Kelly Kautz Files Complaint Against Snellville City Council, Staff Regarding Mayoral Powers

The civil lawsuit is against the entire city council, the city manager and the city clerk.

Snellville Mayor Kelly Kautz
Snellville Mayor Kelly Kautz
Snellville Mayor Kelly Kautz filed a civil lawsuit Friday (Jan. 24) in the Gwinnett Superior Court to try to confirm some of her mayoral powers. 

Specifically, the lawsuit is "for relief from the infringement upon the rights, duties, and responsibilities of the office of the mayor of the city of Snellville and upon the duly elected mayor," says the affidavit acquired by Snellville Patch.

The lawsuit, which is against all five members of the city council in addition to City Manager Butch Sanders and City Clerk Melisa Arnold, details the following: 
  • The defendants have held "secret, closed door Council meetings without providing access or notice to the public" which are allegedly illegal.
  • Sanders and Arnold have denied Kautz access to "essential parts" of Snellville City Hall. 
  • The defendants have improperly used the stamp or electronic impression of the mayor's signature on city documents without her knowledge or authority.
  • The appointment of Phyllis Moreland-Richardson as the Snellville city clerk, replacing Arnold, was read into the minutes at the city council meeting Jan. 13.
  • The complaint also requests that the court issue temporary restraining orders against all defendants and that the mayor be awarded attorney's fees and costs.
"During my service in my official capacity as Mayor of the City of Snellville, the Defendants have deliberately and repeatedly infringed on the rights and powers of the Office of the Mayor, which rights and powers are defined in the City Charter," says the affidavit acquired by Snellville Patch. 

Representing Kautz are attorneys Zahra Miller of Krevolin & Horst and Phyllis Miller. Miller also represented Snellville resident Alisa Boykin when her candidacy was challenged during her run for city council in the 2013 general election. 

"I hope that when people see the real facts and understand the actual applicable laws, they will see that Mayor Kautz is doing the right thing," wrote Miller in an email. "A lot of people have been developing opinions based on incorrect information. Kelly Kautz is a good woman working hard for the citizens of Snellville."

Councilman Bobby Howard told Snellville Patch that he received a copy of the complaint and affidavit, but has not made an official statement. 

The mayor and city council will meet Monday (Jan. 27) for their second work session and regular meeting of the month. Per the city website, the agenda does not mention the lawsuit or any of the claims in the lawsuit.

Snellville Patch will have more as this story develops.

See also: 
Mark Pomeroy January 24, 2014 at 06:14 PM
As Snellville's citizens ponder what this latest battle is going to cost them I'm sitting here wondering if it would be better to begin impeachment procedures against the mayor, or simply cut my losses and leave this city all together. Will need to do some really deep soul searching the next few days on this one.
Phillip S Wallace January 24, 2014 at 06:24 PM
Good luck storming the castle, Kelly. Even if you win, you'll lose.
Josh January 24, 2014 at 08:21 PM
" guys, I know I am suing you and everything, but, lets work together....". Really? If I had half the money the mayor has wasted on crap like this, my family sure could benefit.
Mary Lou January 24, 2014 at 08:39 PM
Mark Pomeroy, we are right there in same thoughts! This place has just gone over the cliff on so many levels.
Susan Bry January 24, 2014 at 11:02 PM
You have been nothing but an embarrassment. Stop this foolishment
Brenda Lee January 24, 2014 at 11:20 PM
Mark, Impeachment, removal, whatever the appropriate legal action, isn't going to happen until the council determines that an offensive, pro-active, deliberate approach is warranted. At this point, I'm frustrated with the in-action. Disclaimer, I am not a citizen of Snellville but I do recognize that what happens in Snellville impacts what happens in Gwinnett County.
Carolyn January 25, 2014 at 12:31 AM
To put it simply, she's acting like a little child! How did she ever get elected? I'm AMAZED, simply amazed!
SJ Pitts January 25, 2014 at 10:11 AM
To those that did even a little research before the election, this comes as no surprise. The terms "fraud" and "clinical" come to mind when discussing the mayor. Lets hope the city survives her, and perhaps the voters of Snellville will demand better next time.
Donna Glover January 25, 2014 at 10:37 AM
You have got to be kidding me! I am so embarrassed for our City "Leaders" and I use that phrase with caution! There are so many more important issues at hand. Let's stop the stick and stone kids play and get to business of running the City! NO ONE WINS!
Dr. Bill January 25, 2014 at 03:41 PM
Aside from the ridiculous and frivolous nature of Kelly D Kautz, as well as her extremely misguided interpretation of the city charter... Reading this affidavit you have to wonder it it was written by an illiterate 12 year old. I mean really, a "Lawyer" and supposed "adjunct professor" that is being represented by two additional "Lawyers" generate this affidavit that if filled with errors and devoid of any rational flow of thought... All I have to say is WOW!
Kenneth Stepp January 25, 2014 at 09:31 PM
She does this every time she loses. Same pattern. She goes around the system and breaks the rules. The council and other powers that be calls her on it. Then she sues them. Add that to her mindless followers that post lame excuses as to why this happens. And you get the picture. The judge will throw this out like always. Tell her not to bring this crap back to their court and she goes back to her office and thinks up yet another way to embarrass her city. Then she goes to her followers and has them defend her. It doesn't matter if she's wrong or lied. They speak out anyway. Weird.
TOWG January 26, 2014 at 10:11 AM
What a waste of our money! Can't wait for her to be gone.
Kenneth Stepp January 26, 2014 at 05:29 PM
TOWG. The criminal charges I filed against her are still being investigated by the DA & GBI. If they had no plans to prosecute her it would have been over by now. Soon my friend. Very soon.
Kenneth Stepp January 26, 2014 at 05:30 PM
I know this judge. This will not end well for your mayor.
Brenda Lee January 26, 2014 at 06:16 PM
Ken you've gotten my curiosity up. She and Phyllis Miller specifically ask for Judge Davis instead of Hamil who has already heard the March 2013 case, which is under appeal. Any thoughts on this particular strategy?
Mary Lou January 27, 2014 at 11:33 PM
Brenda Lee- I thought the counties specifically stopped judge shopping by making a case stay with the original judge assigned, no?
Brenda Lee January 28, 2014 at 07:36 AM
Mary Lou, you may very well be right. I am not well versed in how the courts system functions. I did hear late yesterday that Judge Davis recused himself so it is likely that the case will be heard by Judge Hamil after all.
Franny Glass January 28, 2014 at 08:52 AM
What is going on with the city of snellville? Can anyone shed some light?
Mary Lou January 28, 2014 at 12:38 PM
Thank you Brenda Lee for the update and info. Our city is just not the lovely Snellville that attracted us to this once great place almost 20 years ago :/
Michelle Couch January 29, 2014 at 03:09 PM
Franny, It would take hours and hours to shed light on all that has happened. All I can suggest is you start reading the Post and Patch dating back three years...lol
SUNKEN SUB January 30, 2014 at 07:59 PM
* UP SCOPE ============================================== Is it possible to see copies of the filed documents as this develops ? ============================================== Where do I go to view them, net, court house ??????????? ============================================== Inquiring minds want to know. ============================================== Down Scope


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