By Billy Davis and John Howell Sr.

Como aldermen have hired an attorney to help town government recover penalties and interest levied by the Public Employees Retirement Fund (PERS) that continue to plague the cash-strapped town.

The city board voted unanimously at their June meeting Tuesday night to hire Tim Peeples of Oxford, who is employed by law firm Daniel, Coker, Horton and Bell.

Town government received a demand in June 2010 from PERS for almost $40,000 that included the cumulative penalties and interest on an original amount of about $4,500 that was not contributed by the town on behalf of then-police chief John Boyd.

Facing a PERS threat to attach state funds due the town, Como town officials agreed reluctantly — because the former police chief’s wife was the town clerk during the period when he should have been enrolled and making contributions to PERS — to repay the $40,000 in monthly installments of $1,450.

At their May meeting, aldermen asked town attorney Trey Lamar to return with a recommended hiring.

Lamar introduced Peeples and disclosed that two other attorneys were also interested in working on behalf of town government.

Describing the typical legal steps, Peeples said he would to “try to make a deal on the front end” before proceeding with a lawsuit.

Then the topic moved to attorney’s fees. Peeples said his firm charges $175 per hour, which he acknowledged “sounds like a lot.”

Lamar told aldermen and Mayor Everette Hill that other law firms charge more, as much as $250 an hour, and that $175 was a typical fee. 

Alderman Forster Ruhl suggested a “cap” for attorney’s fees, and asked Peeples to notify town government as the hours accumulated.

Peeples said he would notify anybody the town requested — the Board of Aldermen, Mayor Hill, or Town Clerk Scott Rhines.

Lamar also advised Mayor Hill and the Board of Aldermen that he was stepping back from any pending lawsuit due to his relationship with the Boyd family.

Lamar was answering a question from Alderman Bill Mitchell when he explained he technically has no “conflict” but simply knows the family.

Peeples, however, described Lamar as a “valuable resource” due to his knowledge of background information.

In other town business:

•Tommy Rayburn informed town officials that he was formally notifying them of his pending retirement as public works director.

An audible groan came from audience members at Rayburn’s news of his coming departure.

Rayburn, a certified gas operator, was hired during the term of late Mayor Judy Sumner.

•Mayor Hill and the board postponed a zoning decision over a mobile home until Lamar researches the town ordinance.

Rachel Powell asked in May for permission to move a new mobile home to a lot where a dilapidated mobile home had been removed.

She returned again Tuesday night, with a supportive audience, to demand the new mobile home be allowed on the lot.

Powell also returned with letters of support from neighbors, though aldermen pointed out that Powell had written the letter and neighbors signed it.

Other audience members questioned if town government was setting a precedent if aldermen allowed Powell to proceed without following zoning rules. 

Alderman Ruby Higginbottom called the vocal opposition “unreal,” but Lamar explained that a public hearing was held during the last request for a variance.

With arguments passing back and forth, Mayor Hill cut off discussion and said town government would follow Lamar’s suggestion to research town ordinances.

•Mayor Hill appointed Higginbottom Como police commissioner at the same time he said continuous complaints are reaching him about police officers.

“The complaints are not directed at you, Chief,” Hill told Police Chief Fred Boskey, who was seated nearby.

“Are you going to give her your badge?” Alderman Clark Gregory quipped to the mayor.

Hill was appointed police commissioner when he served as town alderman.