Mayor sues after Tarrant City Council votes to hire city manager
The mayor of Tarrant filed a lawsuit today in an attempt to block the new city manager from taking office.
After a tumultuous period in the city, council members — over the mayor’s objection — voted Monday night to hire John C. Brown as city manager.
“We’re not going to litigate this in the court of public opinion,” Mayor Wayman Newton told AL.com Tuesday afternoon. “We’re going to litigate this in a court of law and we feel confident that we’re going to prevail.”
The lawsuit is the latest in a series of legal battles to play out in the small city of about 6,000 residents just northeast of Birmingham in Jefferson County. Just last week, a judge found a city councilman not guilty of assault for punching the mayor. A year ago, the mayor was found not guilty of harassment and assault of the councilman and former police chief.
When the city council voted to hire Brown on Monday night, Newton was the lone dissent. He argued that the council did not have the authority to change the city’s form of government, citing an attorney general opinion from 1999.
“That was an opinion, correct?” replied Councilwoman and Mayor Pro-Tem Tracie Threadford. “That’s his opinion. We’re not changing the form of government. We, as the council, are authorized by law to hire a city manager. We’re not taking your duties away.”
The council dismissed the mayor’s protest and voted unanimously to hire Brown.
In the lawsuit, Newton, an attorney, is representing Deanna Ceasor, one of his supporters who lives in the city.
Newton’s lawsuit accuses the council of failing to follow the state’s Manager-Council Act of 1982, which sets provisions for changing a city’s form of government. Newton argues that changing the city’s form of government requires a petition signed by at least 10 percent of the residents, followed by a referendum vote.
Monday’s vote follows the council’s action in May to create a city manager position to handle the city’s daily activities. Brown will have “all lawful and statutory authority,” according to the ordinance approved by council members. Four people were interviewed for the position, according to the lawsuit.
Councilman Tommy Bryant said he was voting “emphatically yes” to hire Brown. Bryant was found not guilty last week of assaulting the mayor in 2022. Jefferson County District Judge Katrina Ross ruled that the mayor used “fighting words” when he made sexually degrading remarks about Bryant’s wife in the parking lot of Tarrant City Hall after a council meeting Nov. 7, 2022. The case was the latest in a series of court actions regarding the mayor, council members, and city officials.
Threadford, in a news release on Tuesday, praised Brown’s selection and cited his years of business and legal experience.
“His extensive background in strategic planning, community engagement, and fiscal management will be instrumental in driving positive change and promoting the growth and well-being of our community,” Threadford said. “We are excited about the future and the positive impact he will bring to our community, helping us turn the corner from the negative headlines of late and into the bright future of the New Tarrant.”
Smith, in the news release, expressed excitement about his new position.
“I am honored to be selected as the City Manager of Tarrant. I look forward to working closely with the City Council and Mayor, city staff, and residents to build upon the solid foundation already in place and to address the needs and aspirations of our community. Together, we will create a thriving city that fosters a high quality of life for all residents.”
Hiring a city manager creates a new position, but a major vacant position remains at city hall without a city clerk.