MISSISSIPPI ETHICS COMMISSION Case No.

M-
P. O. BOX 22746
JACKSON, MISSISSIPPI 39225-2746
TELEPHONE (601) 359-1285 ____________

OPEN MEETINGS COMPLAINT

PLEASE READ THE FOLLOWING STATEMENTS BEFORE COMPLETING THIS FORM:
Pursuant to Section 25-41-15, Miss. Code of 1972, the Ethics Commission must forward a copy of this complaint to the head of
the public body involved. The public body shall have fourteen (14) days from receipt of the complaint to file a response with the
commission. After receiving the response to the complaint or, if no response is received after fourteen (14) days, the
commission, in its discretion, may dismiss the complaint or proceed by setting a hearing in accordance with rules and
regulations promulgated by the Ethics Commission. After completing, signing and dating the form, please mail it postage
prepaid to the address listed above.

PERSON MAKING COMPLAINT (Complainant):

Name: Maze Brent E

(Last) (First) (Middle)

Mailing Address: P.O. Box 37 Newton MS 39345

(Street) (City) (State) (Zip Code)

Telephone No.: 601-683-7810 Email Address: bmaze@newtoncountyappeal.com

(Area Code, Prefix, Number)

PUBLIC BODY AGAINST WHICH COMPLAINT IS MADE (Respondent):

Name of Public Body: City of Newton Board of Aldermen

Name of Presiding Officer: Weems
Murray
(Last) (First) (Middle)
Mayor
Title or Position:

Mailing Address: P.O. Box 300 Newton MS 39345

(Street) (City) (State) (Zip Code)

Telephone No.: 601-683-6181 Email Address: weemsm@bellsouth.net

(Area Code, Prefix, Number)

ALLEGATIONS AND STATEMENT OF FACTS:

In your own words, please provide a description of the violation(s) of the Open Meetings Act which you believe have occurred.
The description should include the alleged violation and any details relating to it, such as names, titles, dates and places where
possible and where applicable.

During the June 16, 2020, meeting at Newton City Hall, the Newton City Board of Aldermen held a
recessed meeting. The Newton County Appeal was asked at the beginning of the COVID-19 situation
if we would stream the meeting on Facebook live. The newspaper agreed, and it was streaming the
open meeting on June 16, 2020, until the board went into closed session and executive session. On
the agenda, the was an item for "Executive Session," but it did not indicate what the reason for that
executive session would be or what items were being discussed. After the board held a closed
session, the board came, in open session, voted to go into executive session. Prior to board attorney
Brian Mayo closing the door, I asked him what the reason for executive session was. He said it was
for "personnel reasons" and included employees of "all departments." Prior to shutting the door on
me, the only member of the public at the meeting, Aldermen Linda Wash, Romonica Evans, Michael
Hillie, Bob Bridges and Eric McCalphia and Mayor Murray Weems asked City Clerk Charlene Evans,

Page 1 of 2 Form MEC-M1.2 (02/10)

Mayo, Police Chief Randy Patrick, Fire Chief J.C. Collins, Public Works Superintendent Fred Snow
and Parks and Recreation Director Jay Powell to discuss the "personnel" issues in executive session.
Mayo did not indicate how many employees were being discussed, and he did not indicate prior to
the executive session which reason under the Open Meetings Act they chose to go into executive
session. After an executive session, which took in excess of one hour, the board came back into
open session and adjourned the meeting. At the conclusion of the meeting, Mayo and Weems
informed me that the board of aldermen voted in executive session to raise its capital improvement
fee by $5 from $3.05 to $8.05, an increase of 264 percent of that fee, to prevent a shortfall in its
budget. Weems said, “It was either pass an increase or have a reduction in force. Currently, we have
a shortfall in the city budget due to the debt service payments on the capital improvement project for
street paving. The city is using money out of the general fund to help pay off debt service on that
project. We still have five more years of payments on that debt service. So, we are passing that along
to customers who drive these roads every day.” Weems or Mayo did not state how many employees
were on the chopping block and from what departments. While the board is allowed to go into
executive session to discuss employees that could be terminated due to a line item, it does not
appear like specific employees by name were discussed. Even though the board is allowed to
discuss that line items that could affect specific employees in closed session, I do not believe that
allows the board to pass a utility bill increase in executive session. The open meetings act states, “All
other budget items shall be considered in open meetings and final budgetary adoption shall not be
taken in executive session.” The public should have been entitled to hear the majority of this
discussion in open session. While City Hall has stayed closed due to the COVID-19 situation, the city
did allow for the provision for citizens to watch and listen to the discussion of the board via the
Newton County Appeal's live stream on Facebook. I believe the public should have had the
opportunity to hear this discussion in open session via a live internet stream. If the situation was as
dire as they said it was, the public has a right to know that. I understand that the board does not wish
to discuss difficult and controversial topics in open session, but the public has a right to hear those
discussions. The Open Meetings Act helps protect the public's right to hear that discussion whether
in person or via electronic means. The board should not hide behind executive session because they
do not want the public to hear bad news. The citizens of Newton deserve the opportunity to listen to
as much open discussion as possible.

I have read and understood everything in this complaint, and I certify that the statements, matters and allegations set forth in
this complaint are true and correct to the best of my knowledge, information and belief and are made of my own free will.

June 22, 2020

______________________________________ _________________________________________________
(Date) (Complainant’s Signature)

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