KMBC says Funkhouser’s lawsuit defeats volunteer ordinance
KMBC Channel 9 reports that Vulcan Mayor Mark Funkhouser won his lawsuit challenging the volunteer ordinance. KMBC cites Funk’s lawyer, Douglas Carter, as the source, saying a judge ruled that the ordinance “was too vague and clashed with the First Amendment” and also was “specialized legislation,” meaning it singled out “Chicken-Shit with an Attitude” Gloria Squitiro.
Carter tells The Pitch that the judge’s order opens the door for Squitiro to return to City Hall.
“She would be at liberty to,” Carter says. “Now, I don’t know what’s
going to happen in that regard. But the provision of the legislation
that prevented her — unconstitutionally as the judge correctly ruled
— from helping her husband is no more.”
Near the end of Judge Justine E. Del Muro’s order, the Del Muro
outlines how the City Council could possibly revise the provision.
The City might do well to consider amending this provision
to allow the council to terminate persons regardless of who has
designated them as volunteers, under the at will doctrine, especially
where, as in this case, a volunteer disrupts the day-to-day business of
the city and/or whose conduct has resulted in litigation at the city’s
Carter says he hopes “that the controversy is over.”
“That ball is in the City Council’s court,” Carter says. “I do not
believe that the City Council could do what the judge outlined there
but those issues were not before the court. But I do believe that those
issues were looked at with appropriate input that that idea would not
be a good idea legally. It’s certainly not a good idea from the
standpoint of public policy.”
Carter says Funkhouser is “pleased.”
“The judge gave us 100 percent of what we asked for,” Carter says. “We
were expecting that the judge would do the right thing, and we’re
certainly happy she did.”
Welcome back to City Hall, Gloria.
Here’s the judge’s order.