NEWS

Hattiesburg mayor cited for contempt of court order

Tim Doherty
American Staff Writer

After being found in civil contempt of a court order Thursday afternoon, Hattiesburg Mayor Johnny DuPree will have to show in two weeks why that charge should not be enforced.

If not, the four-term mayor could find himself taken into the custody of the Forrest County Sheriff Department.

Special Judge L. Breland Hilburn found DuPree in civil contempt for failing to submit in an appropriate fashion administrative candidates requiring City Council approval.

"I am disturbed that the court had to get to this posture," Hilburn said. "Sometimes, the court finds itself in an unfortunate position, but here we are."

It was the latest act in a 19-month drama that only has intensified since Councilmen Carter Carroll and Kim Bradley filed a civil complaint in November, asking that the court require DuPree to bring appropriate, legally-qualified nominees forward for approval.

Hilburn granted the request for mandamus in January, relying on a 2006 decision by the 12th District Circuit Court and affirmed in 2007 by the Mississippi Supreme Court when three councilmen filed a similar complaint against DuPree for his failure to submit candidates.

He amended his original order in February to add a specific time frame, and then Thursday, found himself in Forrest County Circuit Court for a third time, hearing that the final position of 17 positions requiring approval remained unconfirmed.

"It is plain that this defendant has failed to comply with a clear order of this court to provide nominees for the vacant offices of the City of Hattiesburg, and forthwith, bring additional names in the event City Council failed to approve the nominees of the mayor," Hilburn said.

Hilburn said the 2007 decision by the state's highest court provided a clear blueprint for what was expected.

"It is not necessarily only the order of this court, but the order of the Mississippi Supreme Court, which directed this specific mayor as to exactly what he was required to do, and for some reason, that has not been done," Hilburn said.

After finding him in contempt, Hilburn ordered DuPree to return at 1 p.m. May 21 "to show why the finding of civil contempt should not be enforced by this court.

"The mayor will be required to show cause why the court's findings of contempt should not be carried out."

Should DuPree not be able to do so, Hilburn ordered that he will be "remanded into the custody of the Forrest County sheriff."

DuPree said during the 19-month period since his re-election, he has submitted candidates for each of the 17 positions requiring approval, that the council had rejected nine submissions and that 16 of the 17 positions have been confirmed and filled.

Two positions, city attorney and city clerk, have been filled in the past three weeks, and DuPree said he interviewed four candidates last week for the final opening, police chief.

"I think this lawsuit is frivolous," DuPree said. "I had hoped to have (a police chief candidate) just like I did the clerk (on the agenda) this last Tuesday."

DuPree said the tension between the administration and council has narrowed the pool of potential candidates, as has the possibility of a short stint serving out the final two years of DuPree's term.

"You know, it sounds easy to go out here and say, 'OK, you come and be whatever position,' but those people have to determine whether they want to be there for two years and then possibly be out of a job or stay where they are."

Bradley said he had mixed emotions about Thursday's proceedings.

"I'm disappointed that we had to come this far and for the judge to find our mayor, Mayor DuPree, in contempt of the court order," Bradley said. "It really is sad.

"But, I guess I am glad that we have a judge who is trying to hold this man accountable because it's our city. It really is a sad day more than it is a good day."