This morning in front of packed City Council chamber, with upset citizens spilling into the hallway, Councilman Ben Allen announced that he will now support an investigation of Mayor Frank Melton's alleged illegal actions, if by 4:30 p.m. this Friday, professional investigators have not "wrapped up" their probes. Allen said, if that is case, he would call for a Council-led investigation of Melton and his entourage that would begin the following Monday. Melton's alleged rampage through a Ridgeway Street duplex was was first reported by the Jackson Free Press on Sept. 1.
Allen said he will ask that every council member be sworn in; the meetings will be open to the public unless they involve personnel or litigious issues. In that case, they will be closed. There will be a gag order making it illegal for anyone participating in a closed session to discuss what happens in the closed sessions. The council would give the public regular briefings about the hearings. He told Chief City Admiministratr Robert Walker that if the session on Monday happened, he anticipates that city legal would be subpoenaed first, followed that afternoon by members of the Jackson Police Department. They would then skip the Tuesday session and resume Wednesday, at which time they would subpoena members of the administration to appear and testify.
At the conclusion of the City Council session, Allen clarified several points to the JFP. One, he would not support an investigation if other investigative bodies had brought felony charges against Melton or exonerated him by Friday. He also said that he would seek legal advice from the county because the city's legal department would be subpoenaed in any council investigation. Those legal advisers from the county would help the council determine when to enter executive session on "personnel or litigious issues." Some protocols for the investigation are governed by state law, Allen said, but rules such as a proposed gag order would be voted upon by council itself.
Allen's announcement came in a contentious City Council session lasting more three hours. All City Council members were present, as well as Walker and City Attorney Sarah O'Reilly-Evans. Chief of Staff Marcus Ward and JPD Police Chief Shirlene Anderson observed from outside chambers. Melton did not attend, with reports that he is in Texas.
Discussion of an investigation was one of a number of emergency items brought by members. Such items require unanimous consent to be brought before council, and not one received such consent. The motion for an investigation was brought by Margaret Barrett-Simon, Leslie McLemore and Marshand Crisler. Councilman Frank Bluntson, a devoted friend and defender of Melton, objected.
Allen then proposed that council members be given five minutes each to explain their positions, but Councilman Kenneth Stokes objected to any discussion of the matter because it had not received unanimous consent.
"I think it's only right that we discuss this matter out of courtesy to all of the people here," Allen said. He proposed that council suspend the rules in order to discuss the matter, and this measure was passed 4-3, with Allen voting with Barrett-Simon, McLemore and Crisler. At this point, O-Reilly-Evans said she believed that a supermajority consisting of five affirmative votes was necessary to suspend the rules.
"With all due respect, that's your opinion," Crisler said pointedly.
"We discuss things not on the agenda all the time," McLemore concurred. "I don't see any reason why we shouldn't discuss it. And I am curious as to why my colleague from Ward 4 does not want to hear this." Bluntson represents Ward 4.
O-Reilly-Evans returned with a large black book and confirmed that a supermajority was required.
"We are not asking for any action on this matter," Barrett-Simon said, "but to ignore the people because of some rule is very troubling to me."
"Sometimes we seem to forget that this is a government of, for and by the people," Allen said.
Allen then determined that the issue would be discussed at the conclusion of other business. There was not another vote on the matter.
Stokes attempted to bring an emergency item on his proposed ordinance for the abatement of crack houses. Barrett-Simon objected. "I think the timing is very inappropriate," she said.
"It's a shame that in some neighborhoods we let these crack houses destroy quality of life," Stokes said. "For a member of this council to oppose abatement of crack houses, I don't understand that."
"I speak as someone who has lots of experience with shutting down crack houses," Crisler said. "But there's a way to do it. You need expertise in the field. When I've shut down crack houses, they've been shut down legally. By the book. You can't just point at a house and say it's a crack house." Crisler characterized Melton's alleged actions as "gestapo tactics."
"If you don't know what's a crack house," Stokes retorted, "you're a damned fool." Stokes added that the city needed to combat drugs "by any means necessary."
"We need to arrest the person doing drugs," McLemore said, when it was his turn to speak. "Don't take it out on the house."
Bluntson said that he did not think there was any point in discussing the matter because there was nothing council could do about it anyway. He then rattled off a long list of crime victims. "We doesn't anybody hold a news conference about them?" he asked.
Several comments from council members were met by applause or jeers from the audience, prompting Allen to post two police officers in the chambers. During remarks from Stokes, Bob Oertel interrupted from the audience. "Was any crack actually bought at this house?" he asked. Allen used his gavel and warned the public that he would clear the chamber if he thought it necessary.
"Investigative power is one of the most important powers this council has," Barrett-Simon said. "It has never been abused. It has never been used, not once in my 21 years on council, so you can see that I take it very seriously. ... Not only is an investigation our right, it is our duty."
"I want the record to reflect that I don't condone what happened to that house," Bluntson said. He then reiterated his stance that victims were being lost in all the attention placed on Melton.
"If this mayor had been white and done this," McLemore said, "he would have been run out of office, not yesterday but last month. ... I don't care if we have 20 investigations. We cannot stick our heads in the sand, which is what we've been doing."
It was at this point that Allen announced his support for an investigation, "if certain criteria are met."
Members of the public who had signed up for comment were then given an opportunity to speak. Jaribu Hill of the Magnolia Bar Association called for an official investigation. "We too are opposed to any further proliferation of violence and drugs in our neighborhoods," she said, "but we cannot condone breaking the law."
Stokes asked Hill if she would read and consider endorsing his crack abatement ordinance. "We would never be able to support an ordinance that does not grant citizens due process under the law. So my guess is that we would not be able to support your ordinance," she answered.
Nsombi Lambright of the ACLU called for City Council to establish a citizens' police review board and passed out legislation from other cities to members of council. "This problem didn't start with this administration, but it has become much worse," she said.
Brent Cox, who is also with the ACLU but spoke on his own behalf only, challenged Allen and the council to bring transparency to their investigation. "People in these neighborhoods have told me that they are buying guns for protection, not from criminals but from the mayor. These are not alleged drug dealers but people who have lived there for 30 years. ... It's not enough to get to the bottom of things. City Council needs to restore the faith of people in their government. They see you as secretive."
Stokes challenged Cox and questioned the veracity of his claim about people buying guns. "You're telling me that these people support the crack dealers?" Stokes asked.
Cox accused Stokes of positing a false dichotomy. When Stokes cut Cox off, McLemore interrupted Stokes. "This is not a debate. You are not allowed to debate him," McLemore told Stokes. Allen pounded the gavel, asking Stokes to be silent and Cox to return to his seat.
Henry Fuller, 21, said he was a resident of Ward 4. "I am very upset with my elected officials right now," Fuller said. "I've seen young African-American men grabbed by their throats and thrown down stairs by private security and some police officers. ... We are not thugs. We are not imbeciles. We are not criminals. Some of us are more qualified to be elected officials than some of you. And you're going to see that in the next election."
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