The City of Columbus and Mayor Robert Smith are claiming Ward 4 Councilman Marty Turner’s use of a city cellphone was a gross misuse of city property and are demanding Turner refund the city for the data overage charges accumulated.
City attorney Courtney “Corky” Smith filed the city’s counterclaim to Turner’s lawsuit with Lowndes County Chancery Court Tuesday afternoon.
The response states that Turner’s phone was “specifically for municipal purposes,” making the phone, its plan and Turner’s use of both public property. The fact that Turner then used the phone to provide wireless internet for neighborhood teenagers and made personal posts on Facebook constituted a misuse of public property, the response claims.
Turner previously admitted in a Dispatch article that he occasionally provided wireless internet access to Columbus citizens. A Dispatch analysis found Turner used approximately 70 percent of all cell data consumed by city councilmen last fiscal year. Turner’s total cell usage cost the city nearly $3,000.
The city’s response included a counterclaim stating Turner’s misuse is an unlawful donation, and Turner should refund the city for the use of the cell phone, along with exemplary damages.
“The payment of those overage charges is considered an unlawful donation under the Mississippi Constitution,” Corky Smith said. “And so the city has a duty to taxpayers to try to recover those monies that were expended from the overage.”
The response did not say how much money Turner should refund the city, but Smith said he thought it was about $2,800.
Smith also filed a motion to dismiss Turner’s petition.
Turner filed a suit against the city in October after Smith took Turner’s cell phone after Turner called Mississippi District 43 Representative Kabir Karriem a “b****” on Facebook. Turner’s petition claimed the mayor’s actions “unlawfully interrupted (Turner’s) work phone services and has caused tortious interference with (Turner’s) capacity as an elected official.”
Turner’s attorney Walter Zinn said the mayor overstepped his authority by confiscating the phone and that he has no legal authority to discipline a councilman.
“The councilman … can only be disciplined by the board, not the mayor,” Zinn said. “So, unless board action has been taken against Councilman Turner regarding these things, it seems like the response is a little off because it seems to ignore Councilman Turner’s capacity as a councilman.”
Mayor Smith declined to comment for the article.
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