It took two tries during Monday night’s Indianola Board of Aldermen meeting, but the city lawmakers were finally able to get a majority vote in the selection of a new city attorney.
After coming out of a closed executive session, Alderman Marvin Elder attempted to introduce a motion to hire Attorney Kimberly Jones Merchant for the position, but Alderman Darrell Simpson interjected a subsidiary motion to hire Cleveland attorney Daniel Griffith’s firm as the city’s legal counsel.
Alderman Gary Fratesi voiced the second to Simpson’s motion, but the proposal failed 2-3 with aldermen Ruben Woods, Elder and Sam Brock voting no.
Elder then reintroduced his original motion to hire Merchant, Brock seconded the motion and it passed 3-2 with Fratesi and Simpson voting no.
Merchant, a Greenville resident, has been reportedly practicing law in the state for the last 22 years and has done so in a variety of forums including Mississippi state courts and federal courts for civil and criminal cases.
In her statements to the city leaders, Merchant mentioned that she is currently serving as the board attorney for the Hollandale School District and declared that her duties in that role have given her the necessary familiarity to deal with governmental policies.
Her legal experiences also include time as director of the Racial Justice Institute and Network at the Sargent Shriver National Center on Poverty Law, a six-year stint as the managing attorney for the Indianola office of the Mississippi Center for Justice and assistant district attorney and senior assistant district attorney for the State of Mississippi Fourth Judicial District.
After the board announced its decision, Merchant expressed her appreciation for the support and told this reporter, “I am glad to come back to the city of Indianola, I’m just proud to be here and I will support them the best way I can.”
In other executive session results,
The board also voted to reinstate former city police officer Mark Johnson as a part-time officer, accept the resignation of firefighter Sandy Evans, and hire Chauncey Battle to the public works department.
In other business,
Upon the appeal of Elder, they voted to submit the requested information to the Sunflower County Board of Supervisors as part of the effort to get the county to help with the drainage situation on Ellis Road in the Southwest part of the city.
City Engineer Ron Cassada said the city had originally done a plan in 2013 to do the entire road; however, certain concerns arose including whether or not the road was public or private and the project was never completed. Cassada said what Elder is asking for now is different and that although it will help the situation, it won't solve the entire drainage problem there. "I think that what he is requesting will definitely get the ball rolling," Cassada said.
The request is for the city to clean out about 500 feet of ditch to allow the water to drain North toward Wiggins Road where it can run off under Kinlock Road to the west.
Additionally,
Citing that the city was operating illegally, Fratesi made a motion to rescind the current contractual agreement between the city and the Indianola Basketball Association. He said it should be reviewed, revised if necessary and presented anew to the board for approval and then to the IBA group.
The motion passed on a second from Simpson and a verbal yes vote from the two of them with no votes to the contrary. According to the terms of the current agreement, the city must give a 30-day notice before termination.
Fratesi is basing his request on the premise that a prior board cannot obligate a subsequent board to honor a contract that they did not make and he said the current contract was established several years ago under a different administration. A discussion ensued wherein each city leader voiced their opinion.
The aldermen also voted unanimously to approve the minutes from the February 3 special call meeting. However, prior to making the vote, Fratesi and Brock asked about the minutes from the January 27 regular meeting and Rosenthal said he had not had time to complete those. Brock responded, “We’re constantly in violation.” Rosenthal replied, “Well, right now I’m doing all I can do.”
In addition, the city leaders approved the request from Planters Bank to hold the Double Quick/Planters Bank 5K Race to Wellness.
