Impeachment call for Albany mayor, two commissioners faces long odds

ALBANY — A call for the impeachment of three Albany City Commission members, one of them the mayor, would likely be a long shot as the remaining four members would have to vote to initiate the process against three fellow board members.

The city of Albany’s charter allows for an impeachment and ensuing trial by the commission, but requires a majority vote of the seven members to initiate the process.

On Tuesday, Albany State University professor James Pratt Jr. called for the impeachment of Albany Mayor Bo Dorough, Ward III Commissioner B.J. Fletcher and Ward IV Commissioner Chad Warbington.

In a letter sent to commissioners, Pratt accused the three of abuse of powers, neglect of duties and First Amendment violations. His complaint centered around discussion and a subsequent vote by the commission to retain a city ordinance that prohibits the wearing of “saggy pants” in public.

“Of central concern are violations to First Amendment rights seemingly due to racial animus and/or personal vendetta,” Pratt, who was a mayoral candidate in 2019, wrote in the letter. “This call for impeach(ment) results from the mayor’s refusal to allow Kiaira Jackson, then president of the Albany/Dougherty branch of the NAACP and Dedrick Thomas, then a resident, (to speak) on an ordinance that infringes upon civil rights and with a clear racial animus in background and application — called often the ‘sagging pants ordinance.’”

Pratt also requested an ethics investigation of Assistant City Manager Barry Brooks and Assistant City Clerk Sissy Kelly for “collusion to obstruct and cultivate a culture of obstruction as well as misrepresentation of official correspondence and communication.”

The Albany City Charter contains two sentences relating to impeachment. It allows for a majority of commissioners to “provide by ordinance” for the impeachment and trial of a member and dismissal from office upon conviction. Impeachable offences under the ordinance include malpractice in office or “any willful neglect or abuse (of) the powers and duties of the same.”

“Any impeachment case can only move forward by a majority vote of the commission,” City Attorney Nathan Davis said during a telephone interview on Wednesday. “By majority vote, they can establish an ordinance like that. It wouldn’t work like a recall under state law.”

The state’s recall provisions allow for citizen-initiated removal of an elected official, he said. Davis said he is not aware of any previous instances in which the impeachment of a commissioner was requested.

“I’ve never had that issue raised in the 16 years I’ve been here,” he said.

Ward I Commissioner Jon Howard said he did not hear anything during a presentation by Pratt or read anything in the letter that he thinks would rise to an impeachable offense.

“No, not at all,” he said.

While Howard, whose tenure at 27 years on the commission extends beyond Davis’ time, said a previous mayor did limit some speakers’ appearances before the commission to once a month when their comments were pertaining to the same topic, he is not aware of Dorough intentionally refusing to allow a speaker to appear.

Davis will conduct an investigation into the allegations made against the two city employees, Howard said, and report his findings back to the commission. If there was a case in which an individual was not allowed to speak, Howard said, he suspects it was a matter of communication.

“The only thing I can say, the city clerk and Nathan can go back and look at the emails,” the Ward I commissioner said. “It may just have been an oversight, (from) them not checking the emails regularly.”

File PhotoAlanMauldin[email protected]
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