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Published December 03, 2008 02:37 pm -

Mayor says he meant no offense
Issue stems from order he issued in case of a national emergency

By Liz McMahan
Assistant City Editor

Mayor John Tyler Hammons said he meant no offense when he recently issued an order as to who would succeed him in case of national emergency.

“I did not intend to offend anyone,” Hammons told fellow councilors at a special meeting Tuesday. “I believe we all have a responsibility to our citizens to do the best job we know how to do.”

Two councilors asked for the special meeting to have the city attorney explain the mayor’s responsibilities and powers under the city charter and state law.

The issue arose after Hammons issued an order saying who would take his position if there were a national or state emergency and both he and Vice Mayor Robert Perkins were unavailable.

Hammons said he issued the order Nov. 10, the same day he learned of the state Interim succession and Judiciary Succession Act. He did not place the item on the council’s agenda that night because it was too late. Hammons and five councilors were to board an airplane to attend a national meeting the next day.

“There was no time,” Hammons said.

Councilor Bob Luttrull said he saw no reason for Hammons to rush into his decision.

“This has gone a heck of a lot of years without this being there,” Luttrull said. “Waiting for us all to get back does not seem an outrageous amount of time to bring this back.”

Hammons answered that he was trying to do what he thought was his responsibility.

“It is my responsibility to provide for the citizens in my absence,” Hammons said.

Interim City Attorney Roy Tucker said last month he believes Hammons had the right to name his successors in case of an emergency. Tucker said his main concern was that Hammons called it an order.

“He has no authority to issue orders,” Tucker said in a November interview. “I believe that he can still, as a public officer, name an appointee but the only effect the appointee has in his absence is to be a contact person for something like martial law.”

Hammons’ order would have only become effective if a state or national emergency was declared and they were out of town, Tucker said.

Tuesday, Tucker said he does not believe the mayor’s first order was in conflict with laws. However, any member of the council has the same right as Hammons to issue a directive as to who would succeed them in a national or state emergency and they were not available.



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