Jackson Jambalaya

The Hinds County Board of Supervisors voted 3-2 Monday to keep the contract with Airwave intact for another year. The county awarded a six-year $4.2 million no-bid contract for maintenance of the county radio system in 2008. The debate at times grew raucous as the a representative for Airwave made racist remarks that drew a strong reaction from the audience.



Supervisor Phil Fisher moved to terminate the contract with the company. Airwave is owned by Stacy Stowers. However, Nathan Hargrove of Northstar Wireless represented Airwave while Mr. Stowers sat in the audience. Supervisors Fisher and Peggy Hobson-Calhoun repeatedly told Mr. Hargrove they had requested documents such as logs that would show what work Airwave had done under the contract. Mr. Hargrove said he had given that information to Ms. Hobson-Calhoun. She pointedly told him he had not done so but instead had given her a notebook filled with serial numbers. She then told Mr. Hargrove the city of Jackson told her Airwave did not repair their radios but that Motorola repaired the radios at no cost to Jackson. Mr. Hargrove said that was not true and that JPD police Chief Coleman even called him at "Three in the morning" on radio issues (21:00).

Supervisor Fisher said the contract can "be terminated once a year before the October meeting." He said contract was paid out of the E911 fund and the fund would go broke in 18 months. He also said the company had no other client and showed no certifications to work on manufacturer's equipment. He urged the board to follow any recommendations made by EOC to find a replacement. Supervisor Calhoun said she had received two inquiries from other companies interested in bidding for the contract.

Mr. Hargrove told the Board it could not terminate the contract and "it does not come up for a renewal on an annual basis and it was a fixed term contract." (14:00) Supervisor Fisher immediately asked board attorney Crystal Martin for a copy of the contract and began reading the contract. Meanwhile, Mr. Hargrove said "it was frustrating for us, all the hard work to support the system goes unappreciated (15:44) Mr. Fisher told him he hadn't answered any of his questions and had done a good job of "dancing around" while talking about other "things such as the future."

Mr. Fisher then began reading the renewal clause from the contract:

"This agreement will renew for an additional one year term on every anniversary of the start date unless either the cover page specifically states a termination date or one party notifies the other in writing of its intention to discontinue the agreement not less than thirty days of that anniversary date" (See contract below, second to last page above the signatures in capital letters.)

Mr. Fisher then told Mr. Hargrove "what you're telling us isn't true." Mr. Hargrove said "its a five year term on that contract" to which Mr. Fisher replied "No its not". Supervisor Graham then interrupted to say he wanted to "keep things moving along." Supervisors Graham and Doug Anderson said very little during the entire discussion.

The low point of the meeting came when Mr. Fisher asked why Mr. Stowers was not addressing the board and who worked for who. Mr. Hargrove told Mr. Fisher "I realize we all look alike to you" to much negative reaction from the audience. Supervisor Graham admonished the audience but not Mr. Hargrove for his racist remarks (25:00). The board then voted to keep the contract.



Payments to Airwave:

Year one: $374,860 ($93,715 per quarter)
Year two: $521,885 ($130,463 per quarter)
Year three: $736,918 ($184,229 per quarter)
Year four: $770,035 ($192,508 per quarter)
Year five: $804,908 ($201,227 per quarter)
Year six: $845,153 ($211,288 per quarter)

Media at meeting: Jackson Free Press, Clarion-Ledger, WLBT, WAPT, WJTV, Fox 40

Hinds County did not advertise for bids on Airwave contract, WLBT shines light on Airwave, Hinds awarded $4 million contract to non-existent company, Airwave payments will bankrupty E911 fund in 2014

The Board* of the Mississippi Prepaid Affordable College Tuition Program (MPACT) voted unanimously on August 23 to suspend new enrollments in the program until the completion of an actuarial audit. Treasurer Lynn Fitch said this was the first time an such an audit had been made of MPACT.

Ms. Fitch cited several reasons for the suspension in a presentation to the Joint Legislative Budget Committee today. Copy of presentation Ms. Fitch said the program never met its target rate of return of 7.8% as the investments yielded of 4.8% since its inception. MPACT investments yielded a rate of return of only .6% last year. The funding level fell from 83% last year to 76% this year. She said the program had not achieved a funding level of 100% since 2000 (see the chart she distributed to the media and legislators below and (;30 in the video.).

Time and time again the Treasurer pointed out to a committee that included her predecessor the rate of return was sharply outpaced by tuition increases that were over 7%. She said the board had to do something about "the gap". Ms. Fitch said there are 22,293 participants enrolled in MPACT and the plan has $265.1 million in assets. She only spent a few minutes on the program as part of her presentation. However, several legislators brought the spotlight back to MPACT when given the chance.

Senator Pro-Tem Terry Brown (17:00) forcefully told the treasurer he was "deluged with phone calls" by people who enrolled their children in the program. Senator Brown accused Ms. Fitch of keeping the legislature in the dark about the decision by the MPACT board to suspend enrollments. Ms. Fitch said they were "just taking a pause" in the MPACT program and just "doing an actuarial audit" to see where the program stands. She said the legislative liasons "were apprised" of board decisions. She called the measure "proactive and one of due diligence" and that current enrollees are protected by the "full faith and credit of the state". Ms. Fitch said many states had made adjustments to their programs. Some closed them, some contributed more money, and others sold bonds.

Senator Brown asked the treasurer how long the suspension would last only to be told by Ms. Fitch she didn't know how long it would be. Ms. Fitch told Representative John Moore MPACT had been underfunded since 2000. Lieutenant Governor Tate Reeves asked the treasurer at the end of the hearing if she recommended suspending new enrollments in PERS since PERS was only funded at a level of 62%, far below the 76% funding level of MPACT. Ms. Fitch replied she couldn't answer for PERS. This correspondent also asked Ms. Fitch what level she considered to be well-funded for the MPACT program. The Treasurer would not provide a percentage she considered to be a "well-funded" level.

Tomorrow: JJ reviews the MPACT 2012 audit and market summary.





Earlier MPACT posts: Cecil & Tate trade licks, 2010 report says MPACT only 75% funded *Board members present: Ms. Lynn Fitch, Dr. Hank Bounds, Dr. Eric Clark, Ms. Jessica Dupont, Ms. Rita Wray (Representing Kevin Upchurch, DFA Executive Director), Mr. Len Blanton, Mr. Kenneth Goza, Mr. Kevin Upchurch Legislative Advisors: Representative Greg Holloway, Senator Steve Hale

Treasurer Lynn Fitch announced the suspension of new registrations in the MPACT (Prepaid College Savings Tuition) Program pending the completion of an actuarial audit. The press release is posted below.

Tweeting updates from Legislative budget hearings at kingfish1935. Just finished PERS budget hearing. Very interesting stuff already.
Sent via BlackBerry by AT&T

Update: Here is the alert from the Reunion Homeowner's Association:


A Reunion resident in the Lakepoint area has reported that a pet boa constrictor has escaped its aquarium. The snake has never hurt anyone or been known to be aggressive.

The Madison Police Department has been made aware of this situation and will respond to any reported sighting. Please call the MPD at 601-856-6111 if you see the snake.

The Snake is brown and approximately 7 feet in length. MPD Animal Control is also responding to the situation.

Original post last night:
An 8 foot Boa Constrictor, that is a snake, not one of the Boa Babes although some ex-husbands may beg to differ, is on the loose in Reunion right now thanks to the alleged negligence of a certain former Democratic gubernatorial candidate (no, not the toe-sucker but the one who has Angel Eyes) who owns the snake in question as well as the tank in which he was confined.

Now a word from our sponsor: Did this crisis cause you to suffer pain and suffering? Mental anguish? Were your children traumatized by the unexpected horror of being killed by a Boa Constrictor? Did you find yourself experiencing mental anguish because you suddenly needed your xanex pills but were out? Don't worry. The law firm of Dewey, Cheatem, and Howe will make sure you get what you deserve and to quote the patron saint of Reunion, David Nutt, make sure he gets what he deserves.

The British Independent reported Libyan officials warned the American government about security problems in their country:

"American diplomats were warned of possible violent unrest in Benghazi three days before the killings of US Ambassador Christopher Stevens and three members of his team, Libyan security officials say.

The claim came as the country's interim President, Mohammed el-Megarif, said his government had information that the attack on the US consulate had been planned by an Islamist group with links to al-Qa'ida and with foreigners taking part..."

Naturally U.N. Ambassador Susan Rice blamed the video for starting the riots:

"However, the American ambassador to the UN, Susan Rice, insisted that the killings had resulted from a demonstration against a film about the Prophet Mohamed, replicating protests in Cairo, which had been "hijacked" and got out of control."

Um, yeah. They all showed up with RPG's, heavy weapons, and rocket launchers just out of nowhere. Uh-huh.

The Independent has reported diplomatic sources who said that the threat of an attack against US interests in the region was known to the US administration 48 hours before it took place. The alert was issued by the State Department's Bureau of Diplomatic Security, but not made public. A State Department spokesman maintained: "We are not aware of any actionable intelligence indicating that an attack on the US Mission in Benghazi was planned or imminent."

Ah yes. What is "actionable"? What is "is"?

But President Megarif told the American station National Public Radio: "We firmly believe that this was a pre-calculated, pre-planned attack that was carried out specifically to attack the US Consulate. A few of those who joined in were foreigners who had entered Libya from different directions, some of them definitely from Mali and Algeria."

But, but, but, it was the video.

A senior official of the biggest militia in Benghazi, the February 17th Brigade, told CNN that he had warned US diplomats of a rapidly deteriorating security situation in Benghazi three days before the attack. "The situation is frightening, it scares us," he said he had stressed during the meeting. Mr Stevens had been back in Libya for only a short time before US security officials decided it would be safe to make the journey to Benghazi during the anniversary of the 9/11 attacks. The British consulate in the city was shut after an ambush of a convoy carrying Dominic Asquith, the UK ambassador, in which his bodyguard were injured. The UN and International Committee of the Red Cross offices had been bombed and there had been a spate of political assassinations.

Yeah, I know its a "militia". Can't listen to him, of course. Rest of the article

The Madison County Board of Supervisors is going to have another public hearing on the proposed tax increase on September 26 after it was determined they did not exactly follow state law in holding the first public hearing. Stay tuned.

This is a taste of what took place at the meeting of the Hinds County Board of Supervisors this morning. Supervisor Phil Fisher placed the Airwave contract on the agenda for discussion. The county can terminate the contract each October if it provides thirty days notice.

Stacy Stowers, President of Airwave (President of a one or two man company), sat in the audience while flunkie Nathan Hargrove, owner of Northstar Wireless, spoke to the board about Airwave. Supervisor Fisher had enough and finally asked who worked for who. Mr. Hargrove decided to inject some racism into thee discussion and said "I realize we all look alike to you." See for yourself.

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This week is legislative budget hearing week at the capital. That means every state agency comes to the legislature with their hands out begging fo' mo'. Here is the schedule for this week.

If you see nothing and are on an Apple device, get a flash reader app. The document is in flash.

Collection of JPS & Education posts

The report cards for Mississippi Public Schools are out for the 2011-2012 school year, which means it's time to take a good hard look at the marks for Jackson Public Schools. This is the first year report cards were issued under the new rating system: A,B,C,D,F. The grades for Jackson Public Schools are worse than dismal, they are downright disgusting.

NO Jackson middle or high schools earned the grade of A or B. Only two high schools and one middle school earned a C. The other 14 schools graded D or F. The elementary schools were slightly better: 3 A's, 5 B's, 13 C's and the rest were D's or F's. Let that sink in. 82% of all Jackson public middle and high schools rate either D or F. Earlier post

Thank you Jackson Public School Board. Thank you Harvey Johnson. Funny how you seem to be AWOL whenever the subject of Jackson Public Schools arises. Where is Dr. George Schimmel writing letters to the Clarion-Ledger defending these report cards? One can only imagine why he doesn't write about this problem with the same vigor he uses when attacking charter schools. Speaking of, where exactly is Nancy Loome? I don't see any tweets or Facebook posts by her as she does whenever charter schools are mentioned.

Well don't you fossils worry about it. Even though Jackson is over 80% black, the blacks are voting... with their feet. Clinton Public Schools are now 50% black. Pearl Public Schools are now 40% black. 150 years ago blacks fled the white plantations whenever possible. Blacks now flee the black educational plantation whenever they can as well as they seek to escape the chains of the educational slavery imposed upon them by Harvey Johnson and the Jackson Public School Board.

Here are are the schools and their grades. Brace yourself.

New Classification = Old Classification
A = Star
B = High Performing
C = Successful
D = Academic Watch
F = Low Performing, At Risk of Failing, Failing

High Schools (8)
A:
B:
C:2
D:2
F:4

Data: Current Grade (last year's grade)
Murrah: C (D)
Forest Hill: C (Same)
Callaway: F, Low performing (D)
Jim Hill: D, Academic Watch (Same)
Wingfield: F, Low Performing (F, At Risk of Failing)
Bailey: F (D)
Lanier: F (D)
Provine: D (F, At Risk of Failing)

Two schools improved one grade. Three fell one grade. Three stayed the same.

Middle Schools (9)
A:
B:
C: 1
D: 5
F: 3

Data:

Blackburn: D (Same)
Brinkley: F, Low Performing (D)
Chastain: D (Same)
Hardy: F, Low Performing (D)
Northwest: D (Same)
Peeples: D (Same)
Powell: D (F, At Risk of Failing)
Rowan: C (Same)
Whitten: F, Low Performing (F, At risk of failing)

6 middle schools remained unchanged, 2 middle schools fell one grade, one middle school improved one grade.

17 middle and high schools. 3 C's, 7 D's, and 7 F's. 82% of Jackson public middle and high schools were graded D or F.

Elementary Schools (34)

A: 3
B: 5
C: 13
D: 6
F: 3

Baker: B (Same)
Barr: B (C)+
Bates: C
Boyd: C (B)-
Bradley: D (B) --
Brinkley: F, Low Performing (D) -
Brown: D (C) -
Casey: A (B) +
Clausell: D (C) -
French: C (B) -
George: A (Same)
Green: F, Low Performing (B) ---
Hopkins: C (F, At Risk of Failing) ++
Isable: C (F At Risk of Failing) ++
Johnson: F, Low Performing (F At Risk of Failing)
Key: F, Low Performing (C) -
Lake: C (D) +
Lee: C (F, At Risk of Failing) ++
Lester: D (Same)
Marshall: C (F, At Risk of Failing) ++
McLeod: B (Same)
McWillie: A (Same)
North Jackson: C (F, At Risk of Failing) ++
Oak Forest: F, Low Performing (D) -
Peeples: D (Same)
Pointdexter: C (D) +
Raines: C (Same)
Siwell: D
Smith: C (Same)
Spann: C (F, At Risk of Failing) ++
Timberlawn: D (C) -
Walton: C (D) +
Sykes: C (Same)
Wilkins: D (F, At Risk of Failing) +
Woodville Heights: D (F, At Risk of Failing) +

Number of schools improving two grades: 6
Number of schools improving one grade: 7
Number of schools falling one grade: 7
Number of schools falling two grades: 2

The elementary schools were the only ones with a true bell curve, as the number of A's and B's were equal to D's and F's. Unfortunately for JPS, that still means only 15% of all schools graded A or B while 45% graded D or F.

They were so bad they couldn't even streak right.

Nakoula B. Nakoula. Fairly or unfairly, he will always be connected to the Arab riots last week as the Democrat spinmeisters and Arab apologists, oops, I meant the Arab street, blame him and others for producing a film that insulted their precious prophet. The truth is the riots were more likely part of an Al-Qaida operation in several countries as the terrorist organization initiated them as cover to attack our embassies. However, the government is now drawing heat for scrutinizing Mr. Nakoula because he is a felon on probation.

Mr. Nakoula violated one fundamental law all those on probation must obey if they want to stay out of jail: keep your nose clean and stay out of the spotlight. Period. No ifs, ands, or buts. Mr. Nakoula was convicted of bank fraud in 2010. The indictment is posted below. The sentencing, posted below as well, forbids him from using a computer without his probation officer's approval:

Defendant shall not possess or use a device with access to any online service at any location without the prior approval of the Probation Officer. This includes access through any Internet Service Provider ("ISP"), bulletin board system, or any public or private computer network system. Further, defendant shall not have another individual access the Internet on defendant's behalf to obtain files or information that defendant is restricted from accessing personally, or accept restricted files or information from another person;

Defendant shall use only those computers, computer related devices, screen/user names, passwords, e-mail accounts, and ISPs approved by the Probation Officer. Computer and computer-related devices include, but are not limited to, personal computers, personal data assistants (PDAs), Internet appliances, electronic games, and cellular telephones, as well as peripheral equipment, that can access, or can be modified to access, the Internet, electronic bulletin boards, other computers, or similar media. Defendant shall use any approved computers only within the scope of his employment. Defendant shall not access a computer for any other purpose..."

Make no mistake, never in this guy's wildest dreams did he think this video would get the attention it has. Forget viral, this thing went pandemic. Mr. Nakoula really shouldn't be allowed near a video camera or computer if this is the kind of crap he produces. This movie is worse than The Wall on acid. In fact, I don't think there is any drug that can improve watching this movie.

I write this post as a free speech fanatic and an opponent of Obama. The federal government was wrong for outing this guy. The federal government was wrong for endangering him as the fanatics would love to know who he is. However, the federal government was not wrong in asking him a few questions, interviewing him, or whatever they called it when he came down "to the station" with his face covered up. I hate to say this but this guy got stupid. When you are on probation, you stay out of trouble and you damn sure stay out of the media. If you are in the news for anything, it is a safe bet you will hear from your probation officer. If you are in the news because you produced a Youtube video after you were ordered not to use a computer, you have no one else but yourself to blame when your ego is more important than your sentence and you find yourself in the hot seat.

It's the Dekes. 'Nuff said.

Here is the video from the immigration hearing held at the House several weeks ago. Representative Andy Gipson chaired the meeting. Needless to say, the room was packed to the walls, was hot as hell, and was one of the most poorly run hearings I've ever witnessed. There were over 40 scheduled speakers. Another 100 people were in the hallway. The large committee room was not used due to renovations. I managed to get the first seven or so speakers before I had to leave due to my bronchitis or whatever this respiratory stuff acting up that day was. Enjoy. It's colorful.

The Lieutenant Governor's office just issued the following press release:

FOR IMMEDIATE RELEASE
DATE: Sept. 14, 2012
CONTACT: Laura Hipp, Communications Director (601) 359-3848; lhipp@senate.ms.gov

SENATE REDISTRICTING PLAN APPROVED BY U.S. JUSTICE DEPARTMENT

JACKSON – Lt. Gov. Tate Reeves today announced the U.S. Department of Justice approved the redistricting plan for the Mississippi Senate.

The Senate plan added a district in DeSoto County to reflect the growing population of the area and increased the number of districts with majority-minority voting-age residents to 15 from 12. There remain 52 Senate districts.

“I am pleased the U.S. Department of Justice approved the new district lines for the Mississippi Senate,” Lt. Gov. Reeves said. “The plan drawn by our redistricting committee received overwhelming bipartisan support from the Senate because it was fair and representative of the entire state.”

Madison County made two bond payments in 2011 of $258,328 on May 11 for the Parkway South and $374,021 on October 24 for the Parkway East Public Improvement Districts. However, the Mississippi Code in 2011 and a 2007 Attorney General's opinion may have prohibited such payments.

The Independent (UK) reported the U.S. Government was warned about the raid in Libya 48 hours before it took place and did nothing. The article contains more disturbing information:

"American officials believe the attack was planned, but Chris Stevens had been back in the country only a short while and the details of his visit to Benghazi, where he and his staff died, were meant to be confidential.

The US administration is now facing a crisis in Libya. Sensitive documents have gone missing from the consulate in Benghazi and the supposedly secret location of the "safe house" in the city, where the staff had retreated, came under sustained mortar attack. Other such refuges across the country are no longer deemed "safe".

Some of the missing papers from the consulate are said to list names of Libyans who are working with Americans, putting them potentially at risk from extremist groups, while some of the other documents are said to relate to oil contracts.

According to senior diplomatic sources, the US State Department had credible information 48 hours before mobs charged the consulate in Benghazi, and the embassy in Cairo, that American missions may be targeted, but no warnings were given for diplomats to go on high alert and "lockdown", under which movement is severely restricted...

Senior officials are increasingly convinced, however, that the ferocious nature of the Benghazi attack, in which rocket-propelled grenades were used, indicated it was not the result of spontaneous anger due to the video, called Innocence of Muslims. Patrick Kennedy, Under-Secretary at the State Department, said he was convinced the assault was planned due to its extensive nature and the proliferation of weapons.

There is growing belief that the attack was in revenge for the killing in a drone strike in Pakistan of Mohammed Hassan Qaed, an al-Qa'ida operative who was, as his nom-de-guerre Abu Yahya al-Libi suggests, from Libya, and timed for the anniversary of the 11 September attacks....

According to security sources the consulate had been given a "health check" in preparation for any violence connected to the 9/11 anniversary. In the event, the perimeter was breached within 15 minutes of an angry crowd starting to attack it at around 10pm on Tuesday night. There was, according to witnesses, little defence put up by the 30 or more local guards meant to protect the staff. Ali Fetori, a 59-year-old accountant who lives near by, said: "The security people just all ran away and the people in charge were the young men with guns and bombs."

Wissam Buhmeid, the commander of the Tripoli government-sanctioned Libya's Shield Brigade, effectively a police force for Benghazi, maintained that it was anger over the Mohamed video which made the guards abandon their post. "There were definitely people from the security forces who let the attack happen because they were themselves offended by the film; they would absolutely put their loyalty to the Prophet over the consulate. The deaths are all nothing compared to insulting the Prophet."....

An eight-strong American rescue team was sent from Tripoli and taken by troops under Captain Fathi al- Obeidi, of the February 17 Brigade, to the secret safe house to extract around 40 US staff. The building then came under fire from heavy weapons. "I don't know how they found the place to carry out the attack. It was planned, the accuracy with which the mortars hit us was too good for any ordinary revolutionaries," said Captain Obeidi. "It began to rain down on us, about six mortars fell directly on the path to the villa."..." Article

This was not about any film. The U.S. government denies this story is true and it had no warnings about any impending violence or attack. One other thing. There was a story that spread like wildfire across the internet and made it to some media outlets yesterday about the Marines in Egypt were not allowed to carry ammo. ALL of those stories trace back to one story on a website called "The Nightwatch". The post cites "Marine Corps blogs" but never post any links, quotes, screenshots, anything. Nothing is actually cited. Until something else pops up, and given the media interest if its true it will, I'm not buying it until I see some more evidence. It might be true but vague unnamed reports on the internet aren't going to do it for me.

Meanwhile the Jerusalem Post reports on Egyptian warnings:

"Egypt's General Intelligence Service warned that a jihadi group is planning to launch terrorist attacks against the US and Israeli embassies in Cairo, according to a report Tuesday by Egypt Independent, citing a secret letter obtained by Al-Masry Al-Youm.

According to the report, the attack is being planned by Global Jihad, the group suspected of killing 16 Egyptian border guards in Sinai on August 5.

Al-Masry Al-Youm reportedly obtained a copy of the September 4 letter, sent to all Egyptian security sectors, warning that Sinai- and Gaza-based Global Jihad cells were planning attacks on the two embassies.

Egypt's military is engaged in an ongoing campaign to root out Sinai-based terrorists..." Article

Time will tell how true this stories are.

He has a few things to say about white liberals below.

Yesterday was open lines. First quarter I talked about Madison and Rankin raising taxes. Then it was on to the middle east. Second half hour we talked about mayor's race, Precious Martin v. Dennis Sweet, and Judge Wingate.

Raymond Ethan Thomas pleaded guilty to one count of tampering with a government record in Travis County, Texas on August 31. The court sentenced him to 120 days with credit for time served of a little over two months. Mr. Thomas was arrested last year by federal marshals in the Reunion subdivision where he lives. The arrest was widely reported by local news media. Mr. Thomas previously served 13 months while in college for perjury, after he was caught planting drugs on a college student. Mr. Thomas was a police officer at the time. Earlier post

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.

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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.