Levie Maddox, Newton County Commissioner, District 5, moved for a discussion to upgrade and modernize the bylaws of the Newton County Recreation Commission during the board of commission meeting Aug. 16.

That discussion turned into a motion to have county staff look into the recreation commission document, which was last worked on in 2013, and get back to the board of commissioners (BOC) by Oct. 18.

“There were discussions to upgrade and modernize the recreation commission charter,” Maddox said. “I’m not sure why it fizzled out in 2013-14.”

District 4 Commissioner J.C. Henderson asked Maddox why he was proposing to look back through the recreation commission charter.

“If it’s not broke why are we trying to fix it?” Henderson asked. “We already endured fixing our recycling centers and now we’re going to get rid of them. Now we want to go back and change our children and where they go out and play ball and have fun and dream.

Maddox reemphasized he was not trying to change the recreation commission, just modernize its governing laws.

“We’re not living by this document now,” Maddox said. “It’s antiquated and it needs to be upgraded. It is time to modernize it. I’m not trying to blow up their model; I’m trying to enhance it.”

The BOC agreed to look at the recreation commission charter, but couldn’t agree on Maddox’s next proposal of replacing recreation board member Tim Fleming with Jared Rutberg.

Maddox, who appointed Fleming to the recreation board, noted past appointments of board members for his reason of making the replacement in the middle of Fleming’s term. Other BOC members questioned if a change could be made during an appointee’s term.

Newton County Attorney Megan Martin said that since a change midway through an appointee’s term is not addressed in any board meeting minutes that a change can be made “if caused”.

Maddox said he did not wish to disclose the cause but vouched for Rutberg’s credentials.

“He has served God, family, his country and every community he’s been in with great passion,” Maddox said.

The BOC voted 3-2 to name Rutberg to the recreation commission board of directors. However, Chair Keith Ellis pointed out, and confirmed with Martin, that Newton County law states the Chair can appoint the BOC’s representatives to the recreation board. With that said, he then named Fleming to the recreation commission board of directors.

“It sounds like we’re going down a road where the Chair utilizes the law or ignores the law to suit his need,” said Maddox, who was later called out of order by Ellis.

District 1 Commissioner John Douglas then attempted to clarify the BOCs decision regarding its recreation commission appointment.

“Let me see if I got this straight,” Douglas said. “The board voted to fire Tim Fleming, and Chairman Ellis put Fleming back? You reappointed Tim Fleming to fill the unexpired term of Tim Fleming.”

Ellis agreed with that assessment.