Columbus v. Rudd ( 1972 )

Jordan, Justice,

dissenting. The clear mandate of the Charter is to the effect that "any obligation created by Muscogee County [or the City of Columbus] to be effective after the adoption [emphasis supplied] of this Charter shall be subject to ratification and approval of the consolidated government upon the effective date of this Charter.”

The facts are undisputed that the Charter was adopted by a vote of the people after extensive hearings and full information to the public on May 27, 1970, and that the contract here involved was entered into on August 17, 1970, almost 3 months after the Charter was adopted. At the time the contract was made, both the employer Planning Commission and the employee were on notice as to the provisions of the Charter and were bound by the same.

I agree that the contract of employment at the stated salary was binding upon the new government which took over on January 1, 1971, under provisions of the Charter providing that all full-time employees of the city and county would become employees of the consolidated government upon its inception. However, the salary increase under this contract was not effective until February 14, 1971, and thus became an obligation which under the terms of the Charter required the approval of the Council of the consolidated government. The Council voted not to ratify this obligation. In my opinion they clearly had this right and duty under the provisions of the charter as well as under the general authority of municipalities under the provisions of Code Ann. § 69-310.

I respectfully dissent. I am authorized to state that Justice Hawes concurs in this dissent.