Tim Mitchell's resignation as Webster County sheriff was to take effect today, but he changed his mind five days after being arrested on multiple felony charges.
Mitchell, in a signed letter dated Dec. 24, wrote, “I hereby withdraw my resignation as Webster County Sheriff. I fully intend on serving out my term as Sheriff, as I was elected by the citizens of Webster County to do.”
Chancery Clerk Russ Turner and Pat Cummings, president of the Board of Supervisors, said Mitchell’s son, Seth, delivered copies of the letter to their homes on Christmas Day, Dec. 25. Mitchell had submitted a letter of resignation to the board Nov. 30, stating he was resigning as sheriff effective Jan. 2 because of declining health issues.
The Mississippi Highway Patrol and other state agencies arrested the sheriff at his Hobby Road home Dec. 19, charging him with two counts of embezzlement, two counts of trafficking in stolen firearms, attempting sex and/or sexual acts with an inmate, tampering with physical evidence, three counts of retaliation against a witness, permitting possession and/or sale of controlled substance in jail, and two counts of furnishing an inmate with weapons, cell phone and narcotics. He remained in the Lafayette County Detention Center as of Friday on a $400,000 bond.
Webster County supervisors accepted Mitchell’s letter withdrawing his resignation after board attorney Buchanan Meek Jr. read it aloud during a recessed meeting Friday.
Other messages
Before that, Meek read aloud two other signed messages from the sheriff regarding two deputies, both effective as of Dec. 19. As reported last week, District Attorney Doug Evans had delivered copies to Turner’s office on Dec. 20.
One statement said Mitchell had appointed Andy McCants as chief deputy, giving him the full powers of sheriff “during such time as I am unable to serve.” The other announced Mitchell was firing and terminating the employment of Deputy Sheriff Landon Griffin.
The board then voted to enroll both messages received from the sheriff on the minutes. Paul Crowley (District 4), who made the motion to do so, said, “I do that with reservations but … it’s got to go on the minutes.”
He was apparently referring specifically to Griffin’s firing. Mitchell, in that statement, alleged the deputy’s termination was due to “criminal activities and activities unbecoming an officer of the law.”
Griffin and his attorney, Francis Springer of Jackson, were in the boardroom and Springer indicated they would like to address the board in executive session.
Under the state Open Meetings Act, a public body must first vote to enter into closed determination upon the issue of whether or not to declare an executive session. The meeting can then be closed for a preliminary determination of the necessity for executive session. No other business can be transacted until the discussion of the nature of the matter requiring executive session has been completed.
The supervisors did vote to go into closed session for personnel matters, and only Griffin and Springer remained in the boardroom with them. The board came back into open session about 10 minutes later without actually voting to go into executive session, according to the supervisors.
Response by
Griffin’s attorney
Board President Pat Cummings then asked Springer if he’d like to address the board in open session. Springer said, “Nothing in that letter is material fact.”
Springer, in a separate statement to the Progress-Times, said the details of Mitchell’s letter regarding Griffin are totally unsubstantiated.
“We view it as libelous and we’re considering our legal options at this time based on wrongful termination,” he said. “This is a wrongful termination at least.”
Sheriff’s status
Griffin, before leaving the meeting, asked the board, “Who’s the sheriff … who’s making decisions?” Mitchell said in his statement appointing McCants chief deputy that McCants has the authority to hire and fire personnel, run the Sheriff’s Department and handle budget matters.
Supervisors and others responded that, short of being convicted of a felony, Mitchell will remain in office as sheriff since his resignation was withdrawn. Meek cited attorney general’s opinions that any elected official’s resignation can be rescinded up until the effective date.
If Mitchell is convicted of a felony before his second term expires Dec. 31, Meek said the court would have the discretion to remove him. Evans has said the charges against Mitchell will be presented to a grand jury, with the next one meeting Jan. 14 at the beginning of a two-week Circuit Court term.
March 1 is the qualifying deadline for this year’s state and county elections. Party primaries are Aug. 6 with runoffs on Aug. 27, and the general election on Nov. 5.
Other matters
Also Friday, the board approved two requests from McCants regarding other personnel for the Sheriff’s Department.
One was to change the status of Beau Powell from part-time to full-time deputy effective immediately. He will have to be certified within a year. The other was to appoint EMA Director/Fire Coordinator Barry Rushing as a part-time deputy to serve as county fire investigator retroactive to Dec. 26.
Afterwards, McCants also asked to discuss personnel issues with the Board of Supervisors in executive session. The board did vote to go into closed session and then enter into executive session with him. No action was taken following that discussion.
Hugh Bland and Alan Watkins of Universal Solutions met with the board concerning phone system needs for the new courthouse.
The board voted to pay Willis Engineering $2,912.45 for fees involving the expansion of village of Walthall utilities. The invoice will be paid from Appalachian Regional Commission grant funds (70 percent) and matching county funds. Program Coordinator Spencer Broocks with the Golden Triangle Planning and Development District presented the request for cash.
The board adjourned until 8:30 a.m. Monday.
