Good afternoon.

I'd like to welcome the new duly appointed and sworn in group that looked forward for us seven a good four years together.

Which is divine of the citizens ever that would benefit them.

So the first order the have a force.

Or our governance setting up our committees, the mayor of pro team, the presiding officer, and BLW Council representative.

The city clerk.

Most two are they're normal staff type positions, but they're pulled out and made they're basically under contract right now.

But each term of council has more form.

So it's kind of we're basically reinforcing that in that particular case.

And then the city attorney is purely at the will of council.

And so it comes up this year, and then it doesn't even have a term.

It's just as at the will of council.

And then appointment of the chief judge, an associate judge.

The main difference is that the judge is a judge, except the chief judges treat as if a full-time job.

The department of associate judges there ad hoc by when they work.

And the same thing for prosecuting attorney and the associate prosecuting attorneys.

There's no provision in our code to present any nominations before you other than report.

The council.

So we we wanna this part and just see how well we can work together to come up with a appointments.

Who came up with this separate list?

The ones where it says uh the current assistant prosecuting attorney.

No, those are the current, there's a separate list in here that are recommendations for counsel approval, and it moves Donna Merrill from being a prosecutor to the president.

Yeah, let me ask Kim O'Me to come down and she can speak to that.

Good morning.

Good morning.

I received a request from city clerk and HR director to send the current list, which is the the people who were active in 2025.

And I made a note to them that there were going to be changes.

I know there are going to be changes, but I don't have the current, you know, the new list yet.

So as soon as I got the new list, I sent it under second cover, separate cover, and Donna Merrill is the new list.

Those are the people who we were able to make contact with, and or they requested to be reappointed.

Okay, so we've not heard from Lance McCoy, or do we know that Lance McClay is not interested?

Lance McCoy is the judge in Emerson.

Okay and their dates conflict with our dates, so he wouldn't be able to sit.

Okay.

And then on the prosecutor list.

Um there's a new one, and then there is also Courtney Brewbaker is not on this list.

We did not receive a response from Miss Brewbaker, so we did not assume that she wanted to serve as an assistant.

And Tom Campbell is set to retire from Cobb County, I think in May.

And he would like to be appointed as an assistant so that when he retires from Cobb County, he can start helping us down here.

Okay.

And it is my understanding he won't be able to help us until he actually retires, though.

Okay.

And Rachel Plevick?

She is currently employed with Cobb County, and their district attorney will not allow them to work in both jurisdictions at one time.

Okay.

So she's not able to serve with us.

Okay.

And Tom Campbell.

Who is this?

He is currently an attorney in Cobb County as a process.

He's a prosecutor in Cobb County.

An assistant prosecutor.

Is he with state court?

He is.

He's with stack for stay for over 20 years.

Okay.

He's in the solicitor's office.

Okay.

Thank you.

Can I why are you here since you like to say we we're creative each year and you know do it?

I mean would the procedure be to set a number to have.

But also for as a reminder to all of us that if they don't work, they don't get paid.

So we're not overburdened the system uh having six as opposed to having three.

Correct.

On the prosecutor side, um they do get paid per session.

Uh $315 per session that they work.

If they don't work, then they don't get paid.

Um on the judges' side, the only additional cost that we would incur over them actually serving on a session is training.

And so we have two judges, associate judges that we pay for their training in full, and um then Miss Merrill would be a third associate that we would pay for training, but we have always had at least three associate judges budgeted for training uh cost, and that training is mandated by the state, so we have to do it every year.

Um we do have two judges, associate judges right now who tend to do all their training online, which cuts our cost tremendously, and the only thing that we have to pay for is the registration fee, and the registration fee varies from 350 to 400 a year.

Do we still have a judge that does arraignments at the jail?

Yes, sir.

That's Judge Taylor.

She does our weekend and holiday arraignments, and she fills in as needed on a weekday, but um typically we don't use her for weekday fill-ins, that's Judge Bloom.

So she's on here as possibly to be so I have a question.

Yes, sir.

So is there an order that you call them in that they're the uh assistants, prosecutors and judges there is um right now for the judges.

If Judge Burke is unable to be in court, then we call Judge Bloom first.

And if she's unable, then we call Judge Taylor.

And we typically reserve Judge Taylor as a secondary backup because she does do all of our weekends and holidays all year.

Um so we try to reserve her as you know as a secondary on the uh prosecutor side.

Uh Mr.

Hood, Ronald Hood is the primary person that we call for the prosecutor, and then we tend to call Mr.

Snappmeyer next, and then after that we just go down the list however they're listed.

Okay.

And usually one or two days notice.

I mean that's why you gotta have so many.

Correct.

Um a lot of the time when Mr.

Smith can't work as our main prosecutor, it's because he's been called into court short notice, you know, like for a trial situation, or they have become ill, and we don't have a whole lot of notice, um, which is one of the reasons we have quite a few listed, because if we call Mr.

Hood and he can't serve on uh 24 to 48 hour notice, then we need to be able to bounce to someone else on the list and and keep going until we can find somebody to help us.

Yes, sir.

So um Courtney Brubaker is no longer on the list.

She is not um on the reappointment list for this session for this term.

Thank you.

So maybe I have a question.

But that would not preclude us from her.

Yeah.

That was my question.

We've not heard from her, or she said that she expressly does not desire to be reappointed.

No.

She is not.

Yeah, this is input.

It's vague when it comes to the court, but we did not receive a response from her.

Right.

So it's either a no or a yes.

It's just no response.

Correct.

I don't know what her response would have been because we just didn't receive a response.

And there's any number of reasons.

I mean, maybe she was just busy and couldn't get back to us.

So I don't know what the answer would have been.

Well, I will say that I have spoken with her and she does want to serve.

Okay.

And we've and we've had her serve with us a couple of times, and she's I mean, she's been perfectly fine.

We have no complaints, so if she does want to serve, we add her to the list now, or we add her to the list later.

How does that work?

Just know that she does want to serve, and whenever we make the motion, the motion can include her or not include her, depending on who makes the motion.

Yeah, and if I'm Mr.

Mary May.

With regards to reading the charter, I think we can we can make these appointments.

It has to be sometime in the January time frame, whether it's organizational or city council meeting, but after that's only every two years after that point, so we'd kind of have to make the appointments now for these next two years.

With it either now or next month or next Wednesday.

Well, I'm perfectly comfortable making the appointment subject to her reading.

Every one of them won't be official to these I swear I'm in.

Or her and anybody else that was qualified for this.

The worst thing we do is be shorthanded.

Yes.

If we only had three prosecutors and a lot of times we appoint people and they're good lawyers and they're busy somewhere else.

I mean, with 315 per session, that's basically half a day, that's basically $80 an hour.

I would say not.

It's a job of service as well as and we have had times when we have had to call four or five deep into the list to find someone who's available because they do all have regular, you know, daytime jobs, and so they may not be able to rearrange their schedule at the last minute, they may be in a trial.

So we do need to have some depth in that prosecutor list, assistant prosecutor list, especially.

The judges, associate judges that we have.

Um Judge Taylor and Judge Bloom are pretty much retired, and they can come whenever.

Um Miss Merrill is still working, so she would probably be a little more on the, you know, depending on what my schedule is.

But uh Judge Taylor and Judge Bloom have been very good about being able to respond quickly because they don't have a regular practice anymore, they're not employed anywhere.

So it's a little easier to be a little shorter on the associate judges list than on the prosecutor.

If I might.

Don't we still have Judge Rosen?

No, ma'am.

He has to come off a couple of years ago.

And just looking at the names, we got we removed two names off the uh assistant prosecuting attorneys, and then added one.

So is that still is six okay, or do we need to get up to the seventh at some point?

Six or seven is where we try to keep it, so six would probably be okay.

Okay.

So what of the six did I see four here and three over here or something?

Uh I've got on my thing with Tonya Hines, Robert Donovan, since you said you heard from Robert Donovan afterward.

Yes, sir.

Robert Schottenheimer, Ronald Hood, Courtney Brewbaker, and Tom Campbell is kind of what's been put forward or currently done that don't haven't said no.

That's that's at least in the names I've heard as of right now.

And those are the names that I also have as of eight o'clock this morning.

So there are a couple questions.

Because there are a couple questions.

You know, I I know it in this case that we I mean you can't compel somebody to take a vote.

You can say it has to be done, but I think if the worst happens, we have any questions that we forwarded at the council meeting on the 14th.

Except if any of these people would have to work in the next you have three court days between January the 14th.

Uh correct.

We have this Wednesday and Thursday, and then we have January 14th, and then of course the 14th is the regular council meeting.

The issue that I have is that Mr.

Smith's contract expires on the 10th, which is Saturday, I believe, Saturday.

And I will not have a prosecutor to prosecute on the 14th, and is our understanding that the assistant prosecutors also expire the same day as Mr.

Smith.

If we're if we're reading that and understanding the rules correctly.

So the 14th may be a problem.

If an appointment is not made today, then I would ask that you consider doing a contract extension to at least get us to the 15th of January, or through the 15th of January, because that would allow us to get that next week in before we have to change, you know, into a new term.

I'm getting out of my league, but that that would discourage a contract.

To me, that would be de novo.

I am not an attorney, and therefore I have to leave that up to you, guys.

But the legislative intent was you you can't mess with the judge once appointed.

So I again I am not a question.

I'm really talking about the ones.

Let's just say Ms.

Bruebaker, she probably won't work the next three times, right?

Um as an assistant as an assistant.

No, sir.

We're not anticipating anybody being um working as an assistant over the next three uh days.

Court days.

I'm just saying we'd reserve the right to add any more on the 14th to still be in compliance with our charter.

Yeah.

I think I think our charter reads it allows us to do the stuff on the on at the regular city council meeting as well.

Daniel, do you agree with that?

Yes, I mean I I think I sent an analysis to a couple of y'all that had questions about it, but that I don't know that I looked specifically at the assistant prosecutor language, but um the history of these is that the both the municipal judge and the prosecutor terms were set in February 2018, 2017, I should say, uh, by uh Charter Amendment that the council passed back in February 2017, but then in May of that year, HP 577 was passed, was enacted uh once it was signed by the governor on in May of 2017, and that one actually said that's what created this organizational meeting, and it said that all the it said municipal judges and municipal prosecutors can be appointed at this organizational meeting uh instead of at the first regular meeting.

And so I I you know my my reading of that, and and at the end of that House bill it said all other re uh conflicting laws are repealed, or parts of laws are repealed.

So I think to the extent there was something that said um, you know, but uh that that said it I don't it's it it the language allowing those appointments is uh says including but not limited to.

So I think you can you're authorized to appoint all of them today, but I think you can hold them to the January meeting if you need to.

So I think you got the flexibility built in because if you read the organizational charter provision in 2.8, and I think it gives you the ability to adopt all of them, but it it because it says including but not limited to, and there's some other language, I don't I don't have it in front of me, but there was some other language that made it sound like you could do it today, or you could hold it to the 14th or first regular meeting.

Or if we need to appoint additional assistants, for example, we could also do it on the 14th as well.

Yes, that's correct.

If I heard you're right, we could do this list today and add more on the 14th.

Yeah.

Yes.

You know, it we won't vote on six people at one time, even though we might vote them.

Right.

It doesn't mean we couldn't add a seventh fourteenth.

That's correct.

That's all I was trying to confirm.

Thank you, Mr.

Mayor.

But does that answer the question of who's standing up at the court on the 14th?

We still have Mr.

Smith's contract ends on the 10th.

So who is the prosecutor of the 14th?

If we don't approve this list today.

And we wait till the 14th.

We have no prosecutor.

That was my concern.

That's why I brought it up.

And I just tried to look up the code section, our muticode section, and it does not separately address the assistant prosecutors sufficiently to say that their time goes until removed or replaced.

So it doesn't say that.

So it's unclear to me at this point whether or not if this list doesn't go today, we have anybody to sit on the 14th.

That's true.

Yeah.

I think my recommendation would be to make some appointments today, and even if they're not complete.

The ones we can agree on, we should try to do because otherwise you end up with a court in two sessions.

Two sessions.

On the 14th.

Yeah.

I think the motion will address that.

You're up there.

Would that be a motion for Chief Judge?

For what judge?

Chief.

Chief.

So on the table, but we need to make that decision right now too.

So we're going to take these out of order, or do you want to take them in order?

Right now we're still for order of business, we're still back on Mayor Pro Tem.

Well, I was just Yeah, no, we're jumping around.

It's been a good warm-up.

I think we just go by the agenda right now.

Judge Bart did express his desire to be reappointed.

Make sure you don't leave.

You'll you'll be back in the well.

Thank you.

And as you can see on the mayor protein, the presiding officer and the BLW appointment, that those are to the individuals.

The committees are made up.

Each one of us, well, excuse me, each one of the council members is a chair, a vice chair, and an at-large member.

So out of these seven, you're on three committees.

And that's what I could they are the mayor's appointments, but they're subject to council approval.

If we got in a big booha.

Seven against one, that would be a good odds for the mayor.

But I think you got the mayor could reappoint me.

You got 30 days to work it out.

If you go against it, or I mean I guess that's the mayor back.

You know, there's two over the years more times than not, we've we've done all the best all the mayor's appointments at one time.

And I just like to throw that out, but that's it's a council decision, not mine.

You ready for a motion?

Yes, sir.

Sure.

I mean before we go before we go to a motion.

Just as a reminder on the uh personnel and finance.

Uh those also carry an appointment to the the chairs of those committees uh carry with it an appointment to the pension board.

Um if the chair doesn't want it, it goes to the vice chair.

And if the vice chair doesn't want it, it goes to the council at large to make a decision on that.

So the first pension board meeting is in February, so just as a heads up for those chairs, those pending appointment for those people about to get appointed to those committees.

Um just think on thinking through whether you want to serve serve on the pension board, and if you don't make sure that we have that have that ready to go for the I guess the next Wednesday, Mr.

Mayor for the Wednesday agenda for the January January meeting.

Is that a charter?

It's not a charter, it's a pension meeting.

You could tell from my my intent was to stick you and share with that job again.

I'm not on I'm I'm I forgot about we changed it to the finance because we were following you.

Yeah.

If I was going to get back on it, for example, I think under this one, the finance is Carlisle followed by vice chair is Jason.

They would have to choose they they have their own individual choices to make as to whether they want to serve on the pension board.

So that's up that is up to them for that's up to them first before it goes back to the body for the choice.

And the chair of personnel were on the committee.

It was uh it was both vice chairs.

No, this past year it was both vice chairs because I was vice chair of uh finance and chair was vice chair of personnel.

And the two chairs chose not to do it.

But before then.

Before the charter provision, before this change, it was before our time on before my time.

It wasn't a charter.

It was uh it was the pa it's a pension ordinance.

It was an ordinance provision of the pension.

So it's just one of those and uh our charter isn't forcing it.

It's something we've chosen on the ordinance side.

If we want to change that on the ordinance side, we can do that, but probably at another meeting.

Would anybody else?

But the average personnel committee is what, eight hours.

Is anybody would anybody want this first year to serve on the personnel committee?

Uh pension committee you mean?

Even though I was joking about sticking it.

I'm still willing to serve if you know if the other two other two are not.

It's up to them, though.

I'm I'm fine for you to serve.

That worked easy.

Okay.

We can get that done next week if we need to.

You guys are missing out on our fun time.

Nope.

I personally like this before we go make motions that would be a rough committee for you to start out as a judicial legislative committee.

I'll be on the Carlisle's chairman of finance.

Carl, would you want to be chairman of judicial legislative?

I'm okay.

I'm okay keeping JL.

And I can I'll just I'll keep also keep up as as a as normal on that.

We just we'll do it.

We'll we can just do another motion for the pension board.

That should solve it.

Because the the code the code provides that if the chair of finance doesn't want to do it and the vice chair of finance doesn't want to do it, the council then can make the appointment subject to the mayor's veto.

So we would just need to make a motion.

We don't have to make any changes there, but we address it.

We need to address it as a separate motion probably next week at the regular council meeting.

I remember a lot, but just the fact you and Cheryl took the job, that's all I care.

If you don't mind at my request, can you add that to the agenda work session for next week, please?

Be happy to.

My first year I appointed somebody without telling them they threatened bodily harm to federal personnel without asking them.

But thanks for bringing that up because that's it's very important.

Daniel, can we do all the mayor's appointments as one?

You yes, if well, even as long as you're sp as long as you reference the different offices in the motion, yes, you can make it in one motion.

Is it as long and as long as there are no change, you know, either there's no changes as on the agenda or as if there are changes as noted in the motion.

These separate um appointments to the pension board and what was the other personnel.

Uh they could be done in the that's how they are by default.

And if they need to be changed, so the default would be that the chair of those two committees would just automatically be plugged into pension committee, but if those two roles end up declining, then it moves down the chain and then like Joseph noted, it would come back next week and an appointment of a backup could be made.

And based on based on the discussion day, it sounds like it's to that point.

So that's the reason why I asked Bill to add that to the agenda work session next week.

Yes.

So right now we're only appointing all the way down to BLW.

Yeah, so it's items 2026 through item 2026 0046.

So taking um may I make a stab at a motion at this one?

Sure.

Um I make a motion to approve items 2026 through 2026.

Being the committee appointments of the LW council representative, the mayor pro tem and the presiding officer as presented on the agenda.

Second.

Daniel is at a sufficient motion.

Yes.

I think Daniel's made the second.

Any further discussion?

Just raise hands.

Raise hands when you're doing a second.

Until she gets everybody's hands.

Any further discussion?

All those in favor, please raise your right hand.

Motion carries and will stay up, Mr.

Ghostly.

Thank you.

Next item is appointment of city manager who's This is going to be tough, but I'd like to take a stab at the sip of water before you do that, please.

Yeah, I might need one too.

I'd like to make a motion to approve the appointment of the city manager slash Cobb County person of the year.

Yeah, I know I I've promoted him.

Mr.

William F.

Bruton Jr.

to serve as the city manager until we release him from servitude.

Second.

Any further discussion?

Yeah, but we get two for one because we get a good family with Mr.

representing our city well.

So all those in favor of a appointing William F.

Rutten Jr.

for city manager, please raise your right hand.

Motion carries.

If you can change that part about servitude to at the pleasure of counsel, either either either wording works.

I make a motion to appoint uh the city clerk to serve again.

Uh the current city clerk is Stephanie Guy.

Second.

And just one comment, especially to the new board members.

We she started out as a very raw rookie.

And just progressed to be the best, probably in the state of Georgia.

And we're very here.

Use her as a good resource, Coach.

The two million pounds of paper we put out of word each year she can find.

So all those in favor, please raise your right hand.

Motion carries.

Appointment of city attorney.

I would like to make a motion to appoint the current city attorney, Douglas R.

Haney, to serve as a city attorney at the pleasure of council.

Second.

Your discussion.

All those in favor, please raise your right hand.

All right, I'm on a roll.

I'd like to make the appointment of the current judge Lawrence E.

Burke to serve as the Chief Judge of the municipal court of Marietta.

Second.

Any further discussion?

All those in favor, please raise your right hand.

I can take a stab at the associate judges.

Is that correct?

Okay.

That is my motion.

Second.

All those in favor, please raise your right hand.

Motion carries.

Unanimously, thank you.

I would like to go off script.

I'd like to make a motion to appoint Courtney Brewbaker as the prosecuting attorney of the Marietta Municipal Court.

I will second the motion, at least for at least for a purpose of the discussion.

I have a question.

You've spoken to her and I have.

And do we what is her?

I guess background.

She's been on the court.

I don't know the exact number of years.

I don't know if Ken uh Ms.

Odom knows the exact number of years, but she has been on the court.

She has stepped in as solicitor when required.

She's been a judge.

She works in defense with several of the people who are our prosecutors do.

So she has done all facets of what is required for her.

I can't recall whether she's been an assistant prosecutor with us for two years or for four years.

I think it's two, but I'm not certain about that uh original appointment date.

So I I have a question.

If we have other nominations, have we taken them one at a time, or how does that work?

Could we not as a sub?

I would like to say this is a good way for us just to work together.

Is it to have the two or three candidates which might come up?

And then make the decision at the council meeting on the 14th.

I mean, this is important job, but for uh due diligence, I can never just fill that out.

If um may ask a question real quickly.

This is this is discussion oriented.

If we were not going to make an appointment today, then I would suggest anyone we're thinking about be also appointed as an assistant prosecute assistant prosecuting attorney at the very least today, so we have someone to be able to do court next few next few sessions.

I'm not saying not that maybe not the full, but we need at least someone to do, we need some assistant prosecuting attorneys to be able to do the court.

Or someone in that position, then we can switch if we need to switch someone up to the full, we can do that on the Wednesday, if that's the way we're going.

Does that make sense?

While you're thinking about that, Mr.

Mayor, I have a question.

Um has um attorney Benjamin Smith served for the City of Marietta.

Four years.

It's been five years.

Five years.

He just passed five years, yes.

Right.

Okay.

I think we appoint him once Robert Donovan retired, correct?

Yeah.

Thank you.

May I ask a question.

So obviously I saw this list and she wasn't on there, so I'm on a disappropriate time to ask this question, but what's causing the change from what we have had, Mr.

Smith versus Ms.

Brewbaker.

Uh I I would say that I've gotten a feedback on the of the basic, and I'll just say it plainly, being too lenient.

Uh that there have been incidents where I know I had in my ward where and and they are always extenuating circumstances where this guy had these cane corso's and they bit someone, and he was also uh running a kennel out of his out of the house he lived in, but it was his grandmother's house.

And then I I've heard over the four years from code enforcement that they feel that they um that they're writing uh citations and it's just not getting um the results that they think that they should get is getting dragged out uh extension after extension in the courts.

And that's basically what up.

I guess we're gonna do this in open session.

Can I ask some questions of the court clerk?

I hate to put on the spot.

I have requested information.

Bill knows the information I've requested, and so I've been taking a look at what's going on in the court, and I've spoken to several other attorneys who go before the court on a regular basis.

How many cases do we currently hear a session?

We have different types of sessions, so I'll break it down for each type of session that we have.

Every week we have two uh what we term plea and arraignment sessions, which are for uh oh, and we also handle two different types of cases.

We handle civil and criminal.

The plea arraignment session is for criminal cases, those are for first appearances or people who have been continued to a new court date.

They're typically traffic.

Um there are ordinance cases such as disorderly conduct, public drunks, um, trespassing, things of noise ordinances, things of that nature.

Um right now we are supposed to max out at 85 cases per session, but we actually are scheduling between 100 and 120 per session.

So that's 220 to 240 uh per week.

We have non-jury trial calendars.

Those calendars are for people who are requesting to go to trial.

Um we also use those calendars for DUIs that need to have a pretrial, which is uh pretrial is where the prosecutor and the defense attorney and or defendant can meet together, go over all the evidence that has been presented to us, body cam, dash cam, police reports, and try to uh either negotiate something or actually take it before the judge as a trial.

We max out at 15, but we realistically have anywhere from 20 to 25 on those calendars, and um we have about 40 of those sessions a year.

So about 450 uh cases a year for those.

Um we have our photo enforced sessions, which is a civil calendar, and that is for school bus photo enforced violations, red light photo enforced violations, and we also handle parking tickets on those sessions.

Um we typically average about seven or eight red light cases.

Oh I'm sorry, those are once a month.

Um we handle seven or eight red light cases, we'll handle five or six parking cases, and currently we've been handling um anywhere from seventy to a hundred school bus violations on those uh court sessions.

Uh and those are people who actually physically ask for a hearing.

Um the school bus are given a court date if they drop to a second notice.

So the parking and the red light have to have to physically ask for hearing on those dates.

School bus automatically get them.

Um we have a code enforcement calendar, we do those twice a month.

Um those are strictly for code enforcement business license.

If the building department or public works or fire department have a violation of uh fire code or building code, then we'll add those cases onto a code enforcement calendar.

Um we have those set at 15 cases per session, but we typically go over that.

So between 15 and 20 per session.

At the end of the year, business license has some very last minute end of the year things that have to be done.

So those last two or three sessions, we can really go over our numbers because they're according to the statute, the ordinance, they're on a time schedule that we have to get those cases pushed through.

But typically 15 to 20 on a code enforcement session.

So we're looking at about 25 or 30 of those cases a month.

Are our current numbers looking at 25 or 24?

I don't know if you've got the 25 numbers.

Um because I know what you sent me the other day, December wasn't completed yet.

Um are we doing the same amount generally that we've done in past years or have we slowed down?

So it's about the same amount on code enforcement cases.

Um on the code enforcement type of cases.

Um we have more criminal cases coming through, and we have, believe it or not, more school bus photo enforced than we had.

The photo enforced red light is holding about the same.

I know they increased the fine to a thousand dollars.

We thought it would back off, but it hasn't, it's actually increased.

Parking is about the same.

Um, so those numbers generally tend to stay in the same range, but um school buses up a little bit.

Um we have more uh moving violations, traffic citations issued by the police department now that they're full staff and everybody's kind of hitting the road.

Um so we've seen a pretty big uptick in that in the last six months, but um code enforcement and it's kind of the it's pretty much kind of evened out.

Okay.

Are we completing all those that are on the calendar that come before us?

Or are we having to extend the calendar, extend the time?

So on code enforcement cases, we do have to extend those quite often.

Um the judge has made a ruling that they get each side gets one continuance kind of as a as a freebie.

Um after that, they have to go before the judge and defend their reason for a continuance before he'll authorize a continuance.

Or beyond that, you know, one per side.

If all parties are in agreement that there needs to be another continuance, then he will grant those additional continuances.

Um traffic violations, we give everybody the first continuance as a freebie.

Um after that, it depends on what's going on with the case and what type of case it is, because if it's a serious case, they have to come to court and they have to request that continuance in the courtroom.

It's not something that the clerks can give at the counter.

Um parking violations don't get continuances because they're not issued a court date up front.

They have an appeal date.

Those are rarely ever continued.

And uh photo enforced red light are almost never continued because of the same reason.

They have to physically ask for an appeal, and then on their appeal date, they come and handle it.

School bus violations have to ask for an appeal or they're given a court date, but they are not routinely continued unless they have been negotiated out and they have to do community service, or they have to go to driving school, they need more time to pay their fine, then the judge will give them what we call a two-complete sentence date, which is a continuance two or three months down the road, they have to have everything completed.

If it's not completed by then, they have to come back to court and they don't get another extension after that.

Okay.

It's a one and done on the school bus photo enforced.

All right.

So let me just rephrase it.

I don't think that you um are the numbers of cases heard before the court more or less than they were in previous years.

Do you have a specific type of case that you're let's start with case?

Overall is yes, they're increased.

They're increased.

So we are hearing more, not just scheduling more.

Correct.

Okay.

Code enforcement.

Those numbers are pretty much flat.

Okay.

Um personal appearance or first appearance, please and appearances.

First appearances are up.

Okay.

Is that weekend time or weekend weekday, or just hard to know?

So, okay, so I'm sorry, I must not.

First appearances you have to do within 48 hours.

So are they up on weekends where they're heard by you're talking about arrest first appearances?

I'm sorry.

Arrest first appearances, I don't track.

Okay.

Just knowing each week how the numbers are, they seem to be steady.

Okay.

If they're up or down, it's not going to be by much.

Those are the ones that like Judge Taylor would do on the weekends, Judge Burke would come in and do jail arraignments on a Tuesday or a Friday.

It seems to be pretty steady on that side.

Okay.

Thank you.

I have a question.

So are continuance given because it's not enough time.

I mean, you uh have more cases than the prosecutor or judge are able to hear in a session?

No, sir.

The continuances um like for traffic citations, the majority of first continuances that are done are because people are not prepared.

They are just now coming into court, they're just now finding out what their fine or their penalty is going to be, and they decide they need a continuance to try to talk to an attorney.

Okay.

I have a question.

Regarding the code enforcement, uh, you said was this a Judge Burke policy about that each side gets a freebie continuance?

That's code enforcement?

Yes, sir.

And was that when was that policy implemented by Judge Burke?

That was enacted um in the last two to three years.

Okay.

Can you provide any more context on is that a practice that is that other municipalities in the Metro Atlanta region are using, or if that's just a personal preference by Judge Burke, or do you have any more context about that?

So the context I can give you is that we were receiving complaints from code enforcement that um their cases were being continued too often, um, too many times.

So in an effort to try to monitor those and make sure that they stay on track, that the continuances aren't you know too far out, too many.

Uh Judge Burke wants to review those cases, and that's why he now makes those people defend why they're asking for more time.

He asked them, so I'll take one case I can remember in particular was uh person who needed to paint their house, but they hadn't done it.

And um it was because the gentleman was almost 90 years old, he couldn't climb a ladder, he couldn't physically do it, and he had no family here to assist.

So each side received their one continuance to give him more time to comply, and then when they exceeded that on the third continuance date when he came to court, he had to explain to the judge why he was asking for more time to get his house painted because he was asking for more time over the two free continuances.

So every time he and it took more than three continuances to get him into compliance, but every time he came back, he had to explain to the judge why he hadn't completed it from the last time.

Why was he needing an additional time frame to do that?

That allows the judge to sometimes he denies their continuance.

He'll tell them they're not getting any more time, they've had plenty of time to do, or their you know, argument is not valid or not um egregious enough or severe enough to warrant more time to comply.

So it's just a manner for the judge to keep up with those cases and try to maintain a tighter offense to completion time frame.

Thank you.

Is it con does the judge consider if they are financially not able to do it and refer them to our uh Chelsea grant?

Yes, sir.

He does he does take that into consideration.

Um if that is something that's brought up as uh uh a defense or part of their argument is that they don't have the money, then he does take that into consideration, and then it should be code enforcements or the prosecutor's job at that point to refer them out to agencies that may be able to help.

Right.

Um and we do do that.

Okay.

Mr.

Mayor, can I go on record?

The person that I wanted to nominate is Ron Ron Hood.

He's uh 20-year defense attorney.

Um here in Marietta, and he served I don't know, at least two years.

I don't know how many years as a I don't know his exact appointment date, but he's been here much longer than two years.

Yes, sir.

And may I ask one just one question?

You mentioned that there have been an uptick in cases in the total number of cases that courts been able to handle as the court been able to handle that and keep up good judicial efficiency on making sure they're her um heard timely and everything there, or do we need to look at adding more sessions or something like that?

Currently we are exploring having to add more sessions because our lead time on our traffic citations.

Um right now we're issuing uh court dates at the end of May.

For citations that are written today by an officer the hearing date on their citation, their first court date is at the end of May one more question, Mr.

Mayor this um appointment is it for two years or we have we is that two or four or one could even be one I I think our charter says specifically two years.

It doesn't give us wiggle room on that.

Okay.

Yeah.

Unlike with the judge which allows us to go from I think one to four or two to four, the prosecutor is pretty clear it's just two.

Yeah.

So if I may um before the before Judge Burke instituted the one continuance per side that we had several cases that had been continued a dozen or more times.

Correct.

That's one of the reasons that we instituted or the judge instituted that policy.

So it's helped us to be more efficient in getting things heard and accomplished.

On a majority of cases yes you are always going to have those cases that you can't help because we have one right now that's had multiple continuances but he's trying to get a variance.

And so he's trying to work through the city council process of going to counsel and doing all of his applications and things of that nature.

So his case keeps getting continued because he's trying to get his variants and we've had an another case in particular where a gentleman passed away and he died without a will and so they had to go through probate during COVID.

And their case was continued for I if I'm remembering correctly about 18 months but it's because the daughters were trying to take care of the properties the best they could but they couldn't do the repairs on the property because they didn't own the property and they couldn't get through probate because they were backed up from COVID.

So it was kind of a perfect storm of problems and we had to keep putting it off because how do you hold them in contempt for something that they can't fix.

So there are going to be cases where you are going to have those issues that it's just part of court and it and that's across all different kinds of cases not just code enforcement but um those are few and far between so any continuances that are given now have to go before the judge to be defended my comment I'd like for Ben Smith to be considered but also more than that maybe suggest hearing the numbers I think we I'm a very strong proponent of what Schmirner does adding a environmental court or environmental prosecutor I mean the the case load is growing the you have a lot of personal justice issues that come up and prosecutors and people that are practicing for internal revenue service or more geared toward compliance than New York punishment.

And just and I would say for our current prosecuting attorney the goes to Daniel and to Doug Handy but our success on the pornography attorney did that against the business license and when you win a constitutional issue there's a lot of merit in your service so I I'd like to ask somebody to make a motion that we invite these three candidates to an executive session to talk about personnel issues of the Monday the 12th and interview all three of them whatever problems we brought up we don't know if the other two would be any better.

If this is a problem I have voting for Mr Smith say I want to know the other could do it.

So I'd like if we have an executive session though three and table this in essence until and have an executive session with all three then that's not a motion because I can't make one but it's a suggestion.

Mr.

Um would that cause an cause a timing issue on the executive head of agency part of it with regard to going into executive session for an interview for interview purposes I have not looked to see where the prosecuting attorney falls under that rubric?

I mean that that is that's what the interviews session interviews are restricted to that level.

Um you give me a minute to look at it and I can give you an answer today.

But but uh I think that I think it that seems that seems like that would be a department of the municipal court, and uh I I need to look at it.

And then just I know that because that also becomes a timing thing, uh timing thing as well.

I think it's like you have to it's nothing to do with the 15-day release of information and stuff like that.

Candidates and things like that.

So um do you mind checking that to make sure that we can properly do that and still get and still meet the same deadlines we're looking at?

That that's Mr.

Mayor just making sure we're protected on that end.

Yeah.

No we have it's off important because this is the only shot we got at them, but because we have the separation of duty.

I mean it's a separate body.

But our lay is purely personnel, and I'm calling for the executive session whether uh I mean you wouldn't ask the question if it was against the law, you know the answer.

Yeah.

It's a personnel issue.

I mean because what we raised here.

Yeah, it is.

We're going against their personal discretion.

And we have the right to go in executive session and uh sue me.

No, no, no, Mr.

Mayor.

If it passes.

Mr.

Mayor, it was there's this weird thing in the law about f a 15-day release of information issue, and that's that's the that's the main one I'm actually asking about.

Yeah, I don't think he was I don't think I think he was asking more about like do we have to release the candidates uh within a certain time frame, which is the title fifty says not can you do the executive session, but more like can you and that's what I'm looking at right now in West Law.

And that's my question.

Not can we go into it, it's more of a what how does it affect everything else if we when we when we do.

Prosecutor is not a chief executive officer either.

I mean that's the that's something we look for problems that don't exist.

Um one more question.

So I would have to make the motion for all three.

Uh one more question before we make the motion.

Um when we get to the system prosecutors, can the people Ms.

Brewbaker and Mr.

Hood be uh uh uh nominated and voted for assistant, even though they're being considered for the other positions.

Yeah, because right now there's no I think we should have I think we should have all three candidates on there, and whoever is whoever is initially selected, they just move as an assistant and put on to the main.

Right.

So that way we have them ready to go.

Right.

Okay.

So I make a motion that we table this issue until uh remote.

I think you hear there's a motion to point and a second.

So somebody else can have to do it.

Right.

It's gotta be withdrawn or um is there a many can I make a motion?

Uh Mayor, can you suggest that?

Mayor, can you suggest the motion?

I guess the vote.

Mayor.

Suggest should can you suggest the motion and I can probably I can make it in your place if you'd like.

But I think the motion would have to include adding two other names.

Um we're going to be talking about this at the at the agenda work session.

I make a substitute motion, or rather a motion.

Um it's a technically a motion to amend, I know the main the main motion such that it now re deletes out the language about the appointment, and instead now says refer to the agenda work session with looking um with direction to go direction to look uh interview the three candidates of Courtney of Benjamin Smith, Courtney Brewpaker, and Ronald Hood.

Mr.

Mayor, is that cover what you are looking for?

And Mr.

Attorney, is that cover yes?

That's an appropriate.

Because we had a motion on the table with a second, and we would either need an amendment or somebody would withdraw the original.

So yes, that works.

So that's my motion.

It sounds like it's been seconded you got all that now?

Yeah.

Well, I think that's a good compromise, and it's a very important position because uh we spent a lot of times on making ordinances and we want one in force.

Yeah, that's what I'm saying.

I'm sorry.

All those in favor, please raise your right hand.

Motion carries.

Anything else?

Appointment of sort.

Okay.

I'll make motion.

I can make a motion on this one.

Um make a motion to appoint the following assistant prosecuting attorneys for the city of Marriott and municipal court.

Latonia Hines, Robert Donovan, Robert Schottenheimer, Ronald Hood, Courtney Brubaker, Tom Campbell, and uh Benjamin Smith.

Make sure that we have to make sure we have people ready to go for these next few sessions.

All those in favor, please raise your hand.

Maybe you want to discuss it?

Yeah.

Discussion.

My only discussion is with Mr.

Campbell.

And we said that we can do this list and then add to it on Wednesday.

Is that correct?

Yeah.

Because I this is the first I've heard his name.

I have no idea who he is.

Um I don't really want to vote on someone just to put somebody on the list.

Uh does anybody know Mr.

Campbell?

I make a motion to make a substitute motion.

Okay.

I make a motion to approve the appointment of the assistant prosecuting attorneys.

Um the list would be Latonia Hines, Robert Shatmeyer, Ronald Hood, Robert Donovan, Courtney Brewbaker, and Benjamin Smith.

Oh second.

All those in favor of the subteet motion, please raise your right hand.

Now the substitute motion is before us.

All those in favor, please raise your right hand.

You mean the original?

Maine is amended.

Yeah.

Mayor's right.

Is Maine as amended now?

Yes, as substituted.

I I lost it there.

So we're now back onto the main.

All those in favor, please raise your right hand.

So confused.

I'm confused.

Okay.

Right now we're vote.

We had to because it's a Ms.

Mayor, may I explain?

I guess.

Technical sense of substitute.

Technical sense a substitute motion is to uh is read as a motion to amend under Robert's rules.

So what we voted on initially was an amendment.

And now we have to vote on the main as amended.

Because it had been seconded already.

If you're going to make a substitute, that goes back and amends the original.

So first you're voting to approve the amendment, and then you then that amends the original motion, and then you gotta go back and pass that one too.

Okay.

Thank you.

You have to vote for questions.

Thank you.

All those in favor, please raise your right hand.

Motion cares.

I want to point Ms.

Kimberly Odom as the clerk of the municipal court and for standing here in the well under fire.

Second.

There are second.

Second.

Second.

All those in favor, please raise your right hand.

And Bill, you get beef description of what we just did.

The municipal court clerk is pursuant to our charter.

But for right.

She's the manager of the court.

Right.

There are two different parts of the code.

One is older than the other, and the original does have a court clerk, and that's what you're doing right now.

But the probably back in the 80s, um, it was changed.

And uh the that code section stayed, but another one was added, which created the position of court administrator.

And so that's the actual title that we have in the personnel policy that she flows under is the court administrator.

So uh but she has dual title.

You heard the number of cases that come before that court, and she's got a wrangle all of that both before the court and then on disposition.

Having been a judge in that court, that's a lot of work.

Thank you for what you do.

I have an excellent theme.

I obviously cannot do it by myself.

My my clerk, my deputy clerks are humbling.

Thank you.

Thank you, thank you.

Thank you.

Now for the little bit of anutia.

Adoption of the 2026 rules and procedures.

This is basically how we conduct meetings.

Um, from schedule appearances to unscheduled appearance, and we can present it today and approve it to council meeting.

Or could we get it today or do it?

I'd like to make a motion to table this item and have it sent to JL for initial discussion.

I'm holding off on a second because that's a technically non-discussion motion.

Can I I want to raise one issue on that?

We do need to have rules and procedure in place for the January council meeting.

So do we need to if we're going to do that?

I'm okay discussing the stuff at the stuff.

What's the table for?

Table is for deciding on the new ones, so the old ones would stay in place.

And the old ones wouldn't stay in place temporarily then, or we have to vote on the the way the code reads, it actually says that if you do not uh make a decision on this that the old ones continue on for the next year.

For the next year.

Next year.

So you've got until I think it's March to make the decision.

Oh, okay.

So we have a couple months.

Yeah.

Okay.

Then I'm okay.

I'm okay with the second table.

Yeah.

So I have a question before.

So is somebody gonna go through and and tell us what the differences are?

Is that what you're gonna do in jail?

Well, yeah.

I mean the committee would.

Yeah.

Is that like a red line?

Yeah, we have a we have a red line in here already as well.

You got a red line that tells you kind of where we are.

So you don't agree with the red line?

Is that um I have a couple of questions on the red line?

Okay.

Um the red lines are just one person's okay.

We need eight of us.

Okay.

And I have some questions as well, so I think it I think committee work is appropriate for that one.

Okay.

I'm good.

We voted yet.

Uh we haven't.

I've seconded her motion.

All those in favor of table on this, please run.

Motion carries.

This is a normal just for a refresher.

This is a normal situation, but it's that bill's discretion and the people that sign his paycheck, that's an awkward position to put them in.

So we we say how much we want him to regulate our travel, so that's but that's for we're involved in a lot of opening up on the the chamber, GMA, League of City.

I mean, that's there's a lot, and you know some of us use it more than others, but it's it's a very good educational tool, and it's important to uh for us to go through these type things, but it's but but it we define what it is and then bill regulates it when you ask me reimbursed for say a travel expenses GMA.

So I have a question like for the BLW.

If you're on the board of the BLW and you go to a BLW event, does that come out of the out of this or does it come out of the does the BLW have a separate travel?

We have been doing it out of this.

Okay.

I'm just asking, I'm not proposing any changes on the I am.

Okay.

I guess I don't have context of how much things cost, how many things there are.

I know we uh so it's hard for me to really opine on this at this point, being new.

You know, I know we have new council training.

I don't know how much that cost, you know.

That's separate.

That's separate money.

Yeah.

Okay.

Yeah.

But but the opportunity to spend $8,000 is not hard.

Yeah, I know with National League of Cities, for example, many of those are out of are out of state on that one, so those are going to involve a bit more travel.

Like uh even just this past time.

Um I'm vice chair of the inf um information technology communications both last year as well as this year.

So that means I need to be going to all going to these in order to try and represent Marietta and make sure that we're our view, our views on certain things are expressed in NLC's policies.

That required me to go to Columbus, Ohio right after um uh Miag's media island trip.

So that was a flight up to Columbus, Ohio and back down, and then also going to the national being uh being the uh voting delegate for City of Marietta going to Salt Lake City for the next for their annual meeting in November and make sure that we voted on we had our voice in the annual meeting as to who our leadership and policies are for NLC.

So those two trips are there take up can take can quickly take up a chunk of money on the stuff.

If you built to a mile, what mileage rate do we use for like when we drive to Savannah?

We we use the whatever the uh IRS number is uh Okay.

So 70 some sense, I think right now.

Just some context.

And the last time we passed this, I believe was 2021.

So since 2021, let's just talk hotels.

The average daily rate, which is the ADR increased eight to ten percent in twenty-two, and then another six percent in twenty-three, and now it's a little bit more moderate.

But that is a large increase.

That's just in the hotel.

The IRS mileage rate in 21 was 56 cents a mile.

It went up to 58.5.

It is currently 70 cents a mile.

And we have not changed our travel expenses from 7,000 dollars.

I make a motion that we change it to 10,000 per council member and the mayor.

Is that a motion?

That's the motion.

I would suck at that with some discussion.

Um I guess the question for me is so we heard what Councilman Goldstein was um paying to go to the different events.

Now I'm sure everyone's not gonna go to as many of the uh events as uh Councilman Goldstein, so but I I think that for those that choose to go to more events that there should be some allowance there for them and everyone else to, you know, be able to attend these events.

So that that's kind of the reason behind me uh seconding that because um you know everything's gone up as far as expenses.

So I have a question then.

These are since we're zero balanced budget, where would these but these additional funds?

We have reserves.

Um reserves.

Well, what I would have to do, well I right now we'd have the six months that we're in this current year, uh this current year's budget.

Um we would have to uh balance it with other uh monies that we have.

Um and then uh for the new budget, we're already working on that.

So uh this number would roll into the new budget numbers that would end up with a balanced budget that will be presented to you in April.

Okay.

And also if it's not used, it just goes back into the training.

The general well, it just goes back into the general fund.

So there are gonna be people who won't go to as many things.

And and some of these I just personally pay for because it's just easier.

Um but again, $7,000 with no change over four years given as Councilman Sims just said, the literal increase in every single expense associated with this.

I just feel we need to raise the amount.

I would be fine with removing the 7,000 individual cap.

So for example, you know, Joseph is gonna attend more conferences than others.

I don't I don't think everyone is gonna hit that 7,000.

Uh I don't think so either.

But what happens if you do it as a it's kind of like um when I do trust work.

If you do it as a as a a training pot, then if you decide you want to go somewhere in November, there may be nothing left for you because a hard decision.

That's I could see that being an issue.

Yeah, I can see I could see that being an issue too.

You spend more than $10,000 last year.

I mean, do you think with all your travel expenses it was $10,000 or was it more than that?

If you're talking uh I if I if I ever hit my cap on my thing, I start and I'm still going to stuff.

I'm sending my own per I'm sending my own money at that point.

And yeah, probably it probably can get above 10,000 if you're not careful.

Um Gmain Savannah is a large one, then ADLC ones can become large.

And me and uh same with MIAG.

They all can call they all can cost a good good amount.

Yeah, I think you're probably looking at you know, near 3,000 for the uh large trips uh from middle twos to 3,000 for the MIAG trip and also for the GMA trip uh for those two.

And then uh I I'm not exactly sure how much the League of Cities uh are costing at this point, but you've got probably three or four days of hotel and flights associated with that, so it's probably similar.

And you're at $9,000 based on what you just quoted, and that's without the GMA.

Yeah, I mean if you do the um I don't have the exact numbers, obviously, but if you do the two big ones, the GMA and the MIAG trip during the summer, uh, you're probably in the six range, uh maybe a little short, but close to six.

Yeah, I would imagine just those two.

And we also have to sit.

I'm not gonna make a motion, but you make sure that in the resolution we tweak that it's the current internal revenue service for per diem, the current not have an amount, have whatever it is.

Yeah, yeah.

It takes three minutes to look up.

Yeah, our ordinate our ordinance, uh either ordinance or a charter already has that down as whatever is.

Yes, sir.

It does.

I wouldn't have missed an hour yes reference chance.

Yeah, and usually and that usually gets updated somewhere around February, March of each year.

I think Steph Stephanie usually has an update on the forms each year to uh appropriately show and reflect.

Yeah, I just as a point to make on this.

I'm probably gonna have to go back in and this year uh redo the city travel uh on that for all our employees because uh we haven't changed the mileage on that for a very long time.

Uh I think more than a decade.

Um and uh it's I think in the 40s right now per mile instead of the 70.

But um so we'll we'll be looking at that with a new budget too.

You're in a depression, we actually froze it.

Yes, sir.

We we froze it.

Including the council.

We did fro froze travel for everybody.

We did.

Yeah.

And then to the point of whether it's eight, nine, or ten per person, it is a conventions gatherings are held at very nice places.

If they have it at a bad place, nobody goes.

So it is not this council that makes it at the Marriott next to the United States Capitol.

I mean, it it is just the nature of the beast that they're expensive.

It costs money to fly.

Right.

The motion is before hard to call the question.

All those in favor, please raise your right hand.

All opposed, like sign.

Motion carries five, two.

Thank you.

The next time is executive session for the time about the nose and 10.

Yes.

And Mr.

Mayor, can I just ask on that last one?

I I I understood the motion to be to raise the cap to 10,000.

And does that include a concurrent raise of the total 56,000?

Because that that I am assuming that's included in there.

I thought the motion is raised it to 10.

Yeah, 10 percent.

The total thousand dollars.

Yeah, yeah.

And that's what I was assuming.

I just didn't hear the total being raised.

I'm sorry.

That was my failure.

That was implied.

I just wanted to make it make sure we all understood that.

All right.

But yes, we can we can talk uh in executive session about that, and I think there's another uh matter that we might discuss by the uh pending arbitration.

So what would be the reason for executive session then?

Uh potential litigation.

Potential or potential or pending.

Yeah, potential pending litigation.

Yes.

Um make a motion to go into executive session for potential for potential or pending litigation.

Second.

Do you foresee that to be part of the executive session?

Yes, sir.

We have two items that both deal with annexation issues.

And this is something that can be going to executive session on as a claim is a claim or litigation stuff.

Yeah, potential well, yes, one's pending and one's potential uh litigation.

Yes.

I mean, even though I guess we're still on arbitration stage, but I think that's covered under the open records.

Yeah.

Dispute resolution.

So per the code, like I said, it's per the code per what's allowed under that code, under the code section in the I think it's OCGA 50142 and 3.

Yes.

That's allowed.

And then the the intent with the vote would be on the on that item would need to become obviously after executive session, but it can be discussed in executive session to the extent it's related to potential litigation.

Okay.

All those in favor, please raise your right hand.

Motion carries.

We'd like to meet and hear.

Yes, sir.