Jackson Jambalaya

Just a hunk of burning um, love:

This PERS "fact sheet" is circulating around the capital. It has no name on it and no one knows where it originated. The Clarion-Ledger made mention of it Sunday but frankly, the so-called fact sheet is very skimpy and will present no new information to regular readers of this website. Here it is.

The Madison County Board of Supervisors just voted 3-2 to increase property taxes by 2 mills in county, 1/2 mill countywide. Supervisor Gerald Steen made the motion, Supervisor Karl Banks seconded it, and Supervisor Paul Griffin voted with them for the motion. Supervisors Ronnie Lott and John Bell Crosby voted against it. Looks like Mr. Steen is the new Tim Johnson or Ronnie Chappell. Enjoy it. You guys voted for this last year.

By the way...., did I mention the board also approved a 3% across the board pay raise for county employees? They really tightened up that budget, didn't they? Suckers.

Update: Supervisor Lott held up this sign tonight. Now that's what I'm talking about.

Hinds County Board of Supervisors reversed themselves 3-2 and restored $2.5 million in budget cuts for the Hinds County Sheriff's Office. Doug Anderson switched his vote to side with Peggy Hobson-Calhoun and Robert Graham.

Politicians. Predictable as always and the Madison County Board of Supervisors are no different in that respect. You know the formula. Spend, spend, spend. Give sweet deals to the friends. Smear anyone who questions the divine right of spending. Then if the budget blows up, no problem, raise taxes on the sheep who put you in office. What a country.

The supes followed this formula to a "t". The Madison County Board of Supervisors blew money for years and now seeks to raise property taxes on homeowners by 4.46 mills. No sacrifice will be asked of their friends. No contracts will be terminated. Forget there is a recession and the economy is stalled. Taking responsibility? Please. Its easier just to tax the people some more.

The county faces a $1.6 million deficit. Its no surprise there is a deficit. The supervisors over the last few years wasted a $50 million bond issue that resembled an Obama stimulus package: long on spending and benefits for the chosen few and short on results. Then there is the average $25,000 per month paid to the board attorney in fees. County needs some good PR so it decided to pay $30,000 a year this year to a PR specialist who just happened to help run a supervisor's campaign. Oh yeah, money's getting tight. Lets get some money from the legislature. We going to need a lobbyist. Presto. $72,000 a year to Butler Snow. Who needs to bid these contracts out to see if there is a better price? Its just the taxpayers money. Supervisor Ronnie Lott asked county officials to find areas to cut spending. Here you go Mr. Lott. Nice sweet contracts your board has awarded to its buddies over the last few years begging to be cut. You do want to cut spending, don't you?

Then there is the elephant in the room: the Parkway South and Parkway East projects. They are a perfect example of why this website fought the Convention Center Hotel, Old Capitol Green, and the Farish Street projects. Economic development. We all love it. Nice buildings. More jobs. Tax revenues. We see Renaissance and the King Edward and say "wow, look at that!" However, there is a seamy underside to such deals: they CAN fail and if they do, its the taxpayers that are on the hook as Madison County homeowners are discovering to their chagrin.

The parkway projects were an idea by developers to build another Highland Colony Parkway on a road next to I-55 from Madison to Gluckstadt. Never mind Highland Colony and Highway 51 are not completely developed. You know the drill. Fancy drawings. Pie in the sky projections. Jobs. Tax revenue. Shiny buildings. The co-signing of the loan by the county so the developers can sell bonds to finance the project. Ah yes, the co-signing of the loan. A case of either the developers couldn't get private financing or they wanted a way to stick the county with the bill in case things didn't work out for the project. No problem. They got the Godfather of Madison County for their attorney just in case any wheels needed greasing. $27 million in bonds were sold for the Parkway East Public Improvement District and another $10 million for Parkway South in the mid-2000s.

The PID was supposed to make the bond payments with special assessments collected annually from landowners in the district (See map below). However, many quit paying the assessments and the PID ran short of funds to pay the bondholders. The PID's defaulted and the county is forced to make bond payments and will likely continue to do so for two years under the term of a contribution agreement it signed with the PID when the bonds were sold. The bond schedules state the following payments are due over the next few years*:

Parkway East:
May 1, 2012: $534,030 (Interest), $880,000 (principal)
November 1, 2012: $528,410 (interest)
May 1, 2013: $518,410 (interest), $910,000 (principal)
November 1, 2013: $501,803 (interest)
May 1, 2014: $501,803 (interest), $940,000 (principal)
November 1, 2014: $484,178 (interest)

Total due in 2012: $1,942,410
Total due in 2013: $1,930,213
Total due in 2014: $1,925,981

Parkway South:
May 1, 2012: $400,000 (principal), $194,987 (interest)
November 1, 2012: $201,900 (interest)
May 1, 2013: $450,000 (principal), $186,887 (interest)
November 1, 2013: $177,550 (interest)
May 1, 2014: $500,000 (principal), $177,550 (interest)
November 1, 2014: $166,800 (interest)

Total due in 2012: $796,887
Total due in 2013: $814,437
Total due in 2014: $394,250

Don't worry, this is a great deal for taxpayers. How do we know? John Bell Crosby and Bob Montgomery told us so after the PID came to the county for help. The Madison County Journal reported in April:

"In the long-term we feel it will help (the parkway) the whole county," Crosby said. "It's a great strip of property and has very great potential to bring in businesses anywhere from the south end to the north end of the industrial park. It's in the county's best interest to make it work or help it work."

Bob Montgomery, Parkway East's counsel said he was happy to work with the board.

"We're impressed by their cooperation," Montgomery said. "They have the benefit of a $20 million road given to them without compensation. They're making a good investment to keep it viable."

In 2004, a $20 million loan was taken out to construct the road. The loan was backed by the county in an agreement with the PID. Since its construction, the road has sat dormant with little development taking place."

Nothing like a Bob Montgomery special. Build a road, develop nothing, and then stick it to the taxpayers. Of course, the board president thinks this is a great deal. He said so. Wonder if he will show off this empty road to nowhere in his campaign commercials net year? "Hi, I want to do for the city what I did for the county. Look at this." They should work for Debbie Wasserman-Schultz.

However, back to the taxes. There is no reason the board should be raising taxes. None. However, it is hard to feel sorry for Madison County taxpayers. None of these contracts were made in secret. The deals made with Parkway East and South were out there for everyone to see. The problem is no one bothered to pay attention. Who can blame the supervisors for thinking they could get away with a tax increase after pulling all of their financial shenanigans. Madison County taxpayers were warned for the last several years by this website, the media, and even the Mayor of Madison about the financial mismanagement taking place in Canton. Didn't matter. It was boring. It was just politics.

Madison County voters even kicked off the board the one supervisor who tried to stand up for the taxpayers. His replacement now says this is not really a tax increase but they have to call it one although its really a fee increase, you understand (Yes, that was written intentionally in a confusing manner.). Then when the votes were counted last August, the board discovered the voters gave them a green light to do whatever they wanted. Why shouldn't they spend, spend spend? They were told it was ok to do so. If taxes do indeed go up in Madison County, the taxpayers have no one to blame but themselves. Maybe this will be their wake up call to start paying attention to what goes on in Canton but don't bet on it. They will gripe for two months and then go back to Facebook and football while the supervisors and their friends spend more money.

Meet the new boss......

TIF bond Task Force report, Parkway East default notice, Parkway East Audit 2011, Parkway East bond statement,


*The county has made the following payments:
May 11, 2012: $258,328 Parkway South
October 24, 2011: $374,021 Parkway East
April 25, 2012: $838,397 Parkway East

Here is an old video from World War II that was used to um, reinforce morale among the American public:

Here are a couple of photos from this weekend's gator hunt.

Jeff Weill and his crew killed one and the other one is a twelve-footer killed by the Womacks.

Karl Denninger dissects the jobs report at The Market Ticker and its not pretty:

"The reason the unemployment rate "edged down" is that 1.483 million people gave up and exited the workforce! The Department of Labor Lies doesn't count anyone who gives up any longer, so the "unemployment rate" is claimed to have decreased.

But what's worse is that there were a net 868,000 fewer people with jobs in August over July, despite there being 212,000 more people of working age in the population. That's right -- net-on-net over one million fewer people (adjusted for population change) were working last month.

If you were wondering why President Obama looked like an elephant had rammed him last night while he was on the podium and his usual "nose in the air" attitude was a bit more-subdued than usual, this is probably the reason.

Here's the charts..." Post

Local preachers are holding a press conference tomorrow about proposed budget cuts for the Hinds County Sheriff's Office and issued the following press release:

"Please refer to the attached for any more information call Pastor Terri Moore 601-750-8617 or refer to any of the pastors mentioned in the press release.

Sheriff Tyrone Lewis issued the following press release about proposed budget cuts for the Hinds County Sheriff's office by the Board of Supervisors:

Greetings Friends,

As I campaigned for sheriff of Hinds County, I made a promise to you, one that my staff and I have been working diligently to keep. That promise was to be very vigilant in our pursuit to fight crime and to make Hinds County a County where everyone feels safe. We all want Hinds County to be a county where business owners and investors brag about it and encourage others to do business in it.

I want you to know that becoming your sheriff was never about me, but about the citizens of this county and securing a safe future for us to grow and lead the way in being innovative within our great state of Mississippi. When I think about Law Enforcement for our county, I first think about the hard working men and women who sacrifice their lives and time to secure and fight crime but not earning enough to make ends meet. When I think of this county's economy I understand that in order for businesses and investors to feel safe, we must have the corporation of everyone in order for this county to be the great county it can be.

This vision and assignment I have for Hinds County as your Sheriff is under the threat of being cut by 2.5 million dollars. In 2012 with Cyber Crimes, Meth, Marijuana, Domestic Violence, House and Business Burglaries, and Violent crimes in its most advanced stages, our public safety budget has been cut. Without an adequate budget it becomes very difficult for me to fight for you without having a department fully staffed. As it stands now, with the cuts to our budget, I will be forced to lay off good hard working and certified employees, cut very valuable services this department provides for Hinds County and scale back on the success we have had fighting crime.

When I ran for Sheriff, I ran on the slogan that "Together We Can Do Better". I am asking for your support and most importantly your prayers for this county and its future with law enforcement. Together lets stand and fight for the hardworking employees of the Hinds County Sheriff's Department so that we may continue to fight crime. Join us in our efforts to make public safety a top priority.

We need your help in conveying a message to the Hinds County Board of Supervisors. That message is quite simple; it takes all of us working together to make Hinds County, the best county that it can be. Honestly we really do believe that "Together We Can Do Better".

Please find below contact information for the Hinds County Board of Supervisors. We know that you share our thoughts about public safety in this county and we ask that you convey those thoughts to them.

Supervisor Robert Graham, District I
rgraham@co.hinds.ms.us phone: 601-714-6279

Supervisor Doug Anderson, District II
danderson@co.hinds.ms.us phone: 601-973-5552

Supervisor Peggy Hopson Calhoun, District III
pcalhoun@co.hinds.ms.us phone: 601-968-6768

Supervisor Phil Fisher, District IV
pfisher@co.hinds.ms.us phone: 601-826-4006

Supervisor Kenneth Stokes, District V-Office
601.968.6795 Fax: 601.968.6794

Thank you for helping us with this and I look forward to a continued strong and healthy relationship in Hinds County as we work daily to move the county forward.

Sincerely,
Tyrone Lewis
Sheriff

From the Florabama last weekend. Enjoy.

Looks like the California legislature wants to run more businesses out of the state. The legislature just passed a law mandating private employers provide retirement plans for employees. The employees can opt out of the plan but the employer still has to offer it to employees. The Associated Press reports:

"Democratic lawmakers on Friday approved a bill that would create the nation's first state-run retirement program for private-sector workers over the objection of Republicans who said it creates a new liability for taxpayers.

The Senate sent SB1234 to Gov. Jerry Brown on a 25-13 vote just before the Legislature's midnight deadline. The Assembly approved the bill earlier in the day on a 44-24 vote.

Democratic supporters say the bill would establish the California Secure Choice Retirement Savings Program for nearly 7 million low-income workers whose private employers don't offer retirement plans.

According to the bill's author, Sen. Kevin de Leon, D-Los Angeles, the program directs employers to withhold 3 percent of their workers' pay unless the employee opts out of the savings program. It would be administered by a seven-member board chaired by the state treasurer.

Democrats said the program gives workers more savings options, particularly women working low-paying jobs. Supporters say it will not cost the state money because it will be backed by underwriters.

But Republicans said they have too many questions about the program and note that if the underwriter fails to meet investment targets, taxpayers and employers could be held responsible for covering investment losses and administrative overhead.

"It's still troublesome that the measure would have the government take over the retirement, insert itself into the retirement plans in the private sector here," said Sen. Doug La Malfa, R-Willows. "For the state to be usurping that responsibility from the private sector is really a giant leap."

Assemblyman Tom Ammiano, D-San Francisco, defended the bill, saying it sets up a fiscally responsible program. He noted it would not be implemented unless the savings program is exempt from federal rules that cover private-sector defined benefit plans. Such plans have to meet minimum standards under the federal Employee Retirement Income Security Act.

The bill also requires the board to submit an annual audit. It is opposed by businesses, insurance companies and financial services firms.

"I encourage you not to be fooled by the Wall Street subterfuge," Ammiano said. "This is a responsible bill that will be a tremendous benefit for working Californians."

Morrell said low-income workers might be better off financially if they put after-tax earnings into a Roth IRA, which would allow them to earn investments tax-free.

He also expressed concern that the fund could be administered by the California Public Employees' Retirement System. The state's largest pension fund posted an annual return of just 1 percent last year, missing its own long-term annual target of 7.5 percent.

"CalPERS is going to request to manage this money, and I know they've done a pretty good job when the stock market was booming, but the last few years they have not done very well and that's another concern," Morrell said.

De Leon introduced the bill earlier this year in response to what he called the "looming retirement tsunami" as millions of low-wage workers face financial hardship in their retirement years. He said the program would act as a supplement to Social Security by offering private-sector workers a portable savings plan with a guaranteed return.

"One of the most common myths being perpetrated about this bill is that it creates a pension for private-sector workers," Ammiano said."

The analysis from the legislature's website states:

"SCRSP will exist to provide a statewide retirement savings plan for private workers who do not participate in any other type of employer sponsored retirement savings plan. Contributions by employers and employees will be voluntary. Text and analysis of bill

What does one say?

Just got this special notice about a meeting on the city of Madison's comprehensive plan and Reunion tonight.

Check out Mississippi Democratic Party Chairman Ricky Cole getting some TLC at the DNC last night. ;-)

I still can not get a hearing date for my motion to intervene filed against Hinds County and Motorola nearly 16 months ago. Apparently statutes mean nothing in Hinds County even if the chancellors are imported from other counties.

Hinds County sued Motorola in Hinds County Circuit Court several years ago. Hinds claimed it incurred damages after Motorola allegedly allowed Ridgeland and Madison to "bootleg" off of the county radio system. Attorney Precious Martin represented the county on a contingency- fee basis. Mr. Martin is the husband of Hinds County Board of Supervisors attorney Crystal Martin and son-in-law of Senior Hinds Chancellor Patrice Wise. The case settled in 2011 after it went to trial for two days.*

JJ filed a public records request for a copy of the settlement. Hinds County notified Motorola of the request. Motorola then filed a petition in Hinds County Chancery Court to seal the settlement. This correspondent filed a motion to intervene in the case so as to oppose the proposed sealing. Hinds County opposed the motion to intervene.

The case was assigned to Chancellor Dewayne Thomas. Judge Thomas refused to set a hearing date despite the fact the law specifically states the court has to give a public records lawsuit the first available hearing date. I filed a motion to recuse at the end of the year. All Hinds County Chancellors recused themselves and the Supreme Court appointed retired Rankin County Chancellor Thomas Zebert to hear the case. Judge Zebert then appointed Judge Buffington (retired) as a special master.

No hearing date has been set for the case. I filed a motion to schedule a hearing in May. Attorney Curt Crowley represents JJ in this matter. Still no hearing has been set despite the case being filed nearly 16 months ago.

Earlier post with motion to intervene, Post about Hinds response, Precious Martin contract, Judge Thomas does not set hearing

SEC. 25-61-13. Proceedings to compel public access to records; procedure; remedies.

(1) Any person denied the right granted by section 25-61-5 to inspect and/or copy public records may institute a suit in the chancery court of the county in which the public body is located, and the court shall determine whether such public record is exempt from the provisions of this chapter, and in making such determination the court shall take into consideration any constitutional or statutory law or decision of any court of this state or the United States or any rule of common law. Process shall be served on the proper officials according to law.

(2) In any suit filed under subsection (1) of this section, the court has the authority to prohibit the public body from withholding the public records, to order the production of any public records improperly withheld from the person seeking disclosure, and to grant such other equitable relief as may be proper. The court, on its own motion, may privately view the public records in controversy before reaching a decision.

(3) Proceedings arising under this section shall take precedence on the docket over all other matters and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Such suits may be heard in term time or in vacation.

(4) Any suit filed under this section shall be subject to all the rights and rules of appeal for other suits arising in chancery court.

Balancing the needs of a multi-generational blended family with your own wishes can be a complicated task, especially when it comes to estate planning. With a majority of Americans not only marrying once, but twice, three or even four times during their lives, it is a challenge that will come to many.

Even when blended family members get along, estate planning can be complicated. The potential for acrimony among family members can be so great that some people choose to avoid addressing the issue of who will inherit what altogether. However, as any estate planning attorney will tell you, having no plan is not a good plan.
Overall, an effective estate plan for a blended family will ensure that:

*Any ex-spouses do not inherit;
*Your own children are protected;
*Your current spouse is provided for;
*Any estate taxes are minimized.

Estate plans are as individualistic as the families they cover, so it is always advisable to consult with an expert before finalizing your plan. Although there are a plethora of online resources and books on the subject, estate planning for the blended family does not make a good do-it-yourself project.

A Personal Family Lawyer can provide you with the individual attention you need to create an estate plan for your blended family. If you’d like to learn more about estate planning for blended families, call our office right away to schedule a time for us to sit down and talk.

We normally charge $750 for a Family Wealth Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article on Jackson Jambalaya to have a complete planning session for $250. Call Hancock Law Firm, PLLC @ 601-853-2223 right away and mention this article to schedule a planning session.

Pamela L. Hancock
Hancock Law Firm, PLLC
Post Office Box 2372
Madison, MS 39130-2372
1300 Highway 51
Madison, Ms 39110
(601)853-2223
(601)853-9693 (fax)
web: www.hancocklawgroup.com

This post is a paid advertisement

Here is the latest video from Haley Barbour on the presidential race.

This clip about public schools and parents' education rights drove the teachers' unions crazy last night:

This update on the Madison County tax increase went out a few minutes ago:

"BOS put vote on budget off until 9/10 at 6pm. John Bell wanted to vote tonight without a tax increase. That would, theoretically give us 3 votes against tax increase. Karl doesn't want it and, presumably, Paul Griffin is also against it.

Lott seems to be undecided. Lott is the one that moved to delay vote.

Overby said we can't gave cake and eat it too. Karl said he'd like to see a proposal that would not require tax increase.

Let's try to turn out a bunch of people next Monday night.

Word I got from the meeting was without the tax increase there would be a $1.6 million deficit. Now how much are those bond payments for Parkway East again?

The Madison County Board of Supervisors approved yet another no-bid contract* at the June 4 meeting. This time it was an annual $72,000 lobbying contract with Butler Snow. Board President John Bell Crosby placed the contract on the agenda for discussion tonight although he voted to award the contract in June. (Page 5 of minutes). Gerald Steen moved to approve the contract and Ronnie Lott seconded the motion. The vote to hire Butler Snow was unanimous. The county announced the "partnership" in an online newsletter:

"Madison County Administrator David Overby announced today a new partnership between the Madison County Economic Development Authority (MCEDA), Butler Snow Law Firm, and Madison County, focusing on creating and retaining jobs in the county. MCEDA and the Madison County Board of Supervisors will each pay half the contract amount.

This collaborative initiative is about jobs, recruiting future companies and assisting current ones in Madison County. With its rapid growth in population, Madison County must use the best resources available to focus on economic development. The increase in population directly correlates to the need to bring businesses to the county. Butler Snow will work with public officials in and outside the Capitol to maximize the process of pointing companies who are interested in locating to Mississippi directly to Madison County.

Butler Snow will bridge the gap between the state's economic development efforts and the partnership of MCEDA and Madison County. This initiative was passed on June 4 at the Madison County Board of Supervisors meeting, and the contract will be effective October 1, 2012."

That was the news, now for the opinion. Once again, the Madison County Board of Supervisors awarded a contract without seeking bids from interested parties. No request for proposals was published or approved by the board. Supervisor Steen simply made a motion to hire Butler Snow and presto, they were hired. However, Section 19-3-69 of the Mississippi Code has a few things to say about so-called "professional services contracts":




"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.

Some will say Butler Snow is a law firm and is this exempt from bidding and it is true the county will pay only half the contract amount while MCEDA pays the other half. However, the board packet for the meeting contains the contract from Butler Snow and it specifically states the contract is not for legal services (See page 20) the services provided to the county:

"are services which may be performed by non-lawyers and that, as appropriate, Firm will provide such services through non-lawyers such as Sidney P. Allen, Jr., Caroline W. Sims, or Charles V. Williams, or through attorneys who are part of the firm's government relations team.....

the company many have the need for legal services which can be performed only by attorneys and legal staff. Such legal services are not contemplated by or covered by this agreement. Rather, the company may choose to have firm provide such legal services or may choose to retain other attorneys for that purposes. The Company agrees that any such services it chooses to ask firm to provide will be covered under a separate engagement agreement between the company and firm..."

In other words, Butler Snow made it clear in its own engagement letter it was not providing legal services to the county and if it were to do so, the county would have to make a separate agreement with the firm. While lobbying contracts are legal, awarding them to non-lawyers without bidding them out is not under Section 19-3-69. Unfortunately for the taxpayers of Madison County, their government is more interested in awarding fat contracts to friends and raising taxes than protecting their wallets. Of course, this is what they voted for last year so perhaps this is indeed what they desire.

*County awards no-bid contract for public relations and marketing services.

The Gambit Weekly published an update on the repairs to Middendorfs:

" The good news, reports co-owner Karen Pfeifer, is that not all of Middendorf’s small campus of buildings were flooded, and repair work is already underway to get the restaurant’s trademark, thin-cut catfish back into circulation.

“We’re dreaming about (being able to open on) Sept. 12,” Pfeifer says. “We don’t even have electricity here yet but a lot of work has already been done and that’s the date we’re looking to.” .. Rest of article

would this happen. Even at Miami, the coked up illiterate thugs never did this. Too funny.













Then of course there was the time an Ole Miss guy, a Southern Miss guy, and a Mississippi State guy were standing by a cow pasture. A cow walks across the pasture and gets tangled up in the barbed-wire fence to the point its rear end was showing for the world to see. The Ole Miss guy says "oh man, I wish that was Scarlett Johansson." The Southern Miss guy says "nah, I wish that was Kim Kardashian." The Mississippi State guy then stomps his foot and says "Damn, damn, DAMN, I wish it was dark."

watch this video. I dare ya.

A little treat for you tonight.

So a couple of months ago I rescued a tri-color Cavalier King Charles Spaniel. He was housebroken and very laid back. Kept him that long because he was so well behaved you almost didn't know he was there. He is at a very good home now getting spoiled rotten. Speaking of spoiled brats, here is what Louis XIV looked like the rest of the day after he left for his new home. When I say the rest of the day, I mean until he went to sleep that night. Disgusting.


















He celebrated the rest of the day. Looked like this, bouncing off the walls all day long. Someone was happy to have the house back to himself.

The Madison County Homeowners Association issued a statement opposing a proposed property tax increase in Madison County:

The supervisors aren't stupid and know what public reaction will be to a tax increase. The question is why are they proposing the increase? Is there really a shortfall? Is it creating a phony issue so John Bell Crosby can vote against it and use it in his attempt to become Mayor of Madison? Or is the board taking advantage of the proposed tax increases by Hinds and Rankin Counties and implementing their own? Is there a need for a tax increase after the county spent money on no-bid contracts and picking up the tab for projects such as Parkway East? Time will tell. Earlier post on proposed tax increase. Here is the published announcement:

Jim Hood found out the old adage "Be careful what you ask for" applies even to him after U.S. District Judge Henry Wingate denied his motion to remand a lawsuit against Entergy to state court. The Attorney General asked the Fifth Circuit Court of Appeals to order Judge Wingate to rule on the motion. The court did so on August 17 and Judge Wingate said fine, you want a ruling, here's a ruling. Hope you're happy after I ruled against you. Should've quit while you were ahead, bucko.

The Attorney General filed a suit in Hinds County Chancery Court in 2008 alleging Entergy and several Entergy-related companies in other states overcharged customers. The state claimed the overcharging occurred from 1974 to 2008. Entergy removed the lawsuit to federal court at the end of 2008, claiming diversity jurisdiction. Federal courts are authorized to hear state cases if the claim is over $75,000 and the parties are from different states. Most of the action in the case took place in 2009, including a challenge by Mr. Hood to the removal. Nothing was filed in 2010. Three motions were filed in 2011. The AG filed a request for a status conference about the case on July 20, 2011. The AG then filed his petition for a writ of mandamus with the 5th Circuit. Judge Wingate issued his ruling on August 25, eight days after the granting of the writ of mandamus. A writ of mandamus is a court order directing a public official or lower court to perform a duty.

Judge Wingate ruled the case will stay in federal court despite Mr. Hood's efforts to move the lawsuit back to state court. The court said there was evidence less than two-thirds of the affected customers were from Mississippi as the state included present and past customers as victims in its lawsuit. The state argued over 95% of the current customers were in Mississippi but said Mr. Hood "has made statements on the record in a state court proceeding which indicate that the intends to claim restitution for individual ratepayers both past and present." Entergy also presented evidence not challenged by the state that the damages if it lost could range from $25 million to $200 million. However, the court did point out the parties had not yet engaged in discovery and the state could question the amount in controversy again if it found it to be less than $75,000 after discovery.

Here is former Governor Haley Barbour on Mitt Romney's speech last night.

From the current issue of Boom Jackson:

Representative Cecil Brown (D-Hinds) pushed a "trigger law" for charter schools in a recent submission to JJ. The only line missing from the column was "the wonderful thing about triggers, is triggers are a wonderful thing." Here is an excerpt from his column:

"Known nationally as a “parent trigger law,” Mississippi’s law allows parents of children in chronically underperforming schools to take over governance of the school. By a vote of parents of more than 50% of the kids in the school, the parents can elect a “local management board” for their school, remove some or all of the school’s teachers and administrators, develop their own curriculum and schedules and, in essence, convert the school to a charter school. The school would remain a public school and would receive the same local, state and federal support it received before the conversion but would no longer be governed by the local school board. Under federal law, the provisions of the “No Child Left Behind Act” would continue to apply, but administration of the school would be left up to the school’s duly elected local management board. Day to day operations could be contracted out to a charter school operator such as KIPP, or the board could hire its own personnel. The law applies to schools that are in the lowest three categories of performance for three consecutive years, and there is no limit on the number of schools that can convert. The three year measurement period has now passed, so the current 2012-2013 school year is the first year that the conversion will be available..." Rest of column

Sounds nice. Responsible. Legislation we can all support. Right? Before you answer that question, check out how trigger laws are used to defeat parents in California. The Wall Street Journal editorial page reported how school boards in California are blocking the parents from converting public schools to charter schools:

A California Superior Court judge ruled last month that several hundred parents in Adelanto, California had successfully pulled the nation's first parent trigger to force change at their children's failing public school. The judge "commanded" the Adelanto school board to let the parents "immediately begin the process of soliciting and selecting" proposals to transform Desert Trails Elementary into a charter school.

At a recent hearing, the school board unanimously refused. Instead, the board wants to implement what it calls "alternative governance" reforms: a somewhat longer school day, a "technology infusion into the classroom," better training of teachers, and a "community advisory committee" to oversee such changes. That is, the board wants to keep tinkering around the edges of a school that's been classified as failing for six years in a row, with 70% of sixth-graders not proficient in English or math.

The board insists that it is following the law—notwithstanding board member Jermaine Wright's vow to stand in the schoolhouse door in handcuffs. The board's line is that because the new school year is about to begin, it's too late for Desert Trails to become a charter school.

But the parents aren't aiming for this year. They want to solicit charter offers for next year. Naturally, the board says next year is also impossible, because that will be too far removed from when the parents filed their petition in January 2012. So having obstructed the parents for as long as legally possible, the school board turns around and says too much time has passed for the "trigger" to still be relevant.

This is an invented standard that no law or regulation empowers the board to apply. And it follows last month's court order that slapped down the board for its "abuse of discretion" in trying to disqualify parents' petition signatures. The parents of Adelanto will now have to return to court to enforce the victory they have already won... Column

One can only imagine how the public school lobby in this state will use the trigger law to fight conversions. Watch them become the biggest supporters of voter ID - on petitions for conversions. How many different ways can they frustrate the parents? Check to see if they live in that district. Do they have children attending that school. Does it apply to all parents in the district or just those with children attending that school (One good way to throw out the votes of parents with children in private schools or schooled at home.). Don't forget, spouses can't sign petitions for each other. How long is the petition valid? Starting to get the idea?

Then there is the matter of the school must be rated in the "lowest three categories" for three consecutive years (failing, low performing, at risk of failing). Academic Watch would not count. That's right. Most of the JPS schools are on academic watch, which is considered to be a "D". The Department of Education bureaucrats do some finagling with ratings for one year and presto, the school gets moved up to academic watch.... and the clock resets. You will be surprised at how creative the dullest public school bureaucrat can be when charter schools appear on the scene. They have all kinds of tricks for tinkering with the ratings. Don't count all the special ed students. Good students that transferred out of the school to get a better education? No problem. They can move their scores back into that school to raise the rating. Get the idea?

The charter school fight is not going away. Watch for more "reasonable" legislation from the public school lobby as they try to escape any accountability and competition in Mississippi.

No way to spin it: today sucks. Weather sucks. The rain sucks. For many people the closures suck. Don't feel like posting much myself, if you want to know the truth. So I'm going to throw up a couple of things and write out some longer posts I've been putting off and publish them later this week. Here is a video from the Planned Parenthood rally against GOP women in Tampa recently. Enjoy.

First Megan West gave us a storm update and then Representative Scott Delano gave us an update from the coast and then we moved on to the legislature. Highlight of the program was when a caller tried to say the storm was "contrived".

Check out the Hurricane Isaac Board on Tigerdroppings.com. Its about as close to real-time reporting from a diversity of sources as you are going to get right now in one place.

Congressman Allen West has a few things to say about "progressives".

The Department of Education announced graduation rates and test scores improved yesterday:

Jackson, Miss. – The results released Wednesday by the Mississippi Department of Education (MDE), students across the state increased Mississippi Curriculum Test, Second Edition (MCT2) scores in every grade tested. The MCT2 is given to students in grades 3 through 8 in Language Arts and Mathematics. The MCT2 was first implemented in 2007-08 to assess the state's more rigorous curriculum standards for language arts and mathematics. Districts also showed a two percent increase in graduation rates, rising to 73.7%. Dropout rates also dropped slightly to 16.7%.

“We are pleased with the progress in these assessment scores, but what the results also show is we still have work to be done to effectively educate our children,” said Dr. Lynn House, Interim State Superintendent of Education. “We will continue to ask more of our students with the implementation of Common Core State Standards. If these scores demonstrate anything, it’s that our students will continue to meet the challenges we are presenting them with each year.”

In 2011, fourth, fifth and sixth grade math scores all declined from the previous year. The 2012 MCT 2 assessments show not only increases in those grades but scores topping the mark set two years ago. Language Arts scores also increased across each grade with the seventh grade scores showing the largest increase at six points over the 2011 score.

“The increase in student performance as evidenced by these scores is a direct result of increased rigor in the classroom. Teachers are becoming more aware and better trained in challenging students by using the Common Core State Standards. Student performance should continue to increase as we implement this much more rigorous and complex curriculum for our students,” said James Mason, Director of Student Assessment.

In the Subject Area Testing Program 2(SATP2), scores show increases in English and Biology over the previous year with Algebra showing a decrease from 2011. English scores increased for the second year in a row. During the 2011-2012 school year, a new US History assessment was implemented. This new test represents the fourth SATP2 course conversion to more rigorous assessments based upon national standards. This new exam represents the most challenging of the four SATP2 exams based upon the difficulty of what students are expected to know and do. A new test for Biology was implemented in 2010-2011.

High school students are assessed with the Subject Area Testing Program 2 (SATP2) on four content areas: Algebra I, Biology I, English II (both a Multiple Choice Assessment and Writing Assessment) and U.S. History. Students must earn a passing score on each test to be eligible for graduation. The test results listed represent first-time test takers. Students generally have up to three opportunities each year to earn a passing score on the SATP2 during high school.

SATP results:

·Algebra 82% passing

·Biology 75% passing

·English 73% passing

·U.S. History 72% passing*(a revised, more rigorous test)

“The rise in the English scores is encouraging, but we will keep working to get all the scores up to where they should be,” said Dr. House.

The assessment results will help determine performance classifications for schools and districts using the accountability model. Schools will be classified from highest to lowest: A-F. The 2012 school and district performance classifications will be released September 14th once the State Board of Education approves on the results.

from various sources on Facebook, Twitter, and other sites. From top to bottom: West Long Beach, Gulf Shores, Gulf Shores, Waveland

Might have an RNC food fight. From Freedomworks:


"I just got off the phone with a concerned Florida activist, Laura Noble, who informed me that both of Florida's Rules Committee members, Peter Feaman and Kathleen King, have been removed from the Rules committee and replaced with Romney-appointed delegates.

Clearly anticipating a grassroots backlash against the "compromise" on Rule 15 and the changes on Rule 12 has caused the Romney camp to preemptively replace delegates to ensure they have support on the Rules Committee.

It's enough to make your blood boil..."

Rest of the post at Freedomworks. Link

Over at Redstate, Erickson provides some more info:

"At 2:00 p.m. today in Tampa, the Republican National Committee, led by Team Romney, is moving to shut down conservative grassroots activists. I’ve been on the phone with several individuals involved in the fight who tell me that the fight is not over, it is only just starting....

The second rules change would front load winner takes all primaries. Grassroots conservatives point to both Newt Gingrich and Rick Santorum as reasons to stop this rule. Had there been front loaded winner takes all primaries, neither the Gingrich nor the Santorum campaigns would have been able to get any traction.

“This is going to be a fight on the floor if they don’t back down. They have too much pride to back down and we’re going to humble them,” said one delegate to the convention.

Another tells me, “They’ve gotten social conservatives comfortable with the platform and now that they’re placated [Team Romney] is going to undercut them with this change.”

Here is one more update at the American Spectator.

Apparently networks made some changes after one reporter referred to Mississippi as "the land mass between Mobile and New Orleans." Here is one replacement:

Who can forget this nasty windstorm from 1997:

Coach Don Meyer is returning to Jackson to educate beyond the court at his Leadership Tour Aug. 28. Here is a video about Coach Meyer and more information about the tour stop tomorrow:



The Coach Don Meyer Leadership Tour will take place from 8 a.m. – 5 p.m. on Tuesday, Aug. 28, at Jackson Preparatory School located at 3100 Lakeland Drive in Flowood.

Don Meyer is currently the winningest coach in any division in NCAA history. In February 2010 Meyer announced his retirement from coaching, but continues at Northern State University in the role of Regents Distinguished Professor and Assistant to the President.

Following a serious car accident and inoperable cancer diagnosis Meyer has received national recognition in various national media outlets - Sports Illustrated, ESPN, FOX Sports, National Public Radio, Associated Press, CBS News just to name a few. In 2010, he was named the winner of the Jimmy V. Perseverance award at the ESPN ESPY's - Meyer used his national spotlight to again promote the community he calls home - Northern State University and Aberdeen, SD. That same year Meyer was recognized at the NCAA Final Four.

Meyer has been married to his wife Carmen for 44 years. The couple have three children and 8 grandchildren.

He spoke at the 2011 Greater Jackson Chamber Partnership’s Annual Meeting and is returning this year to educate beyond the court. His Servant Leadership seminars captivate people from all walks of life. Wish his personal inspiring story, Coach Meyer encourages all to keep moving forward.

“Coach Don Meyer is an inspirational teacher with a tough persona but a tender heart,” said GJCP President Duane O’Neill. “While his accomplishments on and off the court are amazing, I admire him most of all as a man of faith.”

Rick Cleveland of the MS Sports Hall of Fame said Don Meyer is one of the most inspirational people he has ever met. “He could flat-out coach, but like most great coaches, he would have been successful no matter what field he chose.”

Registration begins at 8 a.m. with “Do I have what it takes to be a servant leader” from 9 a.m. – 12 p.m. At 12:45 p.m., Meyer will conclude his seminar with “Building a Team of Servant Leaders.”

The registration fee for the seminar is $20. Registration Fee for undergraduate credit from Northern State University is $60. This includes lunch.

To register, contact Tyler Armstrong at the Greater Jackson Chamber Partnership at 601-948-7575 or email tarmstrong@greaterjacksonpartnership.com.

Yes. You read that headline correctly.

JJ has learned a federal grand jury met about the Frazier case several weeks ago. The targets were allegedly Claiborne and Austin Frazier. This being the feds, there are very few details as they do.not.talk. but it is safe to say the feds are after these guys. C.E. Frazier, Jr. was arrested on the Adams County warrant when he appeared to testify and was seen entering the federal building that day by a source. There are unconfirmed reports of additional developments but they will not be posted at this time. Some of you will know what they are but don't get cute in the comments as I'm not approving them.

Collection of all Frazier posts.

Got a really good post for you later today.

Local Jackson resident Jana Bell created a Facebook page that went viral: The Land Mass Between New Orleans and Mobile. Facebook page.

Created only last night, the page has received nearly 25,000 likes in the last 12 hours. Ms. Bell created it after The Weather Channel referred to Mississippi as the "land mass between New Orleans and Mobile" yesterday. Mississippi residents are still sore how the state was ignored in most Katrina coverage even though a great deal of the Gulf Coast was literally wiped off of the map. Its pretty clear more than a few saw the same media numbskullery happening again.

Mrs. Bell told JJ "I was on FB yesterday and saw a friend's post complaining about The Weather Channel referring to Mississippi as a land mass. Instead of getting mad about it, I saw the humor of it and decided to create Facebook page about it. Most of the comments were positive although some were negative as they accused me of trying to profit, which is not true. The page was created in good fun. Then people started posting shelter and storm information so its started to turn into an information source for people. It started out as something funny and turned into something useful."

Governor Phil Bryant made the following announcement about the hurricane:

PEARL—Gov. Phil Bryant today declared a State of Emergency ahead of potential impacts from Tropical Storm Isaac. The National Hurricane Center has issued both a tropical storm warning and a hurricane warning for multiple counties in Mississippi.

A hurricane warning means that tropical storm force winds are likely within 36 hours.

The State of Emergency is an administrative tool that allows state resources to be utilized by local governments throughout the areas that could be affected by a disaster.

“Residents should not be frightened because we have issued a State of Emergency,” Gov. Bryant said. “However, I urge individuals and families to finalize their personal preparedness efforts. Review your family communication plan, make sure your emergency supply kit is fully stocked and know where you will go if you need to evacuate.”

Bryant also authorized the Mississippi National Guard to deploy ten members of its civil support team to the coastal counties. The team will work with local emergency management agencies to assist with preparedness efforts and will be on hand to transition to full-scale disaster response if necessary.

“We are taking the threat of impact from Isaac seriously, and we are working to ensure that Mississippi is well-prepared” Gov. Bryant said. “Sound preparations will enable us to ramp up our response without losing time if the situation worsens.”

The Mississippi Emergency Management Agency also deployed members of the State Emergency Response Team to Biloxi. The SERT is made up of personnel from several key state agencies including MEMA, Miss. Department of Transportation, Dept. of Public Safety and the Miss. National Guard.

“It is important that we have resources and trained personnel ahead of the storm in those areas which could be potentially impacted by this storm,” said MEMA Director Robert Latham. “The members of the SERT train for events just like this and they are able to support the local counties with state resources turned on by the State of Emergency. We are working closely with local governments within the forecasted impact area to ensure that they have the resources needed to prepare for and respond to this storm.”

The State Emergency Operations Center in Pearl will activate at 7 a.m. tomorrow in preparation for Isaac.

The Clarion-Ledger is blocking access to hurricane updates on its website unless a subscriber. Should it do so or are such updates more of a public service or public safety matter it should provide for free as part of its responsibility to the public? I can see both sides of this one. What do you think?

Latest online crime stats for the Jackson metro area:

Jackson crime stats through August 12, 2012.

Jackson major crimes overview for week ending August 12, 2012.

City of Madison crime reports through August 23, 2012.

Byram police reports through August 18, 2012.

Someone posted on Military.com new footage of the 9/11 attacks he shot while it took place. Warning: Graphic.

I consider this post to be a philosophical treat for you. Eric Hoffer, longshoreman turned philosopher. I discovered this 1960's interview with Mr. Hoffer on Youtube. I highly recommend watching this interview as I think both conservatives and liberals will enjoy it as this is the sort of thing that used to appear on network tv. The title of the post is a quote from the end of the first clip.



Part 2, Part 3, Part 4. Part 5 was not posted

Here are some Hoffer quotes:

Marx never did a day's work in his life, and knew as much about the proletariat as I do about chorus girls.

People who bite the hand that feeds them usually lick the boot that kicks them.

Rudeness is the weak man's imitation of strength.

The sick in soul insist that it is humanity that is sick, and they are the surgeons to operate on it. They want to turn the world into a sickroom. And once they get humanity strapped to the operating table, they operate on it with an ax.

An empty head is not really empty; it is stuffed with rubbish. Hence the difficulty of forcing anything into an empty head.

Ours is a golden age of minorities. At no time in the past have dissident minorities felt so much at home and had so much room to throw their weight around. They speak and act as if they were “the people,” and what they abominate most is the dissent of the majority.

The nineteenth century was naïve because it did not know the end of the story. It did not know what happens when dedicated idealists come to power; it did not know the intimate linkage between idealists and policemen, between being your brother’s keeper and being his jailkeeper.

The best education will not immunize a person against corruption by power. The best education does not automatically make people compassionate. We know this more clearly than any preceding generation. Our time has seen the best-educated society, situated in the heart of the most civilized part of the world, give birth to the most murderously vengeful government in history.