City Council Votes 'No Confidence' on City Attorney | Jackson Free Press | Jackson, MS

City Council Votes 'No Confidence' on City Attorney

City Council cast a vote of no-confidence in City Attorney Sarah O'Reilly-Evans at the May 22 council meeting, saying O'Reilly-Evans acts as if she works for the mayor rather than the city. "I've heard you say you work exclusively for the executive branch, and I know that's not the way state law has set that up," Councilman Marshand Crisler said to O'Reilly-Evans.

The council based its resolution on two incidents this year. In February, O'Reilly-Evans refused to offer legal advice on the mayor's decision to create a new department for Ramie Ford so Charles Melvin could take over parks and recreation. During that incident, the council went into closed, executive session on the legality of the new department, but the city attorney walked out of the meeting and instructed her staff to withhold information, council members say. O'Reilly-Evans said then that she walked out on the instructions of Melton.

The council also called out O'Reilly-Evans for offering legal advice that apparently contradicts state law regarding the mayor's attempts to supplant city department heads with employees in the Administration Department. Council members assert that O'Reilly Evans advised them that it was legal for the city to run departments through the Administration Department.

During discussion of the resolution, Chief Administration Officer Robert Walker urged council to go into executive session, where the public could not hear deliberations.

"Is this not a personnel matter?" Walker asked. The Open Meetings Act allows government bodies to go into executive session to discuss personnel issues, but that provision is not mandatory. Furthermore, the act encourages open meetings whenever possible.

Council President Ben Allen, who supported the resolution along with council members Leslie McLemore, Margaret Barrett-Simon and Crisler, said the issue was already out in the public forum and merited public discussion.

O'Reilly-Evans characterized the resolution as "the continuing slander, defamation and harassment of the last few months." She said the council's interpretation of her withholding counsel in February is "an untruth," and she said the council resorted to "harassment and defamation" because it did not have the power to fire her.

Councilman Kenneth Stokes, who called the resolution a "personal attack" on O'Reilly-Evans, offered three motions to amend and soften the resolution. The four-member majority that sponsored the resolution struck down all three amendments.

Stokes warned that the resolution, which accuses the attorney of failing to follow state law, could potentially impact O'Reilly-Evans' status with the state bar. Councilman Frank Bluntson, a stalwart supporter of both O'Reilly-Evans and the mayor, asked Stokes what recourse the attorney could have against the "misinformation" in the resolution language, at which Administrative Assistant Stephanie Parker-Weaver called out, "Sue them," from the audience.

When Parker-Weaver shouted out the statement a second time, Allen called for quiet, telling Parker-Weaver, "You know better than that." Allen threatened to clear the chambers.

The resolution passed with a 4-to-3 vote. Members say the vote is intended to send a message to the Melton administration.

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