The city of Columbus “won’t oppose” a broad subpoena request from the Mississippi Ethics Commission, according to city attorney Jeff Turnage.
Sonia Shurden, a hearing officer for the commission, informed the city via email last week of her intention to subpoena five sitting council members, as well as former Ward 5 Councilman Kabir Karriem and Lowndes County Board of Supervisors President Harry Sanders.
All affected councilmen will appear before the commission for a hearing Sept. 14 in Jackson on an open meetings complaint filed against the city last year. Arguments will begin at 10 a.m. in the Ethics Commission’s offices, located at 660 North St., No. 100C.
Both Karriem and Sanders told The Dispatch they had not yet received their subpoenas as of Wednesday.
Sitting Ward 5 Councilman Stephen Jones will not see a subpoena because he was not serving on the council at the time of the alleged violation.
The complaint, which The Dispatch filed with the Ethics Commission last May, alleges city leaders violated the state’s Open Meetings Act during discussions about the operation and management of a small arms firing range on Yorkville Road it jointly owns with the county. Concerns arose after Smith sent a letter to Sanders on April 28, 2015, asserting the city’s desire to operate the facility.
“I am advising by this letter that it is the unanimous opinion of the Columbus City Council, and I totally agree with them, that the small arms range should be operated and managed by the city of Columbus,” the April 28, 2015, letter reads.
The mayor stated in the letter that he had “discussed this matter with each” Columbus councilman. He also stated that he and the council proposed that the city maintain the range and bill the county for half of the costs.
City leaders did not discuss the matter in a public meeting prior to Smith sending the letter.
A preliminary report the Ethics Commission issued in May showed the city claimed Smith met with three councilmen by happenstance, individually, and each time discussed the operation of the firing range.
The commission took no issue with the happenstance meetings, but found a problem when Smith called the city’s three remaining councilmen about the firing range in the following days.
The city is disputing the timeline the Ethics Commission used to make their determination.
The preliminary report recommended Smith pay a $500 fine. The city has since filed an objection to the report.
Turnage told The Dispatch on Tuesday he advised the council on the subpoenas during executive session after Tuesday’s council meeting. He said the council took no action on it.
Though he questioned the subpoenas’ scope, Turnage said the city will comply.
“The hearing officer has that right,” he said. “We won’t oppose it.”
Alex Holloway was formerly a reporter with The Dispatch.
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