A federal judge on Wednesday denied a motion sought by McComb Mayor Zach Patterson that would have blocked recent changes to city ordinances that weaken the mayor’s power.
McComb attorney Charles Miller, who represents Patterson, filed a motion in U.S. District Court in Jackson seeking a preliminary injunction and a temporary restraining order to prevent city selectmen from implementing amendments to the ordinances.
A majority of the board approved the changes on June 9, and they took effect on July 9.
The mayor sought the injunction and restraining order to prevent city selectmen from using the amendments Tuesday. With Miller’s request denied by U.S. District Judge William H. Barbour just before the start of the meeting, selectmen hired Quordiniah Lockley as city administrator.
The original ordinance said selectmen may hire the city administrator on the advice and recommendation of the mayor. The amendment says selectmen may hire the city administrator regardless of mayoral input on the decision.
Another amendment stripped Patterson of his authority to supervise city employees and department heads, transferring that to the city administrator.
Miller sought the court’s intervention as part of a 40-count lawsuit filed in U.S. District Court in Jackson against selectmen Danny Esch, Wade Lamb, Robert Maddox and E.C. Nobles, and Civil Service Commission members Don Lazarus, Izeal Bennett and Larry Dorr.
The mayor’s lawsuit alleged a variety of wrongs, including violation of the federal Voting Rights Act, Patterson’s First Amendment rights, slander, libel and racketeering. It seeks $1.5 million in damages.
Barbour on Tuesday ruled that because the injunction was being sought under the Voting Rights Act, the motion must he heard by a three-judge panel.
“Patterson, however, has not moved or otherwise requested a three-judge court in this case,” Barbour wrote.
He gave Miller three days to explain why he did not request a three-judge panel, as required by federal law.
After receiving Miller’s response and empanelling a three-judge court — if required — a hearing on the motion will be scheduled, the judge continued.
Barbour also rejected the request for the restraining order. He wrote that he also denied the motion because the other parties to the lawsuit had not been properly notified.
