City Attorney John Zollicoffer began this portion of Monday’s Henderson City Council by reporting on a memorandum he had composed and delivered to members at the behest of the council during the last meeting.
In the memo acquired by Home in Henderson, Zollicoffer indicated methods of investigation, as well as an attorney who could conduct the inquiry. The city attorney recommended Charles Davis, a lawyer of 45 years’ practice who has conducted similar investigations in the past.
Henderson Mayor Clem Seifert once again expressed the hope that the city council would not take it upon itself to conduct the investigation. According to Seifert, the investigation has the potential to get deeper into the formation of the Search and Transition Committee itself.
The Search and Transition Committee was formed shortly after the termination of former City Manager Eric Williams. Its main purpose was to find a new city manager. It was disbanded after Jerry Moss was conferred the status of permanent rather than interim manager.
Council member Elissa Yount suggested that Attorney Davis be contacted and asked about his fees for service.
Zollicoffer inquired as to the scope of what the council wants to be investigated.
Council member Lynn Harper, who originally called for the investigation along with Yount, said that there was no reason not to investigate the entire process.
Mary Emma Evans, the council member who has been most strongly opposed to the investigation, stated that there were questions before Dennis Tharrington made his remarks.
“Why are we jumping on just that part?” Evans asked.
Tharrington made accusations regarding irregularities in the hiring process of the city manager at a joint Embassy Board/City Council meeting on May 24. An audio excerpt of his remarks may be heard here. Home in Henderson apologizes for the poor quality of the audio.
Seifert stated that he was under the impression that Tharrington’s comments raised a different set of issues.
Council member Bobby Gupton said that Tharrington is seeking out former members of the Search and Transition committee in public places and accusing them of “things”.
Garry Daeke, a member of the council who also has advocated for the investigation, asked that the city attorney talk to Davis and look at the initial question Tharrington raised, and then look at the process to see if a further investigation is warrented.
Evans cautioned that bringing city employees into the investigation required the council to be careful. She said that Tharrington and council members have been asking employees questions. Evans said that employees may be reluctant to answer, and that the investigation would put them on the spot, perhaps under oath.
Gupton replied that he had asked two people at city hall, and both replied that they had not seen the application in question.
Council member Lonnie Davis, who had remained silent for much of the debate, stated that if the council had nothing to hide then he saw no need for an investigation.
“We’re going to be accused of things,” he said. “I just don’t see a need.”
Gupton reiterated that he expected the city to look into it and “clear his name”.
Zollicoffer estimated that Attorney Davis’ hourly rate would be in the range of $150 per hour.
Harper suggested that four hours, or $600, be allocated to start.
Bernard Alston, the only council member who is also an attorney, asked members what would happen if Attorney Davis substantiated impropriety.
Yount replied that it would be “good open government process”. She said the council would “deal with it” when it got to it.
Zollicoffer asked for and was granted two assurances on behalf of Attorney Davis: one, that he be able to obtain confidential information, and, two, that anyone who talks to him would be guaranteed freedom from repercussions.
A motion to empower Zollicoffer to contact Attorney Charles Davis passed with Lonnie Davis casting the only negative vote.