10/8/2009 5:00:00 AM Officials broke
open meetings
law at dinner
By STEVEN G. WATSON Associate Editor
Two transportation commissioners won't appeal a ruling finding them guilty of violating the state's Open Meetings Act when they met Madison County officials for dinner and discussed funding for the Reunion interchange.
Last week Northern District Transportation Commissioner Bill Minor and Southern District Transportation Commissioner Wayne Brown denied the charges, but this week withdrew their request for a hearing.
In a report filed late last week, state Ethics Commission Executive Director Tom Hood said Minor and Brown did "knowingly and willfully" violate the Open Meetings Act when they met with District 2 Supervisor Tim Johnson and County Engineer Rudy Warnock at Jackson restaurant on Aug. 10.
Minor admitted to discussing funds for the proposed Reunion Interchange during the dinner, a violation of open meetings laws since a quorum of the transportation commission was present.
Central District Transportation Commissioner Dick Hall filed a complaint over the issue in August claiming the group was attempting to circumvent his authority on a project located inside his district.
Hood had scheduled a hearing on the case, but will now simply present his report to the commission this Friday.
"Procedurally they will take up my recommendation and they can accept it, modify it or remand it for a hearing," Hood said, adding that a hearing is unlikely. "The way the law is set up they (Minor and Brown) get a hearing if they want one, but if they don't there's not one."
If a hearing had been necessary subpoenas would have been issued to Johnson and Warnock as well as St. Dominic's attorney Ed Brunini, Jr. and MDOT Executive Director Larry L. "Butch" Brown who were also present at the dinner.
As part of the report's findings, a response by Minor to the initial complaint was cited.
In the response, Minor denied any wrongdoing, but confirmed the violation by giving a detailed account of the meeting and admitting the group discussed funding for Reunion Interchange.
Hood's report determined, "they assembled a quorum of the Mississippi Transportation Commission and discussed a matter over which the Mississippi Transportation Commission has jurisdiction without providing public access, providing notice or recording minutes."
Following the reports release last Friday, Minor continued to deny any wrongdoing, saying he would appeal the decision.
"Somebody invited me to dinner," Minor said. "Can I just tell a fellow he can't ask me anything?"
Beside a written reprimand by the Ethics Commission, the only other penalty for breaking the open meetings law is a $100 dollar fine, which has to be imposed on the public body, not the individual.
Hood said the fine will not be levied for this reason.
"I don't think it makes sense to fine the Public Transportation Commission," Hood said.
Hall has long been at odds with Minor and Wayne Brown, and opposed the appointment of Butch Brown as MDOT Executive Director.
Warnock ran against Hall in 2007 for the Central District Transportation Commissioner position and lost.
Warnock received strong support from Johnson and financial support from Minor during his campain.
Warnock also serves as the design and construction engineer on the Reunion interchange project.
Brunini represents St. Dominic, which owns property near the proposed interchange and has plans to build a new facility there.
