Thursday, December 17, 2015

Madison supes oust Election Commission attorney, or did they?

The Madison County Journal reported today: 
 

The Madison County Board of Supervisors voted 2-1 in a recessed meeting this morning to hire Wesley Evans of Canton as new legal counsel for the Madison County Election Commission.

On Monday, there was a 2-2 deadlock after District 4 Supervisor Karl Banks recused himself from the discussion.

Banks did not recuse himself this morning, but did provide the lone nay vote, according to Chancery Clerk Ronny Lott.

District 2 Supervisor John Howland and District 5 Supervisor Paul Griffin voted to hire Evans. District 1 Supervisor John Bell Crosby and District 3 Supervisor Gerald Steen were absent. Both voted against the hire on Monday.

The meeting took less than a few minutes and was quickly adjourned following the vote to hire Evans.

The Election Commission on Tuesday voted 3-0 to present Evans' name to the board of supervisors for appointment as legal counsel.

Last week, the Election Commission voted to terminate Spence Flatgard as counsel, after he was unanimously approved to serve another year as counsel in October. On Tuesday, the Election Commission again voted to terminate Flatgard during a special called meeting.

Kingfish note: Here is the question that needs to be asked: Did a quorum exist? Mr. Banks recused himself Monday because he sued the Election Commission.  He left the room while debate and voting took place.  However, he did not excuse himself but instead voted today.  If he does not vote, a quorum does not exist.

Thus, is this vote going to actually stand? 

31 comments:

Anonymous said...

So the Board of Supervisors has to approve Mr Evans as attorney?

Anonymous said...

Please somebody investigate this bunch of crooks and lock someone up---These guys have been stealing from the taxpayers(their friends and neighbors)for years. Three of these crooks have been voted out and probably should serve a little time----If you couldn't trust them as supervisors you can't trust them as your friends or neighbors.

Anonymous said...

This B.S. is so freaking typical of Mike Espy and the Renaissance law firm of those same fitting initials.

Anonymous said...

They are hiring Evans to throw the trial? Does Banks truly believe Judge Lackey is going to let Evans play Keystone Cop in his courtroom?

Jail Time Gonna Come As A Surprise said...

It would seem that Banks voting this morning means there was indeed a quorum. Someone said Steen was out of town on a family matter. Not sure what's up with Crosby's absence. All of this logistical shit happens behind closed doors and has with this crowd for at least thirty years.

As Kim Waide might say: "Something bout to be did about this crap up in Madison County!"

Anonymous said...

This is a terrible example of elected people going wrong. Thank heavens we do not have to put up with John Howland much longer. He is a disgrace to the people he is supposed to represent. If Karl Banks could not ethically vote on Monday, what happened to let him cross this existing condition between Monday and the vote? Just plain disgraceful. Avarice is a sin.

Anonymous said...

Unfortunately if he didn't leave the room, a quorum was still present even if he abstained from the vote. His previous abstention and subsequent participation could be looked at from an ethical viewpoint, but a quorum was present if he was there. So who got the other two to skip the meeting. If the meeting was legally called, their absence gave the other side the victory, which surely wasn't lost on them when they decided to skip it.

Anonymous said...

Kingfish, is there any reason why the new majority cannot undo this when they take office in January?

Anonymous said...

I've worked with Spence for many years. Stand up guy and good election lawyer. Hate he's having to deal with this crap. He doesn't deserve it - too good of a guy.

Anonymous said...

Wesley Evans is a good guy.

But I missed the part where the Supervisors got to pick the commissioners' attorney.

Wasn't the case when I served on the elections commission.

The only reason this happened is because Julia resigned. In all other elections for the commission posts, candidates run by party. The fact that a Democrat slipped in (and I promise you, it will be remedied the next opportunity) gave Karl and Paul -- and a bitter John Howland -- the chance to put one of their own in power.

But again, as Democrat lawyers from Canton go, Wesley is about as good as they come. The furthest thing from a Blackmon.

Anonymous said...

Banks has stolen from the taxpayers for over30 years. He is a lying, cheating SOB who will steal everything he can get his slimy hands on. He needs to shut up and leave. If he overturns this election through his corruption, he needs to be prosecuted and thrown in jail for a long long time.

North side said...

Yes, these actions can be undone in January.

Anonymous said...

JBC actually did the right thing this time. If he had been there, there would have been a LEGAL quorum voting. JBC with the "no" vote and the other two voting "yes" (And Steen was out of town for very legitimate reason that should not be matter of public discussion). But Karl tries to circumvent the law by voting "No" to make it a 2-1 vote. Karl knew Steen wouldn't be able to be there on Thursday, which is why he had the meeting continued to that day. He knew there was no way there would be a tie vote.

Anonymous said...

Try again 6:07. It was already a 'legal quorum'. Three were present. Banks' mere presence made it a quorum whether he voted or abstained.

North side said...


@7:21 --

Do you feel Banks voting on Thursday for recommendation of the new attny Evans as "LEGAL" ?
Does he have legal litigation again the actual Election committee he stated a vote towards?
Should he have recused himself?
Your opinion?

Anonymous said...

Banks has been the cancer in Madison County for 30+ years. He could always find a third vote from an R with dirty money. Been 3 Rs and 2 Ds for a long time but 1 would always get bought by Banks. How crazy is it to have Mike Espy, D , as county lawyer.

Anonymous said...

Spence Flatgard is as good as they come. What a shame...certainly Madison County's loss.

Anonymous said...

6:07 Gerald is that you defending yourself? He's known to spread information to stir up trouble and then disappear, only to reemerge through the media to make himself appear self righteous.

Anonymous said...

Wrong 7:21. There was a quorum to hold the meeting, but no quorum for the vote. Banks had already recused himself from this matter due to conflict. Since meeting was continuation of Tuesday - in which he was not present for discussions - he was not a part of the voting quorum.

Anonymous said...

Just another example of the crooks in Ms. politics. Why is anyone surprised? You continually vote in these crooks then act surprised when they continue to be the same crooks they have always been. Guess that all goes back to the education problem and the ethics problem so common in Ms.

Anonymous said...

Maybe the following occurred:
Banks, Howland, and Griffin reset this meeting knowing that Steen, one of the votes to not fire Flatgard, would be out of town and unable to vote, so that the two Yes votes to fire Flatgard (Howland and Griffin) would outvote Crosby, the lone No vote present. So, believing that Banks had recused himself and would continue to recuse himself, Crosby didn't show up for the meeting so there would be no quorum and thus no vote. But then Banks decided to vote this time so there would be quorum and the two Yes votes to fire Flatgard would win. (It's in Banks' interest to fire the experienced election lawyer against him in his litigation and allow an inexperienced election lawyer to be hired. Makes his chances of winning his suit easier.) Maybe legal but a shady, dishonest way to govern. This was no ant emergency decision that had to be made immediately via a special meeting. It could have easily waited a few days until Steen returned and the full board was present. There was no need for an immediate decision that day, a day when they knew one of their members would be absent.
Mr Howland, respectfully your constituents were disappointed with your representation of them and decided to elect someone else. It happens all the time. Accept it gracefully and professionally. Back room deals on the eve of your leaving is very unprofessional and why your constituents didn't re-elect you.

Anonymous said...

Warnock worked tirelessly in the election for Howland. He even accompanied him at neighborhood meetings because Howland was too dumb to talk.

North side said...

hahahaha~~~ Warnock speaking for Howland bc of dumbness....I can see that!
Thanks for sharing that interesting nugget.........Made my day

Anonymous @ 7:21... said...

Quorums, as a point of order, exist when a certain number of a body are present at a meeting. Whether one or more of them participates in a vote is irrelevant to the definition of quorum.

An abstention or recusal does not remove one from the room, as if he were not in attendance. The minutes of the meeting will report those in attendance, which rules on whether or not a quorum was present at the meeting. Quorums don't vote. Quorums attend.

If you recuse yourself from one vote, that recusal does not carry forward to subsequent, separate votes, which is what occurred here.

Whoever claimed Banks was 'not present for the discussion' is wrong.

I have no opinion as to whether the vote was legal (to begin with) or whether or who has a cause of action (litigation). That's up to people like the one they fired to answer. If Dilbert is not too tied up with cheer-leading for autism, perhaps he can get his staff involved.

Anonymous said...

Dilbert has nothing to do with this issue - although that has never stopped him before from trying to interject himself into damned near everything.

Would be interesting to see a local Madison taxpayer file a motion in Circuit Court over the order. If nothing else, would tie it up until next year, when the new board is in place.

I am sure before all this is over, the Ethics Commission will get a chance to review Banks' activities in this matter. He removed himself from the meeting on monday, but decided to participate Thursday. Probably thought it best to vote so there would be a total of three votes cast (yes a requirement, and different than the quorum question) but voting 'no' does not dissolve him of his obvious conflict.

The good news is Judge Henry Lackey is probably well aware of all these attempts to hijack the election process and the upcoming court proceedings. My guess is his first ruling will be on the motion to dismiss the Mandamus and to dismiss the Commission from the contest. Both are easy calls for a jurist that knows his stuff as Lackey does. Then he can look over at the Election Commission and their 'new' attorney and tell them that their motions - whatever they are - are moot. Problem solved. Move on to January and a full hearing of Banks' contest and let the three commissioners that are trying their best to ignore their professional job while protecting and now participating in the corrupt leadership that is Madison County.

Capt Wm said...

9:59 said "Mr Howland, respectfully your constituents were disappointed with your representation of them and decided to elect someone else. It happens all the time. Accept it gracefully and professionally."

How can Howland "accept it professionally"?? He has never acted professionally the entire time he has been on the BOS. As far as his "constituents"...he has two: Banks and Warnock who freakin' appointed his sorry ass to the BOS with the sole purpose of helping them continue to rob us long suffering taxpayers. There was not an iota of "leadership" from this jerk. He came to the BOS meetings, didn't say squat, and voted for everything Banks supported. He NEVER represented the suckers in District 2. I don't see he has the nerve to show his face in Madison County.

North side said...


Capt WM--
yes, that is exactly what I've seen in his actions --
Would you agree that makes Howland a puppet?
He should never hold an public office again, and who can even be sure of ethical actions if he were employed. Just a thought.
wow, what away to go out .......

Anonymous said...

Give me a Break Bill B !!

I supported you in your race for Senator, now today I get a letter asking me to donate to the election challenge for Bishop.
It smells of Chris McDaniels, some of the same wording he used in the scam like emails and letters his group sent out.

Capt Wm said...

5:13 I don't understand where McDaniels' scam fits in the conversation. I don't know this Bill B guy, but I do know the legal tab is running and Bishop is going to need help from us if he is going to prevail against Banks-Warnock. My contribution to the Bishop Defense Fund was substantial, but it did not make a dent in the legal bill.

Freedom isn't free, especially when honest people go up against the corrupt machine that Banks-Warnock have perfected. They have bank account is flush with our stolen tax dollars to use to crush their enemies. Honest people must get involved if they want honest, efficient government.

Anonymous said...

Prayers to David Bishop and Family as David's Brother passed away on Saturday 12-19-15.

Anonymous said...

Wesley Evans is proving to be a useless Boob.

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