Should the Hinds County Board of Supervisors pay $40,000 to Derrick Johnson for redistricting voters in the county per his contract? Pete Perry, Chairman of the Hinds County Republican Executive Committee, told the Board in its regular meeting this morning Mr. Johnson's contract was not legal and he would go to court if necessary to block payment.
Note: Video of meeting and JFP interview posted below.
Update: Case law added to post
Mr. Perry said Mr. Johnson is not a licensed attorney in Mississippi. A screen shot posted above shows Mr. Johnson is not licensed among the Bar's list of licensed attorneys. The Bar verified in a phone call Mr. Johnson is not licensed in Mississippi. Mr. Johnson's status as a licensed attorney in Mississippi is important because the Board of Supervisors awarded him a contract at the December 20, 2010 meeting. The Board did not require public bids because it was a professional services contract, which under state law, are exempt from public bidding procedures. The agreement states at the top of the first page (posted below) it is a "Contract for Professional Services for Hinds County Redistricting."
The Board minutes for December 20, 2010 state
RESOLVED to approve entering into a contract with D. L. Johnson Consultants, LLC, for $40,000.00, to perform redistricting for Hinds County using the 2010 census, pending Board Attorney approval."
Mr. Johnson stated at the beginning of the special meeting on the Board of Supervisors on February 22, 2011
"The proposal I submitted is a professional services proposal. It is not required by state law to have a bid... Professional services is not required to have a bid." (See 24:00 minute mark on this video.)
The hiring of Mr. Johnson for $40,000, twice the amount charged by Central Mississippi Planning & Development District, generated no small amount of controversy. The hiring of Mr. Johnson was not placed on the agenda for the December 20 meeting. Several supervisors justified his hiring by arguing he was also providing legal services. Here are some choice quotes:
"A portion of the $40,000 in fees will pay for Johnson to represent the county in addressing any legal concerns that arise as a result of the redistricting.
Those legal fees are already being put to use. Johnson is currently looking into one matter that could require Hinds County to hold elections in 2011 and again in 2012.
Smith said the county attorney doesn’t have the experience to handle redistricting lawsuits. “The board attorney only handles day-to-day stuff,” he said...
Johnson will also represent the county if any challenges to the redistricting are brought up in court. Johnson couldn’t be reached for comment.
District One Supervisor Robert Graham said he supported Johnson because of his experience. According to the Mississippi NAACP’s Web site, Johnson received his juris doctorate from South Texas College of Law in Houston and his bachelor’s from Tougaloo College." February 8, 2011 Northside Sun
Mr. Graham told Fox40 last week: ""Mr. Johnson is also an attorney. Mr. Johnson is also an individual who is familiar with the law". (No wonder he ran out when this came up today.)
Mrs. Hobson-Calhoun stated on February 25 to the Clarion-Ledger
She said the board considered "all ramifications" in hiring Johnson at the Jan. 18 meeting. His fee includes crafting the districts, maps and materials, and the services of an attorney, she said.
"In 2000, we did pay $20,000" for a redistricting consultant, Calhoun said. "But, everything goes up. The cost of providing services goes up. If CMPDD had done our redistricting now, an additional attorney would have cost an additional amount of money.
However, Section 19-3-69 of the Mississippi Code has something to say about who a county can hire under a professional services contract:
"The board of supervisors of each county may, in its discretion, contract with certain professionals when the board determines that such professional services are necessary and in the best interest of the county.
The board of supervisors shall spread upon its minutes its finding that the professional services are necessary and in the best interest of the county. The contract for professional services shall be approved by the attorney for the board of supervisors and made a part of the minutes.
A professional within the meaning of this section shall be limited to:
(a) Attorneys at law, admitted to practice law in this state by the State Board of Bar Admissions;"
The ability of the Board to hire professionals is limited also to doctors, CPA's, engineers, realtors, surveyors, auctioneers, appraisers, and architects. All must be licensed in the state of Mississippi.
The Mississippi Supreme Court reinforced this interpretation of the statute in the 2004 State v. Madison County Board of Supervisors decision when it invalidated Madison County's attempt to get around bid requirements by hiring an unlicensed appraiser:
"Miss.Code Ann. § 19-3-69(f) clearly establishes that appraisers with whom the county contracts for personal services must be licensed by the Mississippi Real Estate Commission or as otherwise provided by law, and Herring and his employees are not licensed by the Real Estate Commission or any other licensing body. Furthermore, Miss.Code Ann. § 73-34-5(3) refers to salaried employees of the county, and the contract between the county and Herring clearly requires that Herring and his employees remain employees of Herring; and therefore, they are not "salaried" employees of Madison County...
Furthermore, the trial court erred in determining that the contract was a valid personal services contract such that it was exempt from the advertisement-for-bids requirement." Opinion, 873 So.2d 85 (2004).
Mr. Perry argued with the Board over whether Mr. Johnson's contract was legal. Mr. Graham immediately left the room when the discussion started. Several supervisors said CMPDD was not a law firm, therefor, the hiring of CMPDD for redistricting in years past was no different than the hiring of Mr. Johnson. However, CMPDD is the creation of Hinds County and several other government agencies. The hiring of such an entity does not fall under the professional services statute. Some supervisors tried to offer a defense of Mr. Johnson, asking would it matter if he had an attorney on staff at his company (The Bar would take GREAT offense to such an arrangement. Ask Steve Patterson what the Mississippi Bar thought of firms offering legal services that had shareholders that were not licensed attorneys.).
Board Attorney Crystal Martin told Mr. Perry she wanted to investigate for a several days to determine whether Mr. Johnson could in fact be hired by the county for professional services. The Board supported Mrs. Martin and tabled further discussion on the matter.
Left unspoken was what action the Board will take if Mr. Johnson's contract is canceled. The Board can accept his redistricting plans as it can from any member of the public. However, if Mr. Perry has his way, Mr. Johnson will get a chance to show the public how much he does indeed serve the public as his work will be pro bono.
Stay tuned.
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