Post by TF Admin on Sept 27, 2006 9:54:03 GMT -6
www.djournal.com/pages/story.asp?ID=229277&pub=1&div=News
9/27/2006 12:27:22 AM
Daily Journal
BY ANDY KANENGISER
Daily Journal
TUPELO - A leadership conflict is brewing at City Hall and some council members apparently are meeting about it in private.
They also may be violating the state's open meeting law.
An "informal coffee" is how council vice president Smith Heavner describes the get-together at his home, where up to five members may have been talking about city issues. But Heavner insists no votes were taken, saying he saw nothing wrong with the private gathering at his Ward 3 residence.
Chiefly, the focus seems to be on Heavner's displeasure with council president tiny boy thingy Hill's leadership. Others on the nine-member Council are defending Hill.
Hill's role as president is pretty secure, said Councilwoman at Large Doyce Deas, who didn't attend the private session. She described a possible leadership change as "a disaster."
Getting rid of Hill is Heavner's agenda, she noted. "He does not like the committee structure," Deas observed. "He always wants to grandstand about things.''
Defending his leadership, Hill said he's guiding the council through committees that give input to members and citizens. If some council members want to take action and elect a new president, he added, they will need to "do it on TV" at a regular meeting at City Hall and he will ask for a show of hands.
Over the past year, Heavner and Hill have sparred on several issues. Heavner has complained publicly about the council's doing little its first year, but Hill has insisted that planning is needed before action occurs on such issues as housing and new recreation and law enforcement facilities.
Heavner says it's good for council members to air out sensitive issues away from City Hall.
"We have dictatorship and no leadership," he insisted, a reference to Hill. Heavner admitted some of the discussion at his home revolved around "the way the leadership is doing us."
The council elects its president and vice president. Typically they serve at least a year and stay on as long as there is no call for a new election.
Recently, some sensitive issues have sparked debate. Earlier this month, a 6-3 vote favored of a 5-mill tax increase, the first property tax millage increase for the general fund in 18 years. The council also has weighed in to resolve concerns over race relations and the award of a contract to an engineering firm that's delayed the Major Thoroughfare Program.
Open meetings issue
The meeting at Heavner's came Thursday night. To constitute a quorum, five members of Tupelo's nine-member council must be in attendance. If five were at Heavner's, it's a possible violation of Mississippi's Open Meetings Act, said Jackson lawyer Leonard Van Slyke Jr., who represents the Mississippi Center for Freedom of Information.
"It sounds like they were trying to avoid the spirit of the law for sure," Van Slyke said Tuesday.
Some council members say five of their colleagues were present, but Heavner and others at the meeting declined to reveal the number.
Ward 4 Councilwoman Nettie Davis said she stopped by Heavner's for cookies and coffee and left soon thereafter, confirming that other members "dropped in and out.''
Councilwoman at Large Carolyn Mauldin, who wouldn't say if she attended, responded, "I'm not sure anybody on the council would deliberately break the law." Neither would she comment on Hill's leadership.
While Heavner insists no votes were taken or issues decided at the "coffee," attorney Van Slyke called that point moot.
"It doesn't matter if votes or action are taken or not - the test is, is it a quorum?" he asked. "Taking action is irrelevant."
Councilman Mike Bryan of Ward 6 said he didn't know about the meeting before it happened and wouldn't have gone if he had.
"I won't be part of something like that," Bryan said. "It's not right. If it is five or more, it is breaking the law."
Hill, who wasn't invited and didn't go to the gathering, agreed: "They are not supposed to do it. I'm disappointed if they are doing it."
"I've been satisfied with the leadership of the council over the past year," Bryan said. "tiny boy thingy is serving well as president."
TF
9/27/2006 12:27:22 AM
Daily Journal
BY ANDY KANENGISER
Daily Journal
TUPELO - A leadership conflict is brewing at City Hall and some council members apparently are meeting about it in private.
They also may be violating the state's open meeting law.
An "informal coffee" is how council vice president Smith Heavner describes the get-together at his home, where up to five members may have been talking about city issues. But Heavner insists no votes were taken, saying he saw nothing wrong with the private gathering at his Ward 3 residence.
Chiefly, the focus seems to be on Heavner's displeasure with council president tiny boy thingy Hill's leadership. Others on the nine-member Council are defending Hill.
Hill's role as president is pretty secure, said Councilwoman at Large Doyce Deas, who didn't attend the private session. She described a possible leadership change as "a disaster."
Getting rid of Hill is Heavner's agenda, she noted. "He does not like the committee structure," Deas observed. "He always wants to grandstand about things.''
Defending his leadership, Hill said he's guiding the council through committees that give input to members and citizens. If some council members want to take action and elect a new president, he added, they will need to "do it on TV" at a regular meeting at City Hall and he will ask for a show of hands.
Over the past year, Heavner and Hill have sparred on several issues. Heavner has complained publicly about the council's doing little its first year, but Hill has insisted that planning is needed before action occurs on such issues as housing and new recreation and law enforcement facilities.
Heavner says it's good for council members to air out sensitive issues away from City Hall.
"We have dictatorship and no leadership," he insisted, a reference to Hill. Heavner admitted some of the discussion at his home revolved around "the way the leadership is doing us."
The council elects its president and vice president. Typically they serve at least a year and stay on as long as there is no call for a new election.
Recently, some sensitive issues have sparked debate. Earlier this month, a 6-3 vote favored of a 5-mill tax increase, the first property tax millage increase for the general fund in 18 years. The council also has weighed in to resolve concerns over race relations and the award of a contract to an engineering firm that's delayed the Major Thoroughfare Program.
Open meetings issue
The meeting at Heavner's came Thursday night. To constitute a quorum, five members of Tupelo's nine-member council must be in attendance. If five were at Heavner's, it's a possible violation of Mississippi's Open Meetings Act, said Jackson lawyer Leonard Van Slyke Jr., who represents the Mississippi Center for Freedom of Information.
"It sounds like they were trying to avoid the spirit of the law for sure," Van Slyke said Tuesday.
Some council members say five of their colleagues were present, but Heavner and others at the meeting declined to reveal the number.
Ward 4 Councilwoman Nettie Davis said she stopped by Heavner's for cookies and coffee and left soon thereafter, confirming that other members "dropped in and out.''
Councilwoman at Large Carolyn Mauldin, who wouldn't say if she attended, responded, "I'm not sure anybody on the council would deliberately break the law." Neither would she comment on Hill's leadership.
While Heavner insists no votes were taken or issues decided at the "coffee," attorney Van Slyke called that point moot.
"It doesn't matter if votes or action are taken or not - the test is, is it a quorum?" he asked. "Taking action is irrelevant."
Councilman Mike Bryan of Ward 6 said he didn't know about the meeting before it happened and wouldn't have gone if he had.
"I won't be part of something like that," Bryan said. "It's not right. If it is five or more, it is breaking the law."
Hill, who wasn't invited and didn't go to the gathering, agreed: "They are not supposed to do it. I'm disappointed if they are doing it."
"I've been satisfied with the leadership of the council over the past year," Bryan said. "tiny boy thingy is serving well as president."
TF
