Tuesday, April 14, 2015

Know what you are talking about or keep your mouth shut!!!

On 7 Apr 2015, Bob and I were having lunch at Subway when a County resident came in talking about a letter from the State Auditor's Office and that I needed to get a copy of the letter and put in on this blog.  Among the comments made by this resident was that this letter addressed misuse of FEMA money.  As you will read below, there is no mention of FEMA money in this letter.

During this lunchtime "discussion" the resident made more then a few false statements and I corrected him each time.  You know Tunica, I wish people would at least attempt to find the facts before going off and spreading gossip.  AND that is just what this was: GOSSIP.  Repeating gossip over and over again does not make the story you are telling true. 

I did ask for a copy of the letter and was told it had not been released yet.   Next thing I know, the letter is in the Tunica Times.  Hmmm, wonder who released it?  I can tell you this, it wasn't Phillis Williams, Sonny Nickson, McKinley Daley, Rechelle Siggers or Michael Thompson.  I asked.

Here we go with the letter:

Tunica Times, Fri, 10 Apr 2015 "State Auditor to county: 'Reconsider' withholding funds" by Brooks Taylor.

"Mississippi Auditor Stacey Pickering waded into the fray between Tunica County and the Town of Tunica/Tunica Schools in a March 30, 2015 letter to Board of Supervisors president James Dunn.

Pickering wrote:

It has come to my attention through phone calls from the public that the Board of Supervisors has stopped making payments to the Town of Tunica after the Board filed a lawsuit alleging that the payments to Tunica are unconstitutional.  I would urge you o reconsider this this position.  Although Miss. Code Ann. Section 19-13-31 allows a board of supervisors to reject claims found by board to be illegal, the local and private law has not yet been declared unconstitutional and/or illegal and you have not yet received an injunction relieving you from the requirements of that law.

Performing these actions without the benefit of a court order can leave you subject to civil penalties.  Mississippi Code Annotated Section 19-13-27 provides for a penalty of the Clerk of the Board that fails to keep the Docket book according to the statute, which can be collected on his or her bond.  Also, section 25-1-73 provides that any county officer whose duty is to be custodian of public funds and who shall improperly withheld the funds or shall fail to turn the funds over to the proper custodian shall be liable on his bond for all costs of collection or recovery, including interest in funds improperly withheld.  Section 25-1-45 also provides for damages for neglect of official duty."

There is more written in the above referenced article.  However, at this time I am only going to write about the letter.

1. The Board of Supervisors' Meeting was on 30 Mar 2015 @5p.  The letter is also dated 30 Mar 2015.  As I understand it, this letter was addressed in Executive Session as there was not time to vet the letter before the meeting.  I have asked Supervisors, Williams, Nickson, Daley, the Chancery Clerk and the County Adminstrator if they released this letter before it was made public.  The above 3 Supervisors and the CC and the CA have advised me they did not release the letter.  This would leave Dunn and Burnett.  Of course, there were other people in the Executive Session.  So, take your pick.

2. Notice that the lawsuit being referenced in this letter is Tunica County v Town of Tunica and Tunica County School District.  The letter only refers to the Town of Tunica.  Hmmm....

3. Goggle: MS Auditor duties:

4: Goggle: MS Code Ann. 19-13-31

5. Goggle: MS Code Ann. 19-13-27

6. Goggle: MS Code Ann. 25-1-73

6. Goggle: MS Code Ann. 25-1-45

In MHO, there has been game playing in the Town of Tunica and Tunica County for way too long.  We have serious problems and it is going to take all of us working together to move to brighter days.  This letter is nothing more then a distraction.

Anyone want to fess up to making phone calls to the State Auditor's Office and explaining why the Tunica County School District was not included in the letter? 

I welcome any and all rebuttals and comments.

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