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The Mayor Pro Tem Chronology
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€ Dec. 30, 1985: The board of aldermen then in office unanimously adopts a resolution stating, in part, that the person elected in 1989 and thereafter as alderman at-large in the city of Eupora shall be designated as the "mayor pro tem" during his term in office.

€ June 7, 2005: Jack Haney is elected Eupora's alderman at-large, defeating incumbent Mike Hillhouse, who has been mayor pro tem during his four-year term.

€ June 29: "Resolutions Revisions" is listed as an agenda item at the final meeting of the then-functioning city board. Minutes of the meeting categorize it as "resolution revision of mayor pro-tem."

Hillhouse offers a motion to amend the December 1985 resolution that includes designation of the mayor pro tem by substituting this wording in one paragraph: "Each year, the Board of Aldermen shall elect during the first meeting in July from their number a Mayor Pro-Tempore." Then-Aldermen Martha Lou Ballard seconded, with all aldermen voting aye.

€ July 5: Mayor Tommy Lott and aldermen Robert Calvin Mays (Ward 1), Dan Burchfield (Ward 2), Ricky Newton (Ward 3), Henry Flowers (Ward 4) and Haney are present for the first meeting of the mayor and Board of Aldermen for the 2005-09 term.

Like Haney, Lott and Newton were not on the previous board when the vote to change the 1985 resolution was made.

"Appointment of mayor pro tempore" is listed on the agenda. Minutes of the meeting approved the next month include the heading of "Mayor pro tempore appointment" and "rehiring of city employees" as a joint discussion item.

The minutes reflect that board voted to consider and to go into executive session to discuss "these personnel issues." However, the records do not reflect any action taken afterwards in open session specifically regarding mayor pro tem.

€ July 7: At a special called meeting of the new board, Lott informs aldermen that the vote on appointment of mayor pro tempore on the July 5 agenda had not been placed on the minutes outside executive session.

Haney makes a motion, seconded by Newton, to appoint Flowers as mayor pro tempore, with all four aldermen present (Haney, Newton, Burchfield and Flowers) voting aye. The minutes state that Mays was out of town.

€ Aug. 1: Attorney George Mitchell Jr. appears before the board, saying he represents concerned taxpayers and not Haney, on the issue of the appointment of mayor pro tempore. He cites issues later raised in the lawsuit and asks that the board take immediate action. The board tables the matter to allow city attorney Hugh Gibson review time at his request.

€ Sept. 22: Gibson reports that he has not had time to fully research all of Mitchell's points and the board agrees to table the matter until the Oct. 3 meeting.

€ Oct. 3: Mitchell appears again before the board and asks for its decision regarding his previous questions concerning the mayor pro tem appointment.

During the 40-minute discussion, Gibson says he believes that all items had been handled properly with the exception of the June 29 agenda item being non-specific. No official action is taken but Haney says he will be contacting state offices and will report his findings.

€ Dec. 5: Haney offers a motion to rescind the actions taken on June 29 to change the 1985 resolution, which would therefore void the election of Flowers, and states that he would like to see the matter placed on future election ballots for the public to choose a mayor pro tem. Mays seconds the motion.

Haney and Mays vote aye, while Burchfield and Flowers vote nay. Newton abstains, and Lott chooses to abstain and not break the tie; therefore, the motion dies for lack of a majority vote. Haney announces that the matter will go to court.

€ March 15, 2006: Haney files suit against Lott, Burchfield, Flowers and Newton in their official capacity in Webster County Chancery Court, alleging they failed to properly comply with state statutory law and follow case law.
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