The Milledgeville City Council met July 22 to discuss being a part of an amicus brief with the City of Milton, the renaming of a street, and an intergovernmental contract to continue development for sewer and water in the city.
At the beginning of the meeting, council members found a resolution at their desks to authorize the City of Milledgeville to participate in an amicus brief for the City of Milton’s pending appeal before the Georgia Supreme Court.
“They are requesting we support them in this litigation,” said Mayor Mary Parham- Copelan.
City Attorney James Jordan explained that this lawsuit against Milton resulted in a $35 million jury verdict and Milton appealed the case to the Georgia Court of Appeals, who upheld the ruling of the trials court. The city of Milton has now applied for a cert aviv to the supreme court.
“An amicus brief is sometimes referred to as a ‘friend of the court’ brief. It is where the main party has requested other interested parties or parties that may be affected by the ruling of the Supreme Court to join in,” said Jordan. “This resolution is asking you to sign onto the brief and all that the City of Milton is preparing and doing.
They indicated they had about 56 cities on their prior Court of Appeals brief.
“From what I understand by reading the Court of Appeals case, this was a planter on the city right of way for some time. It was a single car accident but resulted in the death of the individual that was driving,” added Jordan. “No exposure, no liability, and no cost associated therewith but if you feel like the issue is important enough to join in the amicus brief, that is what the resolution is requesting.”
Jordan described it as an “immunity issue” and stated it could affect any municipality.
“The issue is whether this planter represents a ministerial act, which cities are liable for,” Jordan said. “The Georgia Court of Appeals found it was a ministerial act due to the placement of the planter.”
According to Cornell Law School, a ministerial act is an act performed in a prescribed manner and in obedience to a legal authority, without regard to one’s own judgment or discretion.
According to Parham-Copelan most cities had already responded to the request with support. After discussion, the council unanimously approved the resolution.
Council member Shonya Mapp then read a letter to request the renaming of the 400th block of West Walton Street to Richard Blue Mullins Way, recognizing where he once resided. Mullins formerly represented District 5 on the city council and Mapp took over his position.
“I would like to honor the late alderman Richard Blue Mullins by renaming the 400th block of West Walton Street to Richard Blue Mullins Way,” said Mapp. “Mullins served the city of Milledgeville for 21 years as a representative of District 5. A dedicated public servant and a true pillar of our community, Mr. Mullins’ reach extended far beyond his district.
“He left a lasting and meaningful legacy. The pride he instilled in our neighborhood continues to resonate with the residents and reflect the values of service, commitment, and resilience,” added Mapp.
“The proposed rename will not only serve as a permanent tribute but will also foster a sense of pride and connection with an area deeply rooted in Black history and culture.”
County Manager Hank Griffeth is working through the process to be able to bring this request back to the council for official vote.
The city then approved financing parameters, in the form of an intergovernmental contract, related to revenue bonds to be issued by the Milledgeville Public Facilities Authority for water and sewer system improvements.
According to Managing Director Tom Ownes for Georgia Public Finance, the city asked the Georgia General Assembly to create a body to contract with, adjusted water and sewer rates to repay bonds, and this contract is a continuation of the process to issue bonds to pay for the project once bids are requested. According to Griffeth, the city has been going through a process for about a year and half to reach this contract.
“These are bonds that will be publicly offered,” said Owens. “They will be publicly rated so this is the first step in that process.”