City hires attorney; Burks seeks records

Published 11:35 am Wednesday, February 15, 2012

A Jackson attorney has been hired to represent the City of Vicksburg in a lawsuit accusing Mayor Paul Winfield of sexual harassment.

On the other side, an attorney for former chief of staff Kenya Burks Tuesday subpoenaed phone and video records he says will prove she and the mayor had a consensual sexual relationship, which he has denied.

Gary Friedman of the Phelps Dunbar firm was recommended by Mississippi Municipal Service Company, the city’s insurance carrier, which will pick up all legal fees throughout the suit, city attorney Lee Davis Thames said. The defense’s first move Tuesday was to delay until March 19 a deadline to answer the suit.

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Subpoenas were served Tuesday to the City Clerk’s Office, AT&T Subpoena Center in Dallas and Malcolm Allred, owner of Adolph Rose Antiques. In the suit, Burks listed the antique store’s address, 717 Clay St., as her home, though her Facebook page lists Southlake, Texas, as her home.

Burks seeks cell phone records between 2009 and 2011 for her and Winfield, including call data, text data and cell tower information sent and received, and video recordings from the antique shop building for the same time, according to court papers. Parties have until Feb. 27 to answer the request.

Burks, a Lake Providence native, has not commented publicly since the suit was filed.

The suit lists three phone numbers; one is Winfield’s cell. A Jackson-area cell number listed did not accept incoming calls. Calls to the third, a Lucedale-based cell, went straight to an automated voice mail, and calls were not returned.

When reached Tuesday, Allred said he rented to Burks an apartment on his building’s third floor, above the shop, for $1,200 a month during the time she was employed by the city. Burks moved out more than six months ago, owing $3,000 in back rent, Allred said.

“(Burks) left the place a mess and it took about three days to clean it up,” he said, adding he might file his own suit in justice court to collect delinquent rent “provided I can find her.”

Burks, 38, filed a federal suit Feb. 1 alleging she faced a hostile work environment, sex discrimination and retaliation due to a consensual sexual relationship with Winfield, 37. In the suit, Burks asks for damages under federal civil rights law and constitutional law.

Burks was Winfield’s chief of staff from July 2009 until her position was eliminated April 18, 2011, on a 2-0 vote of the city board. Winfield abstained from the vote.

Burks filed a complaint with the Equal Employment Opportunity Commission April 22, 2011, claiming she wasn’t entitled to $9,701.59 in back overtime pay approved for her by the board on April 4. In the suit, she says the payment was an attempt by Winfield to continue their personal relationship. City officials said she was eligible for the money because she did not serve in a supervisory role.

The case is before U.S. District Judge David C. Bramlette III. No hearing date has been set.