Merriweather's call for a motion for injunction against mayor stalls

The challenge made by Ward 3 alderman Patricia Merriweather to file an injunction against Mayor Sharon Gipson and to lower her pay if forward progress was not put into action on projects by the July 16 board meeting has stalled.

The alderman was not in the boardroom at the meeting but was present by telephone.

Merriweather demanded the mayor show timelines for some four or five projects or face a motion for an injunction faltered. First, aldermen sought advice from board attorney John Keith Perry Jr.

Merriweather’s push to get a positive response from the mayor on projects that have slept for lack of action for three years, did not receive solid support from the other board members when members returned to the board room from executive session July 16.

Instead, Gipson restated many of her former defenses for why some projects have languished and rallied on work currently being done that are routine non-projects.

But first, Gipson reported the actions taken in executive session: • overturned a mayoral veto to suspend IT director Derrick Jefferson by a vote of 4-1. Ward 2 alderman Andre Jones voted against overriding the veto.

• a unanimous vote by the board to fire the assistant director of Parks and Recreation was approved. Reginald Bullock was recommended for interim assistant director at a salary of $17.78 an hour, contingent on his acceptance.

• a motion by Fountain to pay a claim of $7,679 for door removal and installation at the multi-purpose building failed for lack of a second. The board had not approved the work.

• a complaint about a driveway repair on West College Avenue by a citizen was discussed. Gipson said the complaint has been placed on the list with the concrete division for action.

• an abandoned property on Jarrott Street was discussed.

Then Gipson went over projects that have been sitting on the table undone for two or three years.

She contacted engineer Larry Britt on the Hill Street project but Gipson has heard no answer on progress.

The project to change the name of Memphis Street to Ida B. Wells Street has not moved forward because every business and residence must be informed of the address change first.

At this juncture, Ward 3 alderman Colter Teel and alderman-at-large Dexter Shipp began chatter that was unintelligible as the mayor would not pause to let them speak.

The project to move water and power lines on Highway 178 was reviewed. Gipson said the project was waiting for bids to be approved by the Mississippi Department of Transportation. Terry Sims had gone out to put flags at the locations where the utilities are to be relocated, Gipson said.

The cast-iron replacement project is still languishing because of lack of an audit necessary to get the project funded.

Gipson said she has prodded the auditor to complete the audit on numerous occasions but failed to get him to finish it.

She said the audit must be completed because it has been holding up other projects including grants the city could apply for.

Shipp asked when the cemetery road will be paved.

Gipson said a piece of equipment was not available to apply the asphalt.

Fountain asked about raw sewage spills on West Street and in other locations.

Gipson said Mr. Burke has looked at the problem.

The issue is that people were allowed to build new houses and apartments without talking with the former public works director to make sure the apartments were built to carry the sewage. So, sewage keeps backing up, flooding the apartments. Gipson said the city has done what it can to clean out the material but that the people with the state are responsible to handle those matters.

Merriweather interrupted. “I do hear what you are saying, but these are non-projects,” she said. “At the last meeting we asked you to give us a completion date on these projects, some going back as far as 2021, 2022, that the board has been seeking to get completed.

“Tonight, I really didn’t hear anything different than already has been said,” she said. “So, I am going to make a motion... to file an injunction against the Mayor. At the last meeting we asked you to give us a completion date....”

Merriweather asked attorney Perry to help with the language needed for a motion to file an injunction against Gipson.

“I also would like to discuss stopping her pay until these projects are completed,” she said.

“Before we do that, let me at least try to research it,” Perry said. “I would have to be recused from doing it, the first thing. Second thing, is if it’s an injunction or a petition for a writ of mandamus...is what normally would happen.”

He said a determination needs to be made on whether the writ should be done on each individual project or whether to lump them all into one and to determine if there have been efforts to try to complete the projects.

He said in a perfect world he would hope there would be concessions on each side so the injunction would not have to happen.

He asked for time to put together some answers of when it is appropriate to file a writ of mandamus.

“We have no other recourse. We don’t know what to do to get these projects done,” Merriweather said. “We’ve got to move on the powers that we have. We’re not in a power struggle, but to get things done for our citizens, our city.

“So, board members, what do you think?”

Fountain said she wants to take the advice of the board attorney and give him time to research the options before the next meeting.

Gipson, in speaking to the record, said she will “continue to work with integrity to serve the people of the City of Holly Springs.”

“Further, had the board voted and approved various requests including audits early on, more than two or three years ago, the audits would not be delayed,” Gipson said. “The status of the audits are the direct (cause of the) delay of the cast-iron project.”

She said the failures of submission of audits are not due to her failure.

“So, I’m very concerned, although it’s election time,” Gipson said.

Shipp asked whether the auditors have been paid for their work.

“No,” Gipson said. “If we are going to tell it, let’s tell it all.” She said she had put the audits on every agenda and even had people come to speak about the necessity of it.

She said she is looking at her options because the issues have “gone beyond out of control.” Gipson said she will be running again, then asked for a motion to adjourn.

Shipp asked if Gipson was saying it is the board’s fault the projects have not been done.

The mayor said the board has a part in it because of the failure of the board to take action on hiring two different auditors.

“Yes, you couldn’t control it anymore than I could. That’s the point,” she said.

“You are the mayor. I am saying don’t blame me,” Shipp said.

“But you’re blaming me as if I am sitting in the accountant’s office,” she said.

Perry called for a point of order as Shipp and the mayor began talking at the same time.

Merriweather tried to speak but could not get a word in.

Gipson accused Shipp of trying to interfere by talking to employees.

“I motion to adjourn,” she said.