Councilman Merritt (left) hears Attorney Brown Mosley go over charges. The Colquitt City Council removed Councilman Algin Merritt from his seat on the council due to ethics violations at a special meeting Tuesday, April 27, 2010.

This is the first councilman in recent history if ever that was removed from the city council of Colquitt due to ethics violations. Colquitt is a “Certified City of Ethics.”

The meeting was opened by Mayor Jerry Chapman, and he directed a packed council room that this was a courtroom, and those in attendance at the hearing were expected to act as if it were a court hearing.

Former District Attorney from Bainbridge, Brown Mosley, was requested by the mayor and council to be in charge of the hearing.

The ethics charges were based on Councilman Algin Merritt (1) using his public office for private gain (2) impeding government efficiency or economy.

3) affecting adversely the confidence of the public in the integrity of the government.

This was all based on Section 2-282 of the City of Colquitt’s Code of Ethics that states: A city council member shall not use his position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to him or person within his immediate family, or those with whom a council member has business or financial ties.

The ethics board found that Algin Merritt attempted to obstruct justice and/or an investigation process. The ethics board found enough evidence sufficient that there is probable cause to believe that Councilman Merritt violated Sections 2-278 and 2-282 of the Code of Ethics for the City of Colquitt and sufficient facts have been alleged to invoke the disciplinary jurisdiction of the city council. This recommendation was given to the City Council on April 7, 2010.

On the April 13, meeting of the city council, the review of the Board of Ethics investigation into the complaint against Councilman Merritt was read, and the city council unanimously voted to hold a public hearing on Tuesday, April 27.

After Counsel Brown Mosley questioned Colquitt Police Chief Scott Worsley about the incident of Councilman Merritt’s requested meeting with the chief, a video of the meeting of the two city officials was played in the courtroom showing that Councilman Merritt attempted to get Chief Worsley to drop or change the charges.

The only mention of the criminal charges was when Attorney Mosley questioned Chief Worsley about the six warrants issued against Merritt for alleged sale of alcohol on Sunday, without a license and too near a church.

After the questions, and before the vote, Mayor Chapman allowed Councilman Merritt to speak. He apologized for using profanity on the two DVD’s shown. He stated that he did not know the conversation with the chief was being videoed.

Board of Education member, Leroy Bush testified on behalf of Councilman Merritt, stating that he and Merritt had met with Chief Worsley and Sheriff Glass, and they had approved the Fun House activities for Bush and Merritt.

It was noted by the council that Bush and Merritt could not sell alcohol since no license had been issued.

Bush stated that no alcohol had been sold to minors.

Attorney Mosely asked if the charges had been ajudicated.

Chief Worsely stated that they would be tried in Miller County State Court.

As the proceedings continued, Merritt’s brother and Leroy Bush were ejected from the room since they continued to disturb the hearing.

After Counsel Mosley finished the proceedings concerning evidence, the Mayor and City Council voted that Merritt have disciplinary action as per the City of Colquitt’s Code of Ordinances. Councilman George Williams made the motion. Grady Jarvis seconded the motion. ReCarlos Williams voted against the motion, and Mayor Chapman voted in favor.

The next motion was to remove Councilman Merritt from the council due to his attempt to obstruct justice by using his position to coerce Chief Worsley to provide financial benefit to him. Councilman George Williams made the motion to remove Merritt from the council seat. Grady Jarvis seconded the motion. ReCarlos Williams voted against the motion and Mayor Chapman voted in favor of removing.

Merritt was told that he had 10 days to appeal the decision of the Mayor and Council in Superior Court.

Others at the hearing were the Rev. Adren Bivins Sr. and his attorney who have an interest in the activities of the Fun House.