By Kristal Dixon

kdixon@cherokeetribune.com

The Nelson City Council has stripped the town's mayor of some of his powers following a feud over personnel issues.

The council at a called meeting on Monday night unanimously voted to change the city's charter and code of ordinances to restrict Mayor David Leister.

E-mails obtained by the Cherokee Tribune through an open records request show the growing tension at Nelson City Hall that led to the vote.

Leister, who didn't attend the meeting, stands by his opposition to the changes.

"I believe that such changes should only be made by the citizens of Nelson and approved by the General Assembly," he said in an e-mail.

The council amended its charter to remove powers granted to the mayor with regards to hiring, firing and overseeing employees. Those powers have been turned over to the council.

It also amended the code of ordinances to strike the mayor's authority to change, cancel, reschedule or move to a new location a regular meeting.

City Attorney Jeff Rusbridge at the meeting said he talked about the proposed changes with the General Assembly's deputy legislative counsel. The counsel said the council "may be overstepping (its) boundaries" with the proposed changes.

However, Rusbridge added his opinion supporting the council hasn't changed, citing a case when the Walton County Board of Commissioners stripped its chairman of his oversight of personnel matters. The Georgia Supreme Court ruled the change didn't alter the county's form of government.

"I do not believe we are overstepping our boundaries," Rusbridge said.

The changes come on the heels of Leister's decision to dismiss temporary Police Chief Heath Mitchell. Leister, who said he had the verbal support of the council, fired Mitchell last month based on his observation of the officer's performance.

Mitchell was reinstated by the council during its Aug. 2 meeting. He was hired to replace a police chief whom Leister also fired.

At the Aug. 2 meeting, Leister made a formal open records request for all e-mails, documents and memos between council members and the city staff regarding the proposed charter changes. He later withdrew his request.

"I was chastised by (interim City Manager) Brandy (Edwards) and (Councilman) Johnny Hopkins during the work session for causing Brandy too much work," he said when asked why he withdrew his request.

The Tribune, following Leister's request, asked for the same materials.

The e-mails reveal Leister sought the advice and support of other mayors in Cherokee County.

On July 30, Leister e-mailed all of the county's mayors, the mayor of Jasper, the City of Talking Rock and the Georgia Municipal Association informing them of the council's plans.

In the e-mail, Leister said his authority was being "challenged" by the council, and that the changes would eliminate "our system of checks and balances."

If his powers were stripped, he said, it could have a "domino effect for all mayors should they dare to hold higher values than their city council on any topic."

Four of the mayors - Donnie Henriques of Woodstock, Gene Hobgood of Canton, Doris Jones of Waleska and Rick Roberts of Ball Ground - told Leister they supported him and agreed the changes should have been submitted to the Cherokee state legislative delegation as local legislation.

Leister also told them Mrs. Edwards and the council said they "have the right to do things in Nelson and had me believing that objecting to this was futile."

"Again, thanks for giving me hope that the future of my city is not entirely in the hands of these people," he added. "If I can muster some citizen support also, this can be avoided."

A handful of residents attended the meeting, but no one spoke about the changes.

E-mails between Leister and Rusbridge also detail the disputes the mayor has with Mrs. Edwards and council members.

After making his open records request on Aug. 2, Leister e-mailed Rusbridge on Aug. 4, asking for advice on when to view the requested e-mails and documents.

In the e-mail, Leister said Councilwoman Penny Thacker told him during an executive session that Mrs. Edwards "did not want me in her office after hours."

Leister told Rusbridge he wanted the records placed on his desk and for his office then to be locked.

An earlier dispute between Leister and Mrs. Edwards is referred to in a May 4 e-mail.

It appears, from the e-mails, that Mrs. Edwards and Leister were working on a draft letter to offer Mitchell the position of temporary police chief.

In the e-mail, Mrs. Edwards informed Leister she was "upset with the way you yelled at me about it last night in front of a room full of people."

"I am really not sure what I have done to you, as I try to and get you everything you ask for and do my job to the best of my ability," she wrote.

The e-mails also show Leister required weekly updates from city staff about their daily activities.

For example, on July 16, Mrs. Edwards was required to provide a detailed list of tasks she completed, such as figuring mileage for city employees, fielding questions about Mitchell's termination and the future of the police department, answering phone calls, researching city insurance options and helping residents.

In an e-mail exchange between Mitchell and Leister on July 11, Mitchell said he must have "dropped the ball on the weekly e-mail updates," as he didn't know they were required of him.

Leister received an e-mail on July 16 with questions from a Pickens County reporter about the firing of Mitchell.

Leister e-mailed Rusbridge about it and said the reporter's questions looked "like another set up" and wanted advice on answering the questions.

Past Nelson Mayor James Densmore, who attended the meeting, said he "liked" the changes the council made to the mayor's powers.

He said he's also glad the situation appears to be over.

"It was the right thing to do," he said. "You don't fire people off the top of your head."