The city of Columbus and the Mississippi Ethics Commission are awaiting a ruling from Chancery Judge Kenneth Burns after a preliminary hearing for the city’s appeal against a state Ethics Commission finding.
The city is appealing a Dec. 4, 2014, Ethics Commission order stating the council and mayor violated three sections of the Open Meetings Act “when they established a quorum of the council by holding two separate gatherings on each date and discussing the same matter over which the council has authority without providing public access, providing notice or recording minutes.”
The pre-arranged meetings — each attended by two or three councilmen — took place in January and February 2014. They concerned the city’s retail partnership with the Golden Triangle Development LINK and project management on the Trotter Convention Center renovation. Former Dispatch reporter Nathan Gregory filed a complaint with the Ethics Commission after becoming aware of the meetings.
City Attorney Jeff Turnage said the city believes the Ethics Commission issued its order wrongly. He said that in the absence of a quorum — four members, for the city council — members of a public body should be able to meet without inviting the public.
“Every time the mayor talks to a council member, he shouldn’t be required to have a public meeting,” Turnage said. “It’s not within the Open Meetings Act and we think it’s being construed too narrowly.”
The city appealed the Ethics Commission’s finding to Lowndes County Chancery Court.
In July, the Ethics Commission filed a motion to intervene as an interested party to continue its involvement in the case during the appeal.
The city filed a motion in opposition to the Ethics Commission, where Turnage said the Ethics Commission’s interest in the case is “merely the natural egoistic desire not to be reversed.”
On Tuesday both parties presented their arguments to Burns, who said he will issue an order as quickly as possible.
“We’re arguing that the Ethics Commission has a right to be involved in an appeal of an Ethics Commission decision,” Ethics Commission Executive Director Tom Hood said after the hearing. “In this case, in particular, if we’re not involved, there’s not going to be anyone on the other side of the case. We have a duty to protect the public interest and I don’t think we can do our job if we’re not allowed into court.”
Mike Chase, who is representing the city alongside Turnage, argued that because the Ethics Commission is not granted the power to litigate, it has no role in the appeal of its order.
“They have to wait until somebody comes forward with a complaint, just like a court,” Chase said. “Courts don’t go out and arrest people. They wait until there’s a complaint and adjudicate that complaint. … Nothing in the open meetings act gives them the authority to bring or participate in litigation, much less the appeal of its own decision.”
Ethics Commission Assistant Director and Counsel Chris Graham argued about the Commission’s role as a necessary and proper party to the appeal. He said the Commission is likely a necessary party due to its role in the initial order that spawned the appeal and is at least a proper party to the case.
“In this case we’re dealing with the public’s right, or lack of a right, to come attend the meetings of their public officials,” Graham said. “What you have is the commission enforcing the public’s right to come to their elected officials meetings and observe what’s going on. We think that the Ethics Commission is possibly a necessary party — we’re arguing here that we’re only a proper party.”
Turnage, after the hearing, likened the Ethics Commission to a lower court and said it had no role as a party in the appeal.
“I’ve never heard of a trial court appearing on appeal to protect its own ruling,” he said. “No matter what they say about the rules of procedure and which rule of procedure applies, it just doesn’t make any sense for any court to come up on appeal and argue to protect its ruling.”
Alex Holloway was formerly a reporter with The Dispatch.
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