The Hinds County Board of Supervisors again rejected a motion by District 4 Supervisor Phil Fisher to accept competitive bids for a mosquito spraying contract last Monday. Board attorney Tony Gaylor attempted to claim the contract is a professional service and can avoid state bidding requirements. Mr. Gaylor said he would seek an opinion from the attorney general.
Mr. Fisher strongly disagreed with Mr. Gaylor and read out loud Section 19-3-69 of the Mississippi Code. It states:
SEC. 19-3-69. Authority to contract for professional services.
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.
A professional within the meaning of this section shall be limited to:
(a) Attorneys at law, admitted to practice law in this state by the State Board of Bar Admissions;
(b) Accountants, certified by the State Board of Public Accountancy;
(c) Architects, licensed by the State Board of Architecture;
(d) Engineers and Land Surveyors, registered by the State Board of Registration for Professional Engineers and Land Surveyors;
(e) Physicians, licensed by the State Board of Medical Licensure;
(f) Appraisers, licensed by the Mississippi Real Estate Commission or as otherwise provided by law;
(g) Real estate brokers, licensed by the Mississippi Real Estate Commission;
(h) In the sale of personal property pursuant to the provisions of Section 19-7-5, auctioneers who meet standards established by the State Department of Audit.
Mr. Gaylor claimed at a previous meeting the contract is a professional service since a state license is required. Mr. Fisher took strong exception and argued it should be submitted to the bidding process. He placed a framed copy of the statute in front of him and in Mr. Gaylor's line of sight for the rest of the meeting. The motion failed on a 2-2 vote. Mr. Gaylor said there were other sections of the code "in conflict" with this section and he would seek an opinion from the Attorney General for clarification.
Kingfish note: Word on the street is Stokes and Graham want to give the contract to Hawthorn. Is there anything these guys don't try to give to their friends regardless of the cost or what the law says?
35 comments:
Obviously, Mr. Gaylor has a problem with reading comprehension beyond a 3rd grade level. There may not be a clearer section of code in the entire MS Code.
Hathorn has had the spraying business before....
I would like a citation for the code that is in conflict Mr. Gaylor.
Graham and Stokes will spin anything, no matter how criminal or ridiculous, so that they will get their way as usual. They are now, and always have somehow been, above the laws that every other person in this state has to follow. The more they get by with, the bolder they get. There are two people to blame for their being allowed to continue. I wish that I could have a 5 minute conversation with them both. I pray that one day they will do the job that they were elected to do and protect the citizens of Hinds County.
They'll let nearly anybody into the Mississippi BAR.
*** Hinds County ... Home to Mississippi's #1 Police Officer Impersonating Supervisor ... #1 Laughing Stock County of Mississippi ... and A World of Difference! ***
HOW DOES FISHER MAINTAIN HIS SANITY, HAVING TO DEAL WITH THESE IDIOTS?
2-2 tie vote. What? Nobody bothered to prop up Anderson so he could phone in his vote. 3 grunts for yes or 2 grunts for no. Or was the battery on his Capt. Pike chair dead that day. Green light for yes or red light for no.
Another 2-2 vote? Man, Anderson just will not show up to even grunt his vote, will he?
Where is the State Auditor? Please do your job & save us from these idiots!!
The HCBOS is, at best, incompetent. Tony Gaylor is not. Mississippi Code Section 69-15-1 says that pest control is a professional service.
"Professional services are defined as follows:
(a) Entomological work. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent. Receiving fees for actual spraying, dusting, fumigating or any other methods used for the control or eradication of any insect pest or rodent."
Sounds like clarity from the AG might be in order. Of course, some people might prefer ad hominem attacks
I think the bug spray job must be going to one of 'tokes good buddies.. remember, "all black" or not at all! I wonder if 'tokes is stupid enough to think skeeters only bite cackers!!!! lol...
The real question here is NOT 'what does the statute say?' and it is NOT 'what are we required by law to do'. The real question here is why would a board of supervisors NOT want to seek bids in order to more wisely spend money?
It is NOT ad hominem to point out that more often than not, this group asks themselves "What can we get away with?" rather than "What makes good business sense?".
HEre is what the law says:
"§ 69-19-5. Definitions
Professional services are defined as follows:
(a) Entomological work. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent. Receiving fees for actual spraying, dusting, fumigating or any other methods used for the control or eradication of any insect pest or rodent. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition."
HOWEVER, it is part of the law giving the Commissioner of Agriculture the power to regulate this industry. THere is NOTHING in this statute that says if in conflict with another section, this one prevails as happens in other cases (urban renewal bonds for example). The law you cite is merely part of one stating the commissioner can regulate them and defines what is a professional service to be regulated by the state, not what is a professional service to be used to avoid bidding by a county or city.
KF - I think you're right on bidding statute regarding professional services, but there is enough here to ask for an AG's opinion, especially where state law gives the Dept. of Agriculture the power to regulate certain professional services.
5:50 - You're right, and I think at the 3:00 mark Mr. Gaylor reminded the board that they, of course, could do that. I agree that the question you pose is not ad hominem, but do you believe the comments at 3:15, 4:09, 4:44, 4:58, and 9:12 are not?
Rankin County issued their annual notice for 2013 mosquito control competitive bids on February 27th but what the hell do they know.
Another dumb county who didn't contact Tony Gaylor first.
Of course it is presented as fact to the low information voters in the black community that mosquito abatement doesn't require competitive bidding:
Tommy F. Hathorn, owner of Hathorn’s Pest Control in Jackson, MS, articulated the urgency for mosquito abatement, due to unusually warm temperatures, to the Hinds County Board of Supervisors at Monday’s meeting. “We’ve had a very mild winter and a warmer than usual spring. I urge you to act now to ward off a potential outbreak of West Nile that could result in loss of life,” he said.
~~ [snip] ~~
Supervisor Kenneth I. Stokes had hoped the board would secure the services of Hathorn’s Pest Control since mosquito abatement does not have to be bidded out, although Supervisor Phil Fisher asked the board to impose the bid requirement.
... but do you believe the comments at 3:15, 4:09, 4:44, 4:58, and 9:12 are not?
No, they are not.
Why is Gaylor trying to hide behind Hood's skirt if he is so competent and sure about his reading of the law?
KF, I thank God that you are a seeker of the truth, whatever that may be, and that you keep us all informed of the crimes that are committed against us.
Also, I am thankful that there is a least one voice for reason and proper conduct on the Hinds County BOS. At least we have one voice standing up for us in a sea of arrogance, stupidity, and greed. Thanks Supervisor Fisher!
Its easy to manipulate AG opinions if you know how to word the question right.
Then, of course, because Hinds County wasn't employing in 2009 a legal mind like Tony Gaylor the county stupidly put mosquito abatement out to bid.
Hinds County ... Doing Business a New Way ... by Doing Business Lt. Graham's Way!
Doesn't Malachi do mosquito abatement?
Awwww, come on guys!!! Give the contract to Airwaves so they can work off those back taxes faster.
The HCBOS is, at best, incompetent. Tony Gaylor is not. Mississippi Code Section 69-15-1 says that pest control is a professional service.
SEC. 69-15-1. Repealed.
is 9:52 getting closer to asking the money qwerstion?
Could it be Mosquito Control bonds coming soon?
Better be hiring someone to stop the lies and find out where the money has went to.
Hawthorn Past currently has this contract and did last Summer as well.
Hawthorn currently has this contract and dis last Summer as well.
Why can't someone with the vol. fire department do the skeeter spraying. Thats how it works in Madison County.
At this moment (9:20 am) there are NINE Hinds County Sheriff's Deputy cars parked outside a house on Forest Lake Place in Madison County. No lights, no sirens, deputies standing around talking and laughing, nothing to suggest they were in hot pursuit of someone fleeing Hinds County.
Any Hinds County taxpayers curious about how their tax dollars are being used? They are all in uniform.
Never mind. Funeral procession.
Nine patrol cars is some serious funeralizin'..........
IIRC there was a sign on the lawn there a few months back celebrating someone's 100th birthday. I'm guessing someone in the family is/was in the sheriff's dept, and this was a lovely supportive display by co-workers.
Not everything on JJ has to be negative, you know :-)
Still; what law enforcement of this small size can afford (for the sake of public safety) for NINE patrol cars to be at a non-business event. Would someone guess what percentage that is of the shift's total?
Just an allegation. A picture would have been nice.
Not everything on JJ has to be negative, you know :-)<
Everything @ JJ isn't negative so what is your point?
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