Ethics - inTunica County???? Let's investigate!

The topic that we’ll be investigating and hope some of our readers will consider and look into as well over the next couple of weeks – Ethics!  Do the ethics laws of the State of Mississippi apply to the Board of Supervisors in Tunica County?  Contrary to what some folks seem to think, we believe that they do!

Is it appropriate and legal for a supervisor (say Henry Nickson) to be a fulltime employee of the Tunica County School District and then, vote as a Supervisor on matters impacting the County and School?  Can Mr. Nickson vote to sue the School and be an employee of the School?  Can Mr. Nickson, as a Supervisor, vote to allow the School to use County facilities free of charge – say the Arena?  Is Mr. Nickson’s job (or his salary) at the Tunica County School impacted by how he votes on issues as a Supervisor?  Is any of Mr. Nickson’s salary from the Tunica County School, directly or indirectly, paid by money that Mr. Nickson votes as a supervisor to give the School?  Was it legal for Mr. Nickson to vote to give his employer (Tunica County School District) over half a million dollars?

What is the law on these issues?  Check out the Mississippi Ethics Commission’s website:

http://www.ethics.state.ms.us/ethics/ethics.nsf/webpage/A_ethics_laws?OpenDocument

There are lots of issues involving ethics and possible violations of the laws.  There are lots of unanswered questions.  There may not be anything to this, but where there is smoke – there is usually fire!

Thank You Sheriff KC Hamp - VOTERS DECIDE ELECTIONS - NOT JAMES DUNN OR HENRY NICKSON

Certain members of “our” Board of Supervisors thought they could “bully” Sheriff KC Hamp and make him forcibly remove Mr. Pegram from sitting at the table.  Sheriff Hamp recognized petty politics and choose not to play.  Sheriff understands that the person with the most votes who is certified the winner without an election contest should take his rightful seat at the table.  Sheriff Hamp understands that the person who lost the election should not be Supervisor.  Sheriff Hamp understands that the voters decide elections – not James Dunn or Henry Nickson.  Sheriff Hamp would not be bullied.  Everyone should thank KC Hamp for having the courage to stand up and do what is right. 

While some blogs complain about the Sheriff’s Department and make unsubstantiated statements about litigation cost for the Sheriff’s Department, they fail to address the real issues.  The real issue with out of control litigation is the Board of Supervisors – NOT the Sheriff.  Some blogs ignore the failed and VERY expensive litigation by the Board of Supervisors against the School and Town.  Some blogs ignore the illegal actions and VERY expensive litigation concerning illegal taxation.  Some blogs ignore the Board of Supervisors failing to address casino valuation and the VERY expensive litigation concerning property values. . . . .

All law enforcement has some litigation – it’s what happens when you are charged with dealing with “bad guys” and protecting the public.  HOWEVER, no other Board of Supervisors in the State of Mississippi is involved in so much litigation for issues like illegally levying taxes, failing to pay money to other government agencies as directed by law, etc.

So, THANK YOU SHERIFF KC HAMP – THE PEOPLES SHERIFF!

Winner, Winner, Winner!

Wow!  334 is still more than 323!  We were beginning to believe that our math principles had changed.  It really seemed so simple to most of us.  Judge Lackey knows how to count votes and knows that the person with the most votes is the winner!  (Even in Tunica County!)


Congratulations to Mr. Pegram.  It will be a change to have someone represent all of District 5 - not just a select few.  It will be a change to have someone act financially responsible!  It will be a change to have someone vote for the good of the County and not just their personal self interest.


Ms. Siggers, please call for the vote on who should be President of the Board.  Everything the Board has done since taking office last month should be thrown out.  Everything should be voted on properly with the "duly" elected persons getting to vote. 


If Mr. Perry really wrote for an attorney general's opinion on who should be supervisor, he should consider letting Mr. Hood know it is no longer needed.


Mr. Dunn, please get a chair for Mr. Pegram!

Corruption continues . . . why are they so scared of Billy Pegram?

Billy Pegram is a proven leader.  He was willing to face hard issues and deal with them.  When he left office four years ago, the County had money in the bank (millions of dollars).  He left the new board with resources to be able to continue to operate the County effectively.  Under Billy Pegram the County's finances were able to be audited.  Why is it that James Dunn is fighting so hard to keep an honest, proven leader who won the election off of the Board?  Why doesn't James Dunn want a man with integrity on the Board?

Another blog has posted in part the following:

“Tonight's [January 14, 2016] meeting began with Board Attorney John Perry explaining his research surrounding the Beat 5 Supervisor position.  Perry has also requested an Attorney General's Opinion on the same.

From what Perry reported, it was clear that Billy Pegram is not the Supervisor for Beat 5. . . . . “

James Dunn will do whatever is required to keep Billy Pegram out of office.  What is James Dunn trying to hide?  He is attempting to manipulate the election process.  James Dunn would rather do away with elections and just anoint himself “President” of Tunica County.  How can Mr. Pegram win the election and be certified and ANYONE think it is right that the LOSER is continuing to serve?  If Mac Daley is paid anything, James Dunn and the others who vote to pay him should be required to reimburse the County.  Tax dollars should not be used to paid those who lost the election.  What would James Dunn and crew be saying if Mac Daley had won the election and Billy Pegram was sitting at the table voting? 

James Dunn has been around for decades.  Surely, by now, he knows the law.  He simply has no excuse for violating any law.  The taxpayers have paid tens of thousands of dollars for Mr. Dunn to attend literally hundreds of meetings and seminars about government and laws.  Mr. Dunn himself solicited an opinion from the Attorney General in order to verify that the Board acted illegal with regard to the housing program.  Check out this link from the Attorney General’s website:

https://govt.westlaw.com/msag/Document/Ia66db6f8a02111e498db8b09b4f043e0?contextData=(sc.Search)&rank=2&originationContext=Search+Result&navigationPath=Search%2fv3%2fsearch%2fresults%2fnavigation%2fi0ad70f700000015245dd1efaee3955f9%3fstartIndex%3d1%26Nav%3dADMINDECISION_PUBLICVIEW%26contextData%3d(sc.Default)&list=ADMINDECISION_PUBLICVIEW&transitionType=SearchItem&listSource=Search&viewType=FullText&t_querytext=dunn+tunica&t_Method=WIN

JAMES DUNN KNOWS HOW TO GET AN ATTORNEY GENERAL’S RULING.  (Another topic for another day – should James Dunn himself be involved in housing in Tunica County as he is a Supervisor and his non profit has dealings with Tunica County?  Hmmmm?)

So, why did James Dunn not get an Attorney General opinion back in November?  Why would he wait until now?  An “informal opinion” (telephone call) is meaningless. 

Oh, and by the way, the Attorney General should NOT be issuing any opinion anyway at this time.  Not only should Mr. Dunn know this, but we would all think Mr. Perry, our Board’s FIFTH attorney in 3 years, would know this.  All you have to do is read the Attorney General’s webpage (assuming you don’t want to take the time to look at the actual law).  From the Attorney General’s webpage:

“The Attorney General is required by Section 7-5-25 to provide an opinion in writing to certain public officials and agencies “when requested in writing, upon any question of law relating to their respective offices.”

Section 7-5-25 limits the Attorney General’s responsibility and authority to provide official opinions in several respects:

1.      Official opinions are provided only to the public officials or boards or agencies designated by statute.

2.      The Attorney General may only address questions of law related the office of the requestor, not questions of law which relate to other officials or their offices.

3.      The question of law must relate to future action.

4.      The matter which is the subject of the request must not be in litigation.”

Don’t believe us - here is the link so you can read it yourself:  http://www.ago.state.ms.us/divisions/opinions-and-local-government-2/

Someone needs to make sure the Attorney General’s office has all of the facts this time including that the action of the Board has already been taken and is being litigated. 

It seems as though incompetent (at the best – more likely criminal) public officials with less than competent advice will continue.  Sad, very sad.

Needed: competent, honest leadership

It is a new year - will anything change?  Our first blog ever was on the topic of the FY14 audit.  The "prior" county administrator was hired because he was a licensed "CPA" and a forensic auditor.   He frequently spoke of "potential" red flags and mismanagement. 
We pointed out back in October, 2015 that the County had no audit for year ended September 30, 2014 (not a typo - 2014).  To our knowledge nothing that Michael Thompson has EVER done has been able to be audited.  Now, the taxpayers will suffer the consequences.  How will Tunica County be able to move forward on any meaningful project and realize savings through refinancing debt when it has all but lost it bond rating. 
This is what came out from Standard and Poor - it is very sad.  Notice the very problems that we raised back in October are the driving force for Tunica County losing is "A" rating.  Standard & Poor understands counties facing difficult situations.  How a county handles the difficult situation is what matters. 
Tunica County has no effective leadership - the Board President is complete ineffective.  The prior administration was incompetent.  Right now is the time to demand accountability.  Every citizen and taxpayer should be demanding answers as to why Tunica County has no audit.  What are the Supervisors trying to hide?  
So, from Standard & Poor:




"Standard & Poor's Ratings Services said it lowered its rating three notches to BBB from A on Tunica County, Miss.'s general obligation debt and placed it on CreditWatch with negative implications.

"The downgrade is based on our view of the county's deteriorating financial position, reflected by its very weak budgetary flexibility and budgetary performance, as well as vulnerable financial management practices," said Standard & Poor's credit analyst Oscar Padilla. "The CreditWatch action follows repeated attempts by Standard & Poor's to obtain timely information of satisfactory quality to fully access our rating on the securities in accordance with our applicable criteria and policies."

The basis of the analysis is fiscal 2013, the county's latest available audited information. While the county has provided budgeted information for fiscal 2014, 2015, and 2016, the absence of audited information for fiscal 2014, following material financial deterioration in fiscal 2013, means there is insufficient information of quality to provide clarity on the county's fiscal position.

Failure to receive the requested information within 90 days will likely result in withdrawal of the affected rating, preceded by any change to the rating that it considers appropriate given available information.

The bonds are secured by the full faith and credit of the county, and the pledge of a direct and continuing tax to be levied annually without limitation as to rate or amount upon the taxable property within the limits of the county."

Board meeting - again? Will it be legal?

The Board of Supervisors will have a “Special Meeting” this Monday night, November 23, 2015 beginning at 5:00 p.m.  Let’s hope the meeting is quick as it should be – we’ll want to get to the Lions Club Sight Banquet on time for a great steak dinner and the official Tunica kick off to the holiday season.

It appears that only one item will lawfully be considered – closing for the Thanksgiving Holidays!  Another item is listed on the agenda “Executive Session.”  However, by not disclosing anything more than that, this could be an illegal topic for the meeting.  We are informed that there are some strict laws governing executive sessions.  To stop illegal executive sessions the citizens might have to take the battle to Jackson, Mississippi and the Mississippi Ethics Commission.  Let’s hope not but we all know how the Board ignores the law.

Rumor is that after the elections, the current Supervisors now want to start settling some of the litigation caused by their illegal acts.  Let us be clear – illegal acts are illegal.  Settling these matters with taxpayers’ money will NOT end this issue.  Any supervisor that voted in favor of illegal budgets and illegal taxes, and in favor of cutting off funding to the Schools and Town should be held personally accountable for their actions.  There is at least $400,000 of bond money available on those Supervisors bonds.  If they have personal assets over their $100,000 bond, those too can be used to repay the citizens for their illegal and intentional acts.  Folks, admitting you are wrong now will not fix your problems!

Let’s all go to the meeting and demand some true accountability.  Are these Supervisors finally ready to admit that their policies and plans failed? 

Maybe the Executive Session is about the audit that seems as though it cannot be performed.  Who really knows? 

 

Federal Investigation Requested

The Tunica County Democratic Executive Committee has failed to perform it duties and to follow court orders.  It appears the DEC has attempted to manipulate the election process.  There is no doubt who the DEC wants to be elected.  Some DEC members are now saying, “Well, if you don’t like it, you should step up.”  For the record, the DEC members attended meetings and sought out these positions.  They sought out the responsibility and were elected by other members of the Democratic party.  The DEC had and continues to have an obligation to the citizens.  This is a serious responsibility.  Failing to do your duty and abusing the position should result in fines and sanctions.  However, intentional attempts to manipulate the process should result in federal criminal charges.

We are calling on the FBI and US Attorney’s office to initiate a federal investigation into the intentional and deliberate attempts of the DEC and some of its members to illegally manipulate the Tunica County elections.  Filing an appeal and then having no follow up and not even paying the appeal fee appears to be an attempt to keep Mr. Jones out of the election.  Not following a court order – was an attempt to keep Mr. Jones out of the election.  Not giving Mr. Pegram notice of any of the litigation proceedings was an attempt to make sure he didn’t act to protect his rights.  Why didn’t Mr. Pegram get notice from the DEC of the mistakes and issues?  I think we all know the answer to this. 

All members of the DEC need to be preserving all of their text messages, emails, computer search histories, voice mails, etc.  All of these will need to be analyzed as part of a potential criminal investigation to see what was really going on.  Strange how the DEC members do nothing but complain about the Court system until they think it could give them another chance.  Some folks need to be consistent.  Sheriff Hamp was able to identify, investigate and have prosecuted voter fraud before – maybe he can help with this.

Mr. Pegram won the election even having to fight against the DEC and all of the power of the current Administration.  The people are demanding change.  The voters want better than what they have had for the last four years.  Of course everyone hopes that Mr. Pegram will stand against our county violating state law and illegal levying and collecting taxes.  Mr. Pegram will stand for accountability – something the current administration does not have.  During Mr. Pegram’s prior years in office, the County’s financial records were able to be audited so that the public really could tell what the financial situation was.  During Mr. Pegram’s prior time in office, the county paid its bills and didn’t hold checks.  During Mr. Pegram’s prior time in office, the County Administrator didn’t cuss out and scream at County employees.

Continued illegal acts, violation of State (and possibly federal) laws, out of control litigation, illegal taxes, loss of jobs, no plans to help the communities, . . . Of course, the incumbent lost. 

Bring on the FBI & US Attorney – it’s past time!