The Birmingham City Council chose a new member Tuesday only to learn hours later that he pleaded guilty to a misdemeanor marijuana charge in 2003.

Johnathan F. Austin was selected to represent District 5, replacing in a position formerly held by William Bell, who joined the Jefferson County Commission last month. He was sworn in Tuesday morning and immediately took his seat. At 29 years old, Austin is the youngest person on the nine-member city governing body.

Council President Carole Smitherman said she was surprised to learn about Austin's history but doubted the charge rises to the level of moral turpitude, a standard for barring officials from office. She said the council would investigate the conviction and meet soon with its lawyer.

She said the council investigated qualifications of the candidates for the office but did not do criminal background checks.

"The council acted on all the information that it had, so it's a wake-up call for the council," she said. "We need to do criminal background checks on everybody who applies for anything."

Austin acknowledged Tuesday evening that he had been arrested and pleaded guilty and said he had moved on from the incident.

"I was young and in college," he said. "That was almost six years ago."

Austin said he was not asked about any arrests in his interview with the council and didn't mention it because it was a misdemeanor and occurred years ago.

"The revelation is an interesting one, but if the councilor has indicated that he's moved on, I don't see any reason to cast stones," Councilman Roderick Royal said after learning of the arrest. "In fact, I wish him well in his service."

Court records show Austin was arrested Jan. 25, 2003, after a traffic stop in Tuscaloosa for speeding in Interstate 20/59. Tuscaloosa County Sheriff's deputies found a pipe, about a half ounce of marijuana and a set of scales. Austin was charged with possession of marijuana and possession of drug paraphernalia.

Austin said the arrest has no bearing on his ability to serve as a council member.

"It's not something that I'm proud of, but this is definitely not going to affect my performance or desire to serve the people," he said. "If anything, it just lets the people know that I'm a real person, just like them, who has lived real-life experiences."

Court records show Austin pleaded guilty to second-degree possession of marijuana and possession of drug paraphernalia. He was placed on two years probation and received a 90-day suspended sentence after he agreed to attend court-ordered drug and alcohol treatment classes.

"I'm not dishonest. I don't steal. I don't lie and I don't cheat," he said Tuesday. "I don't have any issue with drugs. I've smoked marijuana before. I've smoked pot and that's it."

The council voted 5-2-1 Tuesday to seat Austin, who was elected president of the Central City Neighborhood Association and Northside Community last month.

"Thanks for giving me this opportunity. I won't let you down," Austin said before taking his place on the dais.

"Yes, I am young. I have a lot of energy and a lot of ideas," he said.

Council members Smitherman, Carol Duncan, Valerie Abbott and Maxine Parker voted to appoint Austin to the council, while Miriam Witherspoon and Steven Hoyt voted no. Royal abstained.

Neighborhood leader and friend Jackson Helms Smith, president-elect of the Central City Neighborhood Association, stood behind the new councilman.

"He's one of the most personable people you'd meet," Smith said. "He works very hard, he's very bright and a forward thinker."

Before the council voted, it went into closed-door session. "There were issues that some council members had with candidates that had to do with good name and character and we thought it was it was best to discuss these issues among ourselves," Smitherman said.

Others in the meeting, however, said council members went into the session to agree on one candidate to bring back for a vote. Austin was the only name voted on after the closed-door meeting.

Other applicants for the council seat were: Citizens Advisory Board President Emanuel Ford; former city Councilman Elias Hendricks; Cleophas Guice Jr.; businessman T.C. Cannon; activist Kamau Afrika; Druid Hills Neighborhood President Charlie Williams; Fountain Heights Neighborhood President Doris Powell; Albert Foster and Mario D. Hicks. A poll of neighborhood officers ranked Williams the top choice, followed by Hendricks. Ford and Austin tied for third.



News staff writer Val Walton contributed to this report.