Selectmen: It was wrong to take Mayor’s powers

Written by admin on August 23, 2009 – 5:08 am -

Johnson and Smith says it is unfair, it’s wrong

By Lonnie Ross
Mississippi Tribune

August 21, 2009

 

On June 9th of this year, the McComb city board of Mayor and Selectmen, by a 4-2 vote, approved a proposal to amend the city ordinances to give the mayor’s power and authority to the city administrator. This included an amendment that transferred the mayor’s authority to recommend his choice for city administrator to the selectmen.

 

On July 28th, they appointed Quordiniah Lockley as city administrator and bestowed the mayor’s powers on him. Three of the six selectmen on the McComb city board responded to questions by the Mississippi Tribune about the recent passing and enactment of amendments to the city ordinances that stripped the Mayor of his powers and authority.

 

Only one of the four selectmen who voted in favor of these changes participated in the interview, Selectman Robert Maddox.

 

E.C. Nobles indicated that he would talk to the Mississippi Tribune if his lawyer was present. He returned a call the next day to announce that his father, Michael Nobles who is also the owner of the business he works at, Nobles Brothers Cleaners, told him to tell this newspaper not to call his place of business
unless it is a business related call (for dry cleaning services). Nobles also referred the newspaper
to his lawyer, Dennis Horn, stating that he would not be answering any questions because of the pending lawsuit filed against him and the other three selectmen who approved and filed the amendments.

Nobles was asked if he took Enterprise Journal calls at his job. He deferred to his lawyer and ended the call.

 

Horn called back and stated that he had advised all of his clients not to talk to the press or to say anything because of Patterson’s pending lawsuit. He said that everything those selectmen do from this point
on will be under scrutiny and could be used against them during court proceeding related to the lawsuit.

 

Selectman Danny Esch said he was in class each time he was contacted and said that he would call back. He never called back.

 

Selectman Wade Lamb said that he was in a meeting when he was contacted and asked to be called back in a half hour. He has not answered his phone over the past two days since the initial contact.

 

All of the selectmen were asked the first question: Why the amendments? Why was this done?

Only three answered, Maddox, Robert Earl Smith and Melvin Joe Johnson.

 

When asked why was this done, Smith said “I’m not sure. The majority of the board felt that he (the mayor) should not have the power to supervise those employees, even though previous mayors had those powers.”

“I voted against it. I felt that we were changing the charter. To do that we have to go through the process of going to the governor, the attorney general, and the voters” he said.

 

“These powers are part of the charter. I’m sure those selectmen who wanted this change sat down with the lawyer to make sure they could do it this way. They felt the power should be with the board and the City

Administrator” Maddox said “That’s the way it reads on the books. That’s what needed to be done.”

Johnson said “I think that it was personal. Some of the selectmen have shown when you look back at the issue of the residential status, they made remarks that they didn’t trust the mayor. This is the best mayor
that I have seen who has accomplished a lot since I’ve been there. Some people don’t want change. Most of what was done should have gone to the voters who elected this board. This time around the police and
fire chiefs did not go through the civil service process, not this time like before. Jack Ryan said that they have the votes to do this. We had a vote where we voted 3-3 and the Mayor broke the tie, then it was voted again and Robert Smith changed his vote due to influence of others (referring to the police chief)  reinstatement vote)”.

 

When asked if they were concerned about legal ramifications, Smith said “A judge is going to have to make a decision on this. I’ve been on the board for 16 years prior to this term. I was always under the belief that those powers were under the city charter and my interpretation is that it would change the structure of the charter and that is why I voted against it. It’s not changeable by amendments of city ordinances. And, I still feel that way.

 

Maddox said that he has no concern right now.

 

Johnson said “It was sad, the attorneys that draft up these plans with those selectmen. I don’t understand all of the legal ramifications or if it is legal. And I don’t think it’s fair. For example, Lockley and his lawyer
struck a deal with the city that they would drop the lawsuit against the city if he were hired as City Administrator for a year at a salary of $69,000. Then, after he was hired he and his lawyer came back and
said that they want the city to pay the lawyer’s legal fees of $7,000 plus and Lockley’s insurance
costs of another $319 per month or over $4,000 total. This is unfair.”

 

When asked if this action is just for Mayor Patterson or will this continue for all future Mayors, Smith said

“A judge has to make that decision ultimately, because any board can do that. That is, every time you vote in a new board, they can change the powers of the Mayor the way they want them.”

 

Maddox said “I don’t know. No one has spoken on this issue. No further comment.”

 

Johnson said “It appears to be an act just against Mayor Patterson, and it is a possibility that it could be changed when he leaves office”.

 

When asked is this fair, Smith said “It was a weak form of mayor to begin with and it is weaker – weaker now. It may or may not be legal. But it is not fair. Slavery was wrong, but it was legal. The intent of the citizens in the beginning was for the Mayor to operate with the powers that was already in the
beginning, it was never questioned in the beginning. The system was pleasing the majority of voters of McComb, and it never came up ‘let’s take these powers away’. Poll taxes were legal but it was not fair. Blacks were denied the vote, but it was legal. It’s not fair. What has been done has not done anything
to advance McComb.

 

Maddox said “Yes, because those powers have been with the CA who has that authority. Someone has to make the decision. At this time yes it’s fair, next week maybe no.”

 

Johnson said “It is unfair”.

 

When asked do you think this happened partially because he is the first Black Mayor, strong willed,
and an agent for change, Smith said “He was voted in by Blacks and whites. I don’t criticize anyone who is pushing progressive change. I don’t necessarily agree with all of the ways he tried to bring about change.
People don’t like change and he upset a lot of people. Did race have a lot to do with it? I hope not, but it’s possible. Deep down, I hope that he is successful. It will pave the way for other minorities to run for office
and run city government.”

 

Maddox said “No, I don’t believe those were factors. I don’t know how the others feel about.”

 

Johnson said “Whenever you get the first Black, just look at the president. Both races, some are jealous and not ready or wanting change. Patterson is a great leader. I have watched him. He is an excellent leader.


He is the right man to move the city of McComb forward.” When asked the question:

 

“What if it were you and they took away your power and authority like this?” Smith said “If I came into that position with a level of expectation and the authority I would have, and this was done to me, I would not want that position: I wouldn’t like it at all. I would expect to have what the previous administration had and nothing less. No, I wouldn’t like this at all if I were mayor.”

 

Maddox said “First, you couldn’t give me that job. I believe in not getting personal with anyone,

keep it on a nonpersonal basis, then I think it is fine. If they got personal and it wasn’t based on what is best for the city of McComb, then I would be concerned about it. I’m 78, going on 79 years old and I operate this way. I don’t know all the answers”.

 

Johnson said “I would seek legal advice, go to the attorney general and to the governor, I would pursue it to the best of my ability, because it is wrong. Freedom is not free, but if you do the right thing it should work out in the end”.

 


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