A source tells me that city attorney Randy Ray put a note in council packets this week informing City Clerk Mary Haynes she can swear in Ryan Spain on Tuesday even though questions regarding his eligibility remain unresolved. As of Friday, Ray was still waiting for an opinion from the states attorney’s office on whether Spain’s service on the council would be prohibited under state law. Apparently, there is nothing legally prohibiting Spain from being sworn in while the matter is being investigated.

Granted, as has been pointed out numerous times, I’m no lawyer. But this course of action seems a little risky to me when you consider that violation of the Public Officer Prohibited Activities Act is a felony. If I were Spain, I wouldn’t let them swear me in until the uncertainty surrounding this issue was settled. Or short of that, I would at least consult with my lawyer before agreeing to go along with the city attorney’s interpretation.