The Mississippi High Court will not hear Hattiesburg Mayor Johnny DuPree's appeal regarding the decision to bring forward appointment nominees.
In return Hattiesburg City Councilmen Carter Carroll and Council President Kim Bradley have filed a motion requesting a "status conference" asking for DuPree to show why he has not complied with the court's orders and City of Hattiesburg ordinances.
Court documents detail two previous orders issued directing DuPree to comply with his duties under the Mississippi Code.
Since his reelection in 2013, DuPree has placed 22 nominees before the City Council for 17 available positions. Of these, the Council has approved 14-leaving only the position of City Clerk, Chief of Police, and City Attorney vacant.
The last time DuPree placed any nominees before the City Council was March 3rd, 2015, more than 30 days ago. City Clerk had a nominee nearly 2 months ago.
The motion details "the defendant (DuPree) made no effort to place any more names before the Council at either the March 17, 2015 meeting or the most recent meeting on April 7, 2015."
Section 4 of the document adds "the defendant (DuPree) has persisted in his efforts to delay and avoid his statutory obligations."
On Feb. 13, 2015 DuPree attempted to file an appeal with the Mississippi Supreme Court, then moved to "stay these proceedings" pending the outcome of that appeal. Carroll and Bradley moved to docket and dismiss the appeal, as it was a fundamentally unsound attempt to "take a direct appeal from an interlocutory order, and clearly contrary to established Mississippi Law.
The plaintiffs, Carroll and Bradley have asked the court to set this matter at a place and time certain for a status conference, at which time DuPree should be required to appear and show cause why he has not complied with the orders of the court and the ordinances of the City of Hattiesburg.