Were the timing of indictments against Smithville Mayor Jimmy Poss and his son politically motivated given they were issued by the grand jury on the eve of election?
The answer to that question varies according to whom you are talking. As for Tony Hagan, council for the mayor, there is no doubt in his mind.
“This is purely a political indictment,” the attorney maintained regarding the indictments of Mayor Poss and son Anthony Poss on theft charges arising out of the mayor’s hiring of his son to work at the city’s golf course without aldermanic permission.
Hagan, who will be at his client’s side during arraignment on the morning of Aug. 6 believes the whole thing stinks.
“Jimmy’s election is about a week away and this smells to high heaven,” Hagan said, noting the timing is very curious since it happened during early voting, just a week from Election Day. Mayor Poss is facing opposition from Curtis Rust and Alderman Josh Miller.
“If the state had anything why did they wait until the week before election to accuse Jimmy?” the attorney wonders, noting his client maintains his innocence to the allegations. “Jimmy proclaims from the highest mountain his innocence.”
While Hagan believes the timing of the indictment was politically motivated, fellow attorney and Alderman Gayla Hendrix, who was one of the members of the city council who voted to censure the mayor for the hiring of his son, says there is nothing political about it. She spelled out her feelings on the matter in a detailed, prepared statement:
“As a member of the City Council for the City of Smithville, I deem it necessary to issue a public statement in an effort to address questions and concerns raised by the citizens of the City of Smithville respecting the recent indictments against Mayor Jimmy Poss and his son, Tony Poss.
"It is an unfortunate event for our city that this has happened. However, I would like to make our community aware that the City Council and City Personnel made every attempt to avoid the situation escalating to this magnitude.
"We (the Council) were completely unaware of the unauthorized employment of the Mayor’s son until the first quarter of this year. Once Mayor Poss’ conduct was brought to our attention, we undertook an independent investigation which revealed the same violations as reflected in the report of the State Comptroller. Specifically: 1) the Mayor unilaterally created a part-time position and hired his son, Tony Poss, paying him a salary of $300 per week for six months without board approval and in violation of the City’s nepotism policy (In March, 2018, when the Council questioned Mayor Poss’ hiring of his son, Tony Poss was terminated immediately); 2) the Mayor further admitted to hiring other employees without the Council approval and without following the procedures promulgated in the Smithville City Charter, City Ordinances, and the City’s Personnel Policy.
"Once made aware, the Council questioned the Mayor’s decisions and he admitted the allegations.
"We, the Council, then requested that Mayor Poss tender an apology and offer to repay the funds to the city; however, he refused.
"Therefore, the City Council convened a Special Meeting to discuss the allegations. Regrettably, the Mayor refused to attend this meeting and to answer any questions raised by the Council; therefore a public censure was issued.
"The Council and City Personnel were never informed that the Tennessee Bureau of Investigation (TBI) intended to conduct an investigation until they contacted the city to schedule meetings. We (the Council) were not made privy to the results of the TBI investigation or their intent to issue indictments until such time as that occurred.
"Attorney Hagan’s, (counsel for Mayor Poss and his son) assertion that the indictments against Mayor Poss and his son were “political indictments” is false.
"The DeKalb County Grand Jury convenes in session once each quarter. While it may be unfortunate that the first scheduled Grand Jury session following the TBI investigation would occur the week prior to the election, the Grand Jury session was not scheduled as a ‘political’ ploy, but rather in the regular course of business for the 13th Judicial District.
"While a very unfortunate event, this situation has made the Council much more vigilant of the city’s business. As your city representatives, we intend to remain vigilant and fiscally responsible as we move forward, regardless of the election outcome. Significant progress has been made over the last few years, but there is much more work to be done.”
