In November of last year, Jackson Free Press reporter Adam Lynch arrived at City Hall to cover a public meeting. Representatives of the sheriff's department and two county supervisors were meeting with Mayor Frank Melton in a room the mayor calls "the Oval Office," although it's really nothing but a conference room.
There were seven or eight people in the room, and more milling about outside, waiting for the meeting to begin. JPD Officer Marcus Wright, one of Melton's personal bodyguards, was also outside the conference room, but when he saw Adam, he walked inside and told Melton that Adam was there to cover the meeting.
Although Adam was still outside, he had no trouble hearing Melton's voice booming from inside: "Escort that man from City Hall!"
Wright emerged from the conference room and took Adam by the arm. "You have to go," Wright said.
"This is a public meeting," Adam replied loudly enough for the mayor to hear. "Isn't this a public meeting? Why can't I attend a public meeting?"
Again, Adam heard Melton yell: "Escort him from the building. I have a personal lawsuit against (the Jackson Free Press)."
"We need to go," Wright said.
Adam shook his arm from Wright's grasp and yelled back at the "Oval Office," "You ain't got no damned lawsuit against us, and you know it." Then he let Wright escort him from City Hall.
Adam was right. Melton had not filed a lawsuit against the JFP or any of its staff. Even if he had, that would not have given him the right to exclude press from a public meeting.
Once outside City Hall, Adam called the JFP's attorney. Soon, Clarion-Ledger reporter Jack Mazurack arrived at the door after Wright had also escorted him out. Mazurack laughed at the absurdity of it all, and the two reporters commiserated for a moment before returning to their respective offices.
There was no reason to think that the meeting might be closed to the press; all city meetings are open to the public, including the press, unless they fall under a very narrow band of exceptions, as set out in the Open Meetings Act. For instance, if city officials are discussing litigation against the city, they may go into executive session so that the city's legal strategy remains secret.
Even if any of the exceptions to the Open Meetings Act had applied that day, the meeting had not even begun. The law states that all meetings must begin as open meetings, even if all the matters up for discussion are exempted under the law. A three-fifths affirmative vote of all members present is required before a public body can go into executive session, and the reason for going into executive session must be stated while the meeting remains open. That reason must be recorded in the minutes.
There was no legal justification for escorting reporters from City Hall that day. But it hardly came as a surprise.
'I Don't Talk to You People'
Mayor Melton had already, on several occasions, expressed his disdain for the JFP and its reporters, photographers and interns, starting back during his campaign when we tried to ask him substantive questions about his plans for the city of Jackson.
The cold shoulder did not grow warmer once Melton took office in July, when the JFP immediately provided exhaustive contact information, don't be a stranger, to the new administration and asked to be informed of all press conferences and media gatherings. We also made our first request for new JPD Chief Shirlene Anderson's résumé and qualifications.
Nevertheless, the JFP was rarely informed of press conferences, and city spokeswoman Carolyn Redd, Melton's sister-in-law from Texas, rarely returned our phone calls. On Aug. 2, Donna Ladd complained to Carolyn Redd in e-mail that the JFP was being left out of media briefings. She responded, "I believe in equal access and will endeavor to do my best in responding to your personal request." However, a week later she changed her tune after Donna asked her in e-mail why neither she nor anyone else from the mayor's office was answering public-information requests. Redd made it clear that the JFP was not covering the mayor the way he'd like to be covered.
Redd wrote on Aug. 9: "I can and will only respond to the things and give information to the press that I know to be factual. I am extremely cautious with the JFP because of the way the paper reported and positioned the information during the campaign." She has never has provided any example of inaccurate reporting by the JFP, nor asked for a factual correction.
Such treatment was not limited to e-mail. In July, the newly elected mayor addressed reporters in City Hall while the City Council met. Reporters were asking the mayor questions, and when it was his turn, Adam asked a question of his own. Melton looked Adam in the eye and dismissed him with a wave of the hand. "I don't talk to you people," Melton said before moving on to the next question. At that time, Melton was on very friendly terms with other media in Jackson, including The Clarion-Ledger and WAPT.
In August, it happened again. Outside the City Clerk's Office, Adam asked the mayor a question for an article he was writing. The mayor replied, "I don't talk to you people. You do bad reporting."
The Jackson Free Press has asked Mayor Melton many times to provide examples of "bad" reporting. To date, he has not produced examples (and recently has told the JFP that we do the best reporting in the city).
Also last August, Adam and then-JFP Assistant Editor Casey Parks had a conversation with city spokeswoman Carolyn Redd, Melton's sister-in-law from Texas. They asked Redd why the mayor would not release public records to the JFP and why she would not return our phone calls or inform us of press conferences, after repeated requests that we be notified about the city's press gatherings.
Redd told Adam and Casey the city would not fill the JFP's requests because we took information the city provided, did further research on it and then "twisted it." She said that other media, such as The Clarion-Ledger, did right by the mayor, implying that we were not loyal enough because, as she put it, we do "research and stuff."
What the @#$%???
Discrimination by the Melton administration against the Jackson Free Press continued throughout the fall and early winter, with numerous reports of the mayor telling citizens and other members of the media not to worry about the JFP. "They won't be around in six months," he reportedly told several people.
In January, Adam was in the office of Sheriff Malcolm McMillin, interviewing him about his department's budget. (See "Running Out of Gas," No. 20.) Suddenly, a familiar voice came from behind Adam.
"What the hell are you doing here?" It was Melton, who had come to meet with the sheriff on unrelated business.
"Good morning, Mayor," Adam replied without turning around.
Again, the mayor accused the JFP of printing inaccurate information, though he could not provide specifics.
"We put in information requests," Adam replied. "We just never get a response."
"That's because I told them not to tell you ####," the mayor spat.
The sheriff then admonished Melton for not being open with city information. "I don't hide anything," McMillin said.
"I don't want to sit here with him," Melton told McMillin, but the sheriff asked him to sit and wait until the interview was finished. The mayor sat, rocking to and fro in his chair in obvious agitation. Adam finished the interview and left.
It would be another month before Melton agreed to sit for a series of interviews with JFP Editor Donna Ladd. By then, news organizations that had once been in his favor, like The Clarion-Ledger, had drawn the mayor's wrath by covering his trip to the Bahamas (which first broke on the JFP's Web site) and questioning how Melton paid for his two bodyguards to accompany him and stay in luxury lodging. In Ladd's first interview with Melton, he told her that he still had the travel expense receiptsand $1,800 in reimbursements to the cityin his desk drawer and he was refusing to provide them to The Clarion-Ledger because he was angry at them for tracking him down in the Bahamas. "But here's what made me furious, Donna," he said, and asserted that the paper should not question his travel expenses to the Bahamas because Gannett corporate executives also flew there on a corporate jet paid for by shareholders, or so he said.
Melton then turned on WAPT after the TV station followed the JFP's lead and started covering the lawsuit against him (and The Clarion-Ledger) in Meridian filed by Mississippi Bureau of Narcotics agents who say that Melton defamed them by releasing a false memo to the newspaper. A judge ruled against Melton in the case last fall because he had lied about leaking the memo in court documents during his campaign. He changed his story after being sworn in as mayor last July. The damages phase of that case is pending.
WAPT, and especially reporter Andrea Molloy, drew more ire from Melton after the station aired footage in February of Melton telling the camera: "(The media) come and ask me questions, then they run out and ask the public what they think, like I give a #### what they say."
Despite the unprecedented access the mayor afforded Donna for her interview series with him, his administration continued to withhold public documents from the JFPeven as he told Donna directly that our requests would now be honored.
The mayor vowed to fill our requests, and we provided him with a memo, memo, detailing the requests we had made that had not yet been filled. To date, none of those requests has been filled.
Like Mice in a Maze
A major barrier to City Hall accountability is that there is no good single source of information from the city. The new city administration has made it nearly impossible for reporters to go to a single public information officer to gather needed data, or to schedule appointments with city officials. One week, we are told to talk to Redd, another to Nash Nunnery, still another to Brendon Bell at the Jackson Police Department. Melton himself will often tell media (that he's talking to at the time) to come directly to him or Chief Anderson. They then do not return phone calls.
For instance, three weeks ago, Mayor Melton tried to call Donna Ladd 11 times over two hours to discuss the ComStat Report that the JFP obtained. Then last week, the city held a press conference, and we did not hear about it until the next day. There is no rhyme or reason to how the administration provides information to the press.
I made our first formal request through the city clerk's office on Sept. 29, 2005, for a recording of a City Council work session, work session, that took place in 2003. I was working on the Leslie Berryhill story at the time, (see "Driving While Young," Oct. 13-19, 2005). The Berryhills, who were suing the city for violating their daughter's rights by detaining her for violating the youth curfew, said that the City Council and President Marshand Crisler had been dismissive when they brought their situation before the council. Crisler disputed that account. Because the meeting was taped, I thought I should listen to it myself.
Since September, I have discussed this request with the city clerk's office at least six times. Most recently, in January of this year, more than three months after the city was required to produce the tape, I asked about it one more time. Deputy City Clerk Patricia Gilbert told me that it was not on audiotape after all. It might be on videotape. She promised to call me, as other clerks had previously promised, and then never called, as previous clerks had never called, either. The city has never even refused to grant the request; it has simply failed to make any response at all.
On that same day, I also filed a request for all complaints or disciplinary action against JPD Officer Wesley Flynt, Flynt. I had heard from a source that Flynt had a history of misconduct. This time, the city did reply, refusing to release the information on the grounds that it fell under the personnel exemption, no way. Fortunately, I was able to find the informationand what the confidential source had told me was truein a deposition on file at the federal courthouse. I wonder how often the clerks hear someone shout "Yes!" while stooped over a towering pile of documents.
On Nov. 4, 2005, Adam Lynch requested the salaries, bios and résumés of a number of city administrators, including Shirlene Anderson, Todd Chandler, Dale Danks and others, salaries. Danks was of particular interest to me. He was mayor of Jackson from 1977-1989, after which he often sued the city, particularly JPD. He was a longtime Melton confidante and supporter, and he was hired by Melton in the fall, even though he was still the Berryhills' attorney and also represented Byram in a lawsuit against Jackson. The city released all the requested salaries except for Danks', because he was "not employed" by the city but worked on "contract." A similar request followed, Mack et al.
The city refused to provide résumés for any of the officials on the grounds that these documents fall under the personnel exemption, first, second, third, fourth.
On Dec. 5, 2005, I requested all releasable contact and demographic information for city employees, demographics. I had just attended a conference held by Investigative Reporters and Editors in Birmingham, Ala., much of which covered open records law. The attorneys and reporters at the conference told us that we had a right to almost every document, including internal phone directories and general information on all employees. It was clear by then that the city was not following the law, so I made the request to see how the city would respond. To this day, the city has neither refused nor granted the request. The city has never made any response at all.
On the same day, I made yet another request for Shirlene Anderson's résumé, Anderson. Once again, the city refused to provide the information on the basis of the personnel exemption, personnel.
Local civil-rights attorney Rob McDuff disputes that interpretation of the law. "There's absolutely no reason for them to withhold (the résumé) unless they have something to hide," McDuff said. "People have a right to know about the officials who work for them. You and I have as much right to know about the police chief's qualifications as the mayor does, because she works for us. Surely the mayor knew about her qualifications before he hired her, and you and I have the same interest in knowing them and the same right to know them. It's really kind of pathetic that they're unwilling to release things like the police chief's qualifications. A real leader is not afraid of the truth.
"The Mississippi Supreme Court has decided exceptions should be liberally interpreted to favor disclosure, and that any exceptions should be narrowly construed," McDuff continued. "The court has also said that any doubts should be resolved in favor of disclosure. If it's a close question, the courts are required to answer it by requiring that documents be turned over to the public."
On Dec. 13, 2005, Lynch requested the names of police officers who had been terminated and the reasons why they were fired, cops. This came after the elimination of the Crime Prevention Unit and was prompted by word of new terminations in the JPD. The city never made any response.
On Dec. 14, 2005, I requested crime stats for 2004-2005, crime stats. The city never made any response.
On Jan. 5, 2006, I wrote Police Chief Shirlene Anderson and asked her for her résumé directly, pretty please. Anderson never made any response. In May, the JFP posted Shirlene Anderson's résumé to jacksonfreepress.com. We obtained it from a member of city government and did not release it earlier because we wanted to give the city every opportunity to do the right thing by releasing the résumé themselves.
On that same day, I requested ComStat figures, ComStat. ComStat is a sophisticated system for tracking crimes by neighborhood, in order to deploy police where they are most needed. It was used with great success in New York City in the 1990s. The Johnson administration supported the program enthusiastically. The city responded: "ComStat is for departmental use only. ComStat is not to be released to the public." ComStat Internal. The city made no attempt to refer to exemptions in the Public Records Act, possibly because no exemption covers crime statistics. The JFP acquired the April 17 ComStat report ComStat from a member of city government, and it showed a substantial rise in crime.
"The city is clearly required to divulge crime stats and ComStat," McDuff said.
Mississippi Sen. Gloria Williamson has sponsored a number of bills related to open records. "The only matter related to law enforcement at the state level that can be withheld is the identity of undercover agents," she said. "Other than that, everything is a public record. So if this is true at a state level, how could it be otherwise at the city level? That is an open record. Any time somebody withholds information, they have something to hide."
Also on Jan. 5, 2006, I took another crack at finding out how much the City of Jackson pays the elusive Danks, Danks contract. Because the city had refused to disclose Danks' salary on the grounds that he was not employed but contracted, I asked for his contract. If the city signs a contract with a debris-removal company, the public has a right to know the terms of the contract. The same goes for Danks. The city has never responded to this request.
"There's no question that they have to release salaries," McDuff said. "It's not the mayor's money; it's the taxpayers' money, and they have a right to know where it goes."
Williamson agreed. "It is never correct to withhold a salary. Ever. If Dale Danks has a contract with the city, he is still being paid by the city. They cannot withhold that information."
Mississippi Sen. Deborah Dawkins, who has also sponsored open-records bills, said: "The legislative intent of the law is public disclosure of public money. You should be able to get salaries, and if Danks does have a contractual arrangement with the city, it is my opinion that the Public Records Act supercedes privacy concerns because of the public money involved. I guarantee you that Dale Danks knows the law. If it goes to the court, it's my opinion that the judge would find that this was not only negligent but deliberate."
On Jan. 26, 2006, I requested documentation on Frank Melton's license to carry a firearm, Melton permits. This was after the mayor delivered eviction papers to the Jackson Apartments on Maple Street. Melton came with a large contingent of policeat least one of them armed with a submachine gunand a pistol slung from his police department bullet-proof vest. On March 9, 2006, long after the city was required to provide an answer, Deputy Clerk Patricia Gilbert told me that I would have to ask the highway patrol for that information.
Also on Jan. 26, I requested the identity of the man who carried a submachine gun in a photograph taken during the Maple Street event, who is this man. At that time, we did not know if the man was a private bodyguard or a police officer, let alone whether he was qualified to carry an MP5 submachine gun. To my surprise, the city responded within the allotted time, identifying the man as Officer Marcus Wright, who is assigned to "Dignitary Protection." Wright. Note that the city charged us $6.75 for producing this name. The Public Records Act is explicit that the city may only charge for the cost of producing records; the city may not "punish" citizens who request data by charging excessive fees. So how did it cost the city $6.75 to glance at a photo and fill in a name?
Also on Jan. 26, 2006, I requested the résumé and qualifications of Marcus Ward, who had recently become the Melton administration's choice for city lobbyist, Ward. Ward, who was 28 at the time, replaced the firm of Winston and Strawn. He also announced that he would work from Jackson rather than Washington, as Winston and Strawn had. The city refused to release that information on the basis of the personnel exemption, no and no.
Finally, on that same day, I again requested the salary of Danks, Danks this time with a bit of legal language to make plain the JFP's right to the information, specifically "Mississippi Dept. of Wildlife, Fisheries and Parks v. Mississippi Wildlife Enforcement Officers' Ass'n, Inc., 740 So.2d 925 (Miss. 1999), and Harrison County Development Commission v. Henry W. Kinney, No. 2004-CA-00901-COA (Miss. Ct. App. Jan. 17, 2006)." This time, the city's response made me want to laugh and cry at the same time, unbelievable. Deputy Clerk Patricia Gilbert wrote: "Mr. Johnson the City of Jackson does not have this information. Please contact the Mississippi Department of Wildlife Federation."
Note, first of all, that Dale Danks does work for the city of Jackson; therefore, the city of Jackson knows what he is paid, whether contractually or otherwise. Note also that my request did not mention the "Mississippi Department of Wildlife Federation," in part because no such department exists. (The litigant in question was the Mississippi Department of Wildlife, Fisheries and Parkswhere Gilbert got "Federation" from, I have no idea.)
Above all else, isn't it obvious, even to the layman, that I was citing case law to argue why the city must release that information? Nine months after Danks' appointment, the citizens of Jackson have no way to know how much they are paying him or why.
"That's amazing," McDuff said when told of Gilbert's reply. "The refusal by the city to fulfill its responsibilities is the height of arrogance. They seem to be acting as if they don't owe anything to the public and aren't accountable to the public. That's not only wrongheaded but also illegal. They're obviously playing a game of stalling tactics. If they keep this up, they're eventually going to be called on the carpet by the courts."
On Feb. 15, 2006, Adam made a detailed request for budgetary figures, budget please. We had heard that the budget was in the red and that the city had dipped into its reserve fund, both of which proved true. There are no statutory exceptions in the Public Records Act for budgets. In fact, the act is explicit that budgets must be released on demand. The city never made any response to this request.
Let the Sunshine In
Around this time, Donna Ladd began her interviews with Frank Melton, and we took a break from filing information requests, mostly because the mayor told her that he would supply the data we had requested. We wrote a memo at the conclusion of those interviews to Melton and City Clerk Cedric Morgan detailing the requests we had filed that had not been filled or responded to.
Despite the mayor's pledge, none of those requests has been filled to date.
We began to file additional requests in April. On April 26, I requested Mayor Melton's qualifying scores for handling firearms in his capacity as mayor, qualify. The mayor has long maintained that he is a law enforcement officer with all necessary licenses to carry firearms. However, Mayor Melton only filed for a concealed weapons permit on May 1, 2006, and that permit does not allow him to carry firearms as a law enforcement officer. In order to do that, he must qualify on a firing range once every six months. The city has not made any response to this request.
On that same day, I requested the salary and position of Bob Hickingbottom, Hickingbottom. Hickingbottom describes himself (on talk radio, where he often trashes Melton critics) as a "Melton supporter," but we suspected that he was on the city payroll as well. The city acknowledged that Hickingbottom is employed through a temp agency as a "Job Evaluator," and is paid $16 an hour, evaluator.
Also on April 26, I requested the city's procedures for handling confidential informants, informants. District Attorney Faye Peterson had accused the Melton administration of improperly handling informants, particularly Christopher Walker. As a result, Peterson decided she could not call him as a witness in the trial of Albert "Batman" Donelson. The city has never made any response to this request.
On that day, I also requested all correspondence between Frank Melton and/or Jimmy Heidel with Gene Phillips, Phillips. Melton had recently declared that he had a new buyer for the King Edward Hotel, and we had been told the new buyer was Phillips. The city never made any response to this request.
Finally, I requested a list of all employees who work for the city but are paid by Melton, others. During Donna's interviews with Melton, he told her that several peopleincluding the recently acquitted Anthony Staffney (of murder charges) are working for the city but paid out of his pocket. The city replied that individuals employed by Frank Melton are not employed by the city of Jackson; therefore, the city could not provide their names, nope.
On May 1, I made two requests related to the arrest of Michael Black, Michael Black. WLBT had shown footage of Black being struck by JPD officers while he was in handcuffs. JPD Internal Affairs regards all of its proceedings as personnel matters, such that even if the officers who struck Black are identified and disciplined, the public may never know what happened. In any case, the city has not refused my requests for the names of officers present at Black's arrest; it has made no response at all.
On May 5, I requested the salary of Stephanie Parker-Weaver, Weaver. We first asked for it on Jan. 26, but the city ignored the request. In a story the JFP ran on Feb. 22, "Mayor Axing Police, Fire Budgets," Firefighters Local 87 Union President Branden Falcon said, "The rumor is that you have people like the Stephanie Parker-Weavers (estimated $70,000 a year) and Jimmy Heidels ($150,000 a year) and so forth making more than the people in the last administration, and those salaries are eating up the budget on the mayor's staff."
Parker-Weaver got angry at the JFP for printing "inaccurate" information, but still would not provide her salary. After Donna Ladd argued with her on the phone about the need for public accountability for a half-hour last month, she finally said she made "in the mid-30s." Minutes later, Melton called Ladd to repeat that figure, but added that he also paid her money out of his own pocket.
After all this drama, the city responded to my May 5 request on May 19, listing Parker-Weaver's salary as $37,579, Weaver.
"It really is an embarrassment to the city of Jackson that the mayor and his staff are so obstructionist and so unwilling to follow the clear mandates of the law," McDuff said. "They seem to think that they owe the public nothing. The Public Records Act is an expression of the fact that the government does not belong to government employees; it belongs to the people. As time unfolds, they're going to regret this course of action."
Finally, on May 30, I went to City Hall to request the file of all information requests filed with the city that the city has rejected.
The Public Records Act states: "Denial by a public body of a request for access to or copies of public records under this chapter shall be in writing and shall contain a statement of the specific reasons for the denial. Each public body shall maintain a file of all denials of requests for public records. Public bodies shall be required to preserve such denials on file for not less than three (3) years from the date such denials are made. This file shall be made available for inspection and/or copying during regular office hours to any person upon written request." (Emphasis added.)
When I entered City Hall, City Clerk Cedric Morgan was standing outside Council chambers. I approached and told him that I needed to see the file of rejected requests.
"You'll have to file an information request for that," Morgan said.
"I have it right here, file. I assume you're aware that the file is supposed to be available on written request during regular office hours," I replied.
"We have to send this to legal to make sure there are no liability issues," Morgan said.
"How can there be liability issues for following the clear letter of the law?" I asked.
"We just have to follow the same procedure across the board," Morgan said.
"Mr. Morgan," I replied, "your office is so far behind on so many information requests that you are in willful violation of the law. How can you talk to me about procedure?"
I then showed him a copy of the Public Records Act, specifically the passage above.
"This is just like any other information request, and it has to follow the same procedure," Morgan said. "But hey, it may not take as long as 14 days."
Once again, I left City Hall without the public information to which I was legally entitled according to state law.
"I've lived in a lot of crazy places, but I've never seen anything like this," Dawkins said. "I've seen some bad mayors and bad management, but this beats anything I've ever seen."
Check out the JFP's Public Eye for PDFs of information requests and responses and follow Brian Johnson's Publie Eye blog, tracking the city's accountability, on the same blog.
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