Georgetown’s finance director, Jessica Miller, remains on administrative leave with pay but now questions have popped up about the method that was used to place her on that status.

Mayor Pro Tempore Rudolph Bradley and Councilman Brendon Barber both say they do not agree with Mayor Jack Scoville’s decision because, according to a city ordinance, such and action requires the approval of council.

Bradley and Barber cite City Ordinance Sec. 2-85 which states  the city administrator “shall be responsible to the mayor for the proper administration of the policies and affairs of the city, and to that end shall have the power and authority and be required to: Suspend or dismiss department heads with approval of mayor and council.”

Bradley said he feels the mayor “should obey the ordinance” but Scoville says state law grants him the authority to take such action because Georgetown has a mayor-council form of government.

Scoville feels, Bradley said, that state law supersedes the local ordinance.

“That is something we are trying to get cleared up. We want a legal opinion on that but I don’t want it from the Attorney General because he will be biased towards the state,” Bradley said.

Bradley said he feels Miller should be allowed to return to work until the legal questions are answered and it is known if Scoville had the authority to place her on leave.

“But the question is, would she want to come back?” Bradley asked.

He added mayors who served before Scoville followed the city ordinance.

“Why is he different,” Bradley asked. “I am not supporting the mayor on this decision at all. It was done without my consent.”

Barber echoed those comments.

“I had nothing to do with it. I say we uphold the policy,” Barber said. “It wasn’t done properly. It was not handled in a professional or proper manner.”

Scoville responds

Scoville said the city ordinance does not apply in the Miller situation as it currently stands because she has not been suspended.

“Administrative leave with pay is not suspension,” he said.

He also said “there is nothing that requires the mayor to get any approvals before taking action regarding management of employees.”

The ordinance being cited, he said, spells out the duties of the city administrator, not the mayor’s duties.

“A council cannot by ordinance change the form of government of the city.  Any ordinances that would have that effect, such as limiting the power of the mayor granted by statute would be invalid,” he said.

Scoville said he checked on the legality of his decision before it was made.

“We have carefully researched this issue and have gotten the opinions of the city attorney, city labor attorney, and municipal association that supports my position,” he said.

By Scott Harper

sharper@gtowntimes.com