WINFIELD — On Tuesday, Nov. 18, the Winfield City Council voted down two measures that would have rescinded two controversial decisions made during the previous meeting on Nov. 3.
The Winfield City Council held an organizational meeting on Tuesday, Nov. 3, followed by a regular meeting.
After the oaths of office were administered, Winfield Mayor Randy Price asked for a motion to approve Resolution #1417 to appoint Jack Bostick as the municipal judge, replacing previous municipal judge Lionel Leathers, who had served in the position for almost 40 years.
The council voted to approve the resolution during the organizational meeting. The regular meeting, the first for the newly elected council members, followed afterward.
After new and old business was concluded, Price asked the council to amend the agenda to discuss a city position.
Price asked the council to allow him to abolish the position of city administrator, held by Mike Watkins.
“This was a position created during my first administration that I don’t feel the need for anymore,” Price said. “I’d like to ask the council to consider us doing away with that position.
“Based on everything we need done out of that position, I just don’t feel like we need that position anymore. I need to ask for a motion to allow me to abolish that position.”
Councilman Brad Burroughs made the motion, and it was seconded by councilman Chris Ballard.
Ballard asked if Watkins would be given any options regarding city employment in light of the decision, to which Price replied that he would be offered another position in the city.
The appointment of Bostick and the abolishment of the city administrator position led to a large turnout from the public at the Nov. 18 meeting, including Leathers and Watkins and many others. Several rows of seating were added in the lobby of city hall looking into the council chambers.
In the days leading up to the meeting, the agenda was updated to included two requests by Ballard, joined by Miles, to rescind Bostick’s appointment and rescind the abolishment of the city administrator position.
While the motions and seconds were made, both measures were voted down without discussion.
A statement prepared by Councilman and current Mayor Pro Tem Tim Garrison, which was printed for distribution to those in attendance, explained the council’s reasoning for why Bostick’s appointment could not be rescinded. The full statement is included below:
“CAN, we ‘Rescind’ the Resolution appointing Jack Bostick as a part-time Municipal Judge for Winfield City Court, since Jack has already been appointed, was notified of his appointment,
accepted the appointment, was sworn in as Winfield Municipal Judge in furtherance of his appointment and was acting Judge for the Municipal Court on Monday, November 17, 2025.
“Ala. Code 12-14-30 is controlling on the appointment of Municipal Judges in Alabama. Specifically, (a) states that [T]he governing body of the municipality shall, by vote of a majority of its members, appoint judges of the municipal court. Pursuant to the resolution adopted during the Organizational meeting on Monday, November 3, 2025, the governing body, by unanimous vote, adopted a resolution officially appointing Jack as Municipal Judge.
“In addition to the appointment process as detailed in (a). (b) of this same code section establishes the term of office of a part-time Municipal Judge wherein it states ‘...The term of office of a municipal judge, other than a full-time municipal judge, shall be two years. The term of either full-time or part-time municipal judges shall continue until a successor has been appointed and qualified.’ Therefore, once appointed, and qualified, Jack is entitled to serve for a minimum term of 2 years.
“Can we ‘legally’ or procedurally rescind this action by motion and vote of the council, commentary and treatises on parliamentary rules and procedure, including Robert's Rules of Order, there are specific times when a motion to rescind is ‘not in order’ or not proper. Generally, a motion to rescind is not in order or not proper if: something has been done in response to the original motion that cannot be undone; if the original motion created a contract and the contracting party has been notified; if a resignation has been acted on and the person has been officially notified; if a person has been appointed to or expelled from a position and they have been officially notified; or, if the action would result in the violation of a vested right.
“According to Attorney General's Opinion, AGO 1984-065, a municipal judge's term begins to run at the time of appointment and his term does not expire until a successor is named. Additionally, opinion AGO 1982-214, states that a municipal judge cannot be fired before the expiration of his or her term. It is fairly clear that Jack was appointed as Municipal Judge by the governing body of Winfield and his 2 year term as such, began on Monday night, November 3, 2025. Once appointed, Jack cannot be terminated from this position before his term expires on November 2, 2027.
“Therefore, if the City is not permitted to ‘fire’ him before the expiration of his term in November of 2027, it is my opinion that the City cannot avoid the application of this code section by calling his ‘firing,’ as a part-time municipal judge, a ‘Motion to Rescind.’ Regardless of what it is called, it leads to the same result, i.e. terminating him from his position as municipal judge prior to the expiration of his 2 year, statutorily required and protected, term of service. Therefore, it is my opinion that a Motion to Rescind is not proper given this situation.
“Specifically, the governing body has done something, in response to the adopted resolution, that ‘cannot be undone,’ i.e. appointed Jack as Municipal Court Judge. In addition, this original action of the council at the organizational meeting appointed a person to a position and that person has been officially
notified.”
The council discussed several other matters of business, eventually reaching item 10 on the agenda, which involved an employee pay evaluation for city employees.
The city council voted to enter executive session to discuss the employee pay evaluation, which raised questions from the public in attendance as to the legality of the
executive session under the Open Meetings Act.
The Open Meetings Act allows for city councils to enter executive sessions, temporary sessions that exclude the public, to discuss only specific topics, such as pending litigation, economic development, security measures and the good name and character of individuals.
Salary and pay of public employees and officials are items not typically covered under those exemptions, except in very specific circumstances.
The executive session lasted for around an hour before the council voted to re-enter regular session, approve the pay evaluation, and then adjourn.
This is a developing story. The Journal-Record will continue its investigation.
In other business:
- From Nov. 3: Fire Chief Blake Farley requested that Dylan Dillard be promoted to the rank of lieutenant and that Ashton Odom be hired full-time. Both requests were approved;
- Library Director Regina Sperry requested permission to post a library aide position, which was approved;
- Police Chief Brett Burleson requested to promote Robert Snow to the rank of patrol lieutenant, and to create a new position of office manager for Shelley Taylor instead of her currently listed position of police secretary;
- Price made the council aware of the need to address the nuisance dog and cat issues that he said need to be addressed by the city;
- From Nov. 18: Park and Theatre Board appointments were tabled;
- Farley recommended two new hires to the fire department and requested permission to proceed with grant paperwork that could help fund a new fire station closer to Exit 30 on I-22;
- The council voted to allow Burleson to hire Austin Swanigan back to the department after he left on good terms with the department; and
- The council tabled discussion of whether to join SSUT litigation and postponed discussing paving projects and an Exit 30 Cooperative District.
See complete story in the Journal Record.
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