Jackson Free Press

Jackson, MS – Five Mississippi school districts have joined the fight to recover their share of almost $134 million owed to them by the State of Mississippi under the Mississippi Adequate Education Program (“MAEP”).

Greene County, Humphreys County, Leland, North Bolivar and West Bolivar, join Clarksdale, Clay County, Greenville, Hattiesburg, Leake County, Okolona, Prentiss County, Richton, Simpson County, Smith County, Tate County, Wayne County, West Tallahatchie and Wilkinson County in seeking declaratory judgment to restore funding owed to them by the State. Previous release reported Forest Municipal would join legal action. School Board representatives have confirmed they will not.

The new districts will be joined into the same legal action with the original fourteen districts that filed legal claims in Hinds County Chancery Court in August. The districts allege the State of Mississippi has violated its own laws requiring full funding of the MAEP formula as amended in 2006. The law allowed the State a three-year period – 2007 through 2009 – to phase in full funding to the amounts called for by the formula.

The legal action also seeks to require the State to fully fund MAEP at the current formula levels the law requires. The State of Mississippi has failed to fully fund MAEP in every fiscal year since 2010.

As noted previously, under Miss. Code Ann. § 37-151-6, the law clearly reads:

Effective with fiscal year 2007, the Legislature shall fully fund the Mississippi Adequate Education Program.

Under Mississippi law, use of the word “shall” imposes a legal and binding agreement with the people of Mississippi. It is compulsory and provides no room for interpretation by the State. If the court rules that use of the word “shall” is open to interpretation, the State would be unable to make people pay their taxes, prosecute hundreds of crimes, or truly function as a government.

During the most recent legislative session, the State placed over $400 million in its “Rainy Day Fund” while underfunding education by more than $250 million. Filing for declaratory and injunctive relief is the only way for school districts to recover the money that has been kept from them over the past 6 years. These districts are also seeking injunctive relief to require the State resume full funding of MAEP for all districts going forward – not just those that have joined in the lawsuit.

Now that the suit has been filed, school districts that have not already joined the legal action may do so without court permission until the State’s answer is due. The Attorney General must answer on behalf of the State on or before September 29. After filing of the answer, remaining districts may only join after court permission is granted. School districts that fail to file for legal action may lose the right to recover any of the lost revenue.

For additional information, contact George Shelton at (601) 927-3044 or [email protected]. You may also find more information at www.maeppromisecampaign.com or go to www.facebook.com/mississippiadequateeducationpromise.

Under state law, a violation of any candidate's campaign-finance disclosure requirement could result in the state withholding certification of nomination, withholding salary of office, and a misdemeanor conviction that carries up to six months in jail and a fine of up to $3,000.

But the city hasn't seemed interested in enforcing those election rules. Mayoral candidate Chokwe Lumumba was a month late on the 2012 report, and filed his pre-primary election report, due Tuesday, April 30, on Election Day, May 7.

Similarly, the Jackson 20/20 PAC, which is strongly backing Jonathan Lee, did not file its pre-primary report until the day before primary day, six days late.

Lumumba and the 20/20 PAC will get a shot at redemption tomorrow, when reports covering any money raised or spent by candidates from April 28 through May 11 are due by 5 p.m.

After that, the 48-hour reports should be pouring in.

Ward 2 Councilman-elect Melvin Priester, Jr. , Ward 7 Councilwoman Margaret Barrett-Simon and incumbent Mayor Harvey Johnson Jr. all filed 48-hour reports last week, but they were the only ones.

Under Mississippi Sunshine Laws, candidates seeking the nomination of a party in a municipal election must file a report with the city clerk if they receive any donations of $200 or more after the tenth day, but more than 48 hours before 12:01 a.m. on the day of the election.

In English, that means that if a candidate gets a single contribution of more than $200 (which both mayoral candidates in the runoff have received consistently) then they would have to notify the City Clerk's office within 48 hours of receiving the donation.

We're hopeful all this information will be readily available, and we're ready to update the site as we receive them. Another special thanks to the Jackson City Clerk's office, which has been professional and helpful from the start of this process back in January.

Verbatim press release from Attorney General Jim Hood:

Jackson, MS—Attorney General Jim Hood today filed a petition requesting the Supreme Court of Mississippi to do away with a restraining order issued by the Hinds County Circuit Court late Friday enjoining the State’s new law regulating the carrying of concealed weapons.

Representing the state in today’s filing, Attorney General Hood contends “the Circuit Court’s order violated the separation of powers mandated between co-equal branches in Article 1 of the Constitution by usurping the authority of the legislature to regulate the carrying of concealed weapons. The order also infringes on the citizens’ right to bear arms recognized by Article 3, Section 12 of the Mississippi Constitution and the Second Amendment to the United States Constitution.”

The filing also contends that “plantiffs unquestionably delayed seeking emergency judicial relief for some 116 days after the law was signed by the Governor” with no valid excuse and waited until “literally the last hour of the last business day” leaving the State little time, only 30 minutes, to prepare its oral argument before the Circuit Court concerning the injunction. The Attorney General requests the court to overturn the preliminary injunction on several grounds including that 1) the plantiffs have no likelihood of success in proving House Bill 2 to be unconstitutional, 2) because the plantiffs requested relief infringes on the Constitutional authority of the Legislature and 3) because the requested relief infringes on the right of citizens to bear arms guaranteed by the Mississippi and United States Constitutions.

“It is my duty as the chief legal officer of this state to defend our state laws and our citizen’s constitutional rights,” said Attorney General Hood. “Our office continues to advise law enforcement officers and city officials as to the changes they will see with this new law. We will work through the issues as they arise, but this current issues is simply a matter of proper jurisdiction and basic constitutional rights.”

The Court has required the plantiffs to file their response to the State’s petition by 5pm today. The Attorney General’s Office awaits the plantiffs’ response and the Supreme Court’s decision.