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?
Again I say if the board acted illegally they (the ones that voted yes to the illegal act) should be held accountable. Each one is bonded for just this reason. I say everyone call e-mail the attorney generals office ask for a complete audit of our county. ASK THAT HE STEP UP AND HOLD THEIR BONDING COMPANIES ACCOUNTABLE FOR THEIR ILLEGAL ACT. We the people should not be held accountable for illegal acts. That would mean we are placed in double jeopardy if we have to pay for this blunder twice.Bottom line.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteWe need Answers and most of all We must find the Souloutions for this What Seem to be Never Ending
ReplyDeleteCycle that we find Ourselves Now in. ( We the Tax
Payers, Will Pay for it all ■ from the Money that We
Have not
We need Answers and most of all We must find the Souloutions for this What Seem to be Never Ending
ReplyDeleteCycle that we find Ourselves Now in. ( We the Tax
Payers, Will Pay for it all ■ from the Money that We
Have not
Please fill out your Blogger Profile so that the public knows who is writing these posts. On the Transparency Blog, the public can see my profile. We would like to see yours also. Also, Jack Moss is not the real name of anyone who lives in Tunica County. We checked with the Post Office before deleting his comments from the Transparency Blog. Let's see how quickly my comments are deleted from this Blog.
ReplyDeletePlease fill out your Blogger Profile so that the public knows who is writing these posts. On the Transparency Blog, the public can see my profile. We would like to see yours also. Also, Jack Moss is not the real name of anyone who lives in Tunica County. We checked with the Post Office before deleting his comments from the Transparency Blog. Let's see how quickly my comments are deleted from this Blog.
ReplyDeleteYou deleted his post because he disagreed with your rant...why are names so important to you unless you wanted to try to dig up some dirt and tattle about it... Stick to the issue and if something is not right show the proof Babs...
ReplyDeleteAnother reply deleted.
DeleteTuesday. Will tell us yet So much about Our County.
ReplyDeleteWe the Voters have then another Opportunity for the
Changes that We so Patiently hope that will Come.
If Not, the Ranting and the Struggles they Will then
Continue for another long Awaited 4yrs.
That for Our Communities will not be anything nice.
No Community of People deserves Representation
That is Not with the General Interest of the People
And their Well being. (We need Community Servant's With their main focus is on the People Who Put their
Trust in them to Serve and to Find Ways of Bringing
Us out from Poverty, Offer means of Better Educating
Our Children, With the help Preparing them and Their
Future Careers.
Etc . . .
TO THE OWNER OF THIS BLOG... I apologize for straying off subject of the post and will never do this again after this post..arguing with some people brings you down to their level.. But I would like everyone to know what REALLY happened. I must have really hit a nerve for someone to contact the post office to see where I live. Was it all 3 Post Offices in the county? I find it interesting and am forwarding your comment to the USPS Inspectors office as according to the UNITED STATES POSTAL SERVICE HANDBOOK
ReplyDeleteDisclosing Customer, Employee, or Other Individuals’ Information to Third Parties.
Information about a customer, employee, or other individuals cannot be released to another person, including a spouse, except as allowed under law, without written consent of the individual.
As for deleting my comments on her blog, yes she did. When I posted "to steal from Roy D Mercer, you are more windy than a sack full of farts." The comment was deleted and I was accused by her of using profanity as the reason. If the word fart is profanity Lord help us.
Mr Thomas that was a great post above and I wholeheartly agree with what you say. I hope you will continue to post.
Go arrange some flowers. "Jack". :-)
ReplyDelete