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City Council To Ask City Attorney For Guidance On Member Disqualification
Franklin, Pierce, Berz Have Unresolved Cases
posted May 19, 2008

City Councilman Jack Benson said City Attorney Randy Nelson will be asked for guidance on Tuesday on when a council member becomes disqualified to serve.

He noted that Councilman John "Duke" Franklin was indicted by federal authorities last week on money laundering and other charges.

Also, Councilman Leamon Pierce is awaiting trial on an assault charge for spitting on a man who was in custody in the back of a police car.

And, he said Councilwoman Carol Berz is facing a hearing on whether she should be sanctioned for allegedly misrepresenting her status as an attorney.

Councilman Benson said the issue will be brought up at the council's legal and legislative committee at 3 p.m.

He said, "I would assume that all three can stay on the council until these matters are resolved, but we want to hear from the city attorney.

"I would think Councilmen Franklin and Pierce are innocent until proven guilty and can stay on, and the matter involving Ms. Berz is between her and the state legal committee that deals with that."

Councilman Franklin apparently has not been to the City Council offices since he was arrested and then released on bond the same day.

It is not known whether he will attend Tuesday's council meeting.



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