0

Upper Level Attorney Claims Melton Intoxicated on Job

Sept. 7, 2006

*Web Exclusive*

Photo: Upper Level owner Sandra Moore Johnson, left, and her attorney Sharon Gipson speak to reporters outside the club Thursday.

The Mississippi Magnolia Bar Association, the ACLU and attorneys for the owners of the Upper Level Club called Melton's recent behavior, especially the recent assault on manager Tonari Moore, "terrorist acts" at a press conference outside the Northside Drive nightclub today. They called on government leaders, such as Attorney General Jim Hood and council members, and even local churches, to rally efforts to investigate the alleged incidents of misconduct committed by the mayor.

Owners of the club claim Melton and police officers began casing the place in August, in violation of an agreement the club reached with the city last year. Attorneys filed a motion for contempt against Melton in July, though the motion has yet to have a hearing. In the meantime, owners and some patrons have made a habit of filming city police in the club, hoping to catch city infractions of the agreement. On Aug. 27, they claim they got their wish when members of Melton's ever-present entourage beat Moore while in handcuffs near the city mobile command unit.

ACLU Executive Director Nsombi Lambright accused the mayor of violating the Bill of Rights.

"We're here today in support of the Moore and Johnson families as well as other families in the city who have been terrorized by the mayor and Jackson police," Lambright said. "The 4th, 5th, 6th 8th and 14th Amendment (of the Bill of Rights) guarantees against unreasonable search and seizure, the right to due process of law and to be free from cruel and unusual treatment."

Melton denies the assault, claiming that his bodyguard, JPD Detective Marcus Wright, merely restrained Moore after he ran from police. Moore's attorney Sharon Gipson pointed out numerous holes in Melton's past explanations of the incident, however.

"Witnesses have come forward claiming that … one of the persons on the command unit was a deputy sheriff. Later we found out that that was not true—or should we say a lie? We found out that he stated to some papers that he cannot remember who was on the bus, although this just happened over a week ago. At the same time we've had witnesses stating that he was intoxicated when these events occurred. Maybe that's why he can't remember … but the point is this was a night of terrorism and it must be stopped," Gipson said.

Watch for further updates. Brian Johnson contributed to this report.

Previous Comments

ID
123171
Comment

They had better be pressing charges, which I think WAPT said they were, to come out this strong. Chalk up another MS Code violation if he was. I sure hope that his handlers don't think a little Betty Ford will fix all his ills.

Author
pikersam
Date
2006-09-07T18:58:37-06:00
ID
123172
Comment

Anyone that has been in close contact with Melton can probably tell you of a familar aroma that is ever present about the mayor. On more than one occassion I have wondered myself if he had been under the influence when I came into contact with him. It certainly would put his actions in a better perspective. However, it is absolutely NO EXCUSE for a public official to be under ANY influence when in their official capacity with the exception of prescription medication. I can't wait to hear his explaination for this one. He probably will say that someone spilled their drink on him and his shirt hadn't completely dried out. He may even say that he was not at the Upper Level or at the house that was vandalized. It was his evil twin that always follows him and gets him into trouble. I mad those foolish statements to make a point............ Melton's actions are equally as foolish and should be dealt with accordingly.

Author
lance
Date
2006-09-07T19:51:57-06:00
ID
123173
Comment

They don't have to "press charges," remember. That's kind of an antiquated, TV cop-show phrase. When someone commits violent criminal acts and there are witnesses, the victim does not need to press charges. For obvious reasons—what if the victim is intimidated? Either it's a criminal act or not, and I personally am tired of the apologist rhetoric emanating from Mr. Melton's apologists that if the victims don't press charges, they should shut up. Talk about passing the buck. And not understanding what they're talking about. It's funny—I don't ever recall hearing one of the N-JAM loudmouthes, or their chosen elected officials, talking about only going after the "thugs" they know about so intimately if the victims "press charges." It's an excuse, and it's transparent. This case is really showing people's true characters. Also to Mr. Allen: If these crimes are not any of Council's business, then half that crime-obsessed crap you and Larry go on and on and on about on talk radio is nothing of your damn business, either. You can't have both ways. Either you care enough to speak out and call for a thorough investigation of CRIME in Jackson, regardless of who commits it, or you don't. It's time to stand up against lawlessness.

Author
DonnaLadd
Date
2006-09-07T21:15:24-06:00
ID
123174
Comment

Donna, when the N-JAM crew talks about crime, do you really think they're talking about crime? Cheers, TH

Author
Tom Head
Date
2006-09-07T22:17:02-06:00
ID
123175
Comment

There are two questions re: Evans Welch that have really been bugging me. One of the trivial charges against him is for a traffic violation. I was told by a member of my family...who knows Evans and Evans' father...that Evans doesn't own a car, and he was told by Mr. Welch that Evans hasn't had a driver's license for 8 or 9 years. ( I think probably due to his mental disability) I don't think Evans was driving the night he was visited by The Sledgehammer Gang. Seems to me, neighbors have reported that Evans was standing out in the front yard that night, watching helplessly, as his home was bashed in. Also, every time I've heard Evans' mother interviewed about phone calls to her from Evans, Evans ALWAYS refers to Melton as 'Mr. Frank' or 'Frank'. ie: (this isn't verbatim) 'Momma, Frank is tearing up the house. Call the rent lady.' and 'Momma, Mr. Frank hit me with a hammer'. I just have to wonder if Melton knows Evans. If so, in what capacity? I've heard rumors that Frank may have his own little drug cartel. Is it possible that Evans could have been involved somehow with the cartel, and he did something wrong that he was being punished for that night? No way to ask poor Evans since he was whisked away to jail and not allowed to see anyone from the outside...including his parents.

Author
JAR
Date
2006-09-07T22:25:16-06:00
ID
123176
Comment

Pfft. I've hear plenty of rumors about Frank. One favorite among ex-coworkers who lived over near Georgetown being that Frank had multiple Lady Friends. I'm not impressed with rumors of drinking/being drunk. I'd like to see solid evidence.

Author
Ironghost
Date
2006-09-07T22:30:05-06:00
ID
123177
Comment

If indeed, Melton's got some involvement with drugs, could that help to explain his erratic behavior? Could he have been hopped up himself that fateful night, when he and his cohorts allegedly arrived at the football game around 8 P.M. (he was 'booed' that night, too), then went over to Ridgeway to 'hammer', then went to the hospital with cut hands ( and reportedly took the time to call the CL to tell them that he'd cut his hands while chasing drug dealers on Ridgeway.. that got way), then went back to Ridgeway to 'hammer and arrest', then went to The Upper Level Nightclub, then rode in the ambulance with the manager of the nightclub, who claims he was beaten while in handcuffs. Phew! That's a lot of activity for one night! Unless, possibly, you're speeding on something. Of course, Melton claimed that the night club owner was never touched. Then why was an ambulance called to take him to the hospital? And WHAT did Melton say to him while they rode in the ambulance?? ..Keep quiet, or I'll hit you with my sledgehammer, comes to mind. The ACLU has said that the nightclub patrons are reporting that Melton was drunk that night... or was he partaking of his own stash??? What do you think, Ben Allen?? Who's going to the Council Meeting this Tues? I'll be there.

Author
JAR
Date
2006-09-07T23:07:21-06:00
ID
123178
Comment

Ben and Larry said they were going to join this site ? What happened? I know Ben is busy but is he too busy to joing the blog and give us the reports he promised? Now that larry has a new buddy did he decide not to join the this sight because he knows he will be hit with a "Sledhammer" LOL Both of them are pathetic and very very small minded. IMO if the drug houses were hit in Northest Jackson they would be singing a different song. This whole new mess has made me sick.

Author
jada
Date
2006-09-07T23:14:51-06:00
ID
123179
Comment

Rumors are often times based in truth.

Author
JAR
Date
2006-09-07T23:23:08-06:00
ID
123180
Comment

Speculation without evidence is pointless. We all know Frank's erratic, we have tons of proof on that. Unless some of his buds from Wood Street are willing to provide proof, we're limited to round after round of debate. I mean, I wouldn't be surprised, but...

Author
Ironghost
Date
2006-09-08T06:25:55-06:00
ID
123181
Comment

I dunno, Iron. If we get enough witnesses ready to stand up in court and say "he was intoxicated", that'll be proof enough for me. It's a sad state of affairs when I'm more willing to accept the word of random, unnamed people hanging out at a bar at 2 am than I am to accept the word of our Mayor. I mean, who has been publically and stupidly lying his ass off for the past year and a half?

Author
kate
Date
2006-09-08T08:21:55-06:00
ID
123182
Comment

The victims don't have to press charges but it would help if they did because victims usually make strong witnesses. Usually but not always. Hopefully there are other credible eyewitnesses. I'm hearing the so-called eyewitnesses to the house destruction don't want to get involved. They can be subpoenaed to testify but a smart prosecutor would talk to them ahead of time in order to decide if they credible, have too many skeletons in the closet, or had the vantage point and condition to see/hear, and are able to tell what they saw and heard in a credible and convincing manner. This is often where cases break down. Let's face it people, there are skilled criminals - people who plan the crimes and pull them off in ways that make it hard to prove their guilt. Frank is apparently of this type. Likely somebody is shooling him on the law so that he stays close to the line and makes it difficult for prosecutors to make anything stick against him. And maybe he;s not as dumb and crazy as he acts. Surely none of us believe the later. And shocking to us all, he has relationships with or goods on councilpersons that are keeping them at bay too thus far.

Author
Ray Carter
Date
2006-09-08T09:09:08-06:00
ID
123183
Comment

Ms Ladd, I resent the statement about someone being a Melton apologist if someone doesn't press charges etc. I want them to press charges because it builds a stronger case against Melton. It takes it from the minds of some people a case of sour grapes to a case of possible criminal misconduct against the mayor. It helps if you start getting this stuff out in courtroom testimony and putting people under oath. I wonder how many people will commit perjury for Melton. There is also the little matter of depositions, they can be such wonderful tools. ray is right and not everyone why says they should sue or file charges is a Melton apologist looking to excuse his behavior.

Author
Kingfish
Date
2006-09-08T09:18:31-06:00
ID
123184
Comment

Kingfish, my read of what Donna posted is that Melton apologists are saying their hands are tied if vicitims don't press charges. Not that wanting victims to press charges makes you an apologist.

Author
kate
Date
2006-09-08T09:25:43-06:00
ID
123185
Comment

I viewed Donna's comments the same as Kate does.

Author
Ray Carter
Date
2006-09-08T09:48:32-06:00
ID
123186
Comment

I stand corrected. I'll take my azz whipping on this one. ;-) here is a stupid crook story in New Orleans. http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-6/1157696245239090.xml&coll=1

Author
Kingfish
Date
2006-09-08T09:57:42-06:00
ID
123187
Comment

Ray Carter says, "Let's face it people, there are skilled criminals - people who plan the crimes and pull them off in ways that make it hard to prove their guilt. Frank is apparently of this type. Likely somebody is shooling him on the law so that he stays close to the line and makes it difficult for prosecutors to make anything stick against him." I don't agree. I think he targets the poor and uneducated -- people who are ignorant of their rights and have no idea that a constitution even exists.

Author
blu_n_a_redstate
Date
2006-09-08T11:52:23-06:00
ID
123188
Comment

blu_n_a_redstate you could be right. However, I promise you there are dumber ways to do this than what Frank is doing. We may soon learn who is correct. Actually, likely, both scenarios are correct.

Author
Ray Carter
Date
2006-09-08T11:59:13-06:00
ID
123189
Comment

Guess whose back? El Canario! Sounds like Jackson is letting the inmate run the asylum. LOL Mr. Meltons tough talk and tactics are starting to play out like those of our Commander-in-Chief. The two of them are both starting to look a bit silly aren't they. "A night of terrorism" "terrorist acts" Terms like these are being thrown around far too frequently in our society today. In the words of author Nathan McCall: Makes Me Wanna Holla! Peace

Author
El Canario
Date
2006-09-08T12:59:26-06:00
ID
123190
Comment

Does anyone know how much the police chief is paid and how much it costs to operate and run Frank's Mobile Command Center?

Author
blu_n_a_redstate
Date
2006-09-08T15:52:23-06:00
ID
123191
Comment

Does anyone know how much the police chief is paid and how much it costs to operate and run Frank's Mobile Command Center? -blu_n_a_redstate If memory serves me correctly, our police chief's salary is around $118,000. You should be able to get this information through open records. (good luck!) The MCC is a different issue. I believe that the unit was purchased through a federal grant for purposes of which it seems not to be used for. I am not sure that the terms of the grant is public record, or if it is accessible to the public. The normal grant writing process requires that you give very specific information of the intended use of said item, as well as a breakdown of annual costs to the city. I will ask around and see I can get some more concrete numbers.

Author
lance
Date
2006-09-08T20:30:52-06:00
ID
123192
Comment

According to the MS Code the budget must be published, we should be able to discover some of the answers at that time. SEC. 21-35-5. Preparation and publication of annual budget. The governing authorities of each municipality of the State of Mississippi shall, not later than September 15 each year, prepare a complete budget of the municipal revenues, expenses and working cash balances estimated for the next fiscal year, and shall prepare a statement showing the aggregate revenues collected during the current year in said municipality for municipal purposes. Such statement shall show every source of revenue along with the amount derived from each source. Said budget of any municipality of one thousand five hundred (1,500) inhabitants or more, according to the last preceding federal census, with said statement of revenue and expenses, shall be published at least one (1) time during September of said year in a newspaper published in such municipality or, if no newspaper be published in such municipality, in any newspaper published in the county wherein the municipality is located. In municipalities of less than one thousand five hundred (1,500) inhabitants, according to the last preceding federal census, as many as three (3) prepared statements of said budget shall be posted in three (3) public places in said municipalities. Prior to the adoption of a budget pursuant to this section, the governing authority of each municipality shall hold at least one (1) public hearing to provide the general public with an opportunity to comment on the taxing and spending plan incorporated in the proposed budget. The public hearing shall be held at least one (1) week prior to the adoption of the budget with advance notice and held outside normal working hours. The advance notice shall include an announcement published or posted in the same manner as required for the final adopted budget. SEC. 21-35-33. Penalty for violation. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and punished as provided by law, which shall be in addition to any other penalty now or hereafter imposed by law.

Author
malt
Date
2006-09-08T21:04:46-06:00
ID
123193
Comment

The chief makes $114,321.12 a year, according to the full list of city employees and their salaries we finally got from the city months after requesting it. Want to know anyone else's salary. (Carolyn Redd makes $73,816.08 a year.) Still working on Command Center costs.

Author
DonnaLadd
Date
2006-09-08T21:10:32-06:00
ID
123194
Comment

Thanks Ladd for those numbers. Now let's do a little addition. If we add up the salaries of the two leaders of the department of public safety (police and fire) we should come just short of $200,000. Have we gotten $200 worth of service from either of them? The mayor is embattled. The police chief is embattled. The fire chief is embattled. Now if you really want to get sick just add in Melton's salary of $120,000 and we are slightly over $300,000 for three idiots. This is over a quarter of a million dollars that is being wasted of the city's budget. Why not pay these three on a commission based pay scale and see if they will stay. Let the public decide how much they are really worth each month when they receive their paychecks. Then I wonder how long that they will stay in their positions. If they really want to see this city move forward, then they should either earn their pay, or step aside and prove to us that it's not all about themselves.

Author
lance
Date
2006-09-09T05:49:07-06:00
ID
123195
Comment

"Want to know anyone else's salary." Yes, I would like to know how much the Division Manager of Transit Services is making. I would also like to know how she can hold down a similar job in Vicksburg, work for Jackson part-time and still be on the Jackson payroll.

Author
realtime
Date
2006-09-10T16:50:17-06:00
ID
123196
Comment

Kudos to lance and ladd for info on the salaries of both the Mayor and police chief. What a waste! Also looking forward to the release of SEC. 21-35-5. Keep your fingers crossed though, because this document probably will never see the light of day (without a court fight) if Melton has anything to do with it.

Author
blu_n_a_redstate
Date
2006-09-11T11:47:29-06:00
ID
123197
Comment

This is a great on-line paper. Very informative. If it were not for JFP, certian stories would not be touched by our so called mainstream media here in the capitol city. Thanks for ruffling their feathers JFP. But it's difficult to find JFP around Jackson. Thanks for offering it on line.

Author
blu_n_a_redstate
Date
2006-09-11T11:49:40-06:00
ID
123198
Comment

Actually, blu, we're in more than 400 locations throughout Jackson and the metro. What part of town are you in, and we can tell you where to find it. Also, we welcome ideas of local businesses that would distribute the paper. Always looking for good new spots. The other tip is to look for the paper on Thursday and Friday. We've gotten so popular that many racks are going dry by the weekend, and we don't have papers to refill them. Otherwise, thanks for your great comments. A large part of our mission is ruffling feathers and shaming the mainstream media into doing a better job! ;-D

Author
DonnaLadd
Date
2006-09-11T11:57:02-06:00
ID
123199
Comment

I work downtown. I have picked up the JFP outside the Public Access TV office (from a rack inside the building) on several occasions, but have not seen it in a while. Do you still deliver it there?

Author
blu_n_a_redstate
Date
2006-09-11T12:23:25-06:00
ID
123200
Comment

Yes, but I think that rack got moved during some construction. It's a big spot for us, though. I'll ask Todd about its status. Also, you can get the paper right in front of that tiny little cafe cabin -- what's it called, y'all? -- on the corner of Capitol and, uh, I'm brain-dead today; someone help me out. Also, we have a box on the corner in front of the Marriott and numerous other street boxes downtown. It shouldn't be hard once you know where to look. But, again, get to it before the weekend to be sure you get a copy.

Author
DonnaLadd
Date
2006-09-11T12:33:05-06:00
ID
123201
Comment

The rack in the downtown garage is still there, but it's outside the door on the One Jackson Place side of the building (at least, it should be). Also, the box Donna is talking about is at Lamar and Capitol, outside the little hut...I don't remember it's name, either. And there's another box at Amite and Lamar, although that one tends to go pretty quickly...Plus the rack at Cups in AmSouth Plaza...the box on Capitol Street outside the AmSouth Plaza entrance... :-)

Author
Todd Stauffer
Date
2006-09-11T12:35:50-06:00
ID
123202
Comment

Thanks for those rack locations. By the way, I went into the WAL-Mart on Hwy. 18 on Saturday (Sept.9) and saw one of those HUGE, green, free paper racks Donna's been informing us about. Man, that thing is huge! It almost startled me. I am certain they just put it there, because it was not there last week. It sits on the right wall of the left entrance. I walked up to examine it, and of course, it did not have JFP inside. It appeared to be fully stacked with every other free paper, and no one seemed interested in taking any of them. Went back Sunday--same thing. What a waste. Smart move JFP for not falling for that trick.

Author
blu_n_a_redstate
Date
2006-09-11T14:59:12-06:00
ID
123203
Comment

No, we're not idiots, blu. We equate going into that box with committing distribution suicide. (Did you try to open the bottom two doors?) My theory is that they're not particularly interested in getting their papers picked up; they seem more focused on getting ours (meaning all of its competitors') off the streets. Then maybe folks would care more about the daily again. (Fat chance.) Just my personal theory, of course. I don't go to Wal-marts ever (and have no desire to distribute there), but I'd guess that most of the publications in them are Gannett-owned. That's the case all over town. In their full-page ad last week, The Clarion-Ledger ran a picture of the green monster -- with all their own publications in it! Silly Goliath, tricks are for kids.

Author
DonnaLadd
Date
2006-09-11T15:05:33-06:00
ID
123204
Comment

No, I did not try to open the door. Like the others, I was not interested in what was inside. If you are going to distribute free papers, I think an open, unobtrusive rack makes more sense. I think people natrually assume that when they see reading materials locked up that way--especially inside that HUGE, green box, they assume you probably have to deposit coins to get what's inside. Therefore, they walk right past it.

Author
blu_n_a_redstate
Date
2006-09-11T15:19:31-06:00
ID
123205
Comment

I know. I'm not a huge fan, either. Fortunately, our red MIPA box is a bit more approachable (and the doors work well). We'd still prefer our original scenario of individual racks and boxes, but The Clarion-Ledger came in and selfishly changed the rules of the game, costing us much time and money in order to compete. Too bad they weren't just willing to play fair and compete fair and square like the rest of us. But you know the Gannett Corp. I truly don't think The Clarion-Ledger understood the depth of support out there for the JFP and other local publications. They misjudged the market, and residents' disgust with attempts to cheat, on this one. Anyway, we should probably take this back to a thread about the Ledger's TDN scheme. I just noticed that we're squatting a Melton thread. Thanks for your comments, though.

Author
DonnaLadd
Date
2006-09-11T15:25:49-06:00
ID
123206
Comment

The comments under that are delish as well, Pike. I hear some N-JAMmers went to UMC for choking on their own words this weekend. But that's just one of many, er, rumors going around today. ;-D

Author
DonnaLadd
Date
2006-09-11T15:38:34-06:00
ID
123207
Comment

Is he about to resign? There is something on the Clarion Site right now? Crisler is saying something. I don't know!

Author
ATLExile
Date
2006-09-11T15:58:51-06:00
ID
123208
Comment

That is one of the rumors. Not the only one, though. Otherwise, I cannot tell you everything I know. Sit tight.

Author
DonnaLadd
Date
2006-09-11T16:02:58-06:00
ID
123209
Comment

There is something on the Clarion Site right now? ATL There WAS something... it is gone now. I read it just 10 minutes ago! Closed door session, discuss Jackson's future...etc....

Author
pikersam
Date
2006-09-11T16:09:45-06:00
ID
123210
Comment

nothing on tohe CL site

Author
Kingfish
Date
2006-09-11T16:09:59-06:00
ID
123211
Comment

That's crazy. Where did it go? From that link: Allen said he had lunch this afternoon with Ward 2 Councilman Leslie B. McLemore and Ward 7 Councilwoman Margaret Barrett-Simon. “What we talked about is none of your business,” he said. “We discussed a myriad of issues.” Now, is THIS true? Someone pull out the public-meetings act and let's make sure he's right about this. If three Council people are meeting and discussing strategy for the future of the city, I think that might actually be our business.

Author
DonnaLadd
Date
2006-09-11T16:14:28-06:00
ID
123212
Comment

I thoght they had budget hearings this afternoon.

Author
Kacy
Date
2006-09-11T16:14:47-06:00
ID
123213
Comment

It's back... with fresh update goodness!

Author
pikersam
Date
2006-09-11T16:14:53-06:00
ID
123214
Comment

I can't believe this is going on over there. Yes it's gone...whatever I read was removed. This is all so bizarre.......

Author
ATLExile
Date
2006-09-11T16:17:56-06:00
ID
123215
Comment

Ladd, that popped into my mind too, which is why Ben added this in the newer article: Allen clarified his statement this afternoon saying they were not closed-door meetings but rather “casual conversations.” “What I meant was differing council people have talked about these issues over the course of the last few days. There are some very serious investigations going on,” he said. I would think they are being careful that they don't violate the public-meetings act? But, you never know.... I wouldn't want it published that: “The City Council is meeting constantly in small groups to discuss Jackson’s future.” Allen would not confirm nor deny whether those meetings include planning for the possibility of Melton’s resignation.

Author
pikersam
Date
2006-09-11T16:18:47-06:00
ID
123216
Comment

Ben Allen is the White version of Frank Melton. I think that the council errored in making him president. He sounds hatefilled, definitely controlling at times and off based with the real issues facing this community. It is a simple fact that you almost have to subscribe to being an "Honest Abe" in this political climate. what you say and do can and will be held against you. I was told that McLemore will be the Mayor during the 45 days before a former election if Simone and Allen can get a majority vote, not if but WHEN Melton resigns and that Ben Allen will be given the support to continue as council prsident. I guess walls do talk so if it is not our business - whose business is it?

Author
justjess
Date
2006-09-11T16:31:24-06:00
ID
123217
Comment

Yep, Atl, Adam's story has caused a veritable rat's nest here. ;-)

Author
DonnaLadd
Date
2006-09-11T16:32:07-06:00
ID
123218
Comment

I heard that rumor, too, justjess. Understand, though, that there are false rumors floating around.

Author
DonnaLadd
Date
2006-09-11T16:32:54-06:00
ID
123219
Comment

**Allen clarified his statement this afternoon saying they were not closed-door meetings but rather “casual conversations"...The City Council is meeting constantly in small groups to discuss Jackson’s future.” Allen would not confirm nor deny whether those meetings include planning for the possibility of Melton’s resignation....** <-- pikersam, citing a Clarion Ledger article in which Ben Allen commented. Does Ben Allen think we'e all stupid or what? He knows that the only reason he's having these meetings with one or two Councilmen at a time is precisely to circumvent the State's Open Meetings Act. If there were four or more councilment present at any one time in these 'conversatios', it would constitute a quorum and, under state law, a public meeting which would have to follow the same notice requirements as any special called meeting, including (as I recall) stating the agenda items, public posting in public places and the newspaper, etc. Pikersam's point is very well taken: If I were Allen, I'd certainly refrain from stating publicly that he's essentially acting contrary to the INTENT of the State Open Meetings law. Moreover, it has the appearance of impropriety. I'm familiar with the state purchasing/procurement laws and the aggregate dollar threshold after which an entity is required to solicit bids. When the law was first enacted, several public entities attempted to get around the law by "splitting" purchases such that the dollar threshhold required only quotes. The AG and State Auditor held that splitting bid purchases to avoid the bidding requirement is illegal and such a practice is now specifically spelled out in the state statutes as illegal and subject to fine or imprisonment, or both. What Ben really should do, IMO, is have a special call meeting of the entire council pursuant to the city's noticing and other meeting requirements, and allow the public to have input. During such a serious issue, why the majority of the council members want to insulate and isolate themselves from the public is absolutely unacceptable to me. As Donna rightly said to Ben, these tricks are not going to work.

Author
Kacy
Date
2006-09-11T16:45:10-06:00
ID
123220
Comment

Agreed, Kacy. Council should most certainly give the public a chance to speak to them directly on this.

Author
DonnaLadd
Date
2006-09-11T16:47:12-06:00
ID
123221
Comment

Last I check Ben has not searched anyone, tore down any houses, beat people in handcuffs, committed perjury, impugned the character of people, made anyone homeless......

Author
Kingfish
Date
2006-09-11T16:47:32-06:00
ID
123222
Comment

Kingfish, I think most of us agree that Ben is a good person, and on a personal level he is fun to be around. Nor, do I see any attacks on him as "the boogieman" who is causing all the trouble. The most ire is directed at his intial statements, his comments in support of Melton on radio recently, and his reasons for "protecting" the council by not investigating on behalf of Jackson. And, those of us with longer memories can go back pre-election and point out all kinds of crud that was said by Allen and Co.! But, usually, the cool thing about Ben Allen is that you can respectfully agree to disagree with him and he does truly love jackson!

Author
pikersam
Date
2006-09-11T16:58:49-06:00
ID
123223
Comment

Ben Allen is president of the city council. As such, he should be the paragon of openess, inclusion, straightforwardness, high ethical standards. It is not his job to cover or make excuses for a Mayor who everyone concedes has crossed the line. Ben and the other council members know full well that the Mayor's use of the MCC has not benefitted the fight against crime. In fact, it apparently has facilitated it with the night-riding, marauding "guests" who allegedly committed criminal acts, and yet, they have not addressed the issue in any substantive way. While the Mayor is in the executive branch and the Council is legislative, the council has to approve all warrants for payment, and they could very well ask that he costs associated with the the maintenance and operation of the MCC night rides (including driver, police escorts, etc.) be enumerated separately, and they have the right to refuse to pay it. The problem has been that there are two factions: one for Melton (Allen, Tillman, Stokes and Bluntson), represents the majority vote. The other (McLemore, Crisler and Barret-Simone). "When the vote to investigate ended in a tie, Ben should have had the courage and the balls to do what was RIGHT. Instead, he shirked that important responsibility. Ben is no dummy; he knows that he should have voted on an investigation, inquiry, discussion, hearing, fact-finding forum...hell, call it whatever you will. But, instead, he acquiesced to political partisanship and, in the process, he sold his integrity. As somebody said earlier, Ben's wanton statement that there are other entities that should investigate leaves the entire council widely exposed to liability--and possibly exponential punitive damages--for their negligence in KNOWING that there were possible criminal acts being perpertrated by Melton and his gang (uh, 'guests') and FAILING to address it in forthright and thorough manner. That, to me, is inexcusable, irrespective of how good a person he may be or any assertion that he, himself, did not personally have a hand in committing any of the atrocities. Accordingly, IMO, I think Ben and the other three who voted against the investigation are just as culpable as Melton. Paraphrasing one of my favorite political columnists, Molly Ivins, I say this four City Councilmen who voted against an investigation: the City Council was in session and many a village (ward) was missing its idiot!

Author
Kacy
Date
2006-09-11T18:49:19-06:00
ID
123224
Comment

The CL reports this today: "Moore was charged on Aug. 31 with disorderly conduct. He was not booked and instead was given a court date on site. Moore is scheduled to appear in municipal court at 9 a.m. today." This is the second chapter in the Night of Frank Melton, Moore needs our support too, we can not allow FM to get away with this one either.

Author
malt
Date
2006-09-14T06:40:31-06:00

Comments

Use the comment form below to begin a discussion about this content.

Sign in to comment