September 18, 2013 at 1:34 pm #5980
While ata Taco Bewll earlier today, I noticed the DHFD Pickup gfo to the drive up window..I have seen them driving around Diamondhead in all the different trucks, including the large ones, and since they use fuel that the citizens buy in these vehicles given them by the Fed Gov’t, are we not getting ripped off again?We pay for the maintenance and fuel, they treat them as personal vehicles..Shameless , and I think illegal.September 19, 2013 at 5:22 pm #5979
I made a typo…I meant to type “Taco Bell”September 21, 2013 at 5:31 pm #6004
Everyone that has their nose in the POA/city trough remind me of a room full of partying court jesters unaware the king is due back at any moment. As far as the fire trucks being driven a few hundred yards, using fee mentality that is a long walk from the fire station to Rouses and Dairy Queen.September 22, 2013 at 10:56 am #6012
Legally, they should use their POV (private owned vehicle).I had a Government vehicle, but only used it for Official business ..same rule applies here.It isn’t just fuel, it costs every time you start your auto, called maintenance and tires..Admit it, these firemen have a great life,seldom attend a fire, and live as if they were at home.eat, sleep, drink, run around the place..good job this fire dept has.September 23, 2013 at 11:48 am #6017
Legal does not mean anything to the court jesters holding positions in the POA, city, fire and water. In order to understand what is and is not legal, you have to have a lead free brain that is fully functional. These court jesters are as dumb as the casino employee who steals from the cash cage, kidding only himself into believing the cameras won’t catch him. He pretends the cameras are not there, so in his mind they are not there. Of course he’ll get caught, it’s just a matter of when the casino surveillance people feel like having him arrested. The same type of thinking applies with this anything goes POA/town of Diamondhead. They’ve puilled their $hit for so long and have gotten away with it they believe they will never be held accountable. They believe the cameras aren’t there.
When you have a court jester like this fire chief who wears pants with creases so razor sharp you can hear the air parting as he walks into the court room and pockets so large you can store elephant ears in them and has no shame in standing year after year next to POA member after POA member in a courtroom, and in essence crying “but they said it’s legal” but really it’s about what they wrote on the back of that one fire fee invoice for services never rendered, “people can lose their jobs.” So what is legal at this point is meaningless to these jesters. They have gotten away with with for so long they think it will go on forever.
Myself, after finding no law allowing this illegal fee I couldn’t stay in a job that required me to take people to court in order to keep my job. When they are finally held accountable what do you think the jesters will say?
I was only doing what I was told.
Mississippi Supreme Court, you four judges may want to not be like that casino employee where he pretends he won’t get smacked down by a higher authority. Your higher authority is the 5th circuit. I’m hoping they will scratch their heads when they can’t find one Mississippi law allowing this illegal fee. Hopefully they will ask what these 4 judges were thinking setting aside the law and signing off with a wink and “permission granted.” I’m hoping the 5th circuit will say if this is legal why isn’t every fire district in Mississippi been charging over the last 20 years a fee for services never rendered.
Hey, I’m a legislator and I want to receive an invoice in my mailbox for services never rendered from my fire district too. How about the rest of you legislators? It’s a majority. All of us legislators want an invoice in our mailbox. How much do we want to be charged? Hell we don’t care. $20 a month like the fire district in Diamondhead sounds about right. Or $50. Hell just start sending all us Mississippians fire fee invoices for services never rendered in the mail and forget the fact we never wrote it into law.January 10, 2014 at 9:44 pm #6240
This is a part of the Writ of Certiorari filed by our Attorney, Mr. Kulick, this week in the U.S. Supreme Court. The writ is 119 pages long. This only represent a small part of the writ but does state why the U.S. court should review this case. All should appreciate the work being done by Mr. Kulick on our behalf. The cost for this effort would easily exceed $100,000. May I be the first to say thank you Bill Kulick (and let’s not forget the work done by Skip and Anne on this case):
PETITION FOR CERTIORARI
This resolution of the issues contained in this Petition will provide approximately 6000 residents of a small community in Coastal Mississippi relief from illegal taxation which has been ongoing for more than 20 years. The distinction between a fee versus a tax has been the subject of case law for nearly 200 years (see e.g. Brown v. Maryland, 25 U.S. 419 (1827)) and one would think there would be little room for erroneous decisions in the 21st century. Unfortunately, even the best legal minds in the State of Mississippi have trouble with the concepts when a small town fire department may have to cut back on staffing and disgorge funds improperly collected over the years. While no one wants to harm a body politic intent on helping those in distress, few would argue that same body should be allowed to ignore the 5th and 14th Amendment rights of the citizens to be free from illegal takings of property just for its own prosperity.
Apparently, since the taking amounts to only a small $20.00 each month for each individual in this affluent community by Mississippi standards, the Mississippi Supreme Court was able to look the other way as it were as to the violations of State and Federal Constitutional law. Consequently, the residents living under the authority of the DFPD have obtained a complete judicial determination that is ultimately reviewable by the United States Supreme Court (Home Builders Association of Mississippi Inc. v. City of Madison, 143 F.3d 1006 (5th Cir. 07/01/1998)
and aggrieved, seek this Courts review as they seek to have their inalienable rights returned to them.
This was one of the dissenting justice’s written opinion and is contained in the writ:
42. Twenty dollars seems like a small price to pay for two fully-staffed fire departments, experienced firefighters, state-of-the-art equipment, and lower home-insurance premiums. Those who agree probably would pay the fee voluntarily,  but the fee cannot be mandatory. I would find that the fire-protection fee possesses the basic characteristics of a tax. The fee is a mandatory charge, and it is imposed on all property owners within the district, regardless of whether or not the property owners receive a specific, direct service from the DFPD. The fee generates revenue to
support the DFPD. Clearly, having a fully staffed and experienced fire department with the best equipment benefits the community as a whole, but that benefit is to be funded by the ad valorem tax. Thus, the DFPD’s fee is an impermissible tax.January 13, 2014 at 4:23 pm #6242
I think given the population of Diamondhead, that 20.00 per month is outrageous anyway..the equipment they have was purchased with Government money, not the fire dept..as to being qualified firefighters, that too is questionable. I know of three fires they attended, and all three were a total loss..January 16, 2014 at 1:39 pm #6244
Let us remember also, that one of the Fire Stations is nothing but a home that someone was losing due to foreclosure, and the Fire Dept bought it..with money illegally collected from Diamondhead residents..(I do NOT pay them).This home is NOT a fire station, but a “home away from home” for the inhabitants.They drive the trucks back and forth occasionally so the “home” will have one ….sometimes.January 26, 2014 at 5:04 pm #6246
Bob, I want to ask you a question…I have, in the past week , noted the Diamondhead Police stopping and issuing tickets on Hwy 603 half way to Waveland..it has been a while since I was a Deputy, but I know they couldn’t give tickets , or stop one legally out of their jurisdiction.We have plenty of crime here locally if they want to work..mailboxes regularly torn down by vandals, yet the cops can’t seem to catch anyone.January 26, 2014 at 5:24 pm #6247
The officers assigned to Diamondhead wear two hats. They are employed as deputy sheriff’s for Hancock County Sheriff’s Office and as such they have jurisdiction through out Hancock County. This, of course, would include Hwy 603 half way to Waveland. They are, additionally, commissioned as Diamondhead police officers. This empowers them to enforce any municipal ordinances passed by the Diamondhead City Council. As sheriff’s deputies they can write traffic citations any where in Hancock County but cannot, by state law, use radar. But….being commissioned by Diamondhead does give them the authority to use radar in Diamondhead only. The radar tickets written in Diamondhead are cited under Diamondhead traffic ordinances. Trust this will clarify things for you.January 27, 2014 at 8:55 pm #6248
I realize that as a Sheriff’s Deputy, they have jurisdiction over the County..City Police do not..My point being that we pay Ricky Adam for the (sic) people to act as Diamondhead Police in the City, we also pay county taxes…but the police assigned here should be HERE..not on 603 writing speeding tickets because the S.O doesnt have radar…On my street, we have 5 Mailboxes constantly being knocked down by vandals.I just put mine back up, only this time, I bought a treated 6×6 and used 400 lbs of concrete to put it up..waiting for some jerk to run it down again and total his car while I total his butt.
Thanks BobJanuary 27, 2014 at 8:59 pm #6249
You are welcome Jack. Stay off the highways and keep warm my friend.January 28, 2014 at 11:07 pm #6250
It is simply amazing this “Hi-Tech” police force, commandeered by the great Al Hermann can’t seem to catch any vandals doing this, and by the way, Golf Club Dr. is still the Atlanta Speedway of Ms.If this is the best we can get for our money, we are much better off with no police at all.January 29, 2014 at 5:33 am #6253
If they are on 603, issuing tickets, then they have no business being in a DH Police vehicle. My biggest gripe ia the ridiculous fees. One of the baggers at Rouse got a ticket last week for having a headlight out which was already dawn for $252.00. When I go throigh DH I use my cruise control, I’ve had headlights flash at me from behind, flipped the bird, but I can’t see giving DH one penney of their outragous fines. But to be out of the city limits issuing tickets, should be stopped.February 18, 2014 at 2:53 pm #6285
We saw two Police cars (Diamondhead) running 1-10 with blue lights at about Menge Ave..One white Ford, the other the Black SUV..I take issue with this, as we are paying to have Law Enforcement here in Diamondhead!Not running 503 or I-10 this is my money they are throwing away, and I know the cause of this..County is allowed no Radar, but city is, so they are double dipping at our expense..My opinion, this is a valid reason to present the Petition for withdrawal from the “City”…(What a joke for a city)
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