FAIRHOPE, Ala. — Despite Mayor Tim Kant’s declaration last Monday that he would not follow the City Council’s instructions to post a city administrator job notice, the position announcement was found thumbtacked to a city bulletin board late this week.

“I stated my case pretty strongly that I wasn’t going to do it,” Kant said Thursday. “But they went ahead and voted anyway (to have it posted). I told (Human Resources Administrator) Rhonda (White) that since the council wants it posted, to go ahead and post it. I told her that since the council wants it up, they can take full responsibility for anything that’s incorrect, and they’ll have to deal with whatever’s posted.”

The job announcement lists the “pay range or starting salary” at $89,500 to $110,000, with a 3:30 p.m. July 3 application deadline. Only city employees are eligible to apply at this time, according to the announcement.

“The reason why we posted it in-house first was because we think there are several candidates in-house who are overqualified,” Council President Debbie Quinn said Friday. “They have more than enough experience and education for the job, and we’d like to see who in the city might like it. It would be more of a promotion and not a new hire is what we would like to see.”

The creation of the city administrator job followed an earlier misstep by the council, when it almost passed an ordinance creating a “city manager” position, a completely different job found only in cities which don’t have mayors. Realizing its error, the council withdrew that proposed ordinance and eventually passed the one creating the current city administrator job.

The council also created a job description for the city administrator job by ordinance earlier this year and on May 26 passed a motion to have the job first advertised only to city employees before opening it up to the public at large, if a suitable applicant could not be found.

But Quinn said Kant refused to post the job announcement. That refusal led to a similar motion at the June 8 meeting to have the job posted, which passed by the same 4-1 majority as two weeks earlier, with Councilman Mike Ford again casting the lone dissenting vote.

Immediately after the motion passed, Kant said emphatically, “I will not be posting any jobs until we need the help. I am in charge of the staff, and I will not be posting it. You can’t direct an employee to do anything.”

The “date of announcement” is stated as June 8 on the copy found at the Public Works Facility building Thursday, but a handwritten note states on the line for the mayor’s signature, “per Mayor’s e-mail on 6/11/09.” Quinn said the job announcement was not actually posted on city bulletin boards until Wednesday or Thursday of this week.

When the council passed the ordinance creating the city administrator, it did so in an ordinance that gave itself the appointing authority for that job and a number of other senior-level city jobs. But the ordinance also states that “the council will seek the mayor’s recommendation in exercising the city council’s appointing authority for these positions.”

That section of the ordinance is different from the one that gave the council the authority to appoint the police chief and a few other positions, in that the mayor does not have any role in selecting those jobs.

Kant said he is not sure what role he will be playing in the selection of the city administrator.

“Manager slots have always been interviewed by the mayor, who makes the hiring (decision), but now (the council) wants to be involved in the hiring and firing,” Kant said. “I thought anything other than the (other type of) appointed positions that I would do all the interviewing and then make a recommendation to the council, and they would say yes or no, or go back and try again. I don’t know how they plan to do it now. I’m just as confused like a lot of other people in town. But we will work through it.”

Quinn said the council has not spoken as a body about the procedure but her view is that the HR department would present to the council the applications of the candidates who meet the basic criteria.

“We will take those (applications),” Quinn said. “I figure it will be (Councilman) Lonnie (Mixon) and me. We will sit down, look at them and possibly do interviews and then come up with two candidates, so then the council and mayor can all discuss them. I know that I will be talking with the mayor about whatever candidates put their name in. I’m not sure how many are going to apply, so it may end up not being a big job.”

At Thursday’s meeting on ethics and open government law at the Fairhope Civic Center, Kant said that he planned to make a statement about the city administrator issue at Monday’s council meeting.

During recent council meetings, Ford — the longest serving council member and longtime ally of Kant — has questioned the need for the job, as well as the motives behind some council members in creating the job.

“It seems weird to me that we go nationwide for a police chief and inside the city for an unelected ‘mayor’ — a (city) administrator,” Ford said Friday, referring to the six-month-long search for a new police chief culminating in today’s public interviews by the council with the six finalists from five states. “(It’s another) action to discredit our mayor and reduce his status and effectiveness. Just because you have the authority or power to change things does not mean you have to.”

Relevant law:

Section 11-43-81, Ala. Code

*The mayor shall be the chief executive officer, and shall have general supervision and control of all other officers and the affairs of the city or town, except as otherwise provided in this title. He shall have the power to appoint all officers whose appointment is not otherwise provided by law.

Section 2-1(a), City Code

*Pursuant to the authority granted to the city council under the laws of the State of Alabama, it is hereby established that the city council shall be the appointing authority for the following employment positions within the City of Fairhope: assistant city clerk; administrative assistant; general superintendent; administrative superintendent; planning director; city engineer; purchasing director; senior services director; public works director; human resource director; personnel director; maintenance director; building official; recreation/youth director; revenue director; finance director; audit director; manager of business accounts; golf director; the superintendents of all utility departments, not limited to gas, water, sewer, electricity. As the appointing authority, the city council shall have the authority to hire and appoint employees to fill these positions and may establish the term of employment and prescribe the employment duties for such employees. Unless the city council by resolution or ordinance establishes a term of employment for an employee subject to appointment by the city council under this section, such employees shall be subject to dismissal at any time in the discretion of the city council. The council will seek the mayor’s recommendation in exercising the city council’s appointing authority for these positions. The city council delegates to the mayor the authority to discipline and to dismiss these employees subject to the Personnel Rules, Polices and Procedures of the city. Provided, dismissal, a demotion, or a suspension without pay, shall be subject to such employees’ appeal of the mayor’s decision to the city council within ten (10) days after an employee receives written notice of the mayor’s decision. After a hearing before the city council on appeal, the city council shall make the final decision by majority vote of the elected members of the council. In its sole discretion, the city council may approve, rescind or modify the mayor’s decision.

Relevant legal commentary:

Section 25, Alabama League of Municipalities Handbook for Mayors and Councilmembers

*The municipal council may not enact an ordinance authorizing standing committees of the council to direct and supervise the work of departments assigned to their study and observation. The mayor has the exclusive authority to supervise and control the administrative personnel of the municipality.

* The council may not adopt any ordinance or resolution requiring the mayor to give written instructions and orders to employees and officers of the municipality, nor may the council require employees and department heads of the municipality to answer directly to the council for their actions and to receive their instructions, in whole or in part, directly from the council. The council may not assume direct control over the police department, the maintenance department or the building inspection department.

* The council may provide that all appointments shall be made by the council.

City Administrator job description and minimum qualification standards:

*General nature/purpose of work

Directs and manages the operations of the city; provides direction to all city functions falling under the authority of the city council; supervises all subordinate department heads and administrative staff; recommends hiring, evaluates performance, and disciplines senior management personnel and oversees this process for all city employees through subordinate managers; establishes polices and procedures for the overall city functions; oversees and participates in the resolution of inquiries and complaints from the public and other organizations; and establishes, monitors and evaluates progress towards goals and objectives of the administration. Serves as a liaison between the mayor and the City Council; attend all meetings of the City Council; briefs Council Members on City issues; responds to inquiries and provides Council Members with information on the status of City operations and projects; provides analysis as needed to assist the Council to make informed policy decisions; and provides administrative support to the Council Members as needed.

*Education, experience and training

Bachelor’s degree from an accredited university/college in business, finance, public administration, business management or related field with a minimum of five years of government management experience, or equivalent combination of education, training and experience.

*Knowledge, skills and abilities

1. Proven skills in person-to-person relationships

2. Knowledge of financial accounting methods and reports including the comprehensive annual financial report

3. Verbal skills to supervise department heads.

4. Writing skills to inform mayor and council and department heads.

5. Skill in preparation and administration of budgets.

6. Knowledge of purchasing procedures.