UPDATE: Cohutta Town Hall addresses police firings, mayor’s authority; no official votes taken

From Local 3 News: UPDATE: Questions and tensions surrounding the recent removal and reinstatement of the Cohutta Police Department continued Tuesday night during a town hall meeting.

Neither the mayor nor the vice mayor attended the meeting, and no official votes were taken.

During the discussion, town officials said the town charter does not specify how many officers the town must employ. Officials also said the mayor does have the authority to hire and fire employees, but they argued the recent firings were not handled properly.

According to statements made during the meeting, the town council was not notified ahead of the police department firings. Officials also said the mayor is required to provide 30 days' notice before terminating employees.

Questions were also raised about the mayor’s wife, who serves as the town clerk in a full-time position and is associated with the mayor’s office.

Officials said any pay raise for town leadership would not take effect until after the next election. There was also discussion about the possibility of a new election happening before the current term ends, though no formal action was taken.

The town has faced growing controversy in recent weeks after the mayor’s decision to disband the police department was later reversed by the town council, reinstating officers under an emergency ordinance.

As of now, Mayor Ron Shinick still remains in office.


PREVIOUS STORY: Questions remain in Cohutta after the mayor’s decision to disband the town’s police department was reversed by the town council, which reinstated the officers Friday. Now, the town attorney says the mayor’s actions violated the town charter, and tensions are expected to continue at Tuesday’s council meeting.

Town Attorney Bryan Rayburn said Mayor Ron Shinick violated Sections 3.10 and 3.15 of the charter when he disbanded the department and terminated all officers last Wednesday.
“The dust has yet to settle on all this,” Rayburn said. “Your guess as to what’s going to happen in the future is as good as mine.”

According to Rayburn, Section 3.10 requires the town council to act through an ordinance to disband a department, and only after receiving a written recommendation from the mayor — something he said did not occur.

“What it specifically states is that the town council can do that through enacting an ordinance, but only after receiving the written recommendation of the mayor to act in such a manner,” Rayburn said. “And that didn’t happen.”

Rayburn also said the mayor has the authority to hire and fire employees but must follow procedures outlined in Section 3.15, including providing written notice of intent to terminate and the reasons for the action, as well as informing employees of their right to appeal to the town council.

“In speaking with the police officers in Cohutta, that didn’t occur,” Rayburn said.

Following the council’s action, the police department has been restored, and an emergency ordinance is now in place that temporarily blocks the mayor from terminating town employees for the next 30 days.

Rayburn also said he has advised both the council and the mayor to obtain independent legal counsel regarding potential conflicts involving the mayor’s status.

“Both the council and the mayor, I informed them on Wednesday afternoon that they needed to seek independent legal representation for that issue,” he said.

The town’s next council meeting is scheduled for Tuesday at 6:00pm at City Hall and will include public comment for the first time since the dispute began.
 
“There’s a couple council members who are upset,” Rayburn said. “There’s a lot of town citizens who are upset, and I think rightfully so.”

Our team will be in attendance at Tuesday’s meeting.

Town Attorney Bryan Rayburn released the following statement regarding the council and mayor receiving independent legal council:

“Yesterday, members of the Town Council and Mayor Shinnick were instructed to retain independent legal counsel in connection with the ongoing conflict in Cohutta. This decision was made to ensure that all elected officials receive impartial legal guidance as they continue to fulfill their duties to the residents of Cohutta. Independent legal counsel will assist in reviewing the issues at hand, advising on applicable laws and procedures, and protecting the integrity of the decision-making process.  

Mayor Shinnick and the Town Council remain committed to transparency, accountability, and the responsible administration of town business.  While certain legal matters may limit public discussion at this time, town leadership may elect to address concerns through appropriate channels.

As Town Attorney, I plan to remain in my position to conduct all other business matters of the town that require legal representation.  Further, it is my understanding that town operations and public services will continue without interruption, including Municipal Court. Additional information may be released as appropriate and consistent from independent legal counsel.”