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Forest Heights mayor barred from his office

Thursday, Sept. 28, 2006

A Circuit Court judge ruled Monday that the mayor of Forest Heights must stay away from the town’s municipal building pending a probe by state prosecutors into his alleged misuse of public funds, according to court documents.

Town Council members got Judge C. Philip Nichols to reverse another court’s ruling that would have allowed Myles Spires to return to his mayoral office on Arapahoe Drive.

Spires has declined to comment on specifics of the investigation, but said in his own lawsuit that the Forest Heights council has denied him due process.

Council members Larry Stoner, Andrea McCutcheon, Worthington Ross and Clifton Atkinson filed a motion on Sept. 21 to get the court to keep Spires away from the town building, stating that the integrity of certain files to which Spires had access needed to be preserved.

‘‘The harm to the Town of Forest Heights that will occur by allowing [the] plaintiff to resume his responsibilities as mayor is grievous,” the motion stated. ‘‘As is more fully outlined in the charges, plaintiff when acting as mayor has the authority to access, delete, modify and otherwise change town records. Moreover, the town would have no ability to stop any further abuse of power by plaintiff.”

The motion did not amplify on the nature of the alleged misuse of funds, but stated that the decision to suspend Spires from his position, based on a review of the matter, was taken at a town meeting on Sept. 7. During a second, closed meeting on Sept. 12, the council formally advised Spires ‘‘of the charges being brought against him, provided him with a copy of the charges and supporting documentation, and further advised him of the suspension,” the motion stated.

Spires, in his suit filed on Sept. 19, sought a court order to stop the suspension.

‘‘Unless the defendants are restrained by the court, the plaintiff will continue to suffer immediate, substantial and irreparable injury,” Spires stated.

His suit claimed that the council members who voted on his suspension deprived him of due process and violated the Open Meetings Act, citing the fact that no written record of the reason for closing the Sept. 7 meeting exists.

‘‘The ostensible reasons for closing the meeting were to receive legal advice and to discuss personnel matters,” Spires’ suit stated. ‘‘No discussion regarding personnel matters occurred, nor was there legal counsel present to provide advice.”

Spires said the effect of the council’s action was to ‘‘invalidate” his election to the office of mayor ‘‘and to abrogate the voting rights of the plaintiffs and citizens of Forest Heights in general.”

The Forest Heights council said Spires would suffer no harm during his temporary suspension.

‘‘There is no irreparable harm that can occur to plaintiff by reason of the instant suspension,” the successful suit stated. ‘‘He is entitled to a hearing on the charges, which have been referred to the office of the state prosecutor. The actions of the council have been designed to protect the confidentiality of the process without public damage to the reputation of [the] plaintiff.”

E-mail Tia Jones at tjones@gazette.net.