The Webster Progress-Times

A motion to rescind action of Eupora's previous administration changing the method of selecting a mayor pro tempore failed as the result of a tie vote.

Alderman at-large Jack Haney, at Monday's city board meeting, made a motion to rescind a June 29 vote taken at the final gathering of the prior board. That vote was for the Board of Aldermen to elect a mayor pro tem from its numbers during the first meeting in July each year.

Previously, whoever was elected alderman at-large was automatically designated mayor pro tem during his or her term.

Robert Calvin Mays (Ward 1) seconded the motion, and after further discussion, a vote was called for. Haney and Mays voted aye, while Dan Burchfield (Ward 2) and Hank Flowers (Ward 4) voted nay. Ricky Newton (Ward 3), who, like Haney did not take office until July, abstained.

Mayor Tommy Lott abstained from breaking the tie and therefore the motion died for lack of a majority vote.

Haney then announced that the matter would be going to Chancery Court. He said in a subsequent interview that local attorney George Mitchell Jr. would actually be taking legal action, of which he would be a proponent.

The current board unanimously elected Flowers as mayor pro tem in July. Although Haney had made the motion to do so, the alderman later said he retracted that action because he felt the previous board's vote amending the selection method was against him personally. He also said he was not aware at that time of issues later raised by Mitchell, who has asserted that the previous board's action was void because of procedural errors he claimed were committed.

Before the vote, Haney said he had researched the matter extensively and that the attorney general's office had told him the current board had the authority to correct the prior one's errors, as alleged. Burchfield responded that it was a matter of opinion as to whether an error was made.

Haney asked that the previous board's action be rescinded based upon the stipulations presented by Mitchell, and told Flowers this not was not directed toward him. Haney also said he had no problem with letting the citizens of Eupora vote on the selection process for mayor pro tem as a ballot resolution during a future election.

Board attorney Hugh Gibson, asked at the meeting about his findings concerning the prior board's action, said, "In reality, the law does not require everything to be perfect," and that he felt the city board had the right to govern itself "without anyone else telling you how to do it."

He also said if the case went to court, the outcome could depend on who had the best lawyer.