A chancery court judge has denied the state Ethics Commission’s motion to intervene in a city of Columbus appeal of a 2014 decision.
The city is appealing a 2014 Ethics Commission order stating that the council and mayor violated three sections of the Open Meetings Act. The order says the violations occurred when Columbus elected officials “established a quorum of the council by holding two separate gatherings on each date and discussing the same matter over which the council has authority without providing public access, providing notice or recording minutes.”
The pre-arranged meetings — each attended by two or three councilmen — took place in January and February 2014. They concerned the city’s retail partnership with the Golden Triangle Development LINK and project management on the Trotter Convention Center renovation. Former Dispatch reporter Nathan Gregory filed a complaint with the Ethics Commission after becoming aware of the meetings.
After the city appealed the Ethics Commission ruling to Lowndes County Chancery Court, the commission filed a motion to intervene in the appeal process.
In his ruling, Chancery Court Judge Kenneth Burns said the commission has no authority to intervene.
“To allow MEC to intervene in this case is tantamount to this court intervening in its own decision before the Mississippi Court of Appeals or the Mississippi Supreme Court,” Burns wrote.
City Attorney Jeff Turnage said the city is preparing an appellate brief and no dates had been set yet for further hearings. He said Burns will decide if additional oral arguments are needed as the case progresses.
MEC Executive Director Tom Hood told The Dispatch on Thursday that the commission will seek permission to file an amicus brief, or “friend of the court” brief. Beyond that, he said the commission doesn’t have many options other than to watch the process go forward.
“We’ll just have to sit back and see what happens,” Hood said.
Both sides presented their arguments on the motion in late October. At the time, Hood said the commission sought to intervene to present a side of the case opposite the city.
“We’re arguing that the Ethics Commission has a right to be involved in an appeal of an Ethics Commission decision,” Hood said after the October hearing. “In this case, in particular, if we’re not involved, there’s not going to be anyone on the other side of the case. We have a duty to protect the public interest and I don’t think we can do our job if we’re not allowed into court.”
Alex Holloway was formerly a reporter with The Dispatch.
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