Williston Attorney Fred Koberlein said former Councilman Charles Goodman isn’t required to submit a written resignation.
By Terry Witt -Spotlight Senior Reporter
Williston City Attorney Fred Koberlein said Wednesday there is no law requiring former City Councilman Charles Goodman to submit a written letter of resignation confirming what he said verbally at an Oct. 20 board meeting.
“I’m not aware of receiving a written resignation. A written resignation is neither required nor can he be compelled to provide one,” Koberlein told the city council. “I think I know him as a councilman. He is a man of his word. I think we can rely on his word but there is no law requiring a written resignation.”
Goodman unexpectedly resigned during the Oct. 20 meeting saying he was tired of being bullied by Mayor Jerry Robinson. He said he would submit a written resignation later. The written resignation hasn’t been provided and the city was proceeding as though it wasn’t needed.
Council President Justin Head announced at Tuesday’s meeting that the council was accepting applications from city residents interested in being appointed to the seat vacated by Goodman. He said Goodman’s replacement will serve until the March 2 municipal election. The appointed council person will then run for office along with three other council members already set to be on the ballot. Seats A,B,C, and D will be on the ballot.
Following his announcement, Head was asked by a reporter if a written resignation would be required of Goodman, given the fact that he had promised to submit one. He was asked if Goodman’s verbal resignation was a valid resignation.
“I am considering his verbal resignation and the fact that he looked me in the eye and said I’m handing you my laptop and my badge and I’m resigning immediately,” Head responded. “He said he would hand a written resignation letter to the clerk but she is not here to ask.” Clerk Latricia Wright missed the meeting due to illness. City Manager Jackie Gorman said she hasn’t received a letter of resignation from Goodman.
Head at that point asked the reporter to stand behind the podium and formally ask his question about whether there was a need for a written resignation from Goodman. Koberlein responded there was no law requiring a written resignation, but clarified his statement a few minutes later.
“My office is involved in a resign-to-run issue so whenever I stated in a public meeting that there is no law that requires a written resignation, I should say in Mr. Goodman’s situation there’s no law requiring a written resignation. There are laws requiring a written resignation in other cases. I just wanted to clarify that,” Koberlein said.
“Secret Meeting” Questioned
One of the statements by Goodman on Oct. 20 was brought up for discussion by a caller during the public participation part of the council meeting. The caller was Casandra Williams. Residents can view council meetings online and make comments via the council’s speaker system.
Williams quoted Goodman as saying he had been approached by Mayor Robinson in a secret meeting” to approve $100,000 on the quiet, and other council members were in agreement.” Williams said she was surprised by the silence of the council when Goodman raised the issue and she wondered if the board was silent because of Goodman’s actions or if they were silent because they were just being made aware of the meeting between Goodman and the mayor.
She said Robinson made no effort to deny, rebuff or try to explain what Goodman was talking about and she wondered if there had been a Sunshine Law violation as a result of the two elected officials discussing business that would come before the council later. Williams was given the customary five minutes to speak in the public participation part of the meeting, but because Williams was asking a question as part of her statement, Head wondered if the city’s response would be deducted from her five minutes.
Koberlein responded that he generally discourages elected bodies from getting into a question and answer situation when someone raises an issue during the public participation portion of the meeting. He said he hadn’t been paying attention to Williams’ question because it came up during public participation.
“Mr. President it’s time for public comments, not question and answer, so I wasn’t writing the question down, I never do during public comments. I work at the pleasure of the council and my answers are to the board. I didn’t hear your question,” Koberlein said.
Koberlein said issues that could lead to a question and answer session should be placed on the agenda to give the public advance notice of what is going to be discussed. People may want to attend the meeting and provide their own comments. The board would have the option of allowing a question and answer session during public comment, but Koberlein said it would be best if the issue is placed on the agenda.
Williams added more statements. She said she remembered Robinson saying he wouldn’t resign under any circumstance at the Oct. 20 meeting.
“Mayor Robinson, you said you would not resign; it’s true you don’t have to resign, but I feel as a voting city limit citizen, and I do live within the city limits, you do need to answer to the people and explain what this secret meeting was; that $100,000 that Mr. Goodman made reference to and why it was necessary for you to keep it on the quiet,” Williams said.
“I want to leave you with this one last statement and I don’t want you to miss it. I want you to listen carefully,” Williams said. “You have said in the past that black lives obviously don’t matter to you, but I am here to tell you, in addition to what I said, black lives matter and you can quote me on that.”
Head told Williams he would be happy to meet her to discuss her issues, or she could place the issue on the city council agenda for discussion.
Robinson took notes as Williams spoke but offered no comment.
A second woman came online after Williams spoke, saying she had watched the mayor over the years and felt he was a respected public official who worked hard to represent the best interests of the people of Williston.
City of Williston Regular Meeting November 4, 2020; Posted November 4, 2020
