On April 28, Columbus Mayor Robert Smith sent a letter to Lowndes County Board of Supervisors President Harry Sanders, informing him the city wanted to operate and manage the new small arms firing range, which was funded by both the county and city.
Smith said in his letter the plan was “the unanimous opinion of the city council.”
Maybe so. Individually polling councilmen on an issue, as the mayor did here, is not illegal. Acting on those opinions without a formal vote is though. Despite the mayor’s letter detailing a plan to Sanders, no public vote has been taken on the matter.
The laws governing how cities operate are clear: Cities cannot conduct public business privately. Actions and the votes that sanction them must be made during a public meeting.
It is also clear the mayor and council violated these rules, which are outlined in the Mississippi Open Meetings Act.
One councilman, Charlie Box, admitted the decision detailed in Smith’s letter to Sanders was made via phone conversations between the mayor and council members, something he told The Dispatch happens on a regular basis.
Tuesday, The Dispatch filed a complaint with the state’s Ethics Commission over the city’s decision to act without following the dictates of the Open Meetings Act. It marks the second such complaint filed by The Dispatch in 15 months.
In February 2014, The Dispatch filed complaints after the mayor and council held a series of non-quorum meetings to make decisions on two separate issues — the renovations of the Trotter and the city’s retail recruiting strategies. In those cases, the council acted without public notice or public meeting.
In December, the state ethics commission found the city had, indeed, violated the law. The city has appealed that ruling and the matter is currently awaiting action in chancery court.
We find this repeated indifference to state law and the interests of the taxpayers troubling. It must stop.
The Dispatch Editorial Board is made up of publisher Peter Imes, columnist Slim Smith, managing editor Zack Plair and senior newsroom staff.
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