At the last regular meeting of the Miller County Commissioners (BoC) on Monday, April 12, a lot of business was transacted. Present were Barbie Womble, Wallace Phillips, Clyde Jinks and Bo Haywood, along with employees Deborah Pearce, Tammy Ivy and Andy Moore. There were also between 25-35 citizens present in the courtroom. Commissioner Frankie Phillips was not present at the start of the meeting.

Most of the meeting was taken up by road department secretary, Andy Moore, explaining about pipes and charges.

In the old business, a E911 maintenance agreement was signed after being voted on by all members.

Clyde Jinks made a motion authorizing the chairman and clerk to sign all documents to sell/purchase the EMS building to sell to the Miller County Hospital and purchase the Arts Council Building on Main Street. The motion was seconded by Bo Haywood. All present voted in favor of the motion.

This was after the BoC received a Fax from the law offices of Boone & Stone concerning the proposed ordinance No. 10-01. It stated that their firm had been asked to represent Parks Callan, Gerald Jenkins and Kreg Freeman, Miller County citizens who opposed the adoption of the ordinance. The request was to take the adoption of the ordinance off the agenda because it is unconstitutional, and, if adopted, will be challenged successfully in the courts at considerable, unnecessary expense to Miller County taxpayers.

The notice to the BoC prior to the meeting indicated that they, the BoC, has no lawful authority to adopt proposed ordinance 10-01. To make the changes allowing or empowering officials to expend county funds for the purchase of goods, property or services of any kind for public or county purposes shall be financially interested directly or indirectly in any contract to which the county is a party, either as a principal, surety or other- wise; nor shall such member of the board, officer, partner, agent, servant, or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contracts made in violation of any of the foregoing provisions shall be illegal and the person who violates this section shall be removed form office upon proper proceedings instituted by any taxpayer of the county in accordance with the provision of section 36-1-14 of the OCGA, relating to the purchase of goods or property by interested county officers with county funds.

One case cited was Richardson vs. Phillips, 2010 WL 457732, 2 (Ga.App., 2010) holding that a Miller County Commissioner may be removed from office on petition by any taxpayer for transacting business with the county even if the prohibited transaction is completed and the county suffered no loss from it.

The notice stated that their clients would also seek an award of expenses of litigation, including attorney's fees against you personally. The taxpayer should not bear the expense of your actions done without authority. The usual rate for hourly billing is $600.00 per hour, which is the rate the award sought will be based on.

A number of other items were stated in the notice of proposed litigation.

The letter noted that if the BoC feels such an amendment to the Local Act is desirable, then requesting the General Assembly to adopt local legislation is the only way the Local Act constitutional can be amended to accomplish this.

Motion was made by Clyde Jinks to go into closed session and seconded by Wallace Phillips. All members voted in favor. Commissioner Frankie Phillips came in during the closed session.

One observer asked for what reason was the BoC going into closed session.

Chairman Womble stated it was to discuss pending litigation.

Everyone other than those going into closed session were asked to leave the courtroom.

Before the citizens left the courtroom, Commissioner Haywood requested that those present be allowed to ask questions. A number of questions came forth, and one was why the BoC was running the Pataula Drug Squad from the county.

Haywood stated that that item was going to be revisited since he had been told wrong about the task force.

After a short closed session, the BoC came out of closed session, and clerk Deborah Pearce gave the second reading of Ordinance 10-01. Motion was made by Clyde Jinks and seconded by Bo Haywood to adopt Ordinance 10-01. All were in favor, motion carried.

A motion was then made by Wallace Phillips and seconded by Clyde Jinks to send ACCG a letter about the lawsuit. All members were in favor.

A motion was made by Bo Haywood and seconded by Clyde Jinks to send a letter to the Constitutional Officers and Stone informing them that the BoC have not received any updates and would like to handle legal issues. All were in favor. The invoice from Broome and Stone on that case pending with the Constitutional Officers was paid by the county.

Motion to adjourn was made and voted on.