Wednesday October 16th, 2024 2:56PM

Flowery Branch Court hearing resumes next month

By by Jerry Gunn
GAINESVILLE - Flowery Branch Mayor Bryan Puckette testified Thursday morning that city manager Chris Rainwater dispensed unauthorized funds and improperly drew time-off pay as a dispute involving Puckette, Rainwater and a city councilwoman went to court.

Puckette was the first witness in a petition hearing to determine if Rainwater has any authority to do anything.

The attorney for Puckette and Smith, Frank Jenkins, argued that Flowery Branch government has made the transformation "in form" from a strong mayor to council/city manager without approval from the Georgia General Assembly and that City Council's home rule amendment giving Rainwater administrative authority is null and void.

Rainwater's attorney, Gregory Jay, claimed Puckette and Smith are attempting to by-pass Council's legal majority approval of Rainwater's actions by taking the case to court.

Co-Council for Rainwater Walt Britt motioned to limit testimony, saying the evidence was drifting far afield of the issue.

Britt questioned detailed testimony on Puckette's conduct and the city budget.

Jenkins said the testimony was relevant, showing a pattern that surfaced after City Council approved its Home Rule amendment to the city charter that Jenkins claimed unlawfully took the Mayor's administrative powers away.

The out of town judge hearing the petition said he saw two issues in the case.

Senior Judge Robert Struble from Toccoa said there is the effect of amending the charter to restrain the mayor's powers, but there is also Rainwater's alleged abuse of authority, repeatedly taking administrative actions of his own with or without the mayor's knowledge.

The majority of City Council members who supported Rainwater ratified the actions.

Court adjourned at 4:45p.m. Thursday and a follow up hearing has been scheduled for September 19.
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