Jackson Free Press

Council members bickered Monday afternoon over Mayor Frank Melton's decision to appoint Chief Administrative Officer Robert Walker and City Attorney Sarah O'Reilly-Evans to run the city while he recovers from surgery in Texas.

Melton underwent triple bypass surgery last week in Tyler, Texas, and was scheduled to leave the hospital on Tuesday. There is no set date for his return to Jackson, however, and the recovery time from bypass surgery ranges from several weeks to months. Some council members argue that Melton skirted state law by appointing two non-elected officials to serve in his stead instead of appointing an elected council member.

"The mayor has not really designated anyone from the City Council to serve as acting mayor, and as I read the ordinance under the statute, it is very clear to me that the intent was to have someone from the council be designated by the mayor to serve in an acting capacity until the mayor is well," said Ward 2 Councilman Leslie McLemore.

State law, specifically 21-8-19, states that when the mayor is prevented from "attending to the duties of his office," he will "appoint a member of council" to assume those duties.

Council President Ben Allen said he considered it a non-issue because he did not believe the mayor would be gone for more than a week or two.

"I stopped by and (visited Melton). He expects to be back on the job in a couple of weeks. He looked great. … I think it's a dead issue," Allen said.

Nevertheless, Ward 6 Councilman Marshand Crisler said he worried that the city was in violation of state law.

"Reading the statute verbatim, it does indicate that once the mayor is determined to be unavailable then he will appoint a council member, then after 60 days the council has a role to appoint an interim mayor. That is clear. What it doesn't say anywhere in here is anything about the chief administrative officer (running the city)," Crisler said

O'Reilly-Evans said Melton's choice to make Walker and her heads of the executive was logical, since the CAO and city attorney deal with the daily affairs of the mayor's office anyway.

"The CAO is responsible for the day-to-day activities of the government and the department. It has been the policy of this administration and most other administrations that prior to the mayor signing off on documents, that legal view the documents, initial the documents, et cetera," O'Reilly-Evans said.

Crisler replied that the statute didn't allow the city attorney to head the executive branch whether it was logical or not.

"Yes, but you have to agree that this statute, verbatim, does not allow for you to adopt the role. It's clear that only a council member can stand in stead of the mayor," Crisler said.

Ward 3 Councilman Kenneth Stokes argued that the wording of the statute meant that it only came into effect after 60 days.

"It must be 60 days before we can be talking about picking a council member or something, but that's the first step—to get past those 60 days," Stokes said. "As of right now, (Melton) has his wits. He's not asleep, dead or crazy. He just had heart surgery, which did not affect his brain."

However, the law does not state that it comes into effect only after 60 days. Instead, it states that City Council can take independent action to appoint a mayor only after 60 days, unless the mayor is incapable of making the appointment himself. Again, the law states that the mayor will appoint "a member of council" to act in his place.

McLemore said he was astounded that Allen and Stokes were shirking their responsibilities as elected officials.

"The mayor is incapacitated. He had bypass heart surgery. He's not in Jackson now. He's not in City Hall; he's not in charge of this city. The intention of the Legislature was to have an elected official, and neither Mr. Walker, nor Ms. O'Reilly-Evans is elected. … Mr. President, how can you say it's not an issue when you just said you visited with him in a hospital room in Tyler, Texas?"

Allen grew incredulous: "If the mayor has heart surgery, and he's going to be back at work a week later, the intent of the law is to find someone to replace him?"

"The intent of the law was that the mayor designate someone to serve in his absence. The mayor is absent, and he is going to be incapacitated for several weeks, Mr. President," McLemore responded. "I don't know why we don't want to live up to our responsibility."

With Allen siding with Stokes, Councilman Charles Tillman and Councilman Frank Bluntson, opposition to the appointments is in the minority and cannot overrule Allen's decision to quash the topic—which he did at the Tuesday council meeting after Crisler, McLemore and Ward 7 Councilwoman Margaret Barrett-Simon repeated their concerns.

"OK, thank you. And now we go to (agenda) item No. 26…." Allen said on Tuesday, barely acknowleding the opposition.

Jackson resident LaRhonda Odom said she was furious at what she described as the council allowing the mayor to skirt the law.

"The mayor appears to be breaking the law, and he continues to just get away with it. The council just lets him get away with it," Odom said.

McLemore said he would ask Attorney General Jim Hood to interpret the statute, but Crisler said he had little hope that Hood would get involved.

"I don't think Hood will want to weigh in on this," Crisler said.

Previous Comments

ID

125149

Comment

Is anyone really surprised by any of this? The same three council people want to follow the laws, and the same four disregard the other three. Interpreting this statute isn't brain surgery. There are two parts basically. 1: The mayor apoints a city council member when he's "absent." Ok? Pretty straightforward. Now, part 2 is where the 60 day timer starts. IF the Mayor is unable for 60 days to appoint another council member, or, in the mayor's absence, cannot govern, then the Council will appoint a council member to be acting mayor. "Whenever the mayor shall be prevented by absence from the municipality, disability or other cause from attending to the duties of his office, the mayor shall appoint a member of the council to assume the duties of the mayor. However, any acting mayor so appointed shall retain his right to vote in the council. " "Whenever the mayor shall have been unable to attend to the duties of his office for a period of sixty (60) consecutive days for any of the above stated reasons, or whenever the mayor shall be incapable of making such appointment, an acting mayor shall be appointed by the council from among its members and said acting mayor shall succeed to all the rights, powers and duties of the mayor or the then acting mayor." lc

Author

LawClerk

Date

2007-01-30T19:44:17-06:00

ID

125150

Comment

Here is my post from the older thread... So, Marshand Crisler was just on Kim Wade to tell the listeners about the statute regarding absence of the mayor. Basically saying exactly what the state law says. So, then Ben Allen called in to say he is embarrassed that Marshand is making a big deal out of this and that Marshand is just pushing his personal agenda. Have you ever heard a parent talk down to a child? That is the tone Ben took with Marshand. Classy, real classy! Yet, what Ben doesn't tell you is that this morning he gave his opinion of the situation saying "he" didn't think it was a problem, that it amounted to "kicking ant hills" worrying about it, and calling it no different than being on vacation. Then when a caller said that a few other council-members would hurt their brain if they sat down... well the hardy laughs of Larry and Kent were intermingled with Ben faining laughter, "Aww, stop it now." So, why can Ben talk about it on the radio; but, if Marshand tries he is called out publicly by Ben Allen? Sounds like Ben's own personal agenda came through with his phone call this afternoon. Would have posted this here...

Author

pikersam

Date

2007-01-30T19:48:56-06:00

ID

125151

Comment

Well of course Pike as you know I was there. And let me tell you. Allen called right under the gun, otherwise some sparks were about to fly. Crisler's gonna be on tommorrow so I suggest you guys tune in.

Author

Kamikaze

Date

2007-01-30T19:52:54-06:00

ID

125152

Comment

When is the next council meeting? I think we should all go show up there and get on the agenda. lc

Author

LawClerk

Date

2007-01-30T20:06:14-06:00

ID

125153

Comment

It is not surprising Lawclerk.. not at all. Ben is so tied into special projects that he fears would lose support without a Mayor Melton, and the other three were bought years ago. So, the fact that 3 members, who all have honorable backgrounds (a soldier, a civil rights professor, and a lady) that actually want to follow the law isn't a surprise. What is a surprise is how brazen and bold Councilman Allen has become in protecting Melton. Really embarrassing if you ask me. To call out a fellow council member on the radio who is speaking to the listeners is bad sportsmanship. Period. I didn't hear Councilman Crisler say "Ben this, or Ben that..." while giving his explination for speaking up about the law.

Author

pikersam

Date

2007-01-30T20:07:56-06:00

ID

125154

Comment

When are elections for council members? I think the best thing would be to get some of these statements made from Allen et al, on tape and play them over and over again, until all Jacksonians see what kind of person he is, and that he should not be reelected. lc

Author

LawClerk

Date

2007-01-30T20:32:52-06:00

ID

125155

Comment

Isn't that July 2009? I like Ben, but the talk show thing sounds like a total 180 from everything else he has represented over the past six months or so. Won't criticize Melton for (allegedly) sledgehammering a house and allowing the beating of a suspect and pulling over school buses on I-220 and so forth because unity and a subtle approach is needed, but criticizing Marshand Crisler just because he wants to follow the fucking law? That's apparently no big deal. I'm so through with politicians. Seriously. McLemore, Barrett-Simon, and Crisler all strike me as good people, and I wouldn't make the accusation about Crisler that Ben did, but I've been burned too many times to trust anybody in elected office. Cheers, TH

Author

Tom Head

Date

2007-01-31T03:37:09-06:00

ID

125156

Comment

Wow, Tom and I agree on something...Politicians, for the most part are worthless...They tell you what you want to hear to get elected/re-elected and rarely follow through. On another note, If melton does get arrested, (he won') where are we going to put him?

Author

colby

Date

2007-01-31T11:56:29-06:00

ID

125157

Comment

I mean (won't)

Author

colby

Date

2007-01-31T11:57:03-06:00

ID

125158

Comment

The reason there is such agreement on the politician aspect, is that both sides of the isle lie. I've met very few honest politicians, because usually when they tell the truth, they aren't electable anymore. I would like the politicians to take lie detectors tests, or maybe have a little hat on with a lightbulb that lights up when they lie (but then I guess night would become day!).

Author

LawClerk

Date

2007-01-31T12:04:48-06:00

ID

125159

Comment

Agreed...Slide me my shades LawClerk.

Author

colby

Date

2007-01-31T12:13:48-06:00

ID

125160

Comment

Thought I'd post this story from WLBT. Appears that another wanted felon by the US Marshalls was looking for Melton to turn himself in: Staffney told Ballou, "..he said he was looking for the mayor. He didn't know the mayor wasn't here because he's been on the run and he was looking for the mayor to see if he could get a fair shake." Ahh, nothing like living in one of fifty capital cities where, unlike the other 49, the mayor is revered by criminals. Jackson Police chief Shirlene Anderson explained how Linson got off the murder charge saying, "...as the facts are told to me, the witness in that particular case recanted their testimony and so therefore we didn't have a witness in the case that was willing to come forward and so the charges were dismissed at that time.." In fact, WLBT has learned Linson has an extensive record of run-ins with the law here in Jackson and in Madison county. Ballou asked Chief Anderson if Jackson streets are a little safer with Linson's arrest. Waiting on NJam/SafeCity outrage in 3, 2, 1.... silence

Author

pikersam

Date

2007-01-31T12:46:05-06:00

ID

125161

Comment

from the article... "Linson was escorted by Anthony Staffney, a former gang member once charged with murder and cleared, who now works for Jackson mayor Frank Melton. " doesn't that say it all.... Too many things to post in response. Query, does one have to pass a background check to work for Frank Melton? What, per se, would make someone un-hirable (sp) in "his" eyes? Excuse me while I vomit.

Author

LawClerk

Date

2007-01-31T13:17:50-06:00

ID

125162

Comment

Bo Brown is setting everybody straight right now! Leave to a statesman like Harvey Johnson to make Bo mayor while he was in surgery. He was a stickler for the law! Why so many white jacksonians hate Johnson for being a middle class, honest citizen is disturbing. Instead they have traded a bit of greed for the Mill St. Posse and the likes of Hickinbottom, SORE, and street gangs! Nice going, meltonites!

Author

pikersam

Date

2007-01-31T18:48:41-06:00

ID

125163

Comment

"Linson was escorted by Anthony Staffney, a former gang member once charged with murder and cleared, who now works for Jackson mayor Frank Melton." This deserves a re posting.... Seriously what does it take to work for Frank. Apparently a Felony Conviction (not Linson, another Frank lackey) or charge doesn't ruin you. We used to laugh at Lousiana being a third world bananna republic run by felons and theives. Now they are all laughing at us. I am SO glad I have an interview with a Nashville firm this week. Count another young professional ready to give up on Jackson and head to greener pastures. I so want this city to be great, but even when looking to buy another house, my wife, an urban pioneer in Atlanta, said "I just worry this area will not prosper or grow. Have you seen the leadership. At least in Atlanta, you knew there was a plan or at least decent people in charge... here is a joke. I even wonder about our Belhaven house" AGamma627

Author

AGamm627

Date

2007-02-01T01:18:48-06:00

ID

125164

Comment

I think the proper quote of 21-8-19 is "shall appoint a member of the council to assume the duties of the mayor" not "shall appoint member of city council ...." Why are we always leaving the "the" off from the city council? It makes it sound like some weird medieval monastic order, which, now that I think of it, is about how well it functions. At any rate, isn't this just another indication of the toothless nature of the legislative branch of the city government. Maybe the state legislature can come rescue Jackson with a bill to to make 21-8-19 "double plus good" just so the mayor knows we "really, really, really" mean it. After all, the council requires an AG opinion to tell it to hire a lawyer, a chancellor to tell it that it can sue to enforce its right of confirmation, and, apparently, a boss hogg of a mayor to tell it who its new overseer is going to be. Here is a silly notion, appoint an interim mayor under the third sentence of 21-8-19 since the mayor is obviously "incapable" of making the appointment specified in the first sentence. They obviously don't have the votes to do that though.

Author

Niles Hooper

Date

2007-02-01T23:48:13-06:00