Decatur resident calls for Pepper's removal from council

Mar. 22—A Southwest Decatur resident called for the removal of Hunter Pepper as a city councilman for "lack of competence and character" following another controversial public action by the young official, but Pepper said he won't let "liberals" control him.

Pepper's fellow City Council members said they don't have the authority to remove another council member.

Pepper is getting pushback after he posted a laugh emoji on WAFF-TV 48's Facebook page in reaction to a story about a Dutch man's conviction for removing a condom during a sexual act with a partner.

Pepper's laugh emoji elicited multiple responses. One person tagged his page asking, "Why are you laughing at sexual assault?"

In response, Pepper posted, "Clearly if you'd read the article 'it was consented' sex. Obviously not sexual assault but...hey all of you individuals try to catch people in things that aren't true. I don't not believe sexual assault is okay ... clearly you just want attention!

"Enjoy your day and stop harassing individuals you key board warriors!"

Shane Sieweke, a Cedar Lake Road Southwest resident in Council District 3, said at Monday's council meeting that he thinks this latest controversy involving Pepper, who represents District 4, warrants the council removing him from his council seat.

At 18 in 2020, Pepper was the youngest person in city history — and believed to be the youngest in the state history — elected as a city councilman. He is now 21.

Sieweke said Pepper, in his three years on the City Council, has had legal trouble over 13 traffic citations, sparred with the mayor in a late-night email exchange over missed meetings, got sick with COVID-19 after opposing mask mandates during the pandemic, was asked to resign over a racially insensitive social media post and had a conflict with a police officer who confiscated his illegal fireworks.

"He (Pepper) has a pattern of no concern for people or the laws of the city. In my personal experience, he only works to silence people he disagrees with," Sieweke said.

Sieweke said Pepper limited free speech over the emoji post.

"He promptly deleted the post and blocked several people who were asking questions and looking for feedback and an answer," Sieweke said. "When asked why he was laughing at sexual assault, his response was to name, falsely accuse and block people, which the courts found is illegal."

Sieweke was referring to court rulings involving social media accounts used for official purposes by a government representative.

"I am issuing a formal complaint for lack of competence and character," Sieweke said.

Pepper said he did not remove his post or remove or block the posts of anyone who responded to it. He said it's possible that Facebook removed some posts.

Pepper called the outrage over his emoji "absolutely the most stupid thing I've ever seen." He said "liberals" made too much out of a social media post.

"The liberals are ignorant," Pepper said. "They need to just grow up. They need to stop acting like children and mind their own business. It's a Facebook post.

"What kind of world where people get angry over a laughing emoji on a post? What kind of world do we live in where we let liberals like that control our world? They are not going to control my opinion. They are not going to control me."

Council President Jacob Ladner told Sieweke that the council is unable to respond to Sieweke's demand.

"The fact of the matter is the council can do very little. It's actually zero," Ladner said.

City Attorney Herman Marks said the only recourse allowed under state law is for citizens to seek impeachment in the Circuit Court.

"Removing a city council member from office generally involves an impeachment proceeding which citizens can come forth with if they choose to do so," Marks said.

Marks added that Pepper's Facebook site "is not sponsored or endorsed by the city in any way. It's a personal website or Facebook page. Unless they are meeting together, council members are considered individuals."

Section 36-11-1 of the state law lays out the impeachment requirements. It says officers may be impeached and removed for willful neglect of duty, corruption in office, incompetence, use of drugs or alcohol to "such an extent in view of the dignity of the office and importance of its duties as unfits the officer for the discharge of such duties," or any offense involving moral turpitude while in office.

District 1 Councilman Billy Jackson said he's voiced his concerns over Pepper throughout the young councilman's tenure.

"You can come to a City Council with the intent to represent people, but it's important that people elect a representative with a background and experience to do the job," Jackson said.

For example, Jackson said one of the first things the council did after the election in 2020 was increase utility rates and the 18-year-old Pepper had never lived on his own.

"It's difficult to weigh in on that when you've never had to pay a utility bill," Jackson said. "It's difficult to weigh in on something like alcohol licenses when you're not even old enough to drink."

Jackson said the only recourse at this point is the next municipal election, which will be in 2025 after a change in state law.

"We can cast the blame at Hunter right now, but people actually voted for him," Jackson said. "They're the ones who have to examine that conscience and see where they are on this situation."

District 2 Councilman Kyle Pike said his opinion is any attempt to remove Pepper should be led by Pepper's District 4 "if they don't think they're getting the representation that they needed. I think that is something that needs to grow within the district and not necessarily be led by the council."

District 3 Councilman Carlton McMasters said "it's unfortunate" the post brought a negative light on the city.

"You would think that after this happened previously it would stop. Maybe it will now," McMasters said.

Pike and McMasters agreed that City Council members should be held to a higher standard.

"We should be following the laws, especially those we implement. Any time we hear stories like this it is disappointing, it is frustrating," Pike said.

Pepper said it's fortunate that to be impeached "I have to commit a crime, a felony or above. Luckily enough for me, I'm not a felon, I don't plan to be a felon. I abide by the law for the most part. I might break a few traffic laws or shoot off a few fireworks here or there."

Pepper said the controversies that he's been in don't reflect badly on the city.

"If anybody doesn't like (it), boo-hoo it sounds like they're liberal too," Pepper said. "I'm here for the betterment of my district and the city as a whole. I think the constituents of my district have been relatively happy with me. I've done everything they've asked of me."

— bayne.hughes@decaturdaily.com or 256-340-2432. Twitter @DD_BayneHughes.