City of Wilson Threatens to Sue City Clerk

Wilson, OK - A full quorum of the Wilson City Council met in regular session on Thursday, July 30. Early in the meeting, it became clear there was a major rift between the city clerk, Melissa Williams, and the City of Wilson. During a thirty-minute ordeal to approve the minutes of May and June meetings, the city clerk advised the mayor not to adopt the May 28 meeting's minutes against city attorney David Mordy's advice. Mr. Mordy read aloud a letter he had received from Ms. Williams' attorney, Loren Gibson, Esq., earlier that day. Based upon his inability to reach Mr. Gibson by telephone, Mordy obliged the attorney's written request and directed all statements to the mayor and council in response to Ms. Williams' comments.

Ultimately, the council only approved minutes of five of the ten budget workshops and council meetings posted on the agenda. Ms. Williams presented a hand-written copy of minutes for one of the meetings. She stated she was unable to access her computer. Minutes for the remainder of the meetings were not available. In order to create new ones, a request was made to the Wilson Post Democrat reporter for news copy and/or notes. After the council and mayor penned their affirmation on each of the five approved minutes, the city clerk refused to attest to their authenticity with her signature and the city seal. In order to complete their adoption into the city's permanent records, office manager Elaine Blackburn attested to each of the five meetings' approved minutes.

After approval of the city's purchase orders and submitted claims, a public session was held. Councilor Alexander quoted Robert's Rules of Order and stated there would be a sign-up sheet at the next city council meeting. Any person wishing to speak would be required to sign-in and identify the subject. The mayor would be required to approve your request. After stating she had searched for a sign-up sheet before the meeting and requested forgiveness for breaking Robert's Rules of Order, Farah Bazzrea spoke briefly to encourage the council to lay aside the hype and pass the proposed non-binding resolution to pursue investigating the actual facts surrounding a faith-based habilitation house in order to make an intelligent, informed decision. Mayor Young took offense with the word, "intelligent" and it was withdrawn.

In the first item of new business, city attorney Mordy submitted proposed Ordinance No. 2009-06, which requires all original City of Wilson records be kept at Wilson City Hall. Mr. Mordy explained the city's legal liability if public records were unavailable for public viewing. After the ordinance's unanimous approval, the city attorney requested the council enact an emergency clause to reduce the regular public notice 30-day timeframe to five days, setting an effective date of Aug. 5 for Ordinance No. 2009-06.

Following that action, the council convened in executive session with city attorney Mordy and Ardmore attorney Scott Andrews to discuss the city clerk's tort claim and possible legal action against her for not returning original minutes to city hall. After reconvening in open session, the council promptly approved filing a lawsuit against City Clerk Melissa Williams, unless all City of Wilson original records are returned to city hall by Aug. 5. Due to the city attorney's work schedule, Mordy introduced attorney Scott Andrews to the council and public. Mordy recommended hiring Andrews at the rate of $100/hr for litigation and related legal action and services. The council unanimously approved the proposed action.

Ardmore grant writer Millie Vance inquired as to the status of the city's splash pad project. Approximately $3,400 of the CDBG grant and matching fund remained. She stated the city had until July 2010 to use the funds or return the grant portion. After discussion, the mayor stated the city was still interested in building a splash pad, but lacked the necessary funds. Ms. Vance suggested additional fund-raising activities. Mayor Young announced the city had a benefactor whom had expressed interest in contributing towards a splash pad and the council would update her at a later date. To close-out the 2008-2009 fiscal year, the council approved recommendations by accounting firm Hulme, Rahhal and Henderson, Inc. to transfer monies from the general fund to various departments. CPA Reba Henderson reviewed the accounting procedures as presented by Hulme, Rahhal and Henderson, Inc. for fiscal year 07/08 with the council before being approved.

In their last action before convening in the Wilson PWA, Councilor Alexander requested Farah Bazzrea read proposed Resolution No. 2009-10, a non-binding affirmation of the city's interest in developing a faith-based, pre-release correctional facility. Afterwards, the city attorney suggested adding, "It is understood and agreed this effort by Corrections Concepts, Inc. is at no expense to the City of Wilson." Councilor Alexander moved the resolution be adopted per the city attorney's suggestion. The mayor asked for a second, but in a rare split, the remaining council members were unified in silence despite Councilor Devenport and Lynch's previous public statements they supported investigating the matter further before making a decision. Moments later, the mayor announced the motion died from lack of a second. After the meeting, Councilor Lynch stated, "No one wants it." When asked about 150+ new jobs with a median $30k/yr. salary and $30k/mo. bond revenue income for the city, Lynch replied, "I know nothing about it." All council members, mayor, and city attorney have received a complete information package. Before adjourning, City Clerk Melissa Williams requested permission to attend the continuing education seminar hosted by the Oklahoma Municipal League (OML) in Ardmore next week. She was instructed to submit details to the mayor for his approval.

In WPWA business, the board of trustees approved minutes for four of the eight meetings submitted amid the city clerk's objections. Again, requests were made to the Wilson Post Democrat reporter for news copy and/or notes to create new minutes of the remaining meetings. As before, the city attorney walked each of the approved minutes' documentation through the signature and testament process. Next, the board approved Ordinance 2009-07, requiring all original Wilson Public Works Authority (WPWA) records be kept at Wilson City Hall. Similarly, the WPWA trustees approved the emergency clause setting an Aug. 5 effective date.

The motion to convene in executive session was struck from the agenda and Trustee Segroves' motion to file a lawsuit against City Clerk Melissa Williams unless WPWA original records were returned by Aug. 5 passed unanimously. Trustee Alexander moved to hire attorney Scott Andrews as per the City of Wilson's terms previously adopted. Trustee Segroves' second was unanimously approved. In addressing the City of Wilson's water and wastewater issues, the board approved a work order authorizing Ardmore grant writer Millie Vance to prepare an Oklahoma Dept. of Environmental Quality (DEQ) grant application. As a follow-up, the board approved Resolution No. 2009-09, authorizing application for a drinking water engineering, planning, and design grant from the DEQ. Ms. Vance stated the DEQ would expect the City of Wilson to address the engineering studies' identification of system weaknesses requiring investment. Vance stated there would be 30% - 35% grant funding available, but the city would be required to issue bonds or borrow the majority of the projected $2 mil. for anticipated water and wastewater system improvement recommendations.

In an attempt to resolve the delinquent water bill problem, the trustees authorized Street Commissioner Jim McGaughy to negotiate terms with Rex Rutledge for turning off and pulling water meters on delinquent accounts. McGaughy was instructed to report to the board for future action. The board voted to pay Commissioner McGaughy's tuition, mileage, room, and meal expenses to attend class C water and wastewater lab training sessions at the Midwest City DEQ training center Aug. 25-28 and Sept. 15-18. Addressing Jason Roberts' water pressure shortage, street foreman Randy Hacker was instructed to install a 2" water line. For clarification, Hacker inquired if he was to lay a line alongside the street to an existing 2" line further west, which would create an increased diameter water loop or lay a new line under the street. Trustee Alexander instructed Hacker to rent ditching equipment, cut across the street, tap into a 4" main water line and install a 2" water line and meter. Alexander requested the work be completed within two weeks, if possible. Before adjourning, Trustee Segroves requested storing library chairs in the back of city hall prior to painting the library on Sat. Aug. 1.