City lawsuit still on docket

By: Staff | SCNow
Published: April 16, 2009

Marion City Attorney Kenneth Davis said the lawsuit between the former mayor of Marion, the late Bobby Gerald, remains on the court dockets, and could be dismissed.

Gerald sued Council members Bobby Davis, Poiette Bromell McGill, Ronald Davis and Michael Baker, in early 2008, saying their approval of a an ordinance that created a new position was an illegal move.

Council members created the job of city administrator and passed the ordinance that created the position on a 4-3 vote. Once the position was created, the position of assistant to the mayor was done away with, ousting the person who was filling the position.

The assistant to the mayor position had been filled by the mayor's appointment and he contended that as the city's chief administrative officer, only he could hire and fire.
The city of Marion has a strong mayor-weak council form of government.

Additionally, the four council members hired, in late February-early March, a private attorney to investigate Gerald. Specifically, the investigator was asked to look into a land deal made by Gerald seven years ago, but one which council members said they had "just found out about" late last year.

Gerald sold five acres of his land on Mills Street to the city fire department for $35,000 in 2002. Paperwork provided to council members by Marion's treasurer, Patricia Brown, documented the transaction.
Mayor Pro Tem Bobby Davis contended the sale was a conflict of interest and a violation of the state ethics act.

Gerald was paying for his lawsuit against the city, but the city is paying its attorney to represent the four council members. So far, that bill is just over $31,000.

Kenneth Davis said Tuesday night at the city council meeting that the lawsuit could be dismissed, but he has yet to discuss the matter with Gerald's attorney Danny C. Crowe. He said he is hopeful it could be resolved without going to court.

"I'm waiting to hear back from him," Kenneth Davis said, adding that it would take some type of action to get the lawsuit dropped. "It's not something that we're pushing ... we're just standing down until he gets back to us after discussing with whomever he needs to talk to about it," he added.

Telephone calls to Crowe, an attorney with the Turner Padget law firm, have not been returned.