City Claims AMWA Trying to Stop Election

((UPDATED throughout to add comments from AMWA General Manager Wylie Pirkle. 10:20 a.m., Tuesday, April 29.))

By Michael V. Hannigan

Following Monday night’s Athens City Council meeting, Mayor Jerry Don Vaught told reporters that the city has received an email from Athens Municipal Water Authority (AMWA) attorneys which references AMWA plans to file “an emergency motion to stop the election.”

AMWA General Manager Wylie Pirkle told Henderson County Now Tuesday morning that the water authority never planned to file the motion.

The City released the following press release on the issue Monday night:

Athens City officials on Monday expressed disappointment that the Athens Municipal Water Authority (AMWA) intends to file a lawsuit this week to stop the May 10 election that will decide its future, saying AMWA is attempting to take this important decision out of the hands of the electorate.

“I listened to AMWA board members commit publicly that they would accept whatever the public decides in the election,” said Mayor Jerry Don Vaught. “Now we learn that AMWA board members are trying to block the election altogether and silence the voices of Athens citizens.”

The City received an email over the weekend referencing the filing on Tuesday, April 29, of “an emergency motion to stop the election.” Athenians are scheduled to decide on May 10 whether AMWA should continue operating or be dissolved.

Athens City Attorney Connor Bateman said that “the good thing about this unique issue is that the people of Athens get to make the ultimate decision. Whatever the outcome, the election would allow citizens of Athens to make the decision and that’s a good thing for Athens.”

News of AMWA’s plans come less than a week after AMWA board members made public statements indicating AMWA would drop its $4 million claim against Athens taxpayers in the lawsuit it filed against the City in November 2013. To date, AMWA has not dropped its $4 million claim.

“AMWA’s board has made it clear that they are not shy about filing litigation if they think those lawsuits — however costly to taxpayers — will benefit AMWA’s strategy,” said Vaught.

AMWA General Manager Wylie Pirkle said Tuesday morning that the water authority never planned to file the motion. He said the email was just AMWA’s attorneys asking for open records for due diligence.

Pirkle said that the AMWA board has discussed many options for dealing with the city and one of those involved looking into the possibility of stopping the election based on the AMWA belief that the city passed the original ordinance to dissolve AMWA illegally.

But Pirkle said the AMWA board never voted to go forward with that approach.

“Our decision was that we got (the issue) on the ballot and we want the voters to decide,” he said.