McComb Mayor Zach Patterson stood firm on his stance that the McComb Civil Service Commission cannot have its own attorney.
“There is no civil service attorney,” Patterson said at Tuesday’s city board meeting.
He said the commission can only hire an attorney after coming before the board and requesting one.
The discussion is another chapter in a back-and-forth tussle between the commission and Patterson dating back to July 7, when the commission denied former Fire Chief Vernell Felder’s return to the department as a captain.
At the city board’s following meeting, McComb resident Albert Eubanks alleged that commissioners Larry Dorr and Izeal Bennett openly discussed “how not to allow (Felder) to come back to the fire department.”
The city has invited and summoned the commission to appear before the board on multiple occasions to discuss the matter at a board meeting, but commissioners have not obliged the requests. The commission did make a surprise appearance at a work session in August.
According to an Aug. 12 letter to the board, board attorney Wayne Dowdy wrote, “I can find no statute which authorizes (the board) to compel or require the attendance of the Civil Service Commission members.”
In August 1990 the city board appointed McComb attorney Ashley Atkinson as commission attorney to replace Lane Holmes, who resigned.
Patterson provided a copies of an attorney general’s opinion to selectmen to back up his position that the permanent appointment is illegal.
Dowdy agreed with the mayor, adding, “You in your discretion can (appoint an attorney) on a case-by-case basis. I will not agree that you can give blanket authority in advance.”
The board did not take action Tuesday on Atkinson’s position with the commission. The board also did not follow up on a discussion regarding the removal of a civil service commissioner at last week’s work session.
Dowdy investigated the removal procedure at Patterson’s request, and informed selectmen that removal requires that charges be “provided in writing” and “the member being removed shall have the right to appeal anytime within 30 days after to the circuit court, and may demand a jury trial.”
At Tuesday’s board meeting, Patterson also held firm to his view that the civil service commission should be expanded from the present three-person format to a five-person panel representative of each ward.
Dowdy cited an attorney general’s opinion that states “the authority to expand a civil service commission is limited to municipalities operating under the mayor-council form of government.”
The city operates in a strong board-weak mayor format.
Dowdy added that the commission is limited to three members by state law, but the board has the authority to ask the Legislature to pass legislation expanding the commission.
“I think that when this city was established in 1872 and the civil service commission was established, I’ve always stood firm on my belief that the civil service commission should be a cross-representation of the citizens they serve,” Patterson said. “Now we’re a city of 13,000 and our police force is much larger, and our fire department as well. Just the mere fact there are only three members on that board in my view limits what they can and can’t do.
“No other board that only has three members. ... I just think that’s a dated position. Regardless of whether it’s legal or it’s the proper way, it’s dated.”
