The Solicitor's Office plans to interview commissioners and the mayor about Woody Merry's outburst at a budget hearing Thursday, part of an effort to determine whether the activist violated an agreement to behave himself at public meetings.
Solicitor Harold V. Jones II said Friday he checked the court requirement from the 2008 simple battery case of Mr. Merry, and it said he could not act in a disorderly manner while attending any public meetings in Augusta. The Nov. 17, 2008 order is effective for one year, after which the case will be dismissed if Mr. Merry has abided by the terms.
Now, Mr. Jones said, he's looking into whether the case should be revived.
Told of the development, Mr. Merry said "they're going to get me one way or another, and I'm onto them.
"They don't like me telling the truth," he said. "They're going to try to shut me up again."
At a Thursday hearing on the budget -- 12 days before the order expires -- Mr. Merry was the only person who signed up to address the commission, and he was given four minutes to speak.
When his time was up, he refused to stop talking, started shouting and shouted even after Mayor Deke Copenhaver adjourned the meeting.
Mr. Merry was initially offering ideas on ways to cut the budget, but by the end he was yelling about the wastewater treatment plant operator not making the short list in the bidding for the job next year.
Mr. Merry said he had asked for extra time to speak, because City Administrator Fred Russell had started his presentation late and took up most of the hour-long meeting. He said he couldn't talk about a subject so complicated as the budget in just four minutes.
If Mr. Jones brings the simple battery case back up, he said he won't take it lying down.
"If that happens, then I have no choice but to go to the ACLU and ask about my freedom of speech," Mr. Merry said. "I don't think the taxpayers are going to sit still for it."
Mr. Merry's behavior restrictions stemmed from a May 2008 brawl outside an Augusta Coliseum Authority meeting with Bill Fennoy, then a coliseum panel member. Mr. Merry was upset that Mr. Fennoy, now a City Commission candidate, had sat out of an earlier meeting, preventing a quorum and the possible rehiring of the former facilities director.
Both men were charged with simple battery in the shoving and kicking match, but interviews of witnesses indicated Mr. Merry had started it.
The charge against Mr. Fennoy was dismissed, and the charge against Mr. Merry was set aside on the condition that he write a letter of apology and behave at future meetings. Mr. Merry has since said he was injured in the fight, and he signed the court's agreement under pressure from Mr. Jones.
Mr. Jones said he will talk to Mr. Fennoy and find out if he still wants to pursue the charge. He said he will also review the 2008 case and evaluate whether it can be proven without a reasonable doubt.
An investigator will interview city commissioners and the mayor, Mr. Jones said, and his office will obtain a tape of Thursday's commission meeting to see if Mr. Merry's conduct could be considered disorderly conduct.
Mr. Russell said Friday that the solicitor's office has asked him to make a statement. A former law enforcement investigator himself, Mr. Russell would not say whether Mr. Merry's behavior rose to the level of disorderly.
As for only giving Mr. Merry four minutes, Mr. Russell said he didn't realize it was a public meeting until he saw the notice, and because he had a lengthy presentation to give, he felt that was the best time limit to set. Residents are given five minutes to speak when they address the commission at regular meetings.
Mr. Russell said members of the public will have another chance to speak at a budget workshop Monday at 1:30 p.m. in commission chambers. There will also be a third meeting, yet to be scheduled, he said.
Input can also be given through a budget survey on the city's Web site at www.augustaga.gov.
Reach Johnny Edwards at (706) 823-3225 or johnny.edwards@augustachronicle.com
The Augusta Chronicle ©2010 Morris Communications, LLC. All Rights Reserved.
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You can't help but admire Mr Merry's enthusiasm, but he needs to practice a little self control. No matter how good his points are, if he's perceived as a nut case his effect will be limited.
If Jones intends on standing for office he had best be sure this is wise choice. I don't like oppression and this sounds like crap. Also, how does Fennoy feel about it? He is a candidate so if he thinks the way forward is to stymie free speech I would like to know it now. This sounds like the crapola the crack head pulled on Butch Palmer that he suddenly lost interest in pursuing after the election. Leave Woody alone and let him speak. Four minutes to express your views on the complex budget? That is BS and Deke is a punk for calling the meeting without allowing a Merry to speak his peace. Also, he is a BRILLANT FINANCIAL PLANNER!!!!! Why would ANYONE want to hear what he has to say about financial plans for our county (eyes rolling). Being in Augusta is a first class ticket to nowhere and loserville these days.
You dont have to like Mr. Merry but he has rights! You can't target him just because you don't like what he saying!
A major crime has been committed and heads will roll. It appears they are investigating this a little too far. Maybe they should have investigated my neighbors break in a month ago in the same fevor. One thing you don't do here in river city is question the Princes about the royal treasury and Mr. Merry had better remember that or its in the syocks with him.
Just like a thug who must abide by his/her probation/parole rules, Woody must abide by his court agreement. Since there is clear evidence that Woody broke the agreement, then let him face the consequences.
I think Woody Merry has attention deficit and is an idiot at best. Nevertheless, being stupid is not a crime!!
Since the meeting had been hastily adjourned by the mayor, in effect, the meeting was over and the outburst is no longer relevant. As others have said, Mr. Merry runs the risk of always being taken less seriously because of his antics. In terms of citizen input into the budget process, its hard to believe the government couldn't allow far more time for input. A one hour meeting used to be just a warm up for the previous commission.
WP(Patricia Thomas): It's waaaay too late to worry about Woody being perceived as a nutcase. He proved that long ago. While, as you say, he has some good points, his main concern seems to be Woody and how much attention he can bring to himself.
All excuses for this guy fail to properly apply the laws. Why is that? (maybe something in common) This guy was given instructions on his future behavior which he has obviously ignored. Such failures require equal application of establish rules & laws. He was on probation for abusive public behavior and NOW, that behavior continues. Who cares about his motives? He has violated his probation and must be punished according to established laws. Anything else will continue the downward spirial of mistrust...six months jail and continued probation.
Someone need to put this man in a mental instution!!!
GO WOODY!!!!! give these idiots a few more headaches !!
Notice how they (you know who you are) fear those that tell the truth? It's hilarious to me.
I'll bet they haven't considered the fact that Woody can resurrect his charges against Fennoy also.. The Statute of Limitations has not run out!!!!
If the charges against Fennoy were dismissed, it would probably require additional evidence to resurrect them. Woody is not so lucky, his were set aside and had to follow restrcitions in the court order. Looks like he blew it.
What a bunch of idiots
And when has any government body EVER cared what the public's opinion of the budget was? Politicians make their own rules, their own budget, and their own money...they all live in their own precious little world
I admire folks who keep their word, live up to their end of the bargain and respect a contract written or verbal. No matter what, Woody didn't do this. I hope noone considers him a good choice for any office.
Typical big govt tactic...you can have all the freedom of speech you want as long as you agree with us. Folks are tired of govt abuse, mismanagement, and fraud and statesmen like Woody scare them. Our founders would be proud of him.
Woody is da Man.
Woody and Fennoy have an altercation. Although there is conflicting stories of who started it, Woody wound up on the floor getting beaten up. Woody now faces threat of jail and Augusta faces the threat of another racist, renegade commissioner.
I think all politicians believe in apotheosis. It is their dream.
Woody has the rare concept of LOGIC working for him. Unfortunate we don't have an army of bomb-throwers like him to change the course of this runaway train of a city government. Go Woody!
I will guess the Mayor and the Commissioners will spend more time with the Jones interview than they spend on city business. Note: I said city business because they spend no time on county business. And if you ask them it is a consolidated city period.
justus4--Were you there??? Of course not. If Merry was a black man you would be saying "innocent until proven guilty". Since he is white you say he "clearly violates the order". Isn't that the very definition of racism????-----Yes, same comment as yesterday. Some people are too thick to get it the first time.
I have talked with Woody before at a party and the man is definitely passionate about what needs to be done to correct this train wreck of a city government. I like passion and conviction. Also, Brad Owens, come back.
Boogaloo, not till I'm rich enough to take em' all on like Woody!
Having a time limit of 5 minutes is normal and rational. Otherwise every meeting would last for hours. And obviously, after reading justnuts post, Woody and Big Daddy weren't friends.
corgimom, I think that a citizen should be able to request to be heard and give more time if they want to speak and be heard. What is 15 minutes for something like the budget?
Just another ploy to try and shut someone up when the opposition fears the truth will out. The commissioners know they have been skirting the law; they also know that "outsiders" will seek to expose the hidden agendas. Guess the commissioners are learning their lessons well from the big O camp!
If Justus and cparker disagree then we should all agree. If you want to be on the sensible side of an issue then go against Justus4, RCR, cparker, Ispy and concernednative and you'll never be wrong on an issue. Uh oh, is that racist??