A civil suit was filed Tuesday, June 1, 2010, against the Miller County Commissioners, Barbie Womble, Frankie C. Phillips, Wallace R. Phillips, G. Clyde Jinks Jr. and Jimmy (Bo) Haywood by three citizens of the county: Parks Callan, Gerald Jenkins and Kreg Freeman, all residents, registered voters and taxpayers of Miller County.

A civil suit was promised if the county commissioners did not back away from their Ordinance 10-1 that allegedly would change the laws the Miller County commissioners have been under since the local act was created in 1983.

According to the suit, on March 8, 2010, in a regular open meeting, the Board of Commissioners read an ordinance No. 10-1 for the first time. The ordinance was published in the Miller County Liberal for three weeks. On April 12, 2010, the board of commissioners read the ordinance for the second time where Commissioner Jinks made a motion and Commissioner Haywood seconded the adoption of the Ordinance 10-1 with all commissioners voting in favor of adoption.

The suit asks for a judicial of their legal rights, the legal rights of the citizens and taxpayers of Miller County with respect to the Ordinance 10-1, as well as a judicial determination that the ordinance violates the Georgia Constitution, and is, therefore, null and void and without force and effect.

The ordinance voted on is purporting to amend local acts that are prohibited by state law. The authority of the commissioners is being challenged by this particular lawsuit.

Another lawsuit against a county commissioner is pending concerning one of the same issues of seated commissioners doing business with the county that they represent.

There are many issues in this lawsuit that will be made public in the future.

This suit purports that the ordinance amends and changes the commissioners transacting any business with Miller County, permitting or allowing anyone except the Chairman and Clerk of the Board of Commissioners to sign any checks drawn on county bank accounts, and any other official or unofficial actions.

Prior to the April 12, 2010 meeting of the Board of Commissioners at which the ordinance was adopted, the plaintiffs caused notice to be served by their attorney on the defendants informing them that the proposed ordinance to be considered at that meeting was unconstitutional and void, and requesting them to take no further action to adopt this ordinance. The notice also informed the defendants that because their proposed actions relating to the proposed ordinance are ultra vires, they have no official immunity protecting them from liability for any harm they cause to Miller County, including an award of litigation expenses and attorney's fees.

The suit states the defendants proceeded to adopt the ordinance without legal authority to do so. The defendants have acted in bad faith in willfully and knowingly purporting to adopt an unconstitutional ordinance without legal authority to do so, have been stubbornly litigious, and have put the plaintiffs to unnecessary trouble and expense.

The plaintiffs state that they are entitled to recover their expenses of litigation including attorney's fees from defendants Womble, Frankie Phillips, Wallace Phillips, Jinks, and Haywood, individually, because their acts are unauthorized by law. A judgment against defendants Womble, Frankie Phillips, Wallace Phillips, Jinks, and Haywood, individually, requires they personally reimburse Miller County, Georgia, for all its expenses of litigation, including attorney's fees; and such other and further relief as equity and justice may require.

The Miller County Commissioners had a special called meeting on Friday, June 4, 2010, for the purpose of discussing insurance and legal issues. The meeting was closed to the public on the legal issues.

The commissioners’ office was called on Monday, June 7, to find out what went on at the special called closed meeting, and the receptionist stated that no one was in the office except her and Carol Newberry. She stated that Ms. Newberry was very busy.

A returned call was requested. No call was forthcoming.

It was not known which lawsuit was being discussed in the private, closed meeting.

There are two lawsuits against county commissioners pending. Both concern seated county commissioners doing business with Miller County, spending county funds and voting to do it, which is purported to be against state law.