas the votes needed to establish his "full-time" status, according to Rundles' investigation.

"Bergin advised (Rundles) Shockley had been offered a position...if she would step down from her council position," the report states. "He said it was because she wouldn't vote in favor of the mayor becoming a full-time position."

Shockley has maintained that she was never offered a job with the city in any official capacity.

Statements in the report imply that Councilman Gene Bramlett, who could not be reached for comment, would be in support of the proposed full-time position.

"(Shockley) stated Bramlett was in favor (of the position) and he was the one pushing for it," the report states.

It's unclear whether an item entailing a new role for Thomas, who's still in his first term as mayor, will go before council next year. Thomas acknowledged to The Times that it seems unlikely he'll get the votes needed to grant him those additional duties.

"I don't think I'm going to get it," he said.

Now you know

The Times has reviewed investigative reports into Lula leadership, attended City Council meetings and interviewed city leaders and residents to better understand the mayor's goals and division in the northeast Hall city. Government accountability is a critical part of local news coverage. News tips are always welcome at news@gainesvilletimes.com.