MEDC’s Ryburn & Monticello Mayor Explain their Opinions on MEDC vs. Court Issue
June 10th, 2011 by Shane GlassDistrict Judge Ken Harper was on the meeting’s agenda to speak to the City Council Thursday night about the recent incident involving the MEDC and the courthouse doors, which led to an alleged incident between MEDC executive director Nita McDaniel and Harper.
MEDC president Benny Ryburn asked for a few minutes to speak about the incident. Ryburn said McDaniel and judge Teresa French had agreed on how to handle the door situation.
“I think everything has been blown out of proportion,” he said. “Mrs. McDaniel nor the MEDC have been in the wrong. She consulted with judge Teresa French, they came up with a solution to the problem of overcrowding at the front of the building. With the closed court issue, she plainly explains in (an article published in the Advance Monticellonian) that French decided to use the front corridor (for closed-court sessions)—that’s why they put the paper over the windows, so she wouldn’t be disturbed, and locked the doors.”
Maxwell said he complained to the sheriff about the lack of help from the bailiffs, who Maxwell said should have helped find seating for the crowd. He also said neither judge (Harper nor French) took any precautions to solve the overcrowding issue. Maxwell said he was called to the courthouse, and found 60 to 70 people standing in the corridor.
“Neither bailiff in neither court ever took one step to place some stairs out there where people could have a place to seat,” Maxwell said.
He said both judges were then asked to help, French responded and helped coordinate with McDaniels to solve the problem. Maxwell said Harper did not respond nor offer help.
Maxwell said the organizations simply need to work together to resolve these situations and prevent future problems.
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MEDC Director Files Charges Against District Judge
June 2, 2011
Recently, MonticelloLive ran a news story about the ongoing conflict involving the district courtroom sharing a building entrance with the MEDC. (That story is posted below today’s update.)
After the series of events described in that story, MEDC Director Nita McDaniel has attempted to file criminal charges with the Monticello Police Dept. against District Judge Ken Harper.
On April 28, following Monticello Mayor Allen Maxwell’s confrontation with a Circuit Court Bailiff, Judge Harper went into the MEDC office, adjoining the courtroom entrance, where the events leading to these charges took place.
According to the McDaniel’s affidavit, during that conversation, “He leaned forward, grabbed both of my upper arms and began to squeeze.” McDaniel’s typed statement adds,”At the same time, I noticed what I believe was the odor of alcohol on his breath,” and, “I no longer feel safe having to work in the same building with him.” McDaniel’s statement also reports that there were 2 witnesses present when this occurred, and possibly someone else on the phone, who may have overheard.
Generally, the touching described in the affidavit could fall under the charges of battery or assault, depending on the opinion of the prosecuting attorney.
10th Judicial Prosecuting Attorney Thomas Deen told MonticelloLive that he will seek a “special prosecutor” to make that decision, since he could be considered to have conflict of interest in the case.
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Frustrations Flare Over Courtroom / MEDC Entrance
May 19, 2011
During a recent Juvenile Court hearing, people waiting for other cases near the front of the MEDC building (next door to City Hall) motivated Mayor Allen Maxwell to walk into a closed courtroom and confront the court’s bailiff about the people outside of the courtroom, and outside of the building.
Since juvenile court cases are not open to the public, only attorneys, court staff, and DHS s employees are allowed in the courtroom. Approximately, 20 court personnel, representing 5 counties, saw the confrontation between the mayor and the bailiff, before they moved into the foyer of the building, where the issue continued in front of other onlookers. The bailiff wasn’t aware, until they were in the foyer, that the man he led out of the courtroom was the town’s mayor.
Upon hearing about the drama in the courtroom, District Judge Ken Harper confronted a MEDC staff member, in what was later described as “an unpleasant conversation”.
Signs have been posted, previously, identifying the court’s entrance as the back of the building; but limited parking and no seating often cause increased use of the front entrance.
Mayor Maxwell told MonticelloLive that his concerns were based on the entrance and exit to the building being blocked by people standing around in groups, and sitting on the steps. He also said that Judge Teresa French had agreed that her court would use the rear entrance.
There have also been reports that the front door to the courtroom had been locked, while court has been in session. Judge Harper responded to that issue by serving an administrative order to the Mayor and MEDC director, preventing the door from being locked, based on state fire codes.
The sharing of the old post office building by the District Court and the MEDC was set up several years ago, by a previous mayor, and has been a source of mixed feelings from time to time in the past: but after recent frustrations felt by the city and the court, Judge Harper had requested to address the city council at Thursday night’s meeting, but became ill, and had to leave the meeting. His comments are expected to be heard at the next meeting.
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Seems like long ago, they discussed a new municipal building would have corrected that problem. Oh, that’s right, it’s sort of like the new fire station. It only exists in their imagination.
Who walks into a closed courtroom and hashes out a problem with the bailiff? Seriously. This is how the *mayor* gets things done?
Furthermore, a judge should not have to issue an order to keep doors from being locked while the building is in use! If the MEDC or the city locked those doors, someone should be held accountable. Not only is there the issue of the fire code, but a courtroom can be a volatile place. What if there was an outbreak of violence? A shooter? A fight? Why would you want to limit the number of exits people have to escape safely?
I was present when the Mayor walked through the courtroom on this day and I thought that it could have been handled in a more professional way.
Personally I think we should close down the square and build a new municipal building right in the middle of it. Kinda like the idea for the new fire station.
I was a witness to the actions of the mayor. Very loud, rude and arrogant. As a law enforcement officer from another county present on court business, I can only hope he comes to my court room and acts in such a manner. I think we would have room in our jail for him.
I happen to be a hearing and the mayor came in and acted unprofessional. I was surprised and disappointed. The court system is working to help families, FINS. It is ashame that the mayor appears to not want to work with the judge to do her job. I’m just saying.
So, am I the only one that doesn’t understand the problem with people standing in front of a PUBLIC building?
Katie you made the point they were infront of a PUBLIC place some where we all are free to stand. The day all this was going on I myself was standing outside speaking to a family out of the way of the door Mr. Maxwell came up screaming stay out in front of the door and y’all don’t need to be out here like a mad man. These people pay taxes purchase from stores just like anyone else. Juvenile Court has all ways been the ugly stepchild maybe if they would give some of that medc money to the court for services we would not have such a large group. Who knows what these children could give back to our town one day. But showing them how This city official acted with out professionalism is teaching the wrong thing.
If the mayor acted the way described I agree it is very unprofessional. I also agree that there should be accountability with the locked doors. Then maybe we could enforce locked doors on several businesses in town that will only unlock the door with the key hole and not unlatch the other door(s). I don’t know how many times I have encountered this situation and each time wondering how the fire marshal, health department, etc. could/would let this go. If there were to be a fire many people would be hurt or killed due to the laziness and neglect of the owner/manager of the building. Then let’s see how crowded the courtroom would be with all of the lawsuits seeking money for damages and/or loss of life!!!
Let’s close down MEDC and use their monies to build a facility for the juvenile court. This is not the mayor’s only outburst.
What I do not understand is why there is so much concern over entrance, parking and noise. Shouldn’t the main concern be WHY we have over a 100 kids in juvenile court????? Perhaps some of the concern should be directed to providing more resources and appropriate activities for our youth.
How humiliating…………………..regardless of the facts or issues, it sounds as if this was handled VERY poorly and disturbs me as resident. To the baliff, good for you. Shouldn’t matter if you knew it was the mayor or not, you did your job!
If the Mayor walked into a court room while court was in session. The Judge should have held him in contempt and ordered him to either pay a fine or go to jail.
i think that they should do people more courteous
I was in juvenile court a couple months ago and the people in the foyer were being too loud for the MEDC (they weren’t that loud), they called the mayor and complained and a couple minutes later he shows up hollering for chairs and ordered everyone to sit down like he’s the boss. Someone should explain to him that being the mayor does not make you god.
I am in agreement with Karen. who pointed out a real issue. I have seen an increase in the number of juvenile’s entering into the legal system.. If more energy was put into “real things” that are impacting our children and community; and less time into petty things, then maybe a real difference can be made in peoples lives.
I would be very disappointed if a young impressionable person were to say, “When I grow up I want to be mayor one day so I can act just like that”. Advice to the mayor-be careful what you say and do because you never know who is watching. It could have been your grandchildren.
We, as adults and leaders should be more careful. I was told once to be quick to listen and slow to speak. In your case I’ll just say think before you speak.
The conduct of leaders who lock the doors to a public building, sweep people off the sidewalks and direct the public to use the back door is inexcusable! If public “servants” can’t remember that the building and the sidewalks are paid for with public money, and indeed, their
Paychecks are paid by public and not private monies, then they need to step away or at the very least remember on whom the role of servant rests.
If the idea is to promote this community it is not wise to treat residents residents with disdain but rather with respect and affection. Common courtesy is the least required of us no matter our station.
Disappointed
I think people should have more respect for our court system than what this mayor showed. He should be an example for the public and if this is showing it then what is our youth going to turn out like. I say thumbs up to the judge that stood up to him! I think if was someone “not so important” they would have been fined for this kind of act. There is a law against acting this away in public, just not sure what it is. I dont trust noone that wears sunglasses all the time! Take those glasses off Mayor so someone can see your eyes and the truth behind them!
Note: Mayor Maxwell has stated in publc meetings that he has sensitive eyes, and apologized for any inconvenience caused by them. Joe B.
Karen is on the right track, but what is actually needed is parenting classes or other way to deal with parents. Some parents just don’t care what their kids do. They let them run the streets and have no idea where they are.I realize kids can act up regardless of parenting, but think about how many of these kids may have parents addicted to drugs and/or alcohol or just plain don’t care about what is going on with their kids. When I was a kid, I never even heard of juvenile court.
Oh,and WTG—some peoples’ eyes are very sensitive to light. Even pictures of sunlight hurt my eyes, so unless you know why the mayor is wearing sunglasses,don’t down him for it. He may have a medical problem.
Many times in our lives, we act out in selfishness (Selfish being my middle name) not considering others RIGHTS or the laws that we may be breaking in our selfish rants (tantrums if you will).
Our country was built on laws, though many are frivolous, all are designed to protect the public, and fire codes should ALWAYS be abided.
The LAW will always prevail!
A kind word to the Mayor from my mother during my youth.
“Don’t buck the law, son.”
Just because a kids acts out or up, does not necessarily mean that their parents are druggies and/or doesn’t care about their kids. Children of preachers, teacher, and lawyers often are troubled kids. Their parent “title” or professsion has no bearing on this issue. So, instead of looking at troubled children like “they parents don’t care about them”, “their parents aren’t teaching/watching them” or ” their a product of their environment,” try to help them and understand them. Instead of looking at them and the parents with your nose turned up!!!
If you is going to rant on heres. Learns to spells. Ranting about something and not spelling your words correctly and/or abusing the English language only makes you look bad. Several of you make good points. The Mayor should act a little more professionally.
thanks
@ Teacher Tom, I’s agrees withs yous! I believes thats mys eyeballs ares nows confuseds! Maybe there will be a more professional Mayor elected next time!!
It is obvious this is a serious issue, but the MEDC needs only a reception area, Office for Executive Director which could include a Conference Table sufficent for Board Members and guest accomandations. There are several vacant facilities in the downtown area which could accomandate this. The Chamber facility with its down sized budget could accomadate the Executive Director nd share reception entity with the Chamber Director of whom would be a good asset to MEDC director. Monticello like most small economys are in a challenging predecement and an experienced efficient Glenda Nichols will be an assset roomate to the MEDC Director. The Courts needs this facility it is more economical to accomandate them there than to construct or renovate a facility during this stressful economic period; just move the MEDC it is simple economics.
Bishop Sam Wherry
Senior Marketing Research Analyst
This article confuses me. Was it the mayor or the judge who smelled of alcohol?
Shows the real need in this town for a Juvenile Justice Facility with adequate space for people waiting and with the Courtroom. The facility we currently have is to me in no shape or form adequate to meet the needs of the citizens of Drew County.
Sounds like a political move being made now. The old adage, “The best defense is a good offense” has been played a million times. You have to remember who was in the wrong here to start with and how this whole mess got started. This charge is totally unbelievable……well, come to think of it maybe not! At the very least, Judge Harper absolutely deserves a public apology from both the mayor and MEDC. Otherwise, the more this is stirred up the more it is going to stink. The original perpetrator should step up to the plate and be man enough to admit his mistake of breaking into a closed courtroom and causing a scene. Anyone else would have been arrested and locked up. Considering the situation it sounds like Judge Harper used restraint above and beyond what most judges would have done.
What a mess! The mayor acting a fool. Now someone’s trying to have the judge arrested, claiming that he acted a fool. Our officials need to pull on their grown up drawers and cut this stuff out. Or, perhaps, we can stick boxing gloves on them and turn ’em loose on the town square and let them go at it. I’d buy a ticket…might be a good way of making a little revenue for the city.
It is hard to believe the judge was drinking on the job. If proven so, every case he has ever heard should be overturned and he should have to pay & pay & pay, plus forever jail time. This is terrible! Was that the day there was almost a thousand cases waiting to be heard by the court? They had three lines marked Guilty, Not Guilty, & No Proof of Insurance. Guess which line was the longest!
OMG If you can’t cook girl get out the kithen!! The Judge was trying his best to talk sence to you, he meant no harm.
I don’t believe Nita did this on her own. This is an opportunity that the new mayor jumped on and has thrown her under the bus to further his own agenda…encouraged and pushed…without regard to the citizens of Monticello. As far as blocking the entrance to the MEDC, very few people go in there. When was the last time anyone besides city employees entered that office? It’s just another way for the new mayor to clean house of the old and bring in more “good ol boys” friends and family.
If the judge has a drinking problem he does need help. There are other ways to file a complaint against a judge and or lawyer which does not create a public spectacle. No special prosecutor is going to allow this case to go forward. Quit wasting the people’s time with this theater and follow the proper procedures regarding a complaint against a judge.
How does someone on the phone “overhear” physical action or smell liquor on the breath of someone on the other end? Why bring it up?
This is sad and weak. “I noticed what I believe was the odor of alcohol on his breath.” That will never hold up. If such were truly the case, she should have made her accusation at that moment and called for an alcohol test of some sort. Now we’ve just got her allegation, which can’t be proven. Yes – something smells here, but it’s not Ken Harper’s breath.
Really we need to really evaluate who we put into these offices. BE PROFESSIONAL! you have to give respect to be respected it’s not hard to do!
they need to treat people how they would want to be treated
First of all, the longer we live the more kids in trouble we’re going to see. We’re going to see more crime period. And the best way to handle a problem like this is to use MEDC money and build a building to accommodate the growing population of kids in trouble, crime, etc. We have to change with the times. Secondly, the mayor was out of line. Judge Harper was trying to do his job and there’s no room for the mayor to waltz in the courtroom throwing a tantrum in front of everyone taking away the sense of Judge Harper’s authority in that room at that time. Judge Harper had to do something to get his authority back in that courtroom. And so what if he had a drink or two. Judge Harper has a very stressful job. So unless it impairs his rulings in his court, don’t worry about it. Mayor stop trying to belittle this good judge. He did what he thought he had to do. You didn’t make it easy on him that day. You did this to yourself mayor.
It’s really simple, if the EDC is so bothered by the court, and cannot work in the same building, then they need to move their worthless selves out to their spec building that nobody is ever going to be interested in using/buying. The Monticello EDC IS A JOKE. IT HAS BEEN A JOKE, STOP WASTING OUR MONEY ON THEM. They will have plenty of room for a board room and anything else they want.
‘irritated’; I am not an employee of the city and I had business to attend to in the MEDC office that day. It took forever to find a parking place, then I had to weave my way through all of the people outside on the sidewalk before I even got to the outside door, then there were several people I had to go through to get to the MEDC door that is just a few feet from the front door of the building. I agree with Bishop Sam Wherry that the MEDC office could be moved to the Chamber of Commerce building. But that will not help the traffic and parking on court dates. On some court days you can’t find a place to park to even go in the bank! So maybe we need another location with plenty of parking for the court.
Oh, my Goodness! What a mess! The office of mayor doesn’t come with the right to barge into closed court. There are towns all over the country which have been wiped off the map and many people are suffering — death of loved ones, no homes, no jobs. Our little town is blessed, but there is so much controversy and back biting. I don’t pretend to know the solution, but I tend to agree with Same Wherry. Bottom line, I think Monticello needs as much prayer as the storm-affected towns!
CAn you say, IMPEACHMENT!!!!!
Guess what? The mayor shouldn’t have behaved the way he did. No one should put their hands on another in anger, no one should drink on the job. Any of these actions that occurred are not acceptable. None are justified by the other. Peoople should behave or deal with the consequences.
You better see a drink in my hand befor you say I SMELL!! may been her hot air flying back in her face lol just like this BS. She loves DRAMA believe me I have seen her in action
move the medc to the old wal-mart building asap. there is lots of room and lots of places to park out there. the mayor has already said thats where the city offices need to be. so mayor here is your chance to get what you want. packem up and move em out.
Unbelievable! This is politics at it’s worst…we have serious problems in the town and the inability of the economic development director to work well with others is the least of them. It takes real nerve to demand your way, not get it and then pull this kind of personal
attack. The simple way to solve this is to dissolve Econ dev that has brought added taxes and zero results. The MEDC owns the spec building or at least is paying the mortgage on it…why not use it
and get out of the way of the court’s business? What industry will be willing to do business with the unscrupulous?
This is so sad. Monticello is what the people of Monticello make it and right now Monticello look very UGLY and I am glad i don’t live there any more.
The MEDC is paid by the taxpayers to help with the develop-
ment of jobs in Monticello,nothing more ,nothing less. what have they done ever? If Monticello had more jobs or someone who
cared about Monticello, instead of the money collected here yet sent out of town, the juvenile courts would not be so crowded.
We need some jobs. Then Monticello and Drew County would not be one of the biggest drug meccas in the state. Move out of the building you’re in if you can’t handle the pressure. Not all of us were born with a silver spoon in our mouths. Check the connections between he and she , not unprofessional, but do your
jobs as public servants,or do something else.Get some economic
development in here.
Judges are required to keep an orderly courtroom and safety is a consideration. Also, most people attending court do not want to be there.
It is curious that no one has written about previous attempts to resolve this “issue” [if there IS an issue] between the MEDC and the court. I would imagine that a court, and even the city, could get in trouble with litigation of some sort if citizens are deprived of reasonable access to a government function that they must participate [go to court]. My son was locked up once for being late to court. I bet some of the public in this fiasco had difficulties as well. Instead of treating the public like yesterday’s trash the Mayor should respect each and every participant that is involved in the democratically provided court system and embrace their patience as he tramples dignity, what remains of it, in order to feed his self-righteous piety.
I am a retired teacher on a fixed income. Like most people I take little pleasure in the must-do government functions like paying license fees, etc. I sure would like to be treated like I belong in the process.
most of you people have no clue as to what your talking about! if i were you i wouldnt be on here talking trash about something i didnt know the whole stroy about….it just makes you look silly,(one day that could be u everyone is bashing on) if u dont like whats going on in the city us your vote and do something about it. for the ones that say the MEDC do nothing to help monticello… your wrong,that do what they can with what they have! but if u would like to know what is going on just call and ask im sure they would be happy to tell you or take some input as to what the people would like seen done. last……people of monticello grow up and act your age it sounds like JR high all over again in here!!!! hope you all have a nice day!
so what I said did get put in the comments must have upset the judge and medc also the mayor just one more thing the old wal/mart bld. is the mayor bld. and after i put this in the comment I had a runin with one of citys best at wal/mart ov er a parking spot hahahaha.
I ment to say did not get put in the comment
i dont think none of them is for monticello i think everybody is out for them selves put a poor man and a hard worker as mayor an you get some work done they know how to save money an make ends meet. An public stauts is not a reason to want a job at the city you need to be worried about the people that cant do for them selves theres a bunch of them
If anyone read the Advance’s version, you’ll be hard pressed to not agree that the MEDC director is out of line. Locking the door to a PUBLIC facility because you don’t like the way the people in the hall are talking? Really? And telling the judge to ‘take it up with the nayor’ after apparently calking the mayor to the ‘rescue’ several times?
This so called assualt (come on, show me some bruises or at least red marks…something that makes that term even close to justified!!) happened after the judge was called to deal (while not on duty) with the locked front door – which had already been discussed and it decided due to safety concerns (and I would hope recogonition that the public is allowed in public buildings) that it should remain UNLOCKED. The ‘witness’ the Advance published a statement from is a city employee…the new city inspector who has been working very closely with the MEDC director if the notes from city council mintutes are anything to go by. Is the newly hired city inspector really going to come down on the side of judge, regardless? And he states that he was in the hall on the phone with Mr. Ryburn…so, this conversation was loud enough to be heard by someone outside the room through the phone? Again, really?
The vast majority of the people here want this building open to the public as it should be. Why is it even an issue with the mayor? Did he foot the bill for the building personally?
So, I’m saying I’m on the judge’s side. I don’t care IF he grabbed someone’s arms, if he had a half a drink on his way to play golf before being called to deal with the locked door, if the MEDC has had a positive impact, if it needs to be relocated, if we need to be concerned about why so many court cases exist (and I know we do) – doesn’t matter because it doesn’t change the facts! The mayor NEVER should have entered that courtroom and the doors NEVER should have been locked in the first place!! Nothing changes those two facts, end of story.
Judge French does try to work with people. She did agree to go into the small room which. We should be ashamed for asking her to do and the medc still complained. But I am very sure SHE did not agree to lock any doors. Just goes to show don’t believe all ya read and some people will lie in a court document.
Katie:
You must have read a diferent issue of the Advance than I did.
Judge French needs to grow a pair, there is no reason what so ever she should have to conduct business in the foyer instead of the courtroom.
In the past, City Council has refused to allow individuals to speak during a meeting if they were not previously scheduled on the agenda. Has this policy changed? Can individuals now show up during any City Council meeting and express issues or concerns? If this is the case, I encourage anyone that has concerns related to this topic to participate in the next City Council meeting.
J@Katie.
Be sure to tell that to the doctor that has had half a drink before being called in for your emergency surgery.
well if this is all they can do. it just go too show where the monney is .u dont see a poor person working in city hall or medc or in the coruts that has power like the monney folks do.
so it was all a wate of time and money?
sham on the medc and the city for the way this is being laid out to be all judge harpers fault. most of the time when the ones that cry about something the most are the ones in the wrong. judge harper is not out in the public making his case thats cause he knows he hasnt done anythng wrong. the city and the medc want control over that building and this is their way to try and force the court out of it. thats how this mayor and the medc that has done nothing for the city works. they cant bring anything to the city so they try and force the hand on people. thats the direction this city is headed. i seen it when the mayor was running for mayor. it wasnt hard to read between the lines on him.
Reader, I suppose my opening statement in that comment was a bit much. After all, in my opinion, the Advance used a likely biased witness without including a disclaimer. Your alternate interpretation is perfectly valid. However, I remain firm in my summary statement. The bottom line is that the door never should have been locked and in regards to the other incident, the mayor never should have entered the courtroom. If there were some legitimate safety concern behind all this, the city police should have been called to control the crowd and issue citations if any waiting court participants were unruly. The mayor had no place in it and locked doors on public buildings are simply not acceptable.
I am inclined to wonder why the MEDC takes priority over the courts? What development has resulted from the expenditure of more than a million dollars? Certainly no new industries or businesses as promised.
Just Confused
I have been in the building. Why does’nt anyone build a wall in the courtroom cutting it in half and put chairs in the outer part of room as a waiting area. Not only would this allow everyone to be able to sit down, but will allow privacy to the court room. The courtroom is very large and this would work. The waiting room as it is now does not have enough seating for everyone. A few odd chairs and one table.
I guess Nita McDaniel was right when she thought she smelled alcohol on Judge Harper’s breath.