Sunday, July 10, 2011

4. My Supervisor doesn't make good decisions.

And he is not the only one. I've disagreed with so many of their decisions that I've lost count.

Recently, I wrote in this blog about the Sheriff’s request for grant approval from the MS Victims of Crime Program. This grant would be $38,628.00 from the federal government with a $12,876.00 local match.

This item was first on the 30 Jun 2011 agenda and my Supervisor moved to approve this grant. The motion died for lack of a second.

So, at the next Board of Supervisors’ Meeting on 5 Jul 2011, this same item was placed on the table for consideration. This time the Sheriff was present to present his case. The Sheriff said that the Fire Department hasn’t paid the Sheriff’s Department for dispatch services in at least 2 years. The Sheriff said he was going to get the Board’s Attorney to help him collect the money from the Fire Department.

This time the entire Board of Supervisors approved this motion.

Didn’t anyone of them think to tell the Sheriff to collect the money first and then come back for approval? My Supervisor sure didn’t. So, who is going to pay this “local match” if the Fire Department doesn’t have the money? No one even thought to ask the County Administrator who was sitting right there if the Fire Department had the money to give to the Sheriff’s Department. Nobody!!!!

So, what happens if the Fire Department can’t pay this money? We get to pay it out of the General Fund. Just the good old boys going along to get along. In my opinion there isn’t a thinking head in this bunch.

3. I don't like the way my Supervisor runs his personal business.

So, why is this any of my business? Because the current District 2 Supervisor, as President of Henderson Funeral Home, has people working for him who already have well paid jobs with Tunica County Government.

These Tunica County employees and elected officials are listed below with their county salaries:

Sheriff K. C. Hamp, Elected Sheriff: $62,000.00 (Salary set by State Legislature)

Eugene Bridges, Sheriff’s Patrol Commander: $55,166.83 (Bridges is also an Elected Constable and earns between $4,000 and $5,000 per month on commissions.)

Ann Johnson, Juvenile Court Dept. Head: $62,745.54. (Johnson also does the funeral programs for Henderson Funeral Home and is the wife of County Administrator, Clifton Johnson.)

Dr. Henry I. Hargrow: Adolescent Offenders Program: $50,608.50.

John Pickett, Administration: $46,673.36 (Pickett is assigned to Administration but actually runs the Meals-on-Wheels program through an agency Tunica County supports.)

Glen Grant, Elected Coroner: Grant’s salary is unknown through the Public Records.

As a point of information, when asked through a Freedom of Information letter that the salaries and rate of pay for Tunica County employees be made a part of the Public Record as of 1 Oct 2010, we didn’t specifically ask that elected officials be included. Therefore, the County Administrator didn’t include them. We will not be making this mistake again.

Back to the subject at hand: At the moment, the unemployment rate in Tunica County is hovering around 18%. As a Supervisor, wouldn’t you think if you had jobs available at your company that you would offer them to the unemployed rather then to people who already have jobs?

I have no idea whether District 2 Supervisor, Cedric Burnett, as President of Henderson Funeral Homes, is paying the above Tunica County Employees or if they are working for him free. Either way, it just feels wrong. It makes me feel we have a “sub government” of sorts going on in our county.

So, reason #3 is the current District 2 Supervisor is able to and chooses not to help cut the unemployment rate in Tunica County and I am uncomfortable with his personal business practices.

Saturday, July 9, 2011

Problems with Financial Reporting

Will get back to the subject of why I am bothering to run for office after this post.

At the moment, we have a problem with Incumbents and Candidates complying with getting their financial reports in on time, some are not reporting at all and some are incorrect.

Here is the law, you figure it out:

Miss. Code Ann. § 23-15-813

MISSISSIPPI CODE of 1972

*** Current through the 2010 2nd Extraordinary Session ***

TITLE 23. ELECTIONS
CHAPTER 15. MISSISSIPPI ELECTION CODE
ARTICLE 23. DISCLOSURE OF CAMPAIGN FINANCES

Miss. Code Ann. § 23-15-813 (2011)

§ 23-15-813. Civil penalty for failure to file campaign finance disclosure report; notice to candidate of failure to file; assessment of penalty by Secretary of State; hearing; appeal


(a) In addition to any other penalty permitted by law, the Secretary of State shall require any candidate or political committee, as identified in Section 23-15-805(a), and any other political committee registered with the Secretary of State, who fails to file a campaign finance disclosure report as required under Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, or who shall file a report which fails to substantially comply with the requirements of Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, to be assessed a civil penalty as follows:

(i) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, the Secretary of State shall compile a list of those candidates and political committees who have failed to file a report. The Secretary of State shall provide each candidate or political committee, who has failed to file a report, notice of the failure by first-class mail.

(ii) Beginning with the tenth calendar day after which any report shall be due, the Secretary of State shall assess the delinquent candidate and political committee a civil penalty of Fifty Dollars ($ 50.00) for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. However, in the discretion of the Secretary of State, the assessing of the fine may be waived in whole or in part if the Secretary of State determines that unforeseeable mitigating circumstances, such as the health of the candidate, interfered with timely filing of a report. Failure of a candidate or political committee to receive notice of failure to file a report from the Secretary of State is not an unforeseeable mitigating circumstance, and failure to receive the notice shall not result in removal or reduction of any assessed civil penalty.

(iii) Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed, constitutes compliance with Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53.

(iv) Payment of the fine without filing the required report does not in any way excuse or exempt any person required to file from the filing requirements of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.

(v) If any candidate or political committee is assessed a civil penalty, and the penalty is not subsequently waived by the Secretary of State, the candidate or political committee shall pay the fine to the Secretary of State within ninety (90) days of the date of the assessment of the fine. If, after one hundred twenty (120) days of the assessment of the fine the payment for the entire amount of the assessed fine has not been received by the Secretary of State, the Secretary of State shall notify the Attorney General of the delinquency, and the Attorney General shall file, where necessary, a suit to compel payment of the civil penalty.

(b) (i) Upon the sworn application, made within sixty (60) calendar days of the date upon which the required report is due, of a candidate or political committee against whom a civil penalty has been assessed pursuant to paragraph (a), the Secretary of State shall forward the application to the State Board of Election Commissioners. The State Board of Election Commissioners shall appoint one or more hearing officers who shall be former chancellors, circuit court judges, judges of the Court of Appeals or justices of the Supreme Court, and who shall conduct hearings held pursuant to this article. The hearing officer shall fix a time and place for a hearing and shall cause a written notice specifying the civil penalties that have been assessed against the candidate or political committee and notice of the time and place of the hearing to be served upon the candidate or political committee at least twenty (20) calendar days before the hearing date. The notice may be served by mailing a copy thereof by certified mail, postage prepaid, to the last known business address of the candidate or political committee.

(ii) The hearing officer may issue subpoenas for the attendance of witnesses and the production of books and papers at the hearing. Process issued by the hearing officer shall extend to all parts of the state and shall be served by any person designated by the hearing officer for the service.

(iii) The candidate or political committee has the right to appear either personally, by counsel or both, to produce witnesses or evidence in his behalf, to cross-examine witnesses and to have subpoenas issued by the hearing officer.

(iv) At the hearing, the hearing officer shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the hearing officer, who shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be based upon sufficient evidence to sustain it. The scope of review at the hearing shall be limited to making a determination of whether failure to file a required report was due to an unforeseeable mitigating circumstance.

(v) Where, in any proceeding before the hearing officer, any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of the witness, the giving of his testimony or the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

(vi) Within fifteen (15) calendar days after conclusion of the hearing, the hearing officer shall reduce his or her decision to writing and forward an attested true copy of the decision to the last known business address of the candidate or political committee by way of United States first-class, certified mail, postage prepaid.

(c) (i) The right to appeal from the decision of the hearing officer in an administrative hearing concerning the assessment of civil penalties authorized pursuant to this section is granted. The appeal shall be to the Circuit Court of Hinds County and shall include a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the commission following an administrative hearing. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the hearing officer, and the filing of a bond in the sum of Two Hundred Dollars ($ 200.00), conditioned that if the decision of the hearing officer be affirmed by the court, the candidate or political committee will pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Secretary of State will pay the costs of the appeal and the action in court.

(ii) If there is an appeal, the appeal shall act as a supersedeas. The court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may be tried in vacation, in the court's discretion. The scope of review of the court shall be limited to a review of the record made before the hearing officer to determine if the action of the hearing officer is unlawful for the reason that it was 1. not supported by substantial evidence, 2. arbitrary or capricious, 3. beyond the power of the hearing officer to make, or 4. in violation of some statutory or constitutional right of the appellant. The decision of the court may be appealed to the Supreme Court in the manner provided by law.

(d) If, after forty-five (45) calendar days of the date of the administrative hearing procedure set forth in paragraph (b), the candidate or political committee identified in paragraph (a) of this section fails to pay the monetary civil penalty imposed by the hearing officer, the Secretary of State shall notify the Attorney General of the delinquency. The Attorney General shall investigate the offense in accordance with the provisions of this chapter, and where necessary, file suit to compel payment of the unpaid civil penalty.

(e) If, after twenty (20) calendar days of the date upon which a campaign finance disclosure report is due, a candidate or political committee identified in paragraph (a) of this section shall not have filed a valid report with the Secretary of State, the Secretary of State shall notify the Attorney General of those candidates and political committees who have not filed a valid report, and the Attorney General shall thereupon prosecute the delinquent candidates and political committees.

Thursday, July 7, 2011

2. More on 1370 Beatline Road

I've just spent over an hour trying to get pictures uploaded to this blog. I can't figure it out. However, I do have pictures and copies of documents in my possession. If you want to see them, you can come by my house and I will show them to you.

In January 2010, the house at 1370 Beatline Road was set-up for construction or remodeling as there was a dumpster in the carport and debris was being removed from the interior of the house, etc.

The first picture was taken on 31 Jan 2010. It shows a construction dumpster in and out of the carport at the above address.

As months rolled by, carpenters, etc. started working on the house.

On 15 April 2010, I noticed there was no Building Permit visible on the premises. So, I went to the Planning Office and was told there was no Building Permit issued for 1370 Beatline Road.

The second document is #08944 from the Tunica County Building Department. It is a Stop Work Order issued for 1370 Beatline Road on 15 Apr 2010. In the body of this document it says: "Must obtain permits" and is signed by B. Meredith.

Let's see, the Beat 2 Supervisor who with the other Supervisors helps set the rates for various permits does not know he needs a building permit or he thinks this applies to all of us but not to him? Wonder which is the right answer.

The next document is THE BUILDING PERMIT!!!! Yea!!! Issued 15 Apr 2010...15 Apr 2010 was a very busy day. The Permit #10bldg1703; Receipt #4260; paid with check #1308. The Owner's Name: Cedric Burnett. But wait...there's another document.

This document is a Warranty Deed dated 30 Jun 2010 transferring ownership of this property from Clara Burnett to Cedric Burnett by Board of Supervisors' Attorney, Andy Dulaney. You can find this document in the Land Records of the Tunica County Courthouse: Book A-7; pages 281 through 287 or as previously stated, you can come by my house and have a look at the certified copy.

So, on that very busy day in Apr 2010, Cedric Burnett was not the owner of the property known as 1370 Beatline Road as he stated on the Building Permit issued on 15 Apr 2010.

You know what is so sad about all of this? You don't have to own property in the State of Mississippi to hold public office. You just have to reside in the district you wish to represent.

And here is a final thought: The building permit states that this house is around 1500 square feet and the cost of renovations is $30,000. What bank would issue a construction loan without verification of ownership?

1. So, why am I running for office?

Because I hate dishonesty. However, I'm not really sure the citizens of Tunica County are ready to listen to the truth. It seems to me that most are waiting for someone else to do the job for them...to make everything okay. This is not going to happen folks. Each of us has a right and a responsibility to question our government. When you don't, your silence is endorsing what they do.

What started this burn in my belly was attending Board of Supervisors meetings and watching my Supervisor playing with his cell phone. I guess he was text messaging. Who cares. He wasn't giving his undivided attention to the business at hand and that was what was important to me.

The Transparency Committee asked the Board of Supervisors to move the first meeting of the month to an evening time so that more citizens could see what was going on in our government and our government would therefore be more transparent. The answer from the Board as a whole was no. Billy Pregram said anyone could come into the meeting at 9a in the morning. Guess this went over his head as most people are working at that hour. Bobby Williams wanted to know who was on our Committee and said we weren't being "transparent" because we wouldn't tell them. Why do you need to know? So you can fire them? If you don't know this by now let me put it in writing. Our county government has a reputation of getting rid of anyone who doesn't go along with the program. That's why I wouldn't tell you.

However, this isn't to say we were hiding anything. Every month we have specifically invited elected officials to our meetings by placing this item on the Calender of the Tunica Times. Not one of you has ever shown up.

Back to why I am bothering to run for office:

In the summer of 2009, I was given information that my Supervisor, Cedric Burnett did not live at 1370 Beatline Road as indicated on his Statement of Intent for the above listed office.

I went by this address and could verify from my van that no one could be living in this house as it was filled to the gills with junk.

I then verified that Cedric Burnett had used this same address in his previous 2 terms as the Supervisor for District 2. Additionally, his voter registration and that of his mother, State Representative Clara Burnett, also show this address.

At the next Public Hearing, I asked Burnett if he lived at 1370 Beatline Road.

Burnett said, “No, I don’t live there.”

Please note that at this Public Hearing the following people were present:

District 1 Supervisor, James Dunn

District 2 Supervisor, Cedric Burnett

District 3 Supervisor, Paul Battle

District 4 Supervisor, Bobby Williams

District 5 Supervisor and Board President: Billy Pegram

Board of Supervisors’ Attorney Andy Dulaney

County Administrator, Clifton Johnson

Publisher and owner of our local newspaper, The Tunica Times.

Citizens interested in having the newly formed Humane Society included in our county Budget.

Members of Tunicans for Transparency in Government of which I am a member.

I then asked Burnett to tell us where he lived.

Burnett stated, “Keep looking, you’ll find it.” Can you imagine the arrogance of an elected official making such a statement?

I then asked the other Supervisors to vacate the District 2 seat and hold a Special Election to fill the vacancy.

The Tunica County Board of Supervisors took no action. Not one of them even had the guts to say: "Cedric, tell her where you live."

Stay tuned, there is more to come.

Wednesday, July 6, 2011

Last week's debate....

This is not going to be pretty.

One of the last people to speak at the Community Debate on 28 Jun was District 5 Supervisor Candidate Rev. McKinley Daley. He was so out of line.

At the end of his time, Daley said he wanted the people to elect him and to help him get Sonny Nickson, Phillis Williams and the 2 Supervisors who showed up elected too. Daley happened to be sitting next to me and when he returned to his seat, I told him I considered what he said a racist remark as everyone he named just happened to be an African American.

Daley said no, no, he's not a racist and then told me I just don't understand what is going on. He asked, did I happen to know that the Board of Supervisors had hired Ken Murphree and paid him $85 an hour? Are you kidding me? Just who do you think has been digging up all of this mess?

At that point, I gave Daley my contact information and told him to call me. We need to talk. It's been over a week, so he's lost his chance.

Okay, so the first thing Daley did wrong was to ask for a totally African American Board of Supervisors. Wrong Rev. Daley. This community needs to work together. If you can't help. Get out of the way.

The second thing wrong with what Daley said was insinuating that he, as a CANDIDATE in District 5, could use this Community platform to influence the votes in any other District but his own.

Rev. McKinley Daley you insulted the other Candidates for Supervisor who were participating in the Debate: Linda Fay Engle-Harris, Mark Hudson, Brian Smith and me.

Tuesday, July 5, 2011

Board of Supervisors Meeting 5 Jul 2011

Did you see the Thank You to the Supervisors in the last post? Well, I take it back.

This morning this same item was back on the agenda and the Sheriff showed up to again request approval. This item was to "Consider grant application for Tunica County Sheriff's Department - MS Victims of Crime Program - $38,628.00 federal; $12,876.00 local match."

Again it was brought up that the Sheriff intended to pay for the local match from the funds the Fire Department owes him for dispatch services. Apparently, from what was said, the Fire Department hasn't paid the Sheriff's Department for dispatch services in at least 2 years. The Sheriff said he was going to get the Board's Attorney to help him collect the money from the Fire Department.

So, the Board approved the grant. WRONG! Let the Sheriff get the money and then approve the grant. Doesn't that make more sense?