Decatur, Ala. | Tuesday, June 18, 2013
Font Size: A A A A

Editorial
Anders, Kirby flout people and state law

Councilmen Roger Anders and Charles Kirby pulled off a coup Monday.

The people of their districts voted in 2010 to put in place a council/manager form of government that reduced the number of districts from five to three, reduced the elected mayor to part-time status and required appointment of a professional city manager.

Anders and Kirby voted against a plan that the referendum and state law required they implement. Councilman Billy Jackson also voted against the plan, but he at least could point to the fact his District 1 constituents overwhelmingly cast their ballots against it.

In our representative government, the people rarely have an opportunity to express their views directly. In most cases, they must cast their ballot for the candidate they believe will respect their wishes.

When the people do express their will directly, as they did in 2010, it is a big deal. Not only should their representatives defer to a referendum result, they are legally required to do so.

In 2010, there were many solid arguments against passage of the referendum. On this page, we made them. Those arguments no longer matter. The people spoke. They triggered a state law that requires the City Council to abide by the will of the people.

City Council President Gary Hammon did not like the referendum result, but he understood the obligation it placed on him. He voted Monday in favor of submitting the referendum plan to the U.S. Department of Justice for review, a federal prerequisite to the change in districts. Councilman Chuck Ard also understood he serves at the will of the people.

Anders and Kirby scorned the will of the people and trampled state law in the process.

While Mayor Don Kyle deserves credit for following through on his campaign promise to revisit the referendum mandate, he deferred to the City Council at a time when the council had no discretion.

The people demanded a change in government, and nothing in state or federal law gives the council the power to change that result. Kyle could have bypassed the council, and he should do so now. He should choose a redistricting plan and submit it to the Justice Department.

At Monday’s City Council meeting, City Attorney Herman Marks advised Kyle he could not act without council input. Marks is the lawyer who convinced the council last year that a form letter from the Justice Department requesting more information was a rejection of the referendum result.

The people of Decatur issued direct instructions. Anders and Kirby decided they knew better than the people and that they are above state law.

As representatives elected and paid by the same people they chose to ignore, the two councilmen are on perilous ground.

Not registered? Click here
E-mail this
Print this
Comments
6 comments on this item

Your tone is a little melodramatic for my taste, but overall I agree. They should allow the plan to be resubmitted for DOJ review and get a final answer.

One person one vote with majority rule is not allowed by Decatur city Council.

Unfortunately, Alabama does not have a recall law as the state legislators have never passed a recall law. The same way they have never set term limits

Wait for the court cases!

Anders looks out for Anders, getting his boy a job at our local utilities department not long after he was elected the first round. Since then he has sponsored many increases in our utility rates to fund the sewer to nowhere out Beltline. He doesn't want to hurt his chances of getting beat in an election is why he voted against this. Shame on you Anders for not listening to your constiuents. I have never voted for you and I never will. You look after your own interests and not your people's interests.

Hahahahahaha!!! KKKKKKirby got in trouble.

Not trying to defend Anders, but I must point out that most of the counsel & the mayor have members of their immediate family employed in some form of government job. Why hold Anders to a different standard?

I support city-manager form of government, but a professional manager would have no control over DU.

You must be logged in to post a comment. click here to log in.
Follow Us On Twitter 
Decatur Daily @DecaturDaily
High School Sports @DecaturPreps
Living @DecaturLiving
Seth Burkett @DD_SethBurkett
Bill Campbell @DD_BillCampbell
David Elwell @DD_DavidElwell
Deangelo McDaniel @DD_Deangelo
Eric Fleischauer @DD_Fleischauer
Briana Harris @DD_BrianaHarris
Bayne Hughes @DD_BayneHughes
Ben Montgomery @DD_BMontgomery
Cody Muzio @DD_CodyMuzio
Meredith Qualls @DailyMeredith
Mary Sell @DD_MarySell
Ronnie Thomas @DD_RonnieThomas

Alerts The Way You Want Them
Sign up for our any or all of our alert services & receive breaking local news, daily updates, sports, weather & more in your inbox or mobile device.
Mobile Devices
View our site on your smartphone or tablet devices.
Text Alerts (Subscribers Only)
Breaking news, bible quotes, weather, sports, horoscopes, stocks & more sent to your mobile devices.
Email Newsletter
Receive breaking local news, daily updates, sports, weather & more. Enter your e-mail address below.




Most Read
Most Recent
Most Commented
Events Calendar
Tuesday, Jun 18, 2013 see all events
  • Tue
  • 18
  • Wed
  • 19
  • Thu
  • 20
  • Fri
  • 21
  • Sat
  • 22
  • Sun
  • 23
  • Mon
  • 24
The Helmet Project
Carnegie Visual Arts Center
10:00 AM - 5:00 PM
The Helmet Project
Carnegie Visual Arts Center
10:00 AM - 5:00 PM
Peggy Towns Speaks at Decatur Public Library
Decatur Public Library
6:30 PM
The Helmet Project
Carnegie Visual Arts Center
10:00 AM - 5:00 PM
The Helmet Project
Carnegie Visual Arts Center
10:00 AM - 5:00 PM
The Helmet Project
Carnegie Visual Arts Center
10:00 AM - 5:00 PM
Madison City Farmers Market
Madison City Farmers Market Lot
8:00 AM - 1:00 PM
CAMP PRINCESS 2013: FOLK MUSIC
Princess Theatre
9:00 AM - 12:00 PM
Poll
Should Decatur build one, two or no new high schools?