In 2012, Circuit Judge J. Scott Duncan ruled that individual Pensacola City Council members have the power to make good faith, bona fide inquiries of city staff without going through the mayor’s office.
Mayor Ashton Hayward had sent a memo telling council members that, according to the city charter, they should not communication directly with city staff.
“I request that all future communications and dealings between the individual City Council members and City employees be done through the Mayor,†Hayward wrote in the memo. “Any requests regarding operations and services and/or recommendations for improvement of municipal governmental operations by individual Council Members must be sent directly to the Mayor’s Office.â€
Read May 2012 memo.
Councilwoman Sherri Myers challenged the executive order (Ltr to Hayward re May 15 Memo to City Council) because the city charter also grants the city council the power to make inquiries:
“Section 4.02. (3) To inquire into the conduct of any municipal office, department, agency or officer and to investigate municipal affairs, and for that purpose, may subpoena witnesses, administer oaths and compel the production of books, papers, or other evidence.”
Judge Duncan ruled: “The Mayor has no authority to direct the good faith inquiries and investigations…be made solely to the Mayor’s office.” Read Duncan order.
Other communications can be handled differently, according to the judge: “The Mayor, consistent with his authority under the City Charter, has the authority to enact a policy that requires communications by individual City Council members to City employees be made solely through the Mayor’s office, unless such communications are good faith, bona fide inquiries or investigations.”
In other words, if city council members want to visit a city department and make an inquiry, the charter gives them the power to do so. The Feb. 11 council resolution is valid and reaffirms that right. The mayor’s failure to veto the resolution appears to further validate the council’s power to do so.
The council is not required to make appointments to make their inquiries. The charter does not require that inquiries be made in writing.
Neither City Administrator Eric Olson or City Attorney Lysia Bowling worked for the city in 2012 – which may explain why the City has had to visit this issue again.