Shelbyville's city council will consider a change in the city's charter dealing with power board appointments after receiving an opinion from the state attorney general that says the mayor can veto the council's choice.

Last June, the council sought the opinion of the attorney general after controversy arose over a controversial Power Board appointment they made in May 2007.

According to the opinion of Attorney General Robert E. Cooper Jr., "appointment of a new Board member requires an affirmative vote by the Mayor and the affirmative vote of four Council members. Therefore, a total of five votes -- that of the Mayor and four Council members -- is necessary to appoint a new member."

City Attorney Ginger Shofner said that the way the ruling is written, the mayor would have veto power over any choice the council made. Shofner also added that it was just an opinion and is not bound by law.

Councilman Randy Vernon said that the council needed to "get something into place to clean this up," and suggested amending the city charter to require a majority vote for power board appointments.

However, the change will not be in place when the council votes on two appointments to the board next Thursday. The terms of Clara Nelson and Clarence Lamb are expiring. Nine persons have applied for the slots.

Lamb and Nelson filed applications along with former member Rayburn Sudberry, Thomas Landers, Ashley Heard, James Darden, Robert Crowell, Lizzie Peoples and Jason "Rusty" Reed.

The matter over the appointment began last year after councilman (and now mayor) Wallace Cartwright refused to vote on appointing a member to the board, citing actions taken in past years. Refusing to vote left the tally at three votes to appoint Henry Feldhaus with two to return Sudberry to the board.

Cartwright later contacted MTAS [Municipal Technical Advisory Service] for an opinion on the election process. MTAS stated that after reviewing the charter for the power board, the election required a majority vote of council members.

However Shofner also looked at the matter and opined that four votes were needed for a majority vote, based on City Charter Article III, Section 14. She stated she does not believe that four votes are always required to elect a power board member, but "it will depend on how many council members are present at the meeting."

Shofner also stated at the time that she believed that the mayor does not have the right to vote for a power board member.