The city of Columbus has spent more than $16,000 defending itself against a pair of open meetings complaints filed with the Mississippi Ethics Commission.
That number is subject to rise as the city continues to fight rulings in both cases.
The Dispatch obtained through an open records request the amount the city has paid Columbus law firm Mitchell, McNutt and Sams — where city attorney Jeff Turnage practices — for those two cases. The city has so far paid the firm $12,274.50 to defend against a 2014 open meetings complaint filed by former Dispatch reporter Nathan Gregory and $3,872 to defend against a separate complaint The Dispatch filed against the city in 2015.
Turnage also provided roughly $9,100 worth of pro-bono work on the cases to the city, according to released documents. Turnage said he occasionally provides the city his services, at his discretion, free of charge.
The cases
Gregory filed his complaint to the Ethics Commission in 2014 after two occasions when the mayor scheduled meetings with two to three councilmen each (less than a quorum of the six-person body) behind closed doors to discuss the same issue. Once, the separate meetings of three centered on an issue involving the Golden Triangle Development LINK. The other pair of non-quorum meetings resulted in a press release stating the city had decided to be its own contractor for Trotter Convention Center renovations.
The city argued the meetings were “gatherings” in order to share information that would later be presented to the council at a public meeting.
Since the gatherings were not “meetings” as defined by the Open Meetings Act, the public could be excluded, the city argued. Turnage argued to the Ethics Commission the city had “circumvented” the law in that case but had not broken it.
Both the Ethics Commission and Lowndes County Chancery Judge Kenneth Burns found the city violated the Open Meetings Act in Gregory’s complaint. That case is pending before the Mississippi Supreme Court, after the city appealed both the commission’s and Burns’ rulings.
The Dispatch filed a second complaint with the commission last year after Mayor Robert Smith sent a letter to the Lowndes County Board of Supervisors President Harry Sanders regarding the operation and management of a jointly-funded Yorkville Road firing range. Smith stated in the letter he had “discussed this matter with each” Columbus councilman and they all agreed. Smith sent the letter before the board took a public vote on the matter.
The Dispatch’s complaint alleged city leaders violated the state’s Open Meetings Act because the matter was not discussed in a public meeting.
In May, the Ethics Commission issued a preliminary ruling recommending a $500 fine for Smith in The Dispatch’s 2015 complaint. A final decision in that case is still pending.
Turnage, in a previous interview, said the city is fighting to defend the cases because leaders believe the decisions would make previously-legal communications between elected officials illegal.
“Muzzling elected officials between meetings would negatively impact the city (and other local units of government statewide) and would undermine the free flow of information that leads to sound decisions,” Turnage said. “As well, unless we get these cases reversed, as they should be, their holdings will create more questions than they would answer about what the Open Meetings Act means.”
During the 2015 Mississippi Legislative Session, Turnage attempted to ‘clarify’ the Open Meetings Act by tasking family friend and Winona resident State Sen. Lydia Chassaniol with presenting bills that would define a “public meeting” as only when a quorum of a governing body is present. The Ethics Commission opposed the measures, saying they would change the law, rather than clarify it. Both bills ultimately died in committee.
The Dispatch could not reach Turnage on Tuesday.
Smith refused to return numerous calls and messages for comment.
Council reactions
Ward 3 Councilman Charlie Box said on Tuesday he’s not thrilled with the cost. However, he pointed the finger at The Dispatch, saying the city wouldn’t have to defend itself if the complaints hadn’t been filed.
“I didn’t relish having to spend the money,” Box said. “We might lose, but we’re going to have to defend ourselves. That’s where we are at on it.
“We should be able to talk,” Box added. “If we meet at Walmart, we can’t discuss any kind of business, according to what y’all are saying. I think it’s crazy.”
Ward 2 Councilman Joseph Mickens said he believes the city should move on.
“I think that’s something we need to put behind us and move forward,” he said. “If we can take care of it without having to spend more money, then I’m all for it. If it’s a fine or whatever we’ve got to pay, then let’s be through with it.”
Mickens acknowledged the case could have far-reaching effects through the state. However, he said officials should follow the law.
“The law is the law,” he said. “They’ve got a speed limit that’s there for people to follow. If it says to do 55, you do 55. If it’s what the law says, we have to find other legal ways to do it.
“Just make adjustments,” Mickens added. “Life is about making adjustments.”
Ward 4 Councilman Marty Turner said he doesn’t believe the public should be concerned about councilmen holding meetings away from the public eye. He said there are some things that the council has to discuss in private, and contended that the council hasn’t met with sinister intentions.
“Why would the public need to know everything unless they ask for it?,” Turner added. “Once everything is done, we’ll put it out there. Since I’ve been on the board, there’s nothing that’s been hidden from anyone who wanted to know, and I’ve always had questions.”
Ward 1 Councilman Gene Taylor declined to comment.
The Dispatch could not reach Ward 5 Councilman Stephen Jones and Ward 6 Councilman Bill Gavin by press time.
Alex Holloway was formerly a reporter with The Dispatch.
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