Jackson Free Press

*Web exclusive*

At City Attorney Sarah O'Reilly-Evans' request, the Jackson City Council voted Tuesday to accept outside counsel from Phelps Dunbar regarding potential civil lawsuits pending against the city for actions due to the mayor's actions against a nightclub, a duplex, an alleged criminal's elderly mother and a pallet company. Federal agents have subpoenaed numerous city employees, including City Attorney Sarah O'Reilly-Evans, according to sources inside the city, in an FBI probe of the activities of Mayor Frank Melton. O'Reilly-Evans suggested today that the council seek help from an outside firm in defending the city from potential civil lawsuits relating to the FBI's probe.

"(The city attorney) presented it as a possible conflict of interest (in the attorney's office)," said Councilman Marshand Crisler.

The council voted 4-2 to accept the help of outside counsel, with council members Crisler and Barrett-Simon opposing. "I don't want to take any action that indicates any stamp of approval of Mr. Melton's actions in these situations," Barrett-Simon said.

The four cases, according to council members, deal with Mayor Frank Melton's interaction with city residents Albert "Batman" Donelson and Jennifer Sutton, and Jackson businesses A-1 Pallet Company and the Upper Level Bar and Grill.

Crisler said he felt the council had a solid defense against all of the cases because the mayor was clearly acting outside the scope of his duties as mayor in any wrongdoing.

"None of those cases involved the city council," Crisler said. "It has everything to do with Mayor Frank Melton. Each one of those cases had nothing to do with being executive officer or mayor of this city. ... My opinion is that we shouldn't have been here in the first place. He shouldn't have been out there at Ridgeway, he shouldn't have been out there at Albert Donelson's mom's house, he shouldn't have been out there at the Upper Level, and he shouldn't have been out at A-1 Pallets."

City Attorney Sarah O'Reilly-Evans did not return calls.

See the JFP's MeltonBlog for background on these stories.

Previous Comments

ID

94628

Comment

"None of those cases involved the city council," Crisler said. "It has everything to do with Mayor Frank Melton. Each one of those cases had nothing to do with being executive officer or mayor of this city. ... My opinion is that we shouldn't have been here in the first place. He shouldn't have been out there at Ridgeway, he shouldn't have been out there at Albert Donelson's mom's house, he shouldn't have been out there at the Upper Level, and he shouldn't have been out at A-1 Pallets." He didn't hold back, did he? :-)

Author

LatashaWillis

Date

2007-08-14T17:59:48-06:00

ID

94629

Comment

Also, have folks on this blog been saying for some time that the mayor's actions are going to cost the city money? This is one time where being right doesn't feel so good.

Author

LatashaWillis

Date

2007-08-14T18:03:02-06:00

ID

94630

Comment

Should I be really obnoxious and post links to my columns back during the campaign? OK, I'll resist. At this point, it would just be piling on to remind people that WE TOLD YOU FRIGGIN SO. Sorry.

Author

DonnaLadd

Date

2007-08-14T19:13:12-06:00

ID

94631

Comment

This thing may cost us more money than what we think. When all is said and done, it may go even more deeper. Scary to think about it.

Author

golden eagle

Date

2007-08-14T19:23:56-06:00

ID

94632

Comment

"He's just learning." Former Council person Ben Allen when speaking of Melton's early follies.

Author

pikersam

Date

2007-08-14T19:58:01-06:00

ID

94633

Comment

Oh Pike, "Leave the man alone, and let him do his job"!

Author

Cliff Cargill

Date

2007-08-14T20:02:33-06:00

ID

94634

Comment

Maybe it's right to be pissed off regarding costs to the city, but my strongest feeling in reading this post is one of relief. relief that somebody, somewhere in authority is willing to stand up for what's right. A mayor cannot be a king nor a dictator. Come on, people!

Author

Izzy

Date

2007-08-14T20:27:50-06:00

ID

94635

Comment

relief that somebody, somewhere in authority is willing to stand up for what's right. Ditto.

Author

LatashaWillis

Date

2007-08-14T20:32:41-06:00

ID

94636

Comment

Dang, Marshand, tell them how you really feel!

Author

honey2me

Date

2007-08-14T21:16:29-06:00

ID

94637

Comment

Marshand is right on the money...The city should not have to pay for more of Melton's dumb S#@! Is it just me or has anyone else noticed that Les McLemore seemed to have jumped on the Frank Bluntson,Charles Tillman and Kenneth Stokes band wagon? He seems easily swayed these days....

Author

blkokc

Date

2007-08-14T23:24:02-06:00

ID

94638

Comment

Maybe they promised him the president's job?

Author

DonnaLadd

Date

2007-08-14T23:30:29-06:00

ID

94639

Comment

Crisler must still be upset when the Mayor "called him out" last year on a city council issue. With that being said, I always love when a microphone is placed in front of Marshand Crisler.

Author

dpsmith

Date

2007-08-15T08:27:04-06:00

ID

94640

Comment

I really don't think Mr. McLemore would do that... I still believe he's intelligent and can't be bought. He has to be looking at these situations from a different vantage point - outside council might assist the City Council favorably if you think about it. Although I do agree with my council person, Crisler, let Uncle Frank brew in his own mess.

Author

lanier77

Date

2007-08-15T08:31:45-06:00

ID

94641

Comment

Could it be the shat is about to hit the fan? And I thought he was quiet because he was writing his crime plan.

Author

Ray Carter

Date

2007-08-15T09:54:04-06:00

ID

94642

Comment

I blogged on this issue earlier this am. I think it was under :Analysis:City Dodges Many Bullets." Anyway, I don't know how to cut and paste to this link. Most of the things are reported in this article which is so well done by Adam Lynch. Phelps Dunbar is charging $185.00/hr. Can you imagine how much money will be charged for representation in that many cases. Phelps Dunbar will own the City of Jackson. Anderson and Banks are lawyers with that firm. It would be interesting to hear commentary from one of them. melton is definitely no stranger to either of them. McLemore has a history of jumping back and forth on money issues. It really makes one wonder if he is totally above board. I know that he is not stupid; however, his past arguments against policies and practices of melton just don't jive. Simply put, he says one thing and does another. lanier77, the Council has already voted to hire Phelps Dunbar and they are aware of the hourly charge. I don't know if I could go out on a limb for McLemore. The jury (FBI) is still out on his issues.

Author

justjess

Date

2007-08-15T12:30:11-06:00

ID

94643

Comment

justjess, you nailed it. I don't know what has happened to McLemore? His actions recently are very troubling. We now have an unknown quantity coming aboard the Council in Weill, and we don't need McLemore to go all wishy-washy on us. Did the services for Phelps Dunbar go out for bid? Did City Council approve even seeking outside Council? They certainly didn't try to get an independent law firm that hasn't worked with or for the City to show any kind of impartiality. Shady.

Author

pikersam

Date

2007-08-15T13:22:39-06:00

ID

94644

Comment

Don't y'all think the City Attorney Office acted responsibly toward the City of Jackson and in Jackson's best interest if they knew or believed a conflict existed? Would you want a law firm representing Melton and the City of Jackson too knowing Melton thinks, believes and will argue he was doing the work of the mayor. Now, like Crisler, we think Frank's crazy as hell and no reasonable person would be believe he was acting as mayor or a sane man. The Courts may not agree with us though. Those sovereigntry immunity statutes operate in funny ways. Every lawyer in Jackson has erred in reading and interpreting them. Likely lost money too when pursuing a cause of action based on them. Also, lawyers have to protect themselves and not assume others will do it for them. Frank has screwed up grossly and few people would feel comfortable representing him or the City of Jackson right now with Frank's actions involved. Phelps probably didn't charge enough! McLemore is probably, like us, hopeful Frank has finally gone too far, and will be doing something different by the time this is over. Something such as cleaning the stalls at the big house. Just kidding! Leave our mayor along and let him do his job. He shold is funny though, ain't he?

Author

Ray Carter

Date

2007-08-15T15:43:35-06:00

ID

94645

Comment

I have found McLemore to be a very interesting person for some time now. He is really hard to read. In my heart of hearts I do think that he wants the best for Jackson...I guess only time will tell if we are right or not.

Author

Big Tee

Date

2007-08-15T15:59:25-06:00

ID

94646

Comment

Ok, here we go again, FM screws up and the city has to pickup the tab. Can anyone say "broke"? The City does not have money but we continue to pay for this fools antics. As for McLemore, I'm surprised by his vote---can someone say ummmmmmmmmmmmmm? What the hell is he thinking. I can't justify his actions on this issue, makes no sense to me.

Author

maad

Date

2007-08-15T16:51:07-06:00

ID

94647

Comment

Actually, a caller on Kim Wade today pointed out that under the previous administrations of Johnson and Ditto, the City "self-insured" itself for instances like this. Reason being, we had a mayor and staff that was sane! So, if Melton is tied to the City in these suits, then the damages will be paid by us not insurance as most think. Look into it. Also, the attorney on his show said that by hiring Phelps Dunbar (even if it looks odd to some of us) is a good thing because it is a step in the right direction if the City tries to separate itself from Melton by claiming he went beyond his "scope of duties." Help me out here, if I am interpreting what he said wrong folks. I was on board the "why Phelps" bandwagon, but now I wonder if we aren't doing the right thing? I know Crisler and Barrett are right too. So, if anyone can further clear this up that would be great.

Author

pikersam

Date

2007-08-15T21:19:19-06:00

ID

94648

Comment

Pike, I think you got the right idea. The City won't happily or eagerly separate from Melton, but will do what it must do, despite loyalties. Lawyers have rules to follow.

Author

Ray Carter

Date

2007-08-16T07:53:39-06:00

ID

94649

Comment

Did anyone see this? Melton: Lawsuits without merit

Author

LatashaWillis

Date

2007-08-16T08:08:32-06:00

ID

94650

Comment

I like these two parts: "I welcome that. I just can't see the FBI supporting people who are distributing narcotics." — Melton and Melton said he would continue his nighttime Safe Neighborhood checks in which he rides with police officers through communities, spots problems and records them, then turns the information over to the appropriate agency for correction. Being that "Safe Neighborhood checks" is not a direct quote, did The Clarion-Ledger decide to call Melton's late-night rides this, or are they just stating that as a fact now? And note that whole thing is stated as fact rather than saying that "in which Melton said he rides with police officers ...." There is a huge different; lesson #5,782 in biased reporting from The Clarion-Ledger. (Which is fine, but they ought to be straightforward about the metro/state desk's bias.)

Author

DonnaLadd

Date

2007-08-16T08:17:46-06:00

ID

94651

Comment

Yeah, that first part is fascinating. What a play on words there.

Author

LatashaWillis

Date

2007-08-16T08:22:56-06:00

ID

94652

Comment

The way I see it, that statement is intended to affect the next jury pool when a civil suit comes to trial.

Author

LatashaWillis

Date

2007-08-16T08:23:59-06:00

ID

94653

Comment

What happened to Danks and the other lawyers who made up melton's "Dream Team?" Why aren't they representing melton through the rest of his illegal acts? Isn't it a simple fact that SORE is not capable of representing cases of this magnitude and all secondary to inexperience? Why are we paying her if she can not do court representation of her clients? Isn't it also interesting that Fred Banks would be chosen as the "lead attorney" for the case with the City and Mayor. Banks is one of the newest members of Phelps Dunbar. I could be wrong on this one and again I say, "Ain't nothing wrong; but, something ain't right."

Author

justjess

Date

2007-08-20T11:10:44-06:00