The Webster Progress-Times

Eupora Alderman at large Jack Haney claims in a lawsuit that he should be declared mayor pro tem for the rest of his term of office.

The complaint, which presents only one side of a legal argument, was filed March 15 in Webster County Chancery Court. Named as defendants in their official capacity are Eupora Mayor Tommy Lott and city Aldermen Dan Burchfield of Ward 2, Henry Flowers of Ward 4 and Ricky Newton of Ward 3.

Haney alleges that the mayor and other aldermen had an opportunity to "correct a void transaction and certain void acts by the previous board of aldermen ... and they refused to do such."

June Board Actions

He refers in his suit to a resolution in effect when he was elected last June 7 which provided that the alderman at large would be mayor pro tem for his elected term. During a special board meeting on June 29, then-alderman at large Mike Hillhouse, whom Haney had defeated in the general election, made a motion to change the position of mayor pro tem from that of alderman at large to a position of being elected by the board.

Martha Lou Ballard, another outgoing alderman, seconded the motion and the board approved it unanimously. Burchfield, Flowers and Robert Calvin Mays of Ward 1 were also on the board at that time.

"All of these acts took place after the general election, and the voting citizens of Eupora had elected Jack Haney as alderman at-large and with his election came the official position of mayor pro tem for his term," the legal action contends.

Alleged Violations

The plaintiff declares that at the time the old board of aldermen attempted to change the position of mayor pro tem to be one elected by the board, it violated state statutes and case law. Specifically, he claims that:

€ the minutes of that meeting do not indicate how or when each alderman received notice;

€ the minutes give no indication or notation as to the posting of the notice of the meeting for the general public to attend;

€ the agenda was not made a part of the minutes of the "attempted" board meeting and no indication was given as to what was meant by "Resolution Revisions" or if any action was to be taken or considered by the then-board.

€ the meeting notice was not specific as to time and place as well as the agenda to be considered.

Haney acknowledges that at the July 7 board meeting he made a motion to appoint Flowers as mayor pro tem, but did so "un-be-knowing to him that the prior board actions were void." Flowers was so appointed. However, the alderman also claims that this special board meeting was also void "for all the purposes set forth herein.

Motion to Rescind

Action Fails

Attorney George Mitchell Jr., who is representing Haney in the suit, appeared before the board at its next regular meeting on Aug. 1. He asserted that the previous board's action on June 29 did not comply with the statutes or state law and was void.

He asked the current board to take appropriate action to "cure for the record the prior void acts of the previous board as to changing the position of mayor pro tem and recognize Jack Haney as mayor pro tem for the balance of his term." Mitchell presented various documentation including attorney general's opinions and sections of the Mississippi Code that he said supported his position.

The matter was tabled twice until Dec. 5, when the new board voted 2-2 "as to cure the acts of the old board," the suit states. Haney and Mays voted in favor of Haney's motion to rescind the action of the old board, while Burchfield and Flowers voted nay. Newton, who was not on the old board, abstained and Lott refused to break the tie; therefore, the motion failed for lack of a majority vote.

Referring to Burchfield and Flowers, the suit claims they "refused to acknowledge the requirements set forth by the applicable statutes and Mississippi case law as to what constitutes the validity of a special board meeting and the requirements for such to be held."

The lawsuit further states that Mays, who is not named as a defendant, "after having been presented the law and understanding what was taking place did vote to correct the previous position taken when he served on the old board. He voted to recognize that Alderman Jack Haney should be mayor pro tem."

Relief Sought

Haney asks that the court find or declare that:

€ the previous board's actions at the June 29 meeting were void and null;

€ at the time he was elected alderman at large he was elected mayor pro tem for his term of office because of existing authority from the city resolution in effect;

€ the Board of Aldermen failed to procedurally follow the mandated requirements as to the holding of a special board meeting and any actions taken were void;

€ the acts of the board on June 29 were an attempt to enact an ex post facto resolution that in essence violated Haney's constitutional rights.

In addition to requesting attorney's fees and court costs, Haney asks the court to declare that he is the alderman at large and thus mayor pro tem for the city of Eupora for his term of office. He also asks that the court find that the acts of the Board of Aldermen were in violation of applicable state statues as to the holding of a special board meeting, and for any other relief that the court might grant him.

Mayor's Response

In response to the lawsuit, Mayor Lott stated, "It just seems to me we should concern ourselves with something other than the idea of becoming mayor pro tem. Elected officials are expected to take care of promoting the city, and to build up rather than tear down.

"Further, it is unfortunate that the city will have to take the time to address the business of having to face possible litigation in a court of law, and the spending of taxpayers' money, when there are many other things we need to be taking care of."

He went on to say, "I want the people to know that I'm unlike some in that I am proud of our city and community, and would like to thank those of you who are willing to put forth a positive effort toward bettering our community."

Lott also maintained that the city is complying with the Mississippi Code and statutory law.

The case has been assigned to Chancellor Robert L. Lancaster of Columbus. The matter may be discussed at a special called meeting of the Board of Aldermen set for 4 p.m. Friday but the agenda had not yet been finalized as of press time.