Como aldermen hire prosecuting attorney 9/13/2013

Published 12:00 am Friday, September 13, 2013

Como aldermen hire prosecuting attorney


By John Howell Sr.
Como aldermen approved the hiring of a town prosecuting attorney and two reserve police officers Tuesday night.

The actions came during an executive session that came near the end of the open session that consumed the first 50 minutes of their monthly meeting.

Wes Ehrhardt was hired as prosecutor for Como’s weekly court sessions, Mayor Everette Hill announced after completion of the executive session. Ehrhardt’s pay was set at $400 monthly. Aldermen reserved the right to negotiate if his services are needed only twice monthly.

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Ehrhardt follows Gaines Baker who had earlier been appointed judge for the municipal court. Board attorney John Calvin Patterson recommended Ehrhardt to aldermen. Patterson and Ehrhardt are partners in the Patterson Ehrhardt, PLLC law firm that has its offices in Como.
Como Police Chief Earl Burdette sought and received, during the executive session, authorization to name two reserve officers to be used on an as needed basis “for emergency purposes,” the mayor said.

The town attorney also described procedures for cleaning up private property that is overgrown with weeds and grass and/or filled with junk.

“Even though we passed an ordinance, … we can’t just go on private property without a hearing,” Patterson said. “I’m advising the board to stop cutting on private property without procedural notice,” Patterson said.

“We need a public works director so he can come in here on a case by case basis and tell us whether or not they need to do it,” the attorney said. The cleanups of private property require public notice and a public hearing before municipal workers can work on private property, he said.

The attorney also:

• Asked town officials’ permission to pursue recovery from the former town clerk’s bonding company for cash paid for a fine that was not recorded in town coffers. Aldermen took no action on the recommendation;

• Advised board not give refunds on sewer and water until a public works director can be hired to determine whether water lost during leaks is the town’s fault or the water customer’s. Alderman Teresa Dishmon, during the August meeting, had requested the attorney determine how the town should respond to occasional refunds when water customers are billed for unusually high usage;

• Advised passage during the meeting of a motion to set the ad valorem tax rate. Aldermen voted unanimously to set the millage at the same rate as last year;

• Reported that the town potentially has a $1.3 million claim in the Affordable Housing Mississippi, LLC bankruptcy. Patterson said that  attorney Robert Lominac, hired last month by Como to represent the town to become a secured creditor in the bankruptcy proceedings. Affordable Housing Mississippi, LLC is the management company for Como Apartments One, Two and Three. The Mississippi Secretary of State lists Robert K. Farrar of Olive Branch and William T. Dawson of Byhalia as principals in the limited liability corporation:

• Informed the mayor and aldermen that he would need to speak to them in executive session about litigation in a suit styled Ronnie Montgomery vs. the Town of Como. Patterson said that he would also need to speak with former elected officials about the legal proceedings.

All town officials were in attendance at Tuesday’s meeting. Karen Patterson, John Calvin Patterson’s wife and an attorney herself recorded minutes in the absence of town clerk Kara Killebrew, who had an emergency that prevented her from attending, Mayor Hill said.