The Eupora Board of Aldermen's decision in July not to rehire police officer Perry Yates was brought up again at its last regular meeting.
Misdemeanor charges of simple assault, trespassing and disturbing the peace were brought against Yates last spring by two people but have not yet been tried. He is accused of committing the offenses while on duty and was suspended with pay during an investigation conducted by the county Sheriff's Department.
Minutes of that July 5 meeting state that Robert Mays (Ward 1) seconded a motion to rehire all city employees with the exception of Yates, Municipal Judge Buchanan Meek Jr. and Public Defender Stephanie Mallette. That motion was followed by one from Jack Haney (at-large) to rehire Meek and Mallette for three months, according to the minutes, with all aldermen voting aye on both motions.
However, when the board took up approval of those minutes on Aug. 1, Mays asserted that it was his intention to rehire Yates also, and he and Haney voted against approval of the minutes. Aldermen agreed to meet in closed session later that night with Yates, his attorney and others to discuss his non-rehiring. No action or statements were made after the board came back into open session.
Yates and nearly 20 supporters were present again on Sept. 6, when Mays had placed police personnel matters on the agenda. When Mays mentioned Yates, Mayor Tommy Lott informed aldermen that Yates had filed a complaint against the city with the Equal Employment Opportunity Commission on Aug. 4. The mayor said he did not feel the matter was open to discussion until it is taken out of litigation.
However, Mays continued to voice his opinion on the matter, asserting that the board had not given Yates due process.
"I feel that we are doing injustice. He has just been dropped out," the aldermen said. "We have a responsibility to citizens."
Mays then offered a motion to rehire Yates as a police lieutenant at the same pay plus back pay. Board attorney Hugh Gibson then stated that the city could not rehire him at this time and reminded the mayor, board and clerk that no details could be discussed because of the EEOC complaint. The motion died for lack of a second.
Gibson said that while Mays had the right to speak what he feels, "You better not get in a public discussion of it. ... Board members could get in trouble."
Subsequent motions made by Mays to consider going into executive session and to actually go into executive session to discuss police personnel matters were unanimously approved. Gibson, all five aldermen and the mayor were the only ones who stayed in the closed session.
After coming back into open session, according to unofficial minutes, Mays made a motion to reinstate Yates, which was seconded by Haney. The motion failed 2-3, with Mays and Haney voting aye, and the other three aldermen voting nay, records show.
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