The Mississippi Ethics Commission has once again penalized City of Indianola officials.
In a letter dated Sept. 7, the commission imposed a $250 fine on Aldermen Sam Brock Jr., and Marvin Elder and a $550 fine on Alderman Ruben Woods for violating the state's Open Meetings Act.
Woods’ fine is doubled because it is his second violation.
He and members of the previous board of aldermen were cited in January of 2017 for violating the act after The Enterprise-Tocsin filed a complaint, because the aldermen voted to go into closed executive session to discuss hiring an accounting firm, which was a contravention.
In the latest complaint, the board is cited for attempting to hold a special call meeting after a regular meeting in June of this year without giving proper notice.
However, in response to the preliminary findings of the Ethics Commission, Alderman Marvin Elder has filed an objection and a hearing has been set for 10 a.m., on Nov. 14 in Jackson, and all of the named city officials must attend.
Alderman Darrell Simpson filed the complaint and Mayor Steve Rosenthal responded on behalf of the board. In the preliminary report, the commission noted that Aldermen Ruben Woods, Sam Brock and Elder violated the Open Meetings Act by discussing and voting on board matters after the regular board meeting.
The report states Brock made a request during the regular session to vote on approving the docket after the executive session, however the meeting was closed out before the lawmakers realized the docket vote had not been done.
The report also mentioned a submitted video of the board discussing what to do where Elder suggested they reopen the proceedings because the following day would not be a good day to hold a special call meeting.
Furthermore, three aldermen, Elder, Brock and Woods carried on with a vote even though they did not have quorum since Woods, acting as vice-mayor, could no longer vote as an alderman.
In response to the findings, Rosenthal stated that it was the city clerk who realized the docket had not been approved, he also stated that he handed Woods the gavel and told him that he had been previously advised not to open a second meeting again and voiced that they would have to do it without his participation and left the building with Simpson and Alderman Gary Fratesi following him.
Rosenthal said he also called a subsequent meeting to handle the matter properly but only aldermen Simpson and Fratesi were present.
The commission’s hearing officer said based on the record, Elder, Brock and Woods clearly, “knowingly and willfully violated the Open Meetings Act,” and thereby imposed the fines and ordered the city board to refrain from any further violations.
In Elder’s objection, he stated that the failure to approve the docket after the executive session was not because of neglect or an oversight of the board, but an attempt by Rosenthal to not discuss his wife’s use of the city’s credit card in open meeting.
He contends that the mayor attempted to discuss the matter in executive session but was told that it needed to be discussed openly with the other docket items.
He further contends that he, Brock and Woods did not intend to violate the Open Meetings Act, “nor for any pecuniary benefit” but was solely in the interest of trying to conduct the financial affairs of the city.
That is only one of the ethics issues before the commission.
In a separate complaint before the state board, Elder has requested an opinion on whether or not the mayor’s wife, Robin Rosenthal, can use the city’s credit card to make purchases of goods and services on the city’s behalf or for any purpose without the aldermen’s approval since she is not a city employee.
In a letter dated July 9, Elder wrote that while reviewing the city expenditures he became aware that the mayor’s wife had been given direct use and unsupervised access to the card and that the purchases were “purportedly for the city or city services.”
In addition, he stated, “And to my knowledge, the board of aldermen has never authorized her use of this credit card, nor approved the expenditures made with the card.”
Elder also referenced this pending complaint during Monday night’s open session.
