The Commercial Appeal

Southaven mayor sues to block garnished pay

Also asks $35K stipend be reinstated

- By Yolanda Jones

Southaven Mayor Greg Davis, through attorney Steve Farese, sought a temporary restrainin­g order Tuesday to prevent Mississipp­i Auditor Stacey Pickering from garnishing Davis’ paycheck to recover disputed debt.

The temporary order is part of a countersui­t filed by Davis that also seeks to force Southaven to restore a $35,000 stipend the mayor had been paid for operating the city’s utility department. Aldermen cut the stipend in January after questions were raised about it.

Farese is scheduled to appear Thursday before Hinds County Chancery Court Judge Dewayne Thomas to consider the temporary restrainin­g order, which if approved would prevent Pickering’s office from taking Davis’ $3,700 biweekly paycheck beginning with this Friday’s payday.

“The main thrust of the lawsuit/injunction is the fact that the mayor has a property right in his salary, and what we are saying in the petition is that the (state) constituti­on allows us the ability to have some type of notice and also an avenue to solve this issue,” Farese said Tuesday. “Our avenue to solve this issue is (that) we filed suit and will let a judge decide. All we’re asking for is our day in court.”

Pickering plans to garnish Davis’ pay to recover about $73,000 in remaining debt that the auditor says Davis must repay to South- Southaven Mayor Greg Davis aven.

The mayor has repaid about $96,000 of a tab totaling more than $170,000. Pickering returned the $96,000 to the city last week during an appearance before the

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