County to defend Boswell in possible federal suit
By By Steve Gillespie / staff writer
April 20, 2004
Lauderdale County supervisors took steps Monday to protect one of its members facing possible litigation and to find a new county administrator all after a closed meeting that lasted almost an hour.
Supervisors closed their regular business meeting because they said they were going to discuss "possible litigation" and a "personnel" matter, two reasons state law allows public bodies to meet in private.
After the closed session, supervisors voted to have their attorney, Rick Barry, defend District 5 Supervisor Ray Boswell in federal court on charges he made false and defamatory statements against Cuba Timber Co.
In October, the county sued the Alabama company alleging it negligently damaged two county roads while logging. The suit seeks $20,548 for Cole Road and $7,079 for Alamucha-Whynot Road.
Cuba Timber then filed a cross claim against Boswell, alleging that the county supervisor made false and defamatory statements about the company on a television news program aired in August.
Cuba Timber asked for $175,000 in compensatory and $1.75 million in punitive damages. But County Court Judge Frank M. Coleman dismissed the suit in December, ruling that the move violated rules of civil procedure.
Coleman also said evidence indicated Cuba Timber's license to do business in Mississippi had been revoked in December 2002 and that state law prohibits an out-of-state unlicensed company from bringing action in Mississippi courts.
Lauderdale County supervisors authorized Barry to defend Boswell if Cuba Timber filed a new federal lawsuit against him in Mississippi or to hire an attorney in Alabama if it is filed there.
On personnel matters, supervisors said they discussed Lauderdale County Administrator Rex Hiatt's planned retirement which is set to take effect at the end of June.
The board voted in an open meeting to advertise and solicit resumes for the county administrator position by 5 p.m. on May 10.
District 4 Supervisor Joe Norwood, the board president, also appointed a committee to oversee the county administrator search. Norwood named himself, Hiatt, Barry, and District 3 Supervisor Craig Hitt.
The Lauderdale County Board of Supervisors then recessed their meeting until 9:30 a.m. April 29, when members are expected to open bids to paint a bridge on Point Wanita Road.
