HB 956, Who Will Assume Accountability?
Who will assume accountability of a boardroom deal that did not incorporate citizens' voices in decision-making?
The Berkeley Lake Annexation Bill, HB 956 raises two critical issues. These relate to the process of formulating the Bill, and the outcome, of where it is now. The process illustrates a fundamental discord on how HB 956 has progressed so far, as it affects local resources, authority and voices. It failed to include local consultation; furthermore influencing the Charter of Peachtree Corners.
Nonetheless, the Bill has reached the legislature for the final passing by the House. The process reflects the making of decisions regarding annexation of 17 tracts of land, and 131 businesses from the new city of Peachtree Corners to Berkeley Lake. In addition, the process shows that negotiations were undertaken and deals made, while Peachtree Corners was simultaneously formulating a living-breathing governing document, the Charter! The decision took place behind closed doors with important and big people: mayors and representatives. The outcome shows that the State’s rights supersede local and community rights.
The irony of it all, the process and outcome ̶ Peachtree Corners’ first municipal election is still underway. This new city, after April 3 run-off election, will have a full house of elected council, and a local government in action by July 2012. As a voter, I was impressed on how each candidate that campaigned for the municipal election promised to uphold and abide by the charter. Who holds accountability now? The State passes the legislation and expects the city to be accountable? There is a discord here.
If HB 956 passes through the legislature, it signifies that the passing of the Bill will alter the Charter of Peachtree Corners, without allowing citizens’ input to the governing document. Going too far, this also implies that UPCCA may have to hold a series of citizens’ forum, to ensure the voters that the elected officials agree to abide by the amended Charter. Does Peachtree Corners really require a second round of swearing in ceremony for the councilmen/women?
A stitch in time saves nine. The most sensible course of action would be to stop the House Bill 956. In upholding the sanctity of the Charter, let the full house of municipal electors re-initiate negotiation and begin the process on annexations. Let the municipal council and the city make the decisions regarding local resources and also assume accountability of tracts of land and businesses.
Robert Byars
11:34 pm on Wednesday, March 21, 2012
This issue should be something that the both city councils should have been able to work out. This legislation could pose more trouble than good and I can foresee the potential for future attempts at land grabs being made. A threat against our Charter is a threat against all of the citizens of Peachtree Corners. Yes, there is a potential for lawsuits by the City of Berkeley Lake, but at the end of the day the original borders were approved by the justice department, HB 396 was passed in both the House and the Senate, and the referendum was approved by the citizens of Peachtree Corners. Berkeley Lake does not have a horse in this race. All of the rules were followed, all of the correct procedures taken. To alter it now is similar to being punished for success. 131 businesses and 17 tracts of land is absolutely too much for any city to lose. This bill may have passed in the House, but for the sake of the future of Peachtree Corners, it needs to fail in the Senate.
Robert Byars
Peachtree Corners
City Council Post 4 At-Large
Runoff Candidate
Steve Rausch
7:41 am on Thursday, March 22, 2012
This situation seems to indicate that there is NO level of government that isn't subject to abuse of powers! You would expect the officials closest to the voters to be much more accountable to the voters, but obviously not in this case.
We all need to remember this when we have the opportunity to vote on these folks again! It now appears the first order of business for the new city council will be not dealing with the 3 issues they are elected to handle but rather how to deal with power hungry state officials upsetting our voted upon charter. If this bill passes, which seems a certainty, will our city even be legal? The charter is obviously worthless when this passes, how do we deal with that?
Instead of elected officials helping accomplish the will of the people these folks are abusing their powers and telling us how stupid the people are and how THEY know best. Unforgivable!
Jeanne Aulbach
11:14 am on Saturday, March 24, 2012
Steve, as one of the first people to raise the red flag on this issue (you can see the open letter from Alex Wright and me here http://peachtreecorners.patch.com/blog_posts/open-letter-to-tom-rice-and-david-shafer) I disagree that this will necessarily pass. If enough people e-mail and call Sen. Shafer, Sen. Millar and Rep. Rice, they will need to pull back. Contacting Rep. Rice is important, because he can ask Sen. Shafer that the bill not move forward in the Senate.
Even if it passes the Senate, we still have the oppoprtunity to request that Gov. Deal veto this legislation. It is a bad deal for Peachtree Corners.
The problem with annexation and charters is that BOTH are controlled by the State. Legislative annexation - or de-annexation - is always a possibility. It does not void our charter, nor any other city's charter. We just need to work together to ensure this current legislation is defeated and the the new Peachtree Corners city government can work with Berkeley Lake to ensure an agreement is worked out.
If you have not already contacted your representatives, please take the time to do so now. Alex liseted their addresses on his blog http://peachtreecorners.patch.com/blog_posts/hb-956-lives-on.
Robert Byars
12:48 pm on Saturday, March 24, 2012
Here's the reality Steve, Rep. Rice has already voted in favor of this and it is very doubtful that any attempts to persuade him to speak with Sen. Shafer about voting "no" at this point is a wasted effort. My suggestion is to contact Sen. Shafer directly, by email or by phone call. In fact, here is Sen. Shafer's Facebook page is http://www.facebook.com/davidshafer and his Twitter page is https://mobile.twitter.com/#!/davidshafer. Use every method possible because Sine or Die is this Thursday, so they may try to slip it in for a vote at the last minute. Contact him and all of our local Senate represenatives, because if this passes in the Senate, it will more than likely be signed into law by Gov. Deal. We will still exist as a city, but I do see storms in the horizon. This is why on April 3rd, you have a choice to decide on who will stand up for you, the citizens of Peachtree Corners and the Charter in all future issues. Also, as the saying goes, Remember in November. One way or another, yours and all the voices of the citizen's of Peachtree Corners will be heard.
Allan Peel
12:12 pm on Thursday, March 22, 2012
If HB 596 passes then it will have caused the Peachtree Corners City Charter to have changed without a vote by the citizens who voted the charter, and hence the city, into effect. Since the charter SPECIFICALLY states that the charter cannot be changed without a referendum, the charter as a whole, and as voted to by the citizens, is no longer valid. If the charter is no longer valid, then neither is the city of Peachtree Corners. Frankly, it's as if the 'No' vote won in November. On what legal basis does anyone have to argue that Peachtree Corners is a city if HB596 ends up passing?
Allan Peel
12:24 pm on Thursday, March 22, 2012
To clarify, I meant HB956 (not HB596) in my comment above.
eric smithson
6:40 pm on Friday, March 23, 2012
Was Norcross the big bad enemy used to scare people into voting yes.
eric smithson
6:41 pm on Friday, March 23, 2012
I thought Norcross was going to get all of our properties. That's why I voted yes.
Bob Martell
7:14 pm on Friday, March 23, 2012
Eric, remember who told you that next time they (all) are up for re-election.