Jackson Jambalaya

The Mississippi Supreme Court threw out the Public Service Commission approval for the Kemper plant:


IN THE SUPREME COURT OF MISSISSIPPI
NO. 2011-CA-00350-SCT
SIERRA CLUB
v.
MISSISSIPPI PUBLIC SERVICE COMMISSION
AND MISSISSIPPI POWER COMPANY, INC.
DATE OF JUDGMENT: 02/28/2011
TRIAL JUDGE: HON. JAMES B. PERSONS
COURT FROM WHICH APPEALED: HARRISON COUNTY CHANCERY COURT
ATTORNEY FOR APPELLANT: ROBERT B. WIYGUL
ATTORNEYS FOR APPELLEES: OFFICE OF THE ATTORNEY GENERAL
BY: JUSTIN L. MATHENY
L. CHRISTOPHER LOMAX
HAROLD EDWARD PIZZETTA, III
SHAWN STEPHEN SHURDEN
LEO ERNEST MANUEL
BEN HARRY STONE
TIM A. FORD
WILLIAM L. SMITH
RICKY J. COX
NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES
DISPOSITION: REVERSED AND REMANDED - 03/15/2012
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE DICKINSON, P.J., RANDOLPH AND PIERCE, JJ.
DICKINSON, PRESIDING JUSTICE, FOR THE COURT:

¶1. The Mississippi Power Company (“MPC”) applied to the Mississippi Public Service
Commission (“Commission”) for permission to proceed with construction of a new power
generation facility that would employ a new technology not in operation anywhere else in the United States, and to begin assessing the cost of construction (capped at $2.88 billion) Miss. Code Ann. § 77-3-59 (Rev. 2009). to its current customers. The Sierra Club opposed the project before the Commission, but the Commission entered an order in favor of MPC. The Chancery Court of Harrison County affirmed, and the Sierra Club appealed.

¶2. When the Commission grants authority for such projects, Mississippi law requires it to make findings supporting its decision; and, according to the statute, the Commission’s findings must be “supported by substantial evidence presented” which “shall be in sufficient detail to enable [this] court on appeal to determine the controverted questions presented, and the basis of the commission's conclusion.”1 We find the Commission’s approval of the project fails to satisfy this requirement, so we reverse the chancery court’s judgment and the Commission’s order and remand to the Commission for further proceedings.
¶3. REVERSED AND REMANDED. WALLER, C.J., CARLSON, P.J., RANDOLPH, LAMAR, KITCHENS,
CHANDLER, PIERCE AND KING, JJ., CONCUR.

$2.4 billion plant. Big deal. Back to the drawing board. What is really interesting is how the market has changed since this plant was approved. The plant was supposed to produce gas from low-grade coal. Now thanks to fracking and other variables, the price of natural gas has dropped to a very low price, thus the question must be asked if this plant is still feasible. Stay tuned.

GOOD JOB HOUSE!!! The House just passed HB# 1382 in a unanimous vote. The bill makes it legal for students and employees to use dogs specially trained to detect changes in blood sugar in their owners. The dog starts touching the owner with his paw after detection. The bill states:

"The school board of any school district, county board of supervisors and any municipal governing authority may authorize the use of dogs with the ability to detect diabetes or any other illness or disability in any school or public place. The Legislature recognizes the necessity of school districts to provide reasonable accommodations to students who are diagnosed with diabetes, epilepsy or any other debilitating illness or disability. In providing such accommodations, the parent of a child with such illness or disability, together with the teacher and local school administrator, shall meet to develop a written 504 Plan consistent with the provisions of Chapter 23, Title 37, Mississippi Code of 1972, that would permit the use of service dogs in the school facility."

The House accepted an amendment that added "employees" to the language. The need for the bill arose after the Clarion-Ledger reported a teacher in Scott County was denied the use of her service dog. October 2011 post about school board denial, Clarion-Ledger story from Monday.

I've known Christina McCurdy, the teacher, for ten years and can attest her diabetes is real and severe. She has been a Type I diabetic since she was four years old. The cost for a machine to do what her dog does is $500 per month and does not do as good a job detecting blood sugar changes as does the dog. Jinx cost $25,000. You read that right. $25,000. Mrs. McCurdy was able to raise all but $6,000 through donations, grants, and other help. She worked for the remaining funds.

The school board denied her request and told her to get a letter from the doctor. Her doctor provided her with a letter explaining why she needed the dog and the costs for the dog and various alternatives. The school board denied the request a second time and again without explanation. The board attorney even told the school board any liability if the dog bit someone would fall on Mrs. McCurdy, not the school district so the liability issue is a non-starter. Its no secret Mississippi schools are not the most-friendly to the disabled as many parents have unfortunately discovered. Hopefully this bill will become law and be another step in fixing that problem.

Note: Dear Senate, please replace "may" with "shall".

House passed this bill last night:

"(3)(a)Except when a medical emergency exists that prevents compliance with this section, no person shall perform an abortion on a pregnant woman before determining if the unborn human individual that the pregnant woman is carrying has a detectable fetal heartbeat. Any person who performs an abortion on a pregnant woman based on the exception in this section shall note in the pregnant woman's medical records that a medical emergency necessitating the abortion existed." Rest of bill

Consider this an open thread on the bill.

Supertalk Mississippi (97.3 FM) sent out message yesterday in its daily email to listeners of The Gallo Radio Show:

"7:05 a.m. Have a group of Republican leaders stabbed conservatives? SB 2736 targets radio and tv stations advertising contracts in a bill that's referred to "under the Dome" as the SuperTalk Bill. Can't believe this is happening? Join me at 7 a.m. as we log the names for our own bit of history on the Ides of March! This is basically the same bill that was pushed by Billy McCoy, Jamie Franks and the Democrats to silence opposing views, except this time it's coming from a small group of Republicans!"

The irony here is simply too rich. Mr. Gallo accuses the Senate leadership of turning into Democrats. Oooooooooooook. Lets see how this all got started. Supertalk decided to get involved in Republican intraparty politics as it became the personal radio network for Phil Bryant and Billy Hewes last year. Supertalk stopped being a reliable conservative talk radio station but instead decided to attack other conservatives who just didn't happen to be on the Bryant team.

The lineup featured more guests from those two campaigns than their Republican opponents. Columnist Bryan Perry was booted off the air after he started working for the Dennis campaign while Bryant and Hewes cronies played Ed McMahon on a regular basis. Who can forget Mr. Gallo using Bill Minor columns to attack Tate Reeves? One of the more memorable episodes was when Tate Reeves appeared on the show but one would've never known it as Mr. Gallo talked over him, down to him, around him, and through him during the entire interview. Billy Hewes appeared on a regular basis. Then as fear set in as they realized Hewes would lose the race, the station went all-in for Hewes, pumping him constantly and slamming his opponent. Some sources told JJ the station owner was a Bryant ally, others said he was trying to play kingmaker in the Republican Party, and others have said he had no choice as the Bryant team forced him to do this if he wanted to keep his funding (Which I can totally believe knowing how one set of advisers around him operates.). It doesn't matter why Supertalk went after Reeves, the point is when you try to kill the king, you better kill the king. In Supertalk's case, it didn't kill the king and is now paying for it.

Even more ironic is the message whining about conservative backstabbing. Oh really? Last time I checked, conservatives were about limiting government and cutting spending, not corporate welfare. Seethespending.org reports state government agencies spent over $6.5 million in advertising dollars on Supertalk since 2004. So now a conservative, who advocates cutting spending and bashing liberal Democrats on a daily basis, is defending the government showering millions of dollars on a private business.

How many radio stations in Mississippi would love to get that advertising money? Tell you what Paul, why don't you put your money where your mouth is: Instead of trying to keep the gravy train for Supertalk, why don't you advocate the state bid out the contracts? You know, let Supertalk compete with the rest of the radio stations in Mississippi. The free market. Capitalism. The ideals you espouse 3 hours a day 5 days a week. Competitive bidding for government contracts is a true conservative position, if one is inclined to argue for state advertising. That is a conservative position or is bashing crony capitalism just limited to Billy McCoy and beef plants? To paraphrase Nietzsche, did Mr. Gallo look into the liberal abyss and become what he fought?

However, someone else has noticed this fight because a nice-sized ad appeared in yesterday's Clarion-Ledger (posted above). The ad was posted by some group called "Stop Mississippi Waste". The website is dedicated exclusively to cutting spending on first Supertalk and then all state advertising. The ad points out the $6.5 million spent on Supertalk and the website claims state government spent over $11 million in 2011 just on advertising. $6.5 million.

While everyone is whining about the bill, lets take a look at what this bill actually does:

1. No agency shall spend money advertising programs on radio or television.
2. Ban does not apply to programs funded by federal grants (anti-drug ads are one example)
3. This does not apply to free public service announcements provided by stations.
4. Bill does not apply to universities or junior colleges.
5. The bill does not apply to legal advertising or ads for employment.
6. Charges the State Personnel Board with establishing guidelines for the purchasing of all advertising, whether it be radio, tv, internet, or newspaper, by state agencies.

So thus the question that must be asked is this bill a "stabbing" of conservatives by conservatives? Is such advertising a gravy train for the well-connected? Can a conservative defend government spending millions of dollars on advertising with no bids? Mr. Gallo and his owner are big boys. When you get that kind of money, you can take that kind of heat. Supertalk is the station jumped into the middle of some nasty fights. Its somewhat hypocritical to complain about conservative "stabbing" when the station was teaming up with Bill Minor to attack conservatives on the air. Supertalk can defend receiving advertising money, just don't do it while hiding behind conservatism.

Once there was a troop named Dip. He was a cook in a National Guard unit that drilled at the Raymond Road armory. His name fit him....perfectly. He bought a brand new handgun. Dip was proud of it. So proud one drill he showed it off to the other weekend warriors in the parking lot. One soldier asked him if he should be more careful. "It might be loaded, Dip" he said. Dip said "No its not, watch this"....BOOM!!! Yup. Dumbass had a hot round. Needless to say, the post commander was not happy. Now I just have one question.

What is an Emergency Operations Center Director doing wearing a sidearm all the time? At least he had good taste, it being a Sig, but is there some reason he needs to be armed? Or have one unholstered in the courthouse? Just curious. Was he just horsing around? Cleaning the weapon? Had a "situation" develop? Just curious is all.

The action today is at Canton City Hall. The Clarion-Ledger reports:

"Whether Don Bates wins the Ward 2 alderman seat or meets Edward Thompson in a runoff March 27 will be settled when affidavit votes are counted today.

Three votes going Bates' way will bring him victory. To avoid a runoff, the top candidate must garner a majority of more than half the votes.

Bates was the top vote-getter with 271 after absentee votes were counted Tuesday night. Thompson garnered 102 votes after the unofficial tallies.

Others in the race were Johnny Lee Burse Jr. with 23 votes; Cal Bland Sr. with 10, and Natwassie Truly with 63.

Elections commission chairman Johnnie Rogers said the 78 affidavit ballots will be counted and certified this morning at Canton City Hall..." Article

Now for the rest of the story. Mr. Bates is the only white candidate in the race. It being Canton, Mayor Truly turned City Hall into a circus yesterday. He had Bates thrown out of City Hall. The District Attorney sent an investigator and the Secretary of State sent an employee to observe in the middle of the afternoon. The Attorney General sent a SID employee as well. Several sources said people who were not poll-workers and not caucasian were going through the poll books, writing down names, taking them out to the parking lot, and handing them off to people who would then leave. Its a pretty good guess they were not working for the Bates campaign.

Then there was the field trip from Canton Manor. Several sources said "care-givers" were bringing folks over from the nursing home who were clearly not in their right minds. The "care-givers" would vote for them, oops I meant assist them. What will be interesting today is the counting of the affidavit ballots. "Well you see, I now live here but I ussssssed to live over there". Yeah. The Mayor's wife needs to gain over forty votes to get into the runoff. This will be fun.

Charter school debate supposed to take place in the House today. You can watch the debate here. Session starts at 9:00 AM. Discussion should start a few minutes later according to sources in the House. Should be interesting, to say the least.

A sales rep at the Clarion-Ledger will be on the reality show The Bachelorette. Check it out for yourself

Yup. Mitt Romney won the JJ poll for the GOP primary. Here are the results:

Latest from Secretary of State on election day:

"No significant issues are being reported.

“Our Agency sent observers to thirty-two (32) counties. After checking with staff positioned across the State, light turnout is being reported,” says Secretary of State Delbert Hosemann. “A few hours of voting remain and I am hopeful Mississippians will head to the polls and cast a ballot for President.”

Lieutenant Governor Tate Reeves issued the following press release:

"STATE SENATE APPROVES BILL TO MANAGE BOND DEBT

JACKSON – The Mississippi Senate today passed legislation that would direct additional funds to pay off state debt and move toward reducing the state’s total debt, Lt. Gov. Tate Reeves announced today.

“We need to get control of the state’s debt, and this bill is one way we can do that and be responsible stewards of taxpayers’ money,” Lt. Gov. Reeves said. “Getting control of our debt means less money will have to be spent each year to pay debt service. With fewer tax dollars going to pay debt, we can spend more on our priorities like education and public safety.”

Senate Bill 2343 modifies repayments to a revolving loan fund at the Mississippi Development Authority, which is funded through bonds authorized by the Legislature. Currently, repayments of these bonds do not go toward debt service, but instead are recaptured by the revolving loan program. Senate Bill 2343 caps the program at $50 million and uses any repayments in excess of $50 million to pay debt service. MDA continues to rely on the $50 million program to lure economic development projects to Mississippi while easing the state’s debt burden. (Ed. Note: emphasis added by JJ)

The bill, sponsored by Sen. Joey Fillingane, is part of Lt. Gov. Reeves’ legislative agenda for the 2012 session."

Latest press release from Secretary of State on elections:

The Secretary of State’s Office has received approximately fifty (50) calls into our Elections Hotline regarding polling locations, congressional redistricting, and exit polling.

Light turnout has been reported.

Our Agency has been notified of the following problems as of the time of this release:

Claiborne County: No Republican Primary was being conducted as of 9:00 am.

Hinds County:
*No Republican Primary was being conducted at Marshall Elementary as of 9:00 am.
*The Oak Forrest Precinct did not open until 7:30 am.
*The Baker School Precinct did not open on time, and it is unclear if this precinct has opened.

Please note, party primaries are conducted by the Democratic and Republican Parties and not the Secretary of State’s Office.

Sheriff Tyrone Lewis filed a notice of appeal to Hinds County Circuit Judge Tomie Green in the past few minutes. Judge Green issued an injunction last month barring the Hinds County Sheriff from demoting, transferring or releasing any bailiffs without her consent. Judges Patricia Wise (Mother of the Board Attorney), Melvin Priester, and Bill Gowan (Formerly Sheriff McMillin's attorney)signed the order. Judge Green took the action after Sheriff Lewis attempted to transfer and demote some bailiffs who were not law enforcement certified.

Sheriff Lewis said he wants to replace the deputies with certified law enforcement personnel. There are only three bailiffs (out of thirty-one) who have graduated from a police training academy. Only one of the two captains, five sergeants, and three corporals is certified. Sheriff Lewis also said he preferred deputies with rank to be out in the field supervising instead of being in the courthouse all day. There are currently two bailiffs assigned to each judge in addition to those who handle security at the entrance to the courthouse.

*Judge Green's order refers to a previous order issued by the circuit court in 1996 establishing the rules and procedures for bailiffs serving Hinds County.The order states Sheriff Lewis entered special orders on February 15, 2012 that "adversely affected" bailiffs attached to the courts of Hinds County. Judge Green claims the orders also demote, transfer, and reduce the pay of said personnel without the "notice and consent of the Circuit Court of Hinds County." Judge Green decreed the orders are in direct violation of the 1996 order.

Judge Green also said the 1996 order states the Sheriff can not discharge bailiffs without the consent of the judge and must set their salaries on an "equitable basis" (See 1996 order posted below). The 1996 order states "Salaries for Court Bailiffs shall be set by the Sheriff on an equitable basis". The Sheriff told this correspondent he considered different levels of pay based upon certification to be equitable. The 1996 order refers to the bailiffs as "officers of the court" and said they "do not function as party of any law enforcement agency." The 1996 order states the bailiff is "a confidential employee of the judge" and the Sheriff "may remove" them for "good cause upon advice and consent of the judge."

It should be pointed out the orders do not cite any law from the Mississippi Code or Constitution nor is any case law mentioned. Section 19-25-19 of the Mississippi Code covers the hiring of deputies by the Sheriff:

"Every sheriff shall have power to appoint one or more deputies to assist him in carrying out the duties of his office, every such appointment to be in writing, to remove them at pleasure, and to fix their compensation, subject to the budget for the sheriff's office approved by the county board of supervisors. Such deputies shall have authority to do all the acts and duties enjoined upon their principals. Every deputy sheriff, except such as may be appointed to do a particular act only, before he enters on the duties of office, shall take and subscribe an oath faithfully to execute the office of deputy sheriff, according to the best of his skill and judgment. The appointment, with the certificate of the oath, shall be filed and preserved in the office of the clerk of the board of supervisors. All sheriffs shall be liable for the acts of their deputies, and for money collected by them. The circuit court, after a notice and a hearing, shall have power to remove such deputies and also bailiffs, upon a showing that the public interest will be served thereby. Each deputy sheriff shall be at least twenty-one (21) years of age, a qualified elector of the State of Mississippi, and shall not have been convicted of a felony. Prior to appointing any person a deputy sheriff, the sheriff shall determine that the proposed appointee is of good moral character and is capable of fairly and impartially enforcing the law of the State of Mississippi."

The Mississippi Attorney General issued an opinion on the matter of who has the power to hire and fire bailiffs in a 1998 opinion (Opinion No. 98-0687)*:

"Therefore, a deputy who is serving as bailiff may be removed from office at will by the sheriff or may be removed from office by a circuit judge after notice and a hearing, if the public interest will be served. There is no statutory provision that gives the court the authority to “veto” or invalidate a sheriff's decision to transfer a deputy serving as bailiff."

*Everything after this point is taken from earlier post linked below. Earlier post includes copy of order.

Editorial
Earlier post

The Department of Education set a hearing next month for the Jackson Public School System to present its case for keeping its accreditation. The state placed JPS on probation for problems in its special ed programs. JPS was placed on a corrective action plan of one year in 2010. The term expired in 2011 with no improvement. The meeting today was not to discuss whether the state should revoke accreditation but to determine what the next step should be since the district is not compliant with special education guidelines. The board unanimously voted to give JPS a chance to present its case on April 26 at 10:00 AM. No one from Jackson Public School District appeared at today's meeting (See 23:30 of video).

The problem began in 2010 when the Southern Poverty Law Center filed a complaint against JPS with the Department of Education for discrimination against students with disabilities. The complaint alleged a "systemic" problem in the special education program. Copy of complaint. The state conducted on "on site" investigation in October and determined JPS violated state and federal regulations for special needs students. The state placed the district on probation and ordered it to submit an improvement plan. The state gave the district twelve months to become compliant. The term expired last November with the district still not in compliance.

State Superintendent Tom Burhnam sent a letter to JPS Superintendent Dr. Jayne Sargeant on February 23 notifying her of pending sanctions. Assistant Superintendent for Special Education Ann Moore told the panel there was "a great deal of resistance initially" from JPS but cooperation improved after Dr. Sargeant became interim Superintendent. Ms. Moore said the district hired a new Director of Special Education and the relationship was "excellent". However, Ms. Moore said federal guidelines mandated stronger sanctions be imposed on the district if it failed to meet certain standards. The panel voted to set April 26 as the date for the district to present its case. No decision was made about taking action on the district's accreditation.

The Department of Education also said the Jackson Public School District is in violation of two other standards for maintaining accreditation. The district has not submitted an audit as required by law since 2009. There are no audits of JPS for 2010 and 2011 fiscal years. The State Auditor's website reports 54 school districts have submitted audits for fiscal year 2011, including Desoto County. The district also "has failed to report unexcused absences" as required by the state.

Nancy Pelosi's daughter comes to Mississippi and records some of our um, less enlightened unwashed bretheren. Mr. Maher has an even more enlightened discussion with a panel after viewing the video. Worthy of Ted Koppel. Enjoy the video below.

Apparently if you sit on the Jackson City Council you need to be a psychic to know what Mayor Harvey means. WLBT reported last week the U.S. Department of Labor is investigating JPD. The council was quite surprised to learn about this fact and wanted to know why they were not informed about the investigation by the Mayor. The Mayor said he told them last month. Well, actually what he told them was the city had been in "contact" with the federal government. So that's what they call it now. Cheryl Lasseter has a good exchange with the Mayor in this report where she corrects him on what he told the city council:Link to video.

Here is the letter from Department of Labor.

Here are the latest crime stats and reports for Jackson, Madison, and Byram.

Jackson crime stats for week ending March 4, 2012

Jackson major crimes overview for week ending March 4, 2012.

Byram crime reports through March 3, 2012.

City of Madison crime reports through March 7, 2012.

Our favorite school board member, Dr. George Schimmel of Jackson Public Schools, is at it again in the Clarion-Ledger. The newspaper published a letter from the esteemed doctor yesterday:

"A less obvious consequence of charter school bills moving through the Legislature is the further politicization of public education.

The majority of appointees to charter school authorizing boards will be political appointees. Who starts a charter school and where it starts will be strongly influenced by who knows whom and who has what political connections.

Toward this end, entities wanting to begin charter schools will lobby those who have influence with an authorizing agent. The strength of a proposed charter will matter less than the relationships of the persons making the proposal.

Property owners will lobby legislators and local politicians to have schools located in their buildings or on their land. Some neighborhood organizations will seek charter schools to attract families. Charter groups will wine and dine appointees of authorizing boards in an effort to promote their vision. Education of all children will not be at the forefront. Political wants will be.

Politics will also influence which charter schools survive. Current legislation does not mandate the closure of a failing charter school. The ultimate decision rests with the authorizing board. Politics will be the final arbiter of which schools continue.

This added politicization of public education is not likely to benefit the majority of Mississippi's children. Those children with no voice will lose the most.

George Schimmel"

The doctor thus discovers politics and the fact it might appear in education and that could be a bad thing. Never mind all the fancy games of footsie that go on between current school boards and contractors. What about all the money spent by Parents for Public Schools on lobbying, oops I meant creating the Parents' Campaign? Jackson Public Schools wasting a bond issue. The horse-trading that goes on in obtaining an appointment from a Mayor to a school board. Pine straw. Hiring of family members. Notice David Hampton, the husband of the PR Director for Jackson Public Schools, doesn't publish the fact Dr. Schimmel is a member of the Jackson School Board. Where are the letters or statements from Dr. Schimmel about the failure of the Jackson public school system? The pitiful graduation rates or report cards?

While Dr. Schimmel worries about charter schools, perhaps he should instead worry about JPS losing its accreditation:

"The almost 30,000 Jackson Public Schools students could lose out on sports, cheerleading and other competitive extra-curricular activities if the district's accreditation is withdrawn.

The state Commission on School Accreditation will meet Monday to decide whether to give JPS leaders a chance to make the case for why the district's accreditation should not be withdrawn.

The district's current accreditation status is probation, one step before withdrawal.

If the district's accreditation is withdrawn, that would be a first for Mississippi's public K-12 schools.." Article

Pathetic but no surprise when all but one middle school and one high school are below the successful rating. No surprise at all when two high schools graduate less than 40% of their male students in four years. A parent's comment shows exactly why the school system is in trouble. James Richardson is a founding member of the advocacy group Parents for Better Play. In his mind, its all about the sports:

"James Richardson, a member of a group that has been petitioning the state and federal education departments to get equitable athletic opportunities for JPS students, asked, "How are you going to take something away from someone when they didn't have it in the first place?" JPS students still lack adequate places to practice, he said. JPS already offers just a fraction of the sports available in other districts, Richardson said. "That's not right. But that never gets put in the papers," he said. All students can't play basketball and football, he said. Take away sports, and students have nothing else to do but drop out, he said."

Someone should tell this clown schools are for learning and participating in sports at school is a privilege, not a right. The kids are not graduating. They are not learning. They are already dropping out. But hey, no problem, its all about the sports. They may not be able to get a job or read and write but damn, they'll be able to pass that basketball at age forty. But don't worry about it, Richardson and his ilk will just blame Republicans and racism for not being able to get ahead. Pretty easy to fail when you already have the excuses manufactured. However, there is not one complaint out of Mr. Richardson for the abolition of most gifted and talented programs in Jackson public schools.

The Jackson Free Press reported a year ago (Good story that is worth reading) JPS dropped programs for the gifted and talented in all but one high school and middle school. Not one peep out of the black community about that problem. It does see it as a problem, doesn't it? No groups are founded to bring back those programs. No letters written by Dr. Schimmel. Nancy Loome isn't sending out emails in protest every week. No editorials by David Hampton or columns of outrage by Claiborne Barksdale. Perfect example of why a school system is failing. The community goes beserk over charter schools or losing football teams but nary a peep over kids not graduating or schools failing. The state should revoke the accreditation for the Jackson public school system if it deserves it as its clear the local community refuses to hold it accountable. Its about time someone put his foot down and said enough!


Information on Jackson Public Schools posted previously on this website:
Elementary Schools (33)
Star: 2
High Performing: 7
Successful: 6
Academic Watch: 8
Low Performing:
At risk of failing: 10
Failing:

Middle Schools (9)
Star:
High Performing:
Successful: 1
Academic Watch: 6
Low Performing
At risk of failing:2
Failing

High Schools (8)
Star:
High Performing:
Successful: 1
Academic Watch: 5
Low Performing
At risk of failing: 2
Failing

% of total schools at Academic Watch or below: 66%
% of elementary schools at Academic Watch or below: 55%
% of middle & high schools at Academic Watch or below: 88%


Graduation rates (Male graduation rate in parenthesis)

Bailey Magnet: 74% (68%)
Callaway: 59% (50)
Forest Hill: 56%(49%)
Jim Hill: 66% (59%)
Lanier: 56% (54%)
Murrah: 74% (69%)
Provine: 49% (38%)
Wingfield: 50% (36%)

Now lets look at the dropout rates for the same group with the black male students in parenthesis:
Bailey Magnet School: 12% (13%)
Callaway: 28% (38%)
Forest Hill: 20% (24%)
Jim Hill: 22% (23%)
Lanier: 20% (19%)
Murrah: 15% (18%)
Provine: 37% (43%)
Wingfield: 31% (38%)

Looking for a good movie tonight? Here is a good one and a legal thriller to boot: Judgment at Nuremberg. Found the entire movie on Youtube. Maximilian Schell, Spencer Tracy, Burt Lancaster, Richard Widmark, Marlene Dietrich, Montgomery Clift (EXCELLENT performance), and a young William Shatner. Movie won several Oscars and has courtroom drama which is hard to beat.

If you have not seen the movie before, the film centers around the trial of four judges who served under the Nazi regime. Attention is given to them because all but one were learned jurists before Hitler came to power, and yet went along with the regime when they should have known better. They sentenced men to death they knew were innocent, sentenced forced sterilization of political opponents of the Nazis, and approved other sentences. The last line spoken by Spencer Tracy is one for the books. Enjoy.



And if the movie is too tame for you, here is the link to last night's episode of Spartacus: Vengeance. Full video of episode 7. NOTHING is safe for work or kids about this show so do not say you were not warned.

Here is an interesting part of the code pertaining to the issuance of bonds:

SEC. 21-33-307. Initiating procedures for issuance of bonds.

Before issuing any bonds for any of the purposes enumerated in Section 21-33-301, the governing authority of the issuing municipality shall adopt a resolution declaring its intention so to do, stating the amount of bonds proposed to be issued and the purpose for which the bonds are to be issued, and the date upon which the aforesaid authority proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such municipality. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the issuance of the bonds, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper be published in such municipality, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such municipality and, in addition, by posting a copy of such resolution for at least twenty-one (21) days next preceding the date fixed therein at three (3) public places in such municipality. The publication of the resolution may be made as provided in Section 21-17-19. If ten percent (10%) of the qualified electors of the municipality, or fifteen hundred (1500), whichever is the lesser, shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the bonds shall be called and held as is provided in Section 21-33-309.

Joyce Jackson filed a lawsuit in Hinds County Circuit Court last week challenging her loss to LaRita Cooper-Stokes. Ms. Cooper-Stokes is the wife of Kenneth Stokes. No need for me to write up something about this lawsuit. Read it for yourself as it's only five pages. I will only say it manages to be both funny and sad at the same time. Enjoy.

Vote in poll on right side of page. Who do you support, Romney? Newt? Santorum? Paul? Vote early and often.

Here is another report on the proposed fee increase for Pepsi Pops and Dragonboat Regatta by the Rez Board which was rescinded last month.

The Mississippi Supreme Court just issued an order dissolving the temporary restraining order granted to Attorney General Jim Hood. The TRO blocked the pardons granted by then-Governor Haley Barbour. Hinds County Circuit Judge Tomie Green granted Hood's request and blocked the release of several pardonees. The Supreme Court's action should allow them to go free. The vote was 6-3. Chief Justice Waller, Justice Pierce, and Justice Randolph dissented.

Dilday and Watkins go at it over the Farish Street project. Get some beer and popcorn.

Hinds County Supervisor Peggy Hobson-Calhoun took Mayor Harvey Johnson to the woodshed in this little soliloquy Monday. Said a few things that needed to be said. She was responding to Kenneth Stokes' charges that the Mayor opposed the Byram-Clinton corridor, no work had begun on the project, and it would never be finished. Worth watching. Enjoy the video below.



Here is a Similar exchange a few weeks ago. First clip.

A Madison County grand jury indicted disbarred attorney Vann Leonard on four counts of embezzlement on February 1, 2012. Mr. Leonard was served with the indictment yesterday.

The indictment charges the disgraced attorney embezzled from Hitesh Desai, Kimberly Thomas, Edward Williamson, and Darrell Varner. Mr. Leonard was entrusted with money belonging to these clients and is accused of converting the money for his own use. It is not known how much money was allegedly embezzled by the former attorney. Mr. Leonard is charged under the embezzlement statute, 97-11-25, instead of fraud. Embezzlement carries a maximum sentence of twenty years in prison and/or a $5,000 fine. Fraud only carries a ten year sentence.

Vann Leonard pleaded guilty in federal court to several charges of mail and wire fraud in January. He currently awaits sentencing. Mr. Leonard has resided at the Rankin County jail since May 2011 after Chancery Judge Grant incarcerated him after finding him in contempt of court. Mr. Leonard was accused of embezzling from the Downing estate and did not return the money in question when ordered to so by Judge Grant. Mr. Leonard pleaded guilty a year ago to embezzling $327,000 from the bankruptcy estate of Shirley Douglas in the Northern District of Mississippi (Federal). Mr. Leonard remained free pending sentencing until jailed by Judge Grant. Mr. Leonard's federal sentence will apparently not being to run until he is released from the Rankin County jail. Mr. Leonard was indicted by a Rankin County grand jury for embezzlement in the Downing estate.

The AT&T bill passed the House Public Utilities Committee last week but its companion piece in the Senate (SB# 2778) died in committee yesterday. HB# 825 next faces a floor vote in the House. Copy of HB# 825.

HB# 825 passed on a 9-4 vote after Representative Mettetal explained the committee version of the bill at times and lectured them at others. The bill removes regulation of phone service from the Public Service Commission but allows them to take complaints. Unfortunately for the consumer, the bill does not allow the PSC to actually do anything but take the complaint. The PSC would also no longer have any control over rate hikes. No opposition was offered. Chairman Beckett refused to allow any comments in opposition to the bill. One of the more interesting scenes took place after adjournment when superlobbyist Beth Clay went over and gave Representative Johnny Stringer quite a bit of grief over his asking for a recording of the votes.



Although cellphone service is not regulated by the PSC, landlines atill are. State law requires AT&T to be a carrier of last resort for rural areas. Opponents fear AT&T will terminate landline coverage for those in rural areas. It should also be pointed out E911 funding heavily depends on the taxing of landline phone bills. E911 funds are used by counties and cities to fund all radio and 911 equipment purchases for police and fire protection. No replacement means of funding has been offered in the AT&T bill.

All three Public Service Commissioners strongly oppose this bill. The bill is also opposed by the cable companies, small phone companies, consumer advocates, and the AARP.*


*AARP letter to Chairman Beckett:


Dear Chairman Beckett:

The 276,000 members and volunteers of AARP Mississippi oppose HB825 and AT&T’s efforts to free itself from any oversight by the Mississippi Public Service Commission. Since our conversation yesterday, experts have reviewed the bill further and we must oppose the bill in its entirety.

While we acknowledge that modern technology has moved society away from the use of single land lines, we still have many seniors in Mississippi who rely on a single land line as their sole source of communications to the outside world. This is especially true in poorer areas of the state, such as the Mississippi Delta, where wireless signals are weak and sketchy at best.

Absent oversight by the Mississippi Public Service Commission, AT&T may drop those on fixed and low incomes (primarily seniors in Mississippi,) those in hard-to-serve locations, and those for whom the cost of service does not justify continued service absent the legal obligation to do so.

In addition, HB825 would force Mississippians to file complaints about their telephone services with a faceless, computer driven system in Washington, DC rather than speak with a PSC staffer in Jackson or other offices around Mississippi. The most technologically savvy among us would attest to our frustration and dissatisfaction in dealing with computer-manned customer service systems. That frustration and dissatisfaction is multiplied for many seniors because they do not understand, or are unable to use technology in this fashion. And while the Mississippi Public Service Commission does not have the enforcement tools to address customer complaints, a call from the PSC to the carrier carries much more weight than any impersonal contact from Washington, DC, assuming there is any follow-up at all from bureaucrats in a government and city which we all consider dysfunctional at best.

We appreciate your consideration. AARP MS has made defeating HB825 a top priority this year and we will be mobilizing our members and assets to insure continued telephone service for our seniors.

Sincerely,

Kurt L. Hellmann
Director of Government Affairs

Editorial: AT&T bill is too much too fast
Bill may cut money for police and fire E911 funds

The Center for Education Innovation operates as a Mississippi non-profit corporation. The center was established in 2008 and is dedicated to improving "education in Mississippi through community and family engagement, early childhood education, teacher quality, and development."* The center received $5.7 million in revenue in 2010. However, $3.5 million of the revenue came from the Mississippi Department of Education (p.13 of the 2010 tax return). Website

CEI was formed in 2008 and obtained several large grants from AT&T and the Kellog Foundation. The Kellog Foundation awarded a grant of $16,286,790 in 2011 to the company. Seethespending.org reports CEI received $1,084,694 in fiscal year 2011 from the Department of Human Services. The Department of Finance & Administration's website reports $814,355 has been paid to CEI in fiscal year 2012 from the Department of Human Services. Neither website mentions any grants from the Department of Education.

The 2010 tax return state the Center for Education Innovation paid the following salaries and benefits packages:

Steven Williams (former Director): $120,250 ($7,792)
Rhea Williams-Bishop (Executive Director): $178,777 ($18,167)
Penny Bunch (Teacher Quality & Stud. Achievement): $164,327 ($16,000)
Dean Richards (Leadership & School Improvement): $168,724 ($16,000)

Mr. Williams retired after 28 years of service at the Department of Education in 2008. He served as Executive to the Superintendent and Director of Accountability. Board members receive no pay. Some of the board members are:

Hank Bounds (President)
Gregory Taylor (Director/Vice President)
William Payne (Director/Secretary/Treasurer)
Judy Frye (Director)
Judge James Graves (Director)

Mr. Bounds was once the State Superintendent of Education. The Center for Educational Innovation paid several contractors nearly a million dollars in 2010:

Godwin Group (Advertising): $229,632
Cascade Educational Consultants (consulting): $228,553
Joy Milam (Community Engagement): $161,050
Development Communications Assn. (Consulting): $152,520
Parents for Public Schools (Community Engagement): $114,327

Godwin Group is a local advertising agency. Ms. Milam served as Communications Director for the Department of Education. She retired after 27 years of service in 2008. She is now self- employed as an education management consultant.

I spoke to a Department of Education representative this morning and am awaiting more information. This post will be updated as it becomes available.






2008 Tax return
2009 Tax Return



*Description stated on 2010 tax return.

Lookie here at what passed a Senate committee today:

"(1) No state agency, as defined in Section 25-9-107(d), shall expend any appropriated funds for the purpose of advertising any program of the agency on radio or television. For purposes of this section, "advertising" shall mean the purchase of promotional time the purpose of which is to promote agency programs and activities. Any contract entered into between an agency and a radio or television broadcaster, or any agent hired by the agency, to buy radio or television time for advertising shall be void and unenforceable." Rest of bill

Um....no comment. Must..resist....making....a....comment.

Here is the latest from the Public School Lobby's campaign against charter schools. Parents' Campaign Executive Director Nancy Loome sent out this epistle yesterday:

"Just a quick update...

House and Senate committees are working hard to meet tomorrow's deadline for passing out of committee the bills that originated within their own chambers. Any bills not passed out of committee by tomorrow will die on the calendar.

Therefore, the full House has not yet taken up HB 888, the House charter school bill.

We are getting lots of feedback that your calls, emails, and letters are having quite an impact. Constituents are speaking and legislators appear to be listening. There are indications that a majority of House members agree that the charter bill contains troubling language that could create more problems than it will solve. However, they are getting enormous pressure from lobbyists and others to push the bill through as it is written.

It is important that you stay in touch with your legislators. They need to know that they have their constituents' support to improve the House charter school bill with these amendments:

1. Restrict charters to chronically underperforming school zones - This amendment would focus charter schools where they are needed most and avoid creating more schools - more administrators, more buildings, more overhead - in places where we already have good public schools.
2. Prohibit virtual charter schools - Virtual charter schools are allowed in the House bill. Plenty of states that utilize charter schools do not allow virtual charter schools. The states that have allowed them have found that virtual charter organizations move student achievement backward while their executives pocket a fortune - in state tax dollars! Read about it here. We need to learn from the mistakes of others and prohibit these.
3. Identify a single authorizer - It is important that organizations with weak charter school applications not be able to "shop" for the most permissive authorizer. The research is clear that having a single authorizer that is well versed in public education standards and improvement initiatives is critical to engendering a successful charter school system.
4. Ensure that for-profit companies cannot run charter schools - Many businesses see this charter bill as an opportunity to "get a piece of the pie" and make a profit off of taxpayer dollars. We need to attract charter operators who are more concerned about educating children than they are about making a buck. New York had such a problem with this issue that they passed a bill to prohibit for-profit Education Management Organizations from running charter schools. We should include similar language in our law.

Mississippi children deserve good public schools. The charter school bill offers an opportunity to provide those who are trapped in underperforming schools with a better option - IF the charters are of high quality and IF they are focused where we need them.

We cannot afford a boondoggle that wastes taxpayer dollars putting questionable charter schools where we already have good public schools.

Please keep sending that message. We must be as persistent as those who are out to game the system so that they can make a profit off of state dollars. For them, lots of money is at stake. For us, our children's future is at stake.

Let's get this bill amended and create a strong charter school system that will improve student achievement. Our kids are counting on us!

Gratefully,

Nancy"

Then the MEA is having its legislative scrambler tomorrow:

"MEC’s third Legislative Scrambler of the 2012 session is tomorrow, Wednesday, March 7, at the Mississippi Art Museum from 7:30-8:30 a.m...

The topic will be Education, featuring Senate Education Chair Gray Tollison and House Education Chair John Moore.

There is no cost to attend thanks to the generous sponsorship of the Mississippi Association of Educators.

Coffee will be ready by 7:15 a.m., the breakfast buffet opens at 7:30 and the program begins at 8. We will end no later than 8:30.

One other note, if you are attending the breakfast, a Jackson Police Department officer will be on site to assist with parking. For a map of parking go to www.mec.ms and click on the Scrambler story.

Hope to see you on Wednesday.
Scott"

Seriously. I would like your opinion on something the city of Jackson has done. The pump monkeys at the Clarion-Ledger are celebrating the JRA's decision to approve a whole buncha bonds for Old Capitol Green, the Westin Hotel, the Iron Horse Grill, and of course, Farish Street:

"In a broad sweep, the Jackson City Council began the week by giving the Jackson Redevelopment Authority the go ahead to begin bond talks with developers of several major projects in downtown, including the Farish Street Entertainment District and the Old Capitol Green development.

As The Clarion-Ledger reported, the Farish Street group is seeking $8 million to help finish many of the buildings. The Old Capitol Green developer, Full Spectrum South, is seeking help with a parking garage that will service its office and retail space.

In addition, the Simpson Group plans to build a nine-story, 205-room Westin hotel at what is now the Mississippi Valley Title building at Tombigbee and West streets. The group is seeking $12.5 million for the hotel and another $2.5 million to renovate and re-open the Iron Horse Grill.

Actual bonds would have to be approved, but this moves the projects forward...

But these steps last week show that progess in Jackson is steady and positive. While $2.5 million here, $3.3 million there, another $12.5 million over there can seem to blur in the public's mind, the cumulative effect can be astounding." Article

They may blur in David Hampton's charter-school obsessed mind but not in mine. What do you really think of these projects and financing them with bonds? Why are we kicking in $2.5 million in bonds for a RESTAURANT??? Let them go get 100 investors as Jeff Good did when he founded Bravo! The hotel deal I can understand. Close to the convention center, gets rid of the Mississippi Valley Title building, and is much cheaper than the convention center hotel. Farish Street and Old Capitol Green? What do you think about those bond deals? I really want to know in the comments. Fire away.

Major fireworks at the Hinds BOS today between Stokes and Fisher. Uploading videos right now but trust me, its going to be good.

Still uploading and haven't been able to go through and find the spots that are good but needless to say, Kenneth Stokes goes at it with Phil Fisher and Peggy Hobson-Calhoun. Even calls Phil "stupid" at one point.

OK, here is what happened. The Board approved on a 3-2 vote in December to hire Malachi Financial Products (Porter Bingham) to be the "adviser" if the county sold bonds to finance the Byram-Clinton corridor project. You can guess how each supervisor voted. Fast forward to the last meeting. The only members present were Peggy, Phil, and Robert. You can guess what took place next. A quorum was present so they passed a motion on a 2-1 vote to terminate the relationship with Malachi for that project. What took place today was Doug Anderson placed rescinding the vote on the agenda.

There was a big fight over whether a motion to reconsider or rescind an earlier vote could be made by the losing side or those who were absent. They went round and round on Robert's Rules of Order until the board attorney told them they could indeed do so. Ms. Hobson-Calhoun pointed out they would pay at least $200,000 to Malachi to study the project even though the county's own Department of Economic Development could do it for $10,000. I'm not making this up. Kenneth Stokes jumped in and got real hostile...and loud.He said the project would never be completed. Harvey was against and would make sure it didn't happen, and they needed to pay Malachi the $200,000 to study the project. The motion to rescind the termination passed 3-2- Graham, Anderson, Stokes. Game over, right? Wrong.

The board later went into executive session. Mr. Stokes NEVER stays for executive session. He usually leaves the meeting, as he did today. Doug Anderson did not stay for the executive session either. Sooooo.... when they come out of executive session, its Peggy, Phil, and Robert. Peggy then makes a motion to reconsider the earlier vote in the meeting, its then rescinded by a 3-2 vote, terminating the deal with Malachi. Watch clip 7 posted below. It is VERY funny and EVERYONE there, including Mr. Graham, was laughing... loudly. Robert Graham kept laughing and saying "I knew y'all were going to do this". Mr. Stokes might should learn he should stay for the entire meeting instead of taking full-time pay for part-time work (Thank you Professor Jackson for that line.).

However, Kenneth and Phil sparred after the first round over Clinton-Byram corridor project but this fight was over a proposal Phil Fisher made over changing how the agenda is set. Needless to say, they went at it. I'll label the clips below for the good stuff. Enjoy.

Malachi discussion starts at 22:30. Peggy wastes no time laying into Malachi at 26:50 and pulls no punches.


Clip begins with Stokes attacking project. Peggy then sets him straight at 1:44. Peggy then lays into Mayor Harvey at 3:20. Worth watching. She then points out how he helps Madison and Rankin counties with some services but does not do the same for Hinds County (6:55). Damn. Watching it again. Curt is right, she is wearing out Harvey. Can't think of when the last time Harvey took something like this on the chin. Get ready Peggy, you just made an enemy out of the Jackson Free Press. Fisher than defends the project at 10:45 and attempts to impart some knowledge to Stokes, finding it to be a difficult task. Stokes blows up at 14:30. Stokes later makes faces like a two-year old as Fisher corrects him. Pretty funny.


Fisher & Stokes get into at 2:20. VERY entertaining.


Routine stuff. Hearing on converting private road to public for school bus turnaround. You can ignore this clip.


Supervisors grill Malachi again. This clip is worth watching for the first half.


Routine stuff.



The fun begins halfway into the clip when motion is made to rescind the earlier vote. Start at 5:05.

Yup. The Madison Board of Supervisors just voted 3-1 to rehire County Engineer Rudy Warnock. Paul Griffin, Karl Banks, and Gerald Steen voted to rehire Mr. Warnock. Newcomer Ronnie Lott voted no. Board President John Bell Crosby? He had another "engagement".

By the way, this matter was not on the agenda. Doesn't really bother me. People voted for this in Madison County last year, they got it.

Hinds County Circuit Judge Tomie Green withdrew her request to speak to the Hinds County Board of Supervisors about her dispute with Sheriff Tyrone Lewis. Judge Green and Sheriff Lewis are battling over who has control over the bailiffs in Hinds County. Judge Green asked to meet with the board. Sources tell this correspondent the Senior Circuit Judge sought to have the funding for the bailiffs transferred from the Sheriff's budget to her office. Earlier post with copy of order.

Judge Green issued an order on February 17, 2011 blocking the Sheriff from demoting, transferring, or reducing the salaries of any bailiff. Judges Patricia Wise (Mother of the Board Attorney), Melvin Priester, and Bill Gowan (Formerly Sheriff McMillin's attorney)signed the order. Judge Green took the action after Sheriff Lewis attempted to transfer and demote some bailiffs who were not law enforcement certified.

Editorial: That was the news. Now for the opinion. Sheriff Lewis has every right to run the bailiff program as he sees fit. Judge Green has no business whatsoever issuing an order as she did. Before we go any further, here are the facts. There are 31 bailiffs:

2 Captains
5 Sergeants
3 Corporals
21 Deputies

Only one captain and two deputies have been through a law enforcement academy. The Sheriff sought to reduce the number of bailiffs and replace the non-certified bailiffs with certified law enforcement officers. Sheriff Lewis also sought to have the number of bailiffs present in the courthouse reflect the actual needs of the courthouse at any time. The Sheriff told me if there were no hearings scheduled on a particular day, then the bailiffs' supervisor should be able to send the bailiffs to other duty outside of the courthouse.

There are only one or two bailiffs working the door at the courthouses in Madison and Rankin counties and one bailiff is assigned to work the courtroom. Hinds County assigns two bailiffs to each judge. Everyone has seen the 3-4 deputies that are present at each door. Sheriff Bailey told this correspondent in Rankin County they used retirees for bailiffs, dress them up in blue blazes like the federal bailiffs, and it seems to work just fine. As Sheriff Lewis said in the interview, Captains and Sergeants should be out supervising deputies, not sitting in a courthouse all day.

It should also be pointed out the Attorney General has twice ruled only the Sheriff can hire and fire the bailiffs, transfer them, change their pay, or reduce their rank. The Mississippi Code states they serve at his will and pleasure- he can fire them at any time. Judge Green forgets she is a judge and thinks the courthouse is her fief and all those who work there are her servants. This is a legitimate separation of powers issue and Sheriff Lewis should take Judge Green's order down to the Mississippi Supreme Court. one can only imagine how Chief Justice Bill Waller will handle such an order from Judge Green. Judge Green is wrong. Period. Sheriff Lewis should ignore her order and the higher courts should put her in her place.

Hinds County Chancery Judge Dewayne Thomas ordered Linus Shackelford to return several hundred thousand dollars to the estate of Demon McClinton Friday or face incarceration at a hearing scheduled for March 20. Judge Thomas decreed money from the estate was "illegally taken" by attorney Mike Brown and "invested or loaned to Mr. Shackelford and/or Lakeland Place LLC without court approval." Judge Thomas called the transaction an "illegal transfer".

Damon McClinton inherited $3 million when his mother, Rebecca Henry, died in 2000. Ms. Henry was the daughter of Mississippi civil rights legend Aaron Henry. Damon McClinton's father, Thomas, hired attorney Mike Brown to establish a guardianship for young McClinton. Then-Chancellor Stuart Robinson established a guardianship and ordered Mr. Brown to deposit the money in a bank account and decreed the money could not be withdrawn without court approval.

Judge Thomas ruled at a February hearing Mr. Brown never deposited the money in an account nor was one ever established. Judge Thomas threw Mr. Brown in jail after he could not account for the money. The attorney also claimed the file (he checked it out in 2006) and bank statements were destroyed when a water pipe burst in his office. Judge Thomas set bond at $100,000 at a later hearing. Mr. Brown made bail and is free.

Judge Thomas said in his findings Mike Brown "loaned" over $500,000 to Linus Shackelford out of Damon McClinton's estate. Mr. Shackelford owns Lakeland Garden Place cemetery on Lakeland Drive. Judge Thomas gave Mr. Shackelford 40 days to return the money to the estate or face jail at a hearing scheduled on March 20. The March 2 order states if the monies and interest are not returned, Mr. Shackelford "will have to show cause" why the Chancellor should not order his incarceration.

Earlier posts:
Attorney Mike Brown accused of embezzlement and jailed.
Bond set for attorney Mike Brown
Bar suspends Brown, Judge Grant grills attorney
Where is the money? Copy of file included.
More Shackelford shenanigans

*Note: JJ reported two years ago Mr. Brown was sanctioned by the Bar. From the Mississippi Lawyer:

"Michael J. Brown of Jackson: Public Reprimand. Entered into loan agreement with client. Loan was to finance another lawsuit by another client. Didn't advise clients to get second opinion on the transaction and the chances of success for the financed litigation and no recovery was made."

One of our soldiers (Lives in Petal) from B Co 1st 111th AVN put this video together from his tour. He will be home September 20 and sends this multipmedia postcard. Enjoy.

Time for the rest of the story. Jackson Free Press publisher Todd Stauffer lambasted the Clarion-Ledger for an alleged attempt to control advertising by local charities:

"Something interesting came to the attention of our advertising sales department during the production of this edition of the Spring Arts and Events Preview. It seems that The Clarion-Ledger is now telling some arts organizations that if they would like The Clarion-Ledger (or, presumably, their subsidiary publications, such as VIP Jackson) to sponsor a non-profit or charity event, then The Clarion-Ledger must be the "exclusive print sponsor" of that event.

In other words, no other print publication can give that non-profit discounted or donated advertising in support of that non-profit's event and be recognized for it.

Now, the Jackson Free Press isn't in a position to donate free advertising often, since selling ads is what pays our (ever-increasing!) bills, but we offer ads to non-profits for their events at sharply reduced rates, and we will frequently increase the size or frequency of the ads that they run when they recognize us as a "logo sponsor" or "media sponsor" of the event..." Column

Well, let met tell you the rest of the story. Sources at the Clarion-Ledger told this correspondent their version of what took place. A certain local non-profit that operates a well-known annual film festival in Jackson and also has Mr. Stauffer sitting on its advisory board (according to its website) approached the newspaper advertising the festival.* The newspaper tentatively agreed to provide free advertising in exchange for media sponsorship. So far, so good. Then the newspaper finds out that the festival is paying the JFP to insert flyers in an upcoming issue. Well, being the capitalist pigs they are, they didn't care too much for the festival paying another publication to advertise while they asked the newspaper to provide advertising for free while both were listed as media sponsors. That is where the so-called exclusive angle came in to play.

The CL said if they were going to play this game, then they expected to have exclusive print advertising. Think about it. They are expected to donate advertising while the charity pays a competitor and same charity is going to give the paid competitor equal billing for the event. From each according to his means....... Sources said the only policy the CL had on this matter said if a charity treats all media sponsors the same for an event, it has no problem advertising the event-whether they are paid or not paid. However, the rub comes in where one is paid and one is not but are given equal billing for the event.

A little bit different than what is portrayed in Mr. Stauffer's column. I have nothing against Mr. Stauffer, really don't. However, when he writes a column such as this one and sources I consider to be equally credible tell me a different story, I think their side deserves to be heard.

*I'm not mentioning the name of the festival as its a good cause and I do not want to see their name sullied in google searches when they don't have much to do with this story.

One of the groups opposing charter schools in Mississippi is Southern Echo. Southern Echo states on its website it is "working to empower the African-American Community through an inter-generation model of community organzing." The organization is led by Hollis Watkins, Leroy Johnson, Michael Sayer, and Brenda Hyde. Southern Echo website.

Southern Echo's 990 for 2010 reports it received $1.7 million in contributions and grants and overall revenue of $2 million. There are no extravagant salaries as seen at other non-profits. Six employees receive annual pay ranging from $58,000 to $77,000. I can report their leaders have attended all charter school activity at the legislature this year. Add one more group to the public school lobby: Parents for Public Schools, the Parents' Campaign, the Barksdale Reading Institute, the Clarion-Ledger editorial page, and Southern Echo.

Farewell to Amy McCullough. I hate writing these posts but its time to say goodbye to the star reporter of the Mississippi Business Journal as she moves on to better things in Texas. She's one of the best and most unheralded reporters in the Jackson area.

I first met her when I broke the Evans case. I'd been writing about it for several weeks when she contacted me. She wanted to meet me and learn about the case. So we met one afternoon and went over the details. Then I said if you really want to learn how to report this case, you need to know how to look up deeds and the like. So what was going to be an hour meeting turned into a trip to the courthouse in Canton where she learned how to read deeds of trust, do title searches, and other nuances of digging through land records. I'll never forget sitting outside the office building where Chris Evans hung out early in the morning with her so she could get a picture of him and quiz him about what were then accusations of fraud. He was surprised but kept on walking, stone faced, trying his best not to notice her. She moved on to the energy beat where she gave Haley, Entergy, and those behind the Kemper plant heartburn more than a few times. Needless to say, they are probably glad to see her go. She last wrote about the charter school fight in Mississippi.

She graduated from Jackson Academy and then from Texas. Probably the smartest reporter at any of the newspapers in Mississippi and she will be sorely missed. Here's to Amy McCullough and best wishes for bigger and better things.

Tried to get a copy of the agenda for Rankin County Board of Supervisors meeting Monday. No dice. Secretary said they were not even printed up yet and are not available until the meeting starts. Over in Madison and Hinds, they are already printed and posted on their websites. Nice to see open government in Rankin.

A person commenting on this site yesterday said he would like to donate but did not use paypal. If you want to donate but don' t trust the internet, you can mail donations to the office Pam Hancock, attorney. Makes checks payable to Jackson Jambalaya. Non-negotiable bearer bonds are welcome as well. Send to Pam Hancock, attorney, ATTN: Jackson Jambalaya, P.O. Box 2372 Madison MS 39130-2372. Thanks for reading and supporting the site.

The lawsuit filed by Karen Collins Irby against Charles Irby, Cal Wells, Stuart Irby, Jr., and Richard Montague has been reassigned to Hinds County Circuit Judge Jeff Weill. The case was assigned to Judge Tomie Green. Judge Green issued an order of recusal on February 29, 2012. Earlier post

Representative Rita Martinson had a few things to say during the House Education Committee vote on Wednsday. Her two-minute speech didn't pull any punches.



Sorry for the bad angles at times. Room was packed and I was taking the camera off of the tripod and then moving it so I could get a decent shot.

Update: Exhibits containing time records and other evidence provided by AG are published at bottom of this post. Grahams attorney responds to the Jackson Free Press in this interview. Her mantra is "Let the jury decide."

Original post on 2-29-12
Attorney General Jim Hood and State Auditor Stacey Pickering filed suit accused Hinds County Supervisor Robert Graham of fraud in a lawsuit filed yesterday in Hinds County Circuit Court. Mr. Graham is the President of the Board of Supervisors and owner of Professional Dispatch Management. The company provides training in 911 services. Mr. Graham was a dispatcher and spokesman for the Jackson Police Department until 2006.

The complaint charges Mr. Graham with using the city to copy Professional Dispatch training manuals. It is alleged Mr. Graham claimed they were used to teach classes for JPD personnel when in reality he was copying them for is own company. The company also used JPD to purchase 25 manuals for his business. Only 12 of the students who used those manuals were JPD employees. It alleges the rest of the students were not employees of the city of Jackson. The complaint does not stop with training manuals but also claims Mr. Graham taught classes for his company while "on the clock" for the city of Jackson. The AG and Auditor provided several exhibits composed of dozens of pages of time sheets and payroll records.

The complaint charges Mr. Graham with using "fraud and false representation" to defraud the city of Jackson to benefit himself and Professional Dispatch Management. The state claims he is personally liable for the repayment of the money and the investigation expenses. Mr. Pickering made a formal demand on May 25, 2011 for repayment. No repayment has been made. The suit asks for $23,818 to be repaid to Jackson, $10,008 in interest, and investigation costs of $11,909. The total amount claimed is $45,736. it should be pointed out this is a civil suit, not a criminal complaint.

Beer bill passes House 67-45
Sent via BlackBerry by AT&T

Update: Passed the House Public Utilities Committee 6-4.

AT&T is pushing a bill that will remove most of AT&T's services from state regulation. HB# 825 terminates the Public Service Commission's authority to supervise AT&T or treat it as a public utility. Have a complaint about AT&T? Call the federal government just as you do for the post office. Service problem? Call AT&T and experience the On The Road Tour, without Bob and Bing. Manila, Bombay, Bollywood even and the best part is, you don't have to leave home but get to do it on your phone with just one call, all presented by AT&T customer service and the Mississippi Legislature. Virtual schools & virtual travel - the AT&T and the Leg got this one.

Meanwhile, AT&T deployed their crack team of capital commandos to make sure the bill becomes law. AT&T spends over $440,000 a year on lobbyists, the best ones in the state, bar none. Their mean, they're connected, and although far from being lean, they get the job done. Their mission is to remove regulation of AT&T landlines so AT&T can raise rates without going through the Public Service Commission.

AT&T requested a rate increase in 2008 from the Public Service Commission. Not much data was provided to the PSC, AT&T just said "we want it and because we are AT&T, we should have it." The PSC rejected the proposed rate increase and the Mississippi Supreme Court backed them up in a unanimous decision. Well, AT&T didn't take its ball and go home but spent more money on lobbyists and went to conferences in locales such as Scottsdale so it could buy the food, the golf rounds, and the other little perks dear to a legislator's heart.

AT&T plays this game in other states over and over and over. California, Alabama, Kentucky, Tennessee, Florida, Ohio, Kansas.... like Sherman's march to the sea AT&T spreads the wealth, gins up the lobbying machine, and gets its deregulation bills passed by legislatures across the country. AT&T throws out the usual arguments: "Let the market decide." "We are regulated, our competitors are not." "Technology has passed the law". "We need a level playing field."

The result has been almost universal: AT&T raises the rates on its landline telephone service after deregulation takes place. Then after a while, the rate increases take place. This is one conservative who usually favors deregulation. Deregulation was good for the oil industry in the early 1980's. Deregulation was good for consumers overall after the AT&T decision. However, AT&T and other landline providers usually enjoy a monopoly in providing landline service. Only one company builds the system and maintains it. Sure, other companies offer it but they usually pay AT&T for the access to the equipment. While it is true AT&T's competitors are not regulated, it must be pointed out they do not enjoy profits generated by a monopoly either.

However, Ma Bell wants to have its cake and eat it too: The right to enjoy a monopoly AND the right to charge any price at any time. AT&T is required by law to provide telephone service to rural areas in Mississippi and even received a nice subsidy(over $260 million last year) to do so. In other states, AT&T has said it wanted to move such customers over to wireless if possible while pushing similar legislation. AT&T claims it has 30,000 rural landlines in Mississippi and its a safe bet these aren't as profitable as other phone service is for Ma Bell. If the HB# 888 passes, customers receiving such service can expect to pay for more expensive cellphone plans or higher rates for basic telephone service. I haven't even mentioned the comparison between cellphone service and landline services in rural areas.

Then there is the matter of E911 funds raised on this website last Sunday. Landline taxes pay for the funding of radio equipment for police and fire protection. If AT&T severs the landlines for rural customers or converts them to cellular, that is less revenue for their radios, 911 dispatch consoles, 911 computers, and similar equipment that is funded solely by landline taxes. Most counties (Unlike Hinds) have not treated their E911 money as a credit card but used them to support their police and fire departments - basic services everyone needs. It is no secret landline tax revenue is decreasing as more people use cellphones. This bill will accelerate the its decline while replacing it with nothing. Its clear no one has thought about the implications of this effect as no solutions are offered.

As stated earlier, AT&T wants the best of both worlds: monopoly power and unregulated pricing. Mississippi is still a poor and rural state. Thus for many residents the only telephone service available is through a regular phone line despite the claims of AT&T. The legislature needs to table this bill. AT&T and Mississippi are not going anywhere. The legislature should slow down, hold some hearings, give those interested in this issue a chance to make their concerns known, and then write a good bill- if one is needed. "Just because AT&T said so" is not a good reason for passing HB# 825.

Watch Representative Beckett in this interview with the Mississippi Business Journal. The Chairman of the House Public Utilities Committee doesn't exactly answer a question about what will happen if AT&T is no longer required to provide service to rural customers. Check out 2:25: