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!

The County Administrator – Let’s be clear!

Court documents from the county administrator’s latest appearance in Municipal Court show that he resides on Turtle Lane in Brandon, Mississippi.  Let’s be clear, we do not have an issue about where the County Administrator resides, Brandon – Tunica or Timbuktu!  In short, if he can do the job, he should be able to live anywhere.

 

The problem with the County Administrator, is not where he resides, it is with his job performance!  In two short years, under the County Administrator’s leadership, backed by a voting block primarily made up of three elected Supervisors, has resulted in:

 

• Illegally discontinuing funding to the Tunica County School System and the Town of Tunica.
   
• Illegally raising taxes on every citizen and business located within Tunica County for fiscal year 2015 and continuing that illegal practice in 2016.

• Depleting the county general fund asset balance from $11.1 million in 2011 to $800,000 in 2016 in estimated cash as of October 1, 2016, and depleting the county road fund by $5 million during that period.
   
• No audit of the county during his administration.  Why is it that our self-proclaimed “forensic auditor”/county administrator does not provide the citizens of Tunica County with this state mandated function of county government? 

• An expose on Tunica County in the Washington Post brought on at the invitation of the county administrator.  Deplorable housing in Tunica County?  Are we not spending over $10,000 per month administering a housing program?  The administrator is benefiting but whose home is being worked on? 

These actions by our County Administrator have resulted in unnecessary litigation that has cost the county hundreds of thousands of dollars in legal fees.  We say hundreds of thousands because we don’t actually know the figure.  It’s been asked, but not answered. 

 

These are just a few of the accomplishments made by our current county administrator during his two years here in Tunica. 

 

Tunica County, We Deserve Better – We Can Do Better – We MUST Do Better!

Litigation Cost - will the County Administrator release the legal cost to the citizens?

This is pretty cool - check on the status of the Tunica County v. Tunica County School & Town of Tunica Supreme Court appeal yourself:


http://courts.ms.gov/appellate_courts/generaldocket.html


Once there - Case Year - 2015;  Case sequence:  01183


Or, to review and check the status of the Hollywood Casino litigation over the illegal taxes:


Once there - Case Year - 2015; Case sequence:  01645


This way no one has to rely on rumors and hearsay.  We can all see and know the truth about what is going on with the Mississippi Supreme Court.  We wish it was like that with the current County Administration.


It would be interesting to know how much this litigation is costing the taxpayers?  Mr. County Administrator, would you be willing to share the County's legal cost for each of these two losing matters with the citizens of Tunica County?  I doubt it, but maybe he'll surprise us.

The Citizens have a right to know! What is the real financial situation?

Unfortunate – and illegal – decisions over the last several years (especially last two years) will cost Tunica County and its citizens thousands & thousands of dollars.  Completely unnecessary litigation will cause the new Board trouble for years.  Competent advice from the appointed officials would have avoided hundreds of thousands of dollars of litigation cost and the violation of various state laws.  While we can’t change the past, we certainly can learn from it.  So, where do we go from here?

The new Board of Supervisors will have to determine what their priorities are.  As part of this, the new Board of Supervisors could dedicate 15%-25% of the gaming revenue to pay the County’s debt and fund the programs that support Tunica County’s largest industry and biggest taxpayer.  The casino industry pays 100% of the gaming taxes – is it too much to ask that a fraction of this be used to support the industry?  Remember, the County gets a percentage of the gaming revenues so investing in the industry through programs that help the gaming industry will help increase gaming revenues – more revenues for the County.  That would be a “win-win” scenario.  Further, dedicating as little as 15% of the gaming revenues to pay the debt service will reduce property taxes for everyone. 

What other uses are there for the remaining 75%-85% of the gaming revenue?  A percentage of the gaming revenue needs to be used for public safety.  A percentage of the gaming revenues are already dedicated to educational purposes (of course, the current Board has not valued this and illegally stopped the payment – and incurred 6 figure legal costs for this illegal action).  A percentage of the gaming revenue needs to be dedicated for recreational programs.  A percentage of the gaming revenues need to be dedicated to housing, to water quality, etc.  When gaming is up, every program will benefit.  When gaming is down, every program will need to tighten its belt – not just a select few.

Just think what could have been done with $300,000 to $500,000 if it had not been spent on unnecessary and “lost” litigation.  While a topic for another day, some preliminary information indicates that Tunica County’s cost for health insurance has gone up several hundred thousand dollars since the current Board voted to change companies.  It would be real interesting to know if this is true, but with no audit, no one can really tell.

We need to demand more accountably so that the new Board will have some understanding of the real issues that it will face.  It is time for the truth about the financial situation to be told – the financial situation created by the current Board!  It is time to end the wasteful, unnecessary and illegal spending.  Approving claims and then holding the checks because there is no money is just not right – probably not legal.  The County Administrator should be required to explain why there is no audit for any of the time that he has been in office – right at TWO years.  If he was auditing Tunica County right now – what would he say?  The County Administrator should be required to provide a monthly cash report by department and fund showing the real financial state of the County.  The County Administrator should be required to provide a projection of where the County will be on January 1^st when the new Board takes over.  The citizens and new Board members deserve to KNOW the truth.

Congratulations! Now, can the pieces be sorted out?

Congratulations to the winning candidates from yesterday – particular the two “new” Supervisors, Mr. Johnson and Mr. Pegram.  The vote is clear evidence that the citizens of Tunica County are demanding better!  The vote is clear that the citizens of Tunica County are expecting better!

Be careful what you ask for . . . you might get it.  Believe it or not, the hard part will start in January.  The current Board’s policies appear to have led our County to near disaster.  It appears that you will take office with a mountain of litigation (most of which has been lost and is now on appeal – like a hail-Mary pass at with no time on the clock), no money in the bank (really worse, no money in the bank and lots of checks bill held), and a County Administrator that does not seem to know what to do other than encourage more and illegal taxes.   Further, It would seem as though the new Board members will be taking over a County that is not able to be audited. 

With all of the problems, will also come opportunities.  We would recommend starting by contacting the State Auditor and demanding that his team of auditors immediately initiate a full audit of the County – maybe even a forensic audit.  The new Board should not have to start with a cloud hanging over them.  We know where the current Board started back in January, 2012 because of the audit – which showed over $11,000,000 in general fund assets and over $6,000,000 in the road fund.  Of course based on Mr. Thompson’s budget, we know these assets/funds are gone with only about $1,500,000 as a beginning cash balance for the general fund and road fund combined as of October 1. 

There are strict legal limits on what can be done during the last year of office by Supervisors and how much money they can spend during their last months of office.  This will be monitored and the current Board members can be held personally responsible for illegal activity.

Again, congratulations and hopefully the days of “not guilty” being the standard set for our County Administrator are over.

Tunica County will do better!

$140,000,000 - Where did it go? Can we really afford four more years?

BY THE NUMBERS - ADDING UP WHAT THE CURRENT BOARD OF SUPERVISORS COULD HAVE COST THE CITIZENS OF TUNICA COUNTY IN FOUR YEARS: 

$4,000,000                         Estimated cost to refund the illegally collected 2014 property taxes.

$4,000,000                         Estimated amount of budgeted property taxes for 2015 that well could be ruled illegal.

$3,000,000                         Estimated amount the County could have to refund based on pending casino property valuation challenges.

$5,000,000                         Estimated amounts illegal withheld from the School and Town

$10,000,000                      Difference in the amount of assets in the general fund as shown by an AUDIT for 9/30/11 versus the beginning cash balance for the current year’s budget.

$5,000,000                         Difference in the amount of cash in the road fund as show by an AUDIT for 9/30/11 versus the beginning cash balance for the current year’s budget.

$???????                             Cost of litigation to fight over such issues as why the Board didn’t just advertise as required by law – publish twice and wait 7 days – it’s that easy!  81 other counties follow the law.  Tunica County followed the law until 2014.  Why the change?  Why not do it right the first time?  Since January, 2014, it appears well over $300,000 has been spent on legal fees – not counting the $50,000 cost to have an attorney at all of the meetings and available to provide legal guidance to avoid litigation.

$31,000,000                      THE TOTAL.  There is tax money that needs to be paid back to taxpayers.  There is money that should never have been collected.  Laws have been broken.  There is money where the citizens have no audit to review in order to know its elected officials have not broken other laws. 

$140,000,000                    Estimated amount of the four budgets approved by the current Board of Supervisors.  4 times the FY2016 total budget of over $35,000,000.  Where did the current Board of Supervisors spend this money? 

 

Can Tunica County really afford four more years?  While a select few are doing great – ask yourself – Can YOU really afford four more years of illegal taxes, reduced services and no audits to show where the money is going?

The final thought:

$1,000,000              The cost to the taxpayers for 5 supervisors for 4 more years.  This does not include the thousands of dollars they vote on to send themselves on “county” trips to learn what the law is and how to follow it.

 

Is “Not Guilty” really the standard we have set for our elected and appointed officials?  Tunica County can do better.  Tunica County deserves better.

OUT OF CONTROL LITIGATION COST

Poor judgment and legal advice are costing Tunica County hundreds of thousands of dollars.  The current Board of Supervisors followed the law for the first 24 months of its term of office and paid part of the gaming revenues to the Tunica Schools and Town of Tunica – which the law requires.  The law had been being followed and compiled with for over two decades.  Once the current Board of Supervisors voted to not pay the Tunica Schools and the Town of Tunica, the current Board of Supervisors then sued not only the Tunica Schools but also the Town of Tunica. 

The Attorney General for the State of Mississippi and the State Audit informed the current Board of Supervisors that this was illegal.  The Attorney General and State Auditor stated the County should not withhold the payments.  The current Board of Supervisors does not care what the Attorney General thinks and appears to not care with the State Auditors think.  The current Board of Supervisors does not seem to care what the Circuit Court thinks.  Is there any reason to think the current Board of Supervisors will care what the Mississippi Supreme Court will think?

The Court ruled against Tunica County and directed that the Tunica Schools and Town be paid.  Well the current Board of Supervisors voted to appeal this decision to the Mississippi Supreme Court.  Who benefits from this litigation – the lawyer.   Reports show that Tunica County’s legal bills for this litigation are over $125,000!  The legal cost continue to go up as the appeal moves forward.  The taxpayers should not have to pay this cost.  One legal bill indicates that the attorney for Tunica County spent seven and half hours for “review and analysis of TCM spreadsheet from 1993 to 2014.”  At $300 per hour, it cost the taxpayers over $2,200 for an attorney to look at some spreadsheets. 

What is the position of the current candidates for supervisor on the unnecessary litigation cost?  If you support the current Board of Supervisors then you must support ridiculous and very expense litigation.

County Administrator in Court! This Monday – Criminal Charges Pending.

We understand that the individual appointed by the current Board of Supervisors as the highest ranking official in Tunica County, the person responsible for the day to day operation of Tunica County’s government, the individual who represents all of us when meeting with Federal and State officials, the individual who represents all of us when meeting with executives of companies who are considering bring jobs and an increased tax base to Tunica County, and most importantly, the individual who should respond to the citizens of Tunica County with respect and dignity, WILL BE IN COURT on Monday, November 2, 2015 at 9:30 a.m. in the Town of Tunica. 

A charge of disturbing the peace has been filed against the County Administrator by the County’s Comptroller.  As outlined in the sworn affidavit, yelling indecent and offensive words as well as a physical threat were involved.  We understand this all came shortly after the county’s outside auditing team held a meeting with the County Administrator to discuss the audit.  Was there something that happened as part of the meeting with the outside auditors that caused the County Administrator to lose his cool? 

Yelling, profanity, threats . . . . Are the qualities of a leader?  Do the employees of Tunica County deserve to be treated like this?  We believe every employee should be treated with dignity and respect.  Why does the current Board of Supervisors tolerate this type of behavior by the County Administrator?

No audit.  Profanity and physical threats when the audit is discussed.  What is there that someone, seemly the County Administrator and at least three current supervisors, does not want the public to know? 

We recommend anyone who has time attend City Court and hear the sworn testimony for themselves.  Don’t rely on us or anyone else – get it firsthand.  You have this right – Court is open to the public.  Certainly, the members of the Board of Supervisors should attend Court to hear how their County Administrator runs his office.

Warning: graphic language is contained below.  Please consider before reading the actual charges.

Housing Boom? Who is really profiting from Tunica County's housing program?

From records we have been able to obtain, Tunica County is spending on average over $10,000 per month for housing administrative cost.  Not on housing, but on administration.  It is not clear from the records, how much, if ANY, is being spent on actually improving housing in Tunica County.  Preliminarily, it seems as though maybe $25,000 - $50,000 has been spent on actually trying to improve housing in the last couple of months. 

An audit of this program by the County Administrator might be able to shed some light on the housing program and its effectiveness.  We understand the Attorney General previously issued an opinion that the structure the County implemented was not legal.  We understand the structure has changed but has anything else?  Of course, the County Administrator was hired by the Board of Supervisors as he is a licensed CPA – a forensic auditor even.   If the County can’t get its own audit done from over a year ago, we are not sure we would think the County Administrator can get a housing audit done. 

Whose houses are being worked on?  Who are the contractors?  How are they being paid?  Certainly the folks administering the program are benefitting - but is anyone else?  We can’t afford inefficient programs!  Tunica’s citizens deserve better!

Experience not needed! Qualifications required: integrity, honesty & good business judgment.

When deciding who is best qualified to serve in an elected position, please know that prior experience as an elected official is NOT required.  In fact attending meetings of the current Tunica County Board of Supervisors could be detrimental at this point.  If someone were to follow the current Board’s lead and continue the same path as the current Board of Supervisors, then they would find themselves on the wrong side of the law!  When a Board illegally approves its budget and illegally raises taxes, that is not a Board to learn from.  When a Board intentionally votes to violate State law and not pay the local School District its share of the gaming taxes, that is not a Board to learn from.  When a Board intentionally votes to violate State law and not pay the Town of Tunica its share of the gaming taxes, that is not a Board to learn from.  When meetings are known for their entertainment value, that is not a Board to learn from.  When individual supervisors “rant” with no respect for themselves, much less others, that is not a Board to learn from.

For someone to think you have to go to Board meetings to be qualified to serve is simply wrong.  Tunica County needs independent individuals known for being honest, having the highest standard of integrity and who are known to have good business judgment.  Minimal research online shows that the State of Mississippi helps to provide training to newly elected supervisors.  Let’s not start any new Supervisors off on the wrong foot by having them learn from the current Board.  Check out the link:

http://www.mssupervisors.org/new-term-orientation-december-8-9

So, makes us wonder – Did the current “new” Board members who started “serving” in January, 2012 go to this training? 

Smoke & Mirrors? Is Tunica County Really “sinking” or “swimming” in debt?

First, thank you to those who have commented and recognized that this blog is here for one thing – to try to present the TRUTH!  Welcome Barbara Tuchel! Please note – your comments are posted without our “pre-approval” and we have never deleted a comment.  (Of course, profanity and direct personal attacks can’t be allowed.)  On this blog - a healthy, but respectful, debate is welcomed and encouraged!  No need to look at other blogs – we have it all!

The current County Administration has worked hard to make everyone believe the County is “sinking” or “swimming” in debt.  The County has incurred various debts over the years – like many of us.  The County loan money was used for many different projects, but primarily to support the gaming industry – golf/tennis, arena, airport, River Park, recreation facilities, etc.  Beginning in 2012, the current Board of Supervisors increased property taxes by over 15 mills annually (about $3,500,000) so that it could pay the debt payments!  The prior Board had levied no taxes to pay the debt – it used the gaming revenues for that.  Since 2012, the current Board has estimated that it needs about $3,400,000 annually to pay this debt that we are “swimming in.”  See the budget.

Based on reported numbers, as little as FIFTEEN PERCENT (15%) of the gaming revenue will pay the annual debt service of the County!  This holds true even for last year when gaming was down over 40% from its high in 2006.  Why not dedicate 15% of the gaming revenues to pay the debt service AND then eliminate the $3,500,000 tax on the citizens?  Why put the burden of this on the citizens when such a small portion of the gaming revenue can cover all of the debt?

Get your part of $4,000,000 back! Contact the State Auditor!

We recommend anyone that paid 2014 property taxes in Tunica County, Mississippi contact the State Auditor to get your money back.  If you paid property taxes earlier this year (that was the 2014 taxes), then you should try to get your money back - at least the illegal part!  Here's a sample of what some people will be sending.  While it might not work, we have to try!  Money is too hard to come by to give it away.

Tunica County Taxpayer

 

October 26, 2015

 

Mr. Stacey Pickering, Auditor
State of Mississippi
P.O. Box 956
Jackson, MS 39205

Dear State Auditor Pickering:

            I understand the Circuit Court of Tunica County has ruled that the 2014 Tunica County properties taxes are illegal.  I understand that you are aware of this as the Judge consulted with you on this matter. 

            This Court ruled that the taxes levied and collected by the Tunica County Board of Supervisors for the 2014 tax year were illegal, and to the extent there was any increase in the taxes, the same are “null and void.”  The 2013 tax levy for the general fund, road maintenance fund and to pay debt was about 24 mills.  In 2014 the Board of Supervisors illegally increased this to 41 mills.  This means about 17 mills of tax that was collected was against the law.
            Most all citizens of Tunica County would like these illegal taxes back.  We were forced to pay these taxes or face big penalties and interest - even the loss of our property.  This is not right and you know it.
            I am personally requesting that you step in and make the Board of Supervisors pay the illegal taxes back.  Each Supervisor should have posted a bond.  You might have to call on the bonding companies.  We trust that you know what to do AND will do it. 
            Please don’t force each taxpayer to hire a lawyer and sue Tunica County.  Thousands of lawsuits can be avoided if you will step in.  Please act quickly as I understand the 2015 taxes are illegally assessed and you can stop the Board of Supervisors from ever getting their hands on that money!
            I would request that you respond to this letter and let me know if you will stand up for what is right and make the elected officials follow the law.  Also, why has there been no audit for the County for over 2 years?  Tunica County deserves better.

                                                                        Sincerely,

                                                                                                                             

                                                                        Taxpayer
Copy to:
President James Dunn
Tunica Board of Supervisors
P.O. Box 639
Tunica, MS 38676

Chancery Clerk Rechelle Siggers

P.O. Box 217
Tunica, MS 38676


County Administrator Thompson
P.O. Box 639  
Tunica, MS 38676

Ethics Issues for Some Current Supervisors?

Does it violate the Mississippi Constitution and ethics laws of the State of Mississippi for two current members of the Board Supervisors who are also employees of the Tunica County School District to consistently vote on County issues that impact the School District?  Who is their allegiance to?

Here is a link to the Mississippi Ethics Commission:

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

Or, you can get a complaint form online:

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

$3,000,000 MORE AT STAKE! LITIGATION! LITIGATION! – CAN THE COUNTY WIN THIS TIME?

We understand that four casinos are challenging their assessed values.  Not very exciting until you realize the impact it could have on all Tunica County citizens.  These cases date back over two years to the 2013 taxes and now involve the 2014 and 2015 taxes.  These cases are reported not only in the Tunica Times but other newspapers around the area.  If the county loses, like it did in the Town/School litigation and budget/tax levy litigation, what happens?  The taxpayers lose – as usual.

The problem:  The current Board of Supervisors has not taken into account the downward pressure on the casinos and how that impacts the value of the casinos.  In essence, the current Board of Supervisors has ignored pleas by the gaming industry to value the casinos in light of the current gaming market and not as if it is 2006 – when the casinos where at an all-time high.  For example, Harrahs Casino which has been closed well over a year and is now in bankruptcy is about to sell for around $3,000,000.  The County has valued this same property on the tax rolls at over $170,000,000!  Will a jury or judge believe that a property is worth $170,000,000 when it is being sold for $3,000,000?  We don’t think so.  Expand this issue across four casinos and it is a disaster brewing.

The current Board of Supervisors has collected the 2013 and 2014 tax money and spent it!  From our reading of the budget, absolutely no reserves are established in the event the County loses.  To further complicate the matter, it appears the County has budgeted to spend all of the 2015 tax money once it is collected.  No consideration has been given to the possibility the County could lose the 2015 tax challenges.  If the County loses, then it could have to pay around $3,000,000 back to the four casinos!  It has or is budgeted to be spent!  Where will the County go to get the money – the citizens.  The Board of Supervisors will either reduce services or raise taxes.  To make up the $3,000,000, the Board would have to increase the county taxes almost 25% from 41 mills to close to 54 mills.  More problems – the Court has already ruled that about 17 of the 41 mills are illegal.  So, once again the citizens of Tunica County could be facing a huge tax increase!  We have not assessed how the Board’s actions will negatively impact the local school’s budget – but it’ll cost the school district more than it cost the County! 

Can we afford elected officials who ignore the issues?  We hate to bring it up again, but without an audit we will never be able to understand the size of the current crisis until it is much too late!  The County Administrator was hired because of his auditing skills and credentials.  Why can’t we get an audit?  Maybe someone is trying to hide the budget crisis until after the election????

$10,000,000 - Where did it go?

If you look at the link that we posted a couple of weeks ago, you can go to the AUDIT for the last full year of the prior Board of Supervisors.  It shows the general fund has $11,188,544 of assets in it as of September 30, 2011.  The current budget proposed by the County Administrator and adopted by four of the five current Board of Supervisors members shows the general fund was anticipated to start this year with $800,000.  Without an audit of any kind for the last TWO years, we ask the question, “Where did over $10,000,000 go?”  The citizens and taxpayers deserve an answer.

An explanation would be great.  Here are the documents which concern us:

County refuses to follow the law - tax refund coming?

We have had more time to consider the Court’s ruling in the Hollywood Casino budget/tax levy case (we need to distinguish this case with Hollywood’s other case we now understand is pending over property tax valuations – we’ll address the other litigation over the next several days).  As an aside, the Tunica Times (www.tunicatimes.com) covered the issues very well – check it out – the front page seems to be all about litigation.  Back to the analysis of the Hollywood Casino budget/tax levy case:

To the extent that the Board raised taxes last year, the increased taxes are “invalid, null and void.”  The bottom line, if you paid property taxes in Tunica County, Mississippi for the year 2014 (these taxes would have been paid in December, 2014, January, 2015 or February, 2015), then immediately file for a refund of the illegally levied and collected taxes.  Hopefully, you’ll be able to get back between 15-20% of all of the taxes that you paid!  Our reading of the Court order is that the additional 6 mills for the general fund was illegal, the new 9 mill tax for the road fund was illegal and the additional 2 mills to help pay the general obligation debt was illegal.  That’s a total of about 17 mills that was illegal or about 15-20% of the total taxes!  If our analysis is correct and one mill is equal to about $240,000, then the Board of Supervisors will be reimbursing taxpayers over $4,000,000!  Thank you Hollywood Casino!

The Court stated:  “The power to levy and collect taxes is NOT an unrestricted power possessed by a county or Board of Supervisors.”  Further, the Court stated that the Board of Supervisors only “speaks” through its minutes – so, if it is not in the minutes, it did not happen.  Everyone should make a point to read the minutes of the Board of Supervisors – that is what counts.

The Court found that the County clearly did not follow the law and the tax levy is illegal.  Here is what was wrong:  1. The required legal notice (which is included in the law) was not used.  (Why didn’t the County use the notice when all it had to do was retype the notice that is in the law?  Pretty easy to do – in today’s world most everyone knows how to type.)  2.  The legal notice was not published two times.  (the law says publish the notice two times – again – pretty easy to figure out that publishing one times is NOT the same as publishing two times.)  3.  The notice has to be published more than 7 days before the hearing – it was NOT.  (oh boy – surely we can count to 7).

To get it right is not that difficult.  81 other counties get it right.  Tunica County has always gotten it right until the current Board of Supervisors.  The Court stated:  “The evidence is clear that the Board failed to follow the mandatory notice and advertising requirements . . .   Counsel for the Board as much as conceded the same during oral argument.”  “In short, the Board, a public body, held an un-noticed, un-advertised meeting wherein public business was discussed and acted upon, including the levying and raising of taxes.”

The Court even referenced an Attorney General’s opinion to the Tunica County Board Attorney from October, 2014 which said in part, “Of course, the normal requirements of budgetary procedure, such as advertisement of the county budget under Section 19-11-7 and notice of any proposed tax increase under Section 27-39-201, et seq., will apply . . . . “ 

Does the Board have $4,000,000 to pay back the illegally collected taxes?  Why would the Board and administration ignore the law?  Should the taxpayers have to pay the legal cost to defend this action?  Why can’t the current Board and current administration seem to follow the basic laws of county government?

Justice Court Election - who decides? Voters or MBI?

We are aware of the Mississippi Bureau of Investigation report concerning potential voter fraud in the Justice Court election (southern district).  We appreciate the investigation that has taken place.  However, the citizens of Tunica County and the State of Mississippi should be outraged by this investigative report.  Here are the primary issues that we believe should raise serious concern:

First, criminal investigations should be confidential until a formal charge has been made.  There are some exceptions to this, but how often do you see investigative reports released when no arrest or charges have been made.  This leads us to question the intent and integrity of the report.  As reported, the first page of the investigative report states that no suspect has been arrested or charged – AND that the matter is “Pending Completion of investigation and Attorney General Office’s review.”  An incomplete investigative report with no charges and no arrest which the Attorney General’s office has not reviewed is being released to the public?  Sounds like politics to us.  Very dangerous politics.

Second & MUCH more important:  In the report, the Mississippi Bureau of Investigation (the police agency of the State of Mississippi) recommends that one candidate be “REMOVED” from the ballot and that another candidate be “added” to the ballot.  In a democracy, should the police be telling us who can be on the ballot and who can NOT be on the ballot?  If the Mississippi Bureau of Investigation decides who can be on the ballot and who cannot be on the ballot, we do not need a court system.  The Court system ultimately decides election issues and makes the determination of who can run for office – not the police.  The Court ruled in this case.  As the proper procedure was not followed, the appeal is over and the court order is final. 

Third & AS important:  In the report, the Mississippi Bureau of Investigation has independently determined that Judge Lackey’s order is illegal.  Also, the Mississippi Bureau of Investigation has determined that Judge Lackey’s order had “no lawful standing.”  If the Mississippi Bureau of Investigation can decide this, then why does the State of Mississippi spend money on a Supreme Court?  Again, these are issues for the court system – NOT the police.  Sheriff Hamp has never issued reports about who can be on the ballot.   Sheriff Hamp understands the role he is obligated to fulfill and he understands the role of the Court system.  Maybe Sheriff Hamp could give some pointers to the Mississippi Bureau of Investigation.

The police do not need to decide who can run for office and who can NOT run for office.  The Mississippi Bureau of Investigation needs to stick to the task at hand and keep its personal commentary about the election to itself.  If you would like to live where the police decide who can run for office – we recommend moving to Russia.

It looks more like incompetent election officials.  The Democratic Executive Committee would have the public believe that they did not hire Mr. Willie Griffin as their attorney.  Were they not in the courtroom the day Mr. Griffin was there along with Judge Lackey and a host of Tunica County citizens?  Or, did Willie Griffin just happen to wander in the Courtroom, hide under the table, sneak up and sign the order along with Mr. Graves and Judge Lackey and then sneak out?  Has the Democratic Executive Committee or the Mississippi Bureau of Investigation filed charges against Mr. Griffin?  What does the American Bar Association think of this?

We request that everyone call the Public Integrity Division of the Attorney General’s office to request an investigation into the Mississippi Bureau of Investigation trying to decide elections in Tunica County.  The voters – not the police - get to decide elections.

Update on “open budget” issue

Just a quick note to let everyone know that it appears the County Administrator will no longer be speaking at the event in Washington, DC next week.  The link which had showed the County Administrator as a speaker has been disabled and the agenda shows a replacement has been lined up.  Given the problems Tunica County faces, it is hard to think the County Administrator would want to be out of the office that much.  Commuting back and forth to Jackson is hard enough. 

 

We do understand the County Administrator will make an appearance in the Town of Tunica Municipal Court on Monday, November 2, 2015.  Court is at 9:30 – the citizens (and Supervisors) might want to attend to hear the allegations and testimony relating to the alleged criminal behavior of the person responsible for running County Government in Tunica.  We are not 100% on the date and time so you might want to call to verify this – 662-363-2400.

Is it “Trick-or-Treat”? Or, maybe “Treat-then-Trick”

On August 3, the County Administrator presented his budget to the Board of Supervisors. While there seems to be much discussion about whether copies were available to the public, a copy of the presented budget was included in the minutes.


On September 28, the Board of Supervisors approved the final budget. With Halloween on the way we are used to hearing, “Trick-or-Treat.” With the County budget, it seems to be “Treat-then-Trick.” The August 3 draft budget shows that there will not be a road tax levied. What a treat!


BUT, hold on – here’s the “Trick” - the September 28 budget includes $2,100,000 of road taxes!


Also, in August the County Administrator thought the Road Fund would carry over $1,500,000 into the next fiscal year. By September, the carryover was down to only $865,000. Where did almost $700,000 go in a month? The September 30, 2011 audit showed the prior Board gave the current Board of Supervisors a Road Fund with a balance of over $5,800,000. The current Board will only carry forward $800,000 or so!


Where has the $5,000,000 gone? An audit sure would be nice to have.

WHO IS BENEFITTING FROM THE “OPEN BUDGET?” THE COUNTY ADMINISTRATOR?

WHO IS BENEFITTING FROM THE “OPEN BUDGET?”  THE COUNTY ADMINISTRATOR?

               There has been much talk about the “transparency” of the County because the County Administrator has put the budget online here at http://budget.tunicacountyms.com  Unless you are an expert, it is very difficult to understand the online budget.  Account codes are used rather than simple, easy-to-understand names.  Why not put “Recreation Department” rather than “000-000-000”? 

Rumors have been circulating around the county administrator’s office of certain key employees receiving raises because “it’s in the budget”.  If the on-line budget was truly transparent, wouldn’t it list the names of all County employees and their salaries – especially those who will be getting raises? 

In reviewing the “online” budget, where are the names of the County employees and their salaries?  Where does it indicate that anyone will get a raise?  It just does not seem to tell us anything. 

               Who does benefit?  SOCRATA, the company that provides the platform for the on-line budget is hosting a Customer Summit in Washington, DC next week October 25-28.  In looking online, guess who will be speaking for 20 minutes on the subject GAMING, GREED & GOVERNMENT?  Why not just look yourself – http://customer-summit.socrata.com/speakers/michael-thompson-cpacff/

               Who is paying for Mr. Thompson to travel to this event?  Will he be on vacation or does he plan to include this as paid time from work?  Has the Board of Supervisors approved this travel?  Should the taxpayers have to pay for travel for an employee to speak this event?

               While there seem to be no shortage of issues to try and address here, please comment below or email us here at tunicaforjobs@gmail.com. 

County Loses AGAIN! - Burnett was right to vote against the budget & tax increase!

County loses to School & Town - Now, who is going to pay?

Who is going to pay?  The current Board of Supervisors or the Tunica County Tax Payer?

 

On July 4, 2015, Judge Lackey ruled in favor of the Town of Tunica and the Tunica County School District as it relates to the distribution of gaming tax dollars in Tunica County.  As a part of this ruling, Judge Lackey wrote –

 

“Tunica County, Mississippi should be assessed with all attorney fees for which the Town of Tunica and the Tunica County Schools are liable as a result of this cause.  Tunica County, Mississippi should be assessed with interest at the highest legal rate on the sums which have not been properly paid to the Town of Tunica and the Tunica County School District as directed by House Bill 1002.  Tunica County, Mississippi should be assessed with all costs of this proceeding.”

 

The current Board of Supervisors voted to not follow the law when they decided to stop paying the Town and School district.  While under appeal, the County will eventually have to pay them back.  Who knows if the county has the over $4 million it currently owes in money that it did not disburse and presumably spent.  But the real question should be – Who is going to pay the interest and all costs of the proceeding? 

 

The current Board of Supervisors have already raised property taxes by 386% in less than 4 years.  Should the taxpayers of Tunica County be held accountable for their irresponsible decision to not follow House Bill 1002 or, should the individual current Board members be held financially responsible for this action?

 

What are your thoughts?  Who should pay the highest interest allowed and all costs of this misguided and unlawful decision? 

What's the deal with Tunica County's audit for 2014?

What is the deal with Tunica County’s audit?  Has anyone been able to get a copy of the audit for the fiscal year ended September 30, 2014?  (That is not a typo – 2014! – most counties are working on this year’s audit – not still worrying about last year’s audit.)  Links to the audits for 2011, 2012 and 2013 are contained below.  No audit has been posted by the State Auditor since Michael Thompson took over as Tunica County Administrator.  That should be troubling to most taxpayers.  Looking at the audits that are available (2012 & 2013) along with the approved budgets that are available (2014 & 2015), it appears that the current Board has voted to spend over $100,000,000!  We need true transparency about where this money has gone. 

The 2011 audit shows the County General Fund had over $11,000,000 of total assets and the Road Fund had over $6,000,000 of total assets.  Looking at 2013’s audit (after the current Board had been in office for about 2 years) – the General Fund was down by about $4,500,000 and the Road Fund was down over 50% to under $3,000,000.  Where did this $7,500,000 go?  The last official audited numbers are over 2 years old – is that acceptable in the “age of technology?”  Shouldn’t we be asking why there is not a current audit?  Is Williams, Pitts & Beard the problem?  Or, are the County Administrator and his staff not providing Williams, Pitts & Beard accurate information?

 

http://www.osa.ms.gov/documents/counties/2011/11ctunic-cpa.pdf

 

http://www.osa.ms.gov/documents/counties/2012/12ctunic-cpa.pdf

 

http://www.osa.ms.gov/documents/counties/2013/13cTunica%20County-cpa.pdf

Tunica County Administrator

What is the deal with Tunica County Administrator Michael Thompson?


http://www.tunicatimes.com/