The Madison County Board of Supervisors voted unanimously on March 19 to retain Strategic Marketing Group for marketing and public relations services. Republican political operative Heath Hall owns Strategic Marketing Group. The contract is for one year and pays Mr. Hall $2,500 per month. There were no requests for proposals from other companies. Page 10 of the minutes
The contract states Mr. Hall will implement a "public relations/branding plan for Madison County". The duties will include writing press releases, creating an online newsletter, creating a new website, and creating print ads. It even authorizes him to perform the same duties for the Sheriff's office and authorizes the Sheriff to pay Strategic Marketing Group for services rendered. Board President John Bell Crosby told this correspondent yesterday the purpose was to have someone to promote Madison County. He said Mr. Hall had done work for Supervisor Gerald Steen in the past. Mr. Crosby stated the Board felt there was a need for conveying positive news about Madison County without relying on the media. The April claims docket states (Item #2555) the county paid SMG $2500.
Editorial comment: That was the news, now for the opinion. There is one question that needs to be asked of this contract: Did it violate the law? Section 19-3-69 of the Mississippi Code states
"The board of supervisors of each county may, in its discretion, contract with certain professionals when the board determines that such professional services are necessary and in the best interest of the county.
The board of supervisors shall spread upon its minutes its finding that the professional services are necessary and in the best interest of the county. The contract for professional services shall be approved by the attorney for the board of supervisors and made a part of the minutes."
The professional must be either an attorney, doctor, realtor, CPA, architect, surveyor, appraiser,auctioneer, or engineer. The law states " A professional within the meaning of this section shall be limited to.." The board can thus hire these individuals without requesting competitive bids for the service sought. The individual obtaining the no-bid contract must possess a valid state license for one of those professions. Mr. Hall does not possess any such license. When last seen, he was the communications director at the Mississippi Technology Alliance for $140,000 per year.
The Board may use Section 19-3-40 of the code to justify this hiring: "(1) The board of supervisors of any county shall have the power to adopt any orders, resolutions or ordinances with respect to county affairs, property and finances, for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi;"
There is even an AG opinion from 1991 (Meadows) citing this section in justifying a county hiring a financial advisor. However, the Legislature could have broadened the definition of professional services but chose not to do so and instead limited them to nine classes of professional service contracts. If Section 40 prevails, then there is no use for Section 69, thus the legislature meant for Section 69 to control on issues such as this one. The Mississippi Supreme Court weighed in on the matter of bids in a case involving telephone service for county offices.
Telecom System vs Lauderdale County Board of Supervisors (405 So. 2d 119; 1981 Miss. LEXIS 2224), states service contracts not listed in the statute must be submitted to the bidding process. A vendor sued the Board because it awarded a phone service contract to South Central Bell without advertising for competitive bids. The court created an exception for South Central Bell since it was a public utility. It said the Public Service Commission set its rates and had access to its financial statements. The consumer's interest was protected as it was subject to a higher level of scrutiny than most vendors. Case However, the court declined to expand this exception. The court justified its ruling:
"The Board of Supervisors, in its discretion, decided to subscribe for telephone service from South Central Bell, a regulated public utility rather than purchase its own equipment or lease equipment from an independent [**10] supplier to be connected to South Central Bell's telephone network. This it had every right to do. However, had the Board chosen to purchase or lease equipment from an independent, unregulated equipment supplier, the contract would then be required to be let on competitive bids under the public bid laws of Mississippi because the protection afforded to the public by regulation of South Central Bell would then be absent. The public is protected in either event because if a public body subscribes for service from a regulated public utility, the public is protected by regulation. If the public body determines to purchase or lease its own equipment, the public would be protected by competitive bids.
We therefore follow the weight of authority and hold that the public utility service contract in this case is not within the intendment of statutory public bid requirements. The absence of competitive bidding in this case did not provide an opportunity for fraud or favoritism. South Central Bell, as a public utility, is subject to state regulation and is only permitted to charge rates that have been fixed and determined according to tariffs which it has been required to file with the [**11] Mississippi Public Service Commission. The Board was entitled to subscribe for telephone services with South Central Bell, a regulated public utility, without first receiving public bids on the telephone equipment to be used in the Lauderdale County Courthouse." (405 So. 2d 119. The case has not been overturned but has been cited twice in later cases by the Mississippi Supreme Court.)
Fraud or favoritism is what the court said as it made clear it considers competitive bidding to be a wall protecting taxpayers from sweetheart deals. Since this particular contract was not open for competitive bidding, it is unknown if Madison County taxpayers could have gotten a lower price or more services for the contract price. Contracts such as this one should serve the public's interest, not help well-connected vendors get a paycheck on the taxpayer dime. The contract should be canceled and opened up for competitive bidding. There is one simple solution: Make Mr. Hall a county employee. Then the whole question is moot.
*To the lawyers: The Court adopted this ALR annotation:
"The purpose of provisions requiring that contracts with public authorities be let only after competitive bidding are to secure economy in the construction of public works and the expenditures of public funds for materials and supplies needed by public bodies; to protect the public from collusive contracts; to prevent favoritism, fraud, extravagance, and improvidence in the procurement of these things for the use of the state and its local self-governing subdivisions; and to promote actual, honest, and effective competition to the end that each proposal or bid received and considered for the construction of a public improvement, the supplying of materials for public use, etc., may be in competition with all other bids upon the same basis, so that all such public contracts may be secured at the lowest cost to taxpayers.
. . .
While a statutory provision may specifically except contracts with a public utility from a general statutory requirement that public contracts be awarded only after public advertising for bids, the courts are generally called upon to determine whether statutes or other enactments requiring competitive bidding for public contracts permit an exception for contracts with public utilities. It appears that a substantial majority of the courts that have considered the question have held or recognized, either expressly or impliedly, that a contract between a public body and a public utility for the furnishing of public utility service is not ordinarily to be considered as falling within the purview or intendment of a statute, ordinance, or other enactment requiring that public contracts shall only be let upon the basis of competitive bidding."
Wednesday, May 9, 2012
Madison County hires a Spin Whiz. Is it legal?
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36 comments:
Of course it's legal. Unlike some states, Mississippi does not have a State Auditor to police these things.
Madison County needs a "brand"? Print ads? Are we that bad off?
Now, if I could just get pro bono hours for filing a complaint to set this b.s. aside ...
Hall is still listed on the roster over at the MTA Employment Agency.
No doubt an illegal contract.
The hidden hands of Taggart and Harrington at play.
Do some digging KF because I believe Michael Guest is also a client.
Leave it to JBC to avoid sharing that Heath Hall was **actively** involved in Steen's campaign for Supervisor. Bottom line, this is a no-bid good ol' boys political payback contract. Crosby just handed MHB yet another stick to pummel him with next year.
8:52, who cares if Michael Guest uses Mr. Hall's services? Doesn't the Guest campaign pay for those services with campaign funds (not public money)?
I think the question Curt is has the DA hired Hall to do PR for the DA's office. How would it be any different than the placing of psuedo name-recognition radio ads with the Supertalkers? Just because you might not care doesn't mean other taxpayers shouldn't.
hang on, did you say $140,000? And there's how many others on that roster of MTA staff? ooof
10:20, again, if he is using campaign funds--not public funds--to pay for those services, then it doesn't involve the taxpayers' money.
And again, if there's no expenditure of public funds, who cares?
If? If? If? Do you know Crowley?
IF IF IF the MadCo Sups deal is any indicator -- replete with their preapproval for Tucker to jump right into the 19-3-69 illegal fun -- the odds are that Guest is paying outta public funds.
Hall ain't featuring Candidate Guest as a client, he's featuring the DA for the Twentieth as the client.
Nobody cares Crowley whether or not you care.
And just totally OT, nothing at JJ about Jeff Weill asking the MSSC to get Tomie Green's hands off his docket?
Mr. Crowley; you're a man of many buts and ifs. Do you have certain knowledge of what funds are being used to pay for the contract or are you just guessing? My assumption is he's using D.A. budget funds, which is public money. Did you really intend to suggest 'who cares'?
Let me see Anderson, I got up at 5 this morning. Wrote and posted the Madison County post. Then had to be at WJNT for the 8-9 show. Left there an hour after the show. Instead of lunch I swam laps. Now I am uploading all these Hinds County videos from Monday and writing a post so I can supplement Ruth Ingram's good story in today's CL.
In other words Anderson, get lost.
Lighten up, KF. I was just curious.
Nobody's telling you what to post on your blog, and I certainly agree with putting original work ahead of reporting.
Having a readership clamoring for expertise and unique content from the only outlet in all the metro where they can expect to find it is not a bad thing.
Regardless of ideological differences Anderson has always been a loyal reader and active participant. Such comments are compliments not criticism.
I'm curious about Weill and the MSC, too, and figured we hadn't heard the last from Judge Green on that topic.
Also interested in the antics of the HCBS. Video is always fun.
And Madison County is usually good for a laugh.
My only question is what's up with Rankin? They must feel left out...
1:35, I don't have to prove anything. I'm not the one who made the allegation. If you got proof Mr. Guest has done something improper, fine. Let's have it. If not, shut up. Otherwise, you're just some anonymous asshole coward getting his jollies by doing drive-bys on someone's reputation.
If you don't like it Crowley lump it. By the way, don't give a shit what you think or care. Resuscitate your own moribund effort. I'm not the one with my head buried up Guest's ass. Hmmmm.
8:49, you are a coward, pure and simple. It takes an especially gutless breed of weasel to make anonymous unsubstantiated allegations against another person. The least you could do is have the decency to attach your name to your bullshit.
Either you got the proof or you don't. What say you, oh yellow one?
What happened to Steve the trained Seale, I thought he had been their boy?
This is ludicrous! Is this the same guy who was Geralds Steens campaign manager?? This sure looks like a payback to me!!! Do you have no shame,Gerald Steen? The only reason we need someone to help with Madisons Countys image is because our supervisors are so rotten and give us a bad reputation!!
Considering some of the dogshit you post Curt Crowley you should seriously consider going anonymous.
Yes, Heath Hall was/is Gerald Steen's Campaign Manager; and rumors are that he is the hired brains to guide John Bell Crosby's attempted defeat of Madison Mayor Mary Hawkins-Butler in May 2013... Looks like creative way to have taxpayers finance political campaigns!
5:11 phuck off. Crowley ROCKS.
Not a single solitary disbursement to Hall and/or the Strategic Marketing Group on ANY of Politico Guest's campaign finance reports all the way back to 2006.
Politican Guest has paid over $100,000 to KF's favs Frontier Stratgies over that time.
GFY Crowley. The idiot with the dick in his hand and NO PROOF is you.
First of all what the heck? The more I read this, the more I got upset and the more I think most of the Madison County citizens would be upset.
I have heard of Boards of Supervisors doing this in the past for County image and do not have a problem with that if it is used properly, but what got me was the Sheriff's office.
Sheriff Trowbridge in the past did all of his own public appearances and speaking engagements. Why in the heck does Tucker need a public relations consultant. Waste of Taxpayer money plain and simple. I know he does not sound very good on tv, but as a taxpayer, I do not want to flip the bill to polish his image. He can use his campaign dollars for that.
Taxpayer monies should be used for public protection plain and simple not to fund his image for the next election.
In a time we have budget shortfalls and a growing crime problem, that type of money could fund another officer or bullet proof vests.
Nice article on Green v Weill in today's Northside Sun.
Are you back again, nameless, faceless coward?
Again, I don't have to prove anything. I'm not the one making the allegations against Mr. Guest. You are.
You know, blogger has some very lovely new free page designs in various shades of yellow if you would like to make your own blog.
Bottom line Crowley is you don't have a clue how Guest is paying Hall. You surmised Guest is using campaign funds and he isn't. Your big tough man trip is a hoot. Keep it up!
Whatever you say, coward.
9:43: Why don't you quit lying?
Here are the reports for June and July last year: Reports
He hardly reports ANY receipts and ANY disbursements. $30K worth of disbursements, only reports $20k. If you look at his alderman reports, he hardly itemizes anything so you hardly know where he gets his money from and what he spends it on. Period.
Two reports. You are looking at two reports? ROFLMAO
LOOK AT ALL of his DA of the 20th reports Kingfish back to 2006. Pull your head out:
Not a single solitary disbursement to Hall and/or the Strategic Marketing Group on ANY of Politico Guest's campaign finance reports all the way back to 2006.
Can't you read Crowley's gibberish between his self-gropes?
9:43: Why don't you quit lying?
Why don't you stop being ignorant and dense?
So if Mr. Steen doesn't report or itemize 1/3-1/2 of his disbursements that means he didn't hire the group? can you prove he didn't based off of such incomplete reports?
As for using only two reports, I have the others. I'll give you a clue: Look up the word "cumulative" or go to Hot for Words. I bet she defined it at some point. If you knew anything about campaign finance reports you would know that they also report the cumulative amounts spent on each party receiving a disbursement for the year.
Steen? Where have you been? Talking about Michael Guest's using taxpayer dollars to hire Hall to do the same things the Madison BOS is trying to do.
I've forgotten more about campaign finance Kingfish than you've ever known. GET OVER YOURSELF.
One hour a week tossing softballs and grapefruits on the radio doesn't make you an expert about diddly squat.
"I've forgotten more about campaign finance Kingfish than you've ever known. GET OVER YOURSELF."
The anonymous coward appears to be quite full of himself, or full of s--t, or both.
Whatever. If you know campaign finance so well, then you know how the game works. You hire someone like Maggie Clark or a similar company to be the "consultant" for the campaign. The money is paid to the consultant who then funnels it to the cronies and subs so it never appears on a campaign finance report. You know damn good and well that is how its done.
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