McMaster confirms Riley's position
2 on council had sought opinion on personnel role
Henry McMaster
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Two Charleston City Council members met Wednesday with state Attorney General Henry McMaster to clarify what rights and duties council members have to question a flurry of recent promotions and transfers in the city's Fire Department.
McMaster's unofficial view on the issue appears favorable to Mayor Joe Riley, who has insisted that council has no authority over city personnel matters.
City Council members Jimmy Gallant and James Lewis traveled to Columbia to meet with McMaster and some of his legal staff in the wake of a tense meeting Monday in which Gallant resigned his post as chairman of council's Public Safety Committee.
McMaster said they discussed how city ordinances and state statutes apply to local governments that operate under the strong-mayor form of government.
The council's Public Safety Committee has the authority to discuss and make recommendations regarding the Fire Department, but the final authority rests with the mayor, McMaster said. "They have no executive function. Those functions fall to the mayor."
Riley said Monday's committee meeting was illegal because Gallant had not followed procedure for calling the gathering. Gallant charged that Riley was attempting to stifle debate about the controversial round of personnel changes in the Fire Department.
Gallant has been critical of some nearly 50 promotions and transfers approved by Fire Chief Rusty Thomas in the waning days of his tenure. Some transferred firefighters have said they think the moves were payback for speaking publicly about safety concerns, the need for a new chief and other issues.
Gallant and other council members said Monday's ordeal demonstrated the need for legal clarification on council's role in helping rebuild the department in the wake of last year's Sofa Super Store fire.
Gallant did not return calls seeking comment Wednesday. Lewis said he could not comment on the talk with McMaster because Gallant had requested the meeting.
McMaster stressed that his office has not been asked to give a formal legal opinion on the issue, and that his office merely offered general guidance on what the local and state laws say.
City attorney Susan Herdina said McMaster's interpretation seems to validate the city's position. "It sounds consistent with what the mayor's been saying."
Reach Ron Menchaca at rmenchaca@postandcourier.com or 937-5724.
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Comments
This article has 14 comment(s)
Posted by carolinapanther on June 5, 2008 at 12:43 a.m. (Suggest removal)
Leave the Mayor alone and let him do his job! The Mayor knows how to do his job, he has been doing it for over 30 years.
Posted by carolinapanther on June 5, 2008 at 1:28 a.m. (Suggest removal)
This has gone on to long! Its time to move on and start healing, the people of charleston elected Riley as their mayor, now let him do his job without power hungry people acting jealous of Riley's position and authority. All this contention within the city council is causing the healing to be delayed. We are getting a new fire chief, isnt that what everyone wanted? Now people are crying because some fireman got transferred to another station! Give me a break, welcome to the real world. If I talked bad about my boss to the media I would be lucky if I still had a job. Quit the complaining and start moving on!
Posted by carolinapanther on June 5, 2008 at 2:10 a.m. (Suggest removal)
Truth hurts dosent it Thomas1776! Only reason you get mad is because you know im right.
Posted by BillytheKid on June 5, 2008 at 2:24 a.m. (Suggest removal)
Charleston needs a city manager. Problem can be fixed when you have a head to roll. You don't end up with a SSS problem to solve because you were working on a fire department that "looks good" as to a fire department that works good.
Posted by a_set_love on June 5, 2008 at 6:14 a.m. (Suggest removal)
And now the good citizens may understand why its imperative for the City of Charleston, city council to call for a vote on the form of government that the City of Charleston has.
Left to his own designs Mr. Riley will die in office at the age of 102. He has now created the playbook for the next dictator (OOPS, I meant Mayor) to follow in ruling the City of Charleston.
He perceives the role of city council as a group there only to "RUBBER STAMP" his decisions, as will the next dictator you elect.
Who will be guarding the taxpayers purse? Do we know everything about how taxpayers money is being spent and if the upcoming "TAX INCREASES" are really warranted.
Yes, I know we will hear shreaking up to the high rafters that Mr. Rileys way is the best and only way. In my 'umble opinion, this will mainly come from those who stand to gain or profit from Mr. Riley or someone like him having total reign over "YOUR" city.
Wake up and act, city council, before its too late.
" Never in the annals of modern history, have so few, gained so much, from so many. "
Posted by theronce on June 5, 2008 at 8:21 a.m. (Suggest removal)
Riley will not be recalled, and he will not resign. Wasn't he elected with 70%+ of the vote. This opinion that the council has no executive responsibility implies that they must have all of the legislative responsibility. Use that legislative power to leverage what you want.
Posted by PalmettoHawk on June 5, 2008 at 8:45 a.m. (Suggest removal)
In all the brouhaha follwoing the cancellation of an "illegal" meeting attempted to be held looking into the last minute transfers within the Fire Department, I have never heard just what it was that made the meeting "illegal" was it a lack of proper and duly published notice in a locally circulated publication? Please, someone illuminate me? I will be more than glad to get the city calender and remind the City legal staff of the appropriate need for faxing or emailing the P & C with the proper wording for the next upcoming meeting. Wait, isn't that the Mayor's job?
Maybe I should start running for Mayor now, taking the example of the Presidential candidates as a boilerplate.
Posted by dreyn on June 5, 2008 at 9:15 a.m. (Suggest removal)
"Leave the Mayor alone and let him do his job! The Mayor knows how to do his job, he has been doing it for over 30 years."
Carolina Panther-Nine men died. Nine men died! Riley knows how to do his job? Nine--men--died!
Posted by jameschucktown on June 5, 2008 at 9:31 a.m. (Suggest removal)
Thomas, get some sleep. Apparently you have found another friend since Thomas Ravenel is gone. You are a rude, angry person who needs help. But you are too stupid to get it.
Posted by zoomru on June 5, 2008 at 10:15 a.m. (Suggest removal)
It has been revealed that in closing tonight that the Mayor is going to do the honorable thing and offer his resignation and call for a special election. He realizes that this is having statewide ramifications and that numerous incumbents are feeling the heat from not STANDING UP publicly for the Charleston 9 and against him. Not only that .....Mr Tim Scott also is getting a lesson here and knows that all counties statewide are extremely focusing on this parade even though it is getting NO Drumbeat IN THE PRESS STATEWIDE!! Just peek a boo articles.
This will be a shockwave in South Carolina.
Posted by jameschucktown on June 5, 2008 at 10:19 a.m. (Suggest removal)
Thomas, it is so easy to get to you. That is a measure of your intelligence--or lack thereof. And I admire your maturity: "go suck your thumb"? What a high level of discourse. Just like your comments: stupid, meaningless, sleep deprived (why?), and, well, it is not worth the time to go further. You must be one very unhappy and narrow person. People like you will rot away until you burn in hell. And, oh, have a nice day.
Posted by bigwhip on June 5, 2008 at 10:48 a.m. (Suggest removal)
1776, you are an ailing person.You need help or maybe you quit taking your meds.
Posted by zoomru on June 5, 2008 at 11:41 a.m. (Suggest removal)
Does he confirm CEIPS and DAVIS' positions??
http://www2.beaufortgazette.com
/story/20760#comment-53080
Posted by Charles_Town on June 5, 2008 at 12:01 p.m. (Suggest removal)
If you people really want him out of office, look into it. There is probably a provision somewhere for impeaching a mayor from office, instead of calling for him to resign (we can see he wants authority without responsibility) which he will not likely do, find a legal means to remove him from office instead of whining at the top of your lungs.