Lawsuit: Lauderdale County neglects legal requirement

Published 5:00 pm Thursday, November 30, 2017

Three Lauderdale County supervisors on Thursday were served with a lawsuit alleging they have failed to publicize an “itemized statement” of action taken during official meetings.

According to the complaint filed in Lauderdale County Circuit Court, District 1 Supervisor Jonathan Wells, District 3 Supervisor Josh Todd and District 4 Supervisor Joe Norwood and other unnamed entities are listed as defendants in the suit, which was filed by local attorney Stephen Wilson on behalf of resident Tommy Williams.

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The complaint says that, according to Miss. Code Ann. 19-3-35, some of the items in the statement should include all relevant information relative to service contracts, expenditures, leases and the sale of goods, services and products. That information must be printed in a newspaper published in the county or the state within 15 days after adjournment of each board meeting.

Board attorney Lee Thaggard on Thursday said the complaint is vague at best.

“The complaint that only three of the board members have been served with doesn’t indicate what they did wrong,” Thaggard said. “There are no factual allegations in the complaint — it’s just a quotation of the statute with the assertion that the defendants have failed to comply. The plaintiff has a greater obligation than that to assert what the defendants have done wrong.”

Thaggard also said his firm will “be filing a quick motion to dismiss.”

Todd declined to comment, referring all questions to Thaggard.

“We don’t even know what three of us did that five of us didn’t do, so were going to let Lee handle that,” Todd said.

Williams said Supervisors Wayman Newell and Kyle Rutledge were not included in the complaint because they “have been more transparent and have frequently been excluded from conversations that the other three had.”

“[The defendants] have been more guilty of [wasteful] spending when it is unjustified and too exorbitant and too frequent,” Williams continued.

According to the law, if “any member of a board of supervisors or the chancery clerk shall fail, refuse or neglect to comply with the provisions of this section, he shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than $500 for such failure, refusal or neglect for each offense and… shall be liable to a penalty of $500 recoverable on his official bond by suit filed by any county or district attorney or any interested citizen…”

This is Williams’ seventh pending case against the board of supervisors.

In January 2015, the board was hit with a violation of the Open Meetings Act by the Mississippi Ethics Commission. The complaint was brought by Williams, who alleged supervisors had illegally met before an official meeting. Williams said board members were guilty of what is commonly referred to as a “rolling quorum,” where supervisors meet two at a time to avoid a quorum.

The board has appealed the ethics commission’s decision. Meanwhile, Williams has filed a motion to consolidate five civil action cases against the the Lauderdale Board of Supervisors. Williams’ cases involve the board’s alleged misuse of parts of the $14 million bond issue from April 2013.

Prior to this complaint, Williams’ most recent civil case, filed June 15, concerns an action by the board on June 5 to “approve a final payment of $12,920.70 to supplement previous payments totaling $492,207.42 for a total amount paid to Joe McGee Construction Company, Inc. of Lake, Miss., from the bond issue passed by the Board of Supervisors on April 1, 2013 of $505,128,12,” according to Williams’ filing. Those funds were used to construct a baseball field.