In his decision, which was issued Monday, Hensley said that the board did have enough votes to seat Jim Kimbrough when it voted 3 to 2 to do so during its May 26 meeting, but that when Board President Jeff Koch tabled the issue, mistakenly thinking it required four votes to appoint a board member and then board member Mike Landis resigned two days later, increasing the number of openings to three, that enabled the issue to be sent to the Jasper County Commission.
Lawyer Jonathan Pierce, representing Joshua Bard, Jon Buck, and Jamie Johnson, is asking that a writ of mandamus be issued installing Kimbrough, which would mean there were never three vacancies and would negate the Jasper County Commission's appointment of Gary Nodler, Sallie Beard, and Ron Gatz to the board.
Earlier today, Judge Stephen Carlton denied a writ of mandamus against the Jasper County Commission, saying the commissioners appointed Nodler, Beard, and Gatz legally and did not violate the Sunshine Law when they discussed potential candidates and made their decision without posting it on the agenda.
The Commissioners also said they sent Darieus Adams to talk to the prospective board members by himself to avoid having to follow the Sunshine Law.
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