July 8, 2010 at 7:24 am #3707
The appeal to stop the illegal public city of Diamondhead has been filed!
The appeal to stop the illegal Public City of Diamondhead from becoming a reality has now been filed with the Mississippi Supreme Court. We, the “Concerned Citizens” of the Private Community of Diamondhead volunteered our time, effort and financial resources to challenge the incorporation of the Public City and we have now reached our first major milestone.
If incorporation had been allowed to go forward without challenge the residents and property owners of our incorporated Private Community would have been forced to pay millions of dollars in taxes to support an unneeded Public Municipality. Moreover, the Public City would not provide any public services or public benefits to our self-governed and self-maintained Private Community.
As responsible citizens of our Private Community we felt we had no choice but to fight against the inequity of being forced to support an unnecessary Public City Government. We also felt we should shed light onto the corruption and abuse of power that created the need for us to file this appeal.
Members of our own board of directors were also incorporators and used their positions on the board to authorize the unlawful distribution of POA assets for the benefit of themselves and other POA member/incorporators. All members pay dues to the POA for the maintenance and operations of our Private Community. The board unlawfully distributed those assets to fund the Public City incorporation process. These actions taken by the board/incorporators were violations of state statutes, violations of our corporate charter, a conflict of interest and violation of their fiduciary trust.
We asked our new president before the elections, if elected, would he attempt to recover the misappropriated funds from those incorporators that approved the unlawful distribution. He declined to answer. Now his vice-president happens to be the one board member that actually made the motion to approve the unlawful distribution. What are the chances charges will be filed against the VP?
It seems somewhat clear that Diamondhead needs some kind of a watchdog committee to monitor the actions of our board of directors. A watchdog committee with a legal fund would have stopped the board’s illegal actions and the incorporators would not have used their own money to attempt to fund the risky city incorporation process. We also would not have the personal cost to clean up the mess we have now.
Concerned Citizens of Diamondhead could be a watchdog committee. We already have a base membership but with a committee of 500 property owners we would be able to demand and get special board meetings. With an active watchdog committee the board of directors of the POA would be much less likely to violate state statutes and our corporate charter to the extent they did with the City incorporation process.
Let us know how you feel about a watchdog committee. Your email pro or con would be appreciated.
We have a more urgent need now for donations to our legal fund to cover the attorney fees for the appeal filing. The attorneys have done all they can do to this point. If you are a concerned citizen and want to help share the legal costs with your neighbors who have been supporting the appeal process since the beginning please do so and become a member of our group to help make Diamondhead a more perfect community.
CCD Legal Fund, PO Box 6342, Diamondhead, MS 39525
WWW: CCDdiamondhead.comJuly 9, 2010 at 2:35 pm #3706
A couple of years ago I spoke to the Director of the Metropolitan Crime Commission in the
New Orleans area to learn the procedure in starting a crime commission on the Mississippi Gulf Coast. He offered his full cooperation and advice
if we wanted to pursue the matter. Perhaps the time is ripe and we could start with a watchdog committee in Diamondhead. Some would fight the concept but most, I believe, would applaud the move. The Metro Commission in
New Orleans has been in existence for over 50 years and has a great record in exposing criminal and unethical conduct. Any suggestions or comments?July 10, 2010 at 6:22 am #3708
The Metropolitan Crime Commission of New Orleans (MCC) is a non-profit, privately funded, public service, citizens’ organization dedicated to improving the administration of justice, reducing the incidence of violent crime and stamping out public corruption. Established in 1952 by leaders in the community, the MCC was initially charged with the task of investigating and suppressing corruption in the New Orleans Police Department. Since then, the agenda of the MCC has expanded to meet the increasing needs of the public it serves. The MCC is supported primarily by businesses, professional leaders and concerned citizens in metropolitan New Orleans. Committed to identifying and discouraging corruption in governmental agencies and seeking ways to reduce and impede crime.
Sounds a lot like what we need in Diamondhead!July 11, 2010 at 2:47 pm #3709
If you had a District Attorney you could carry your complaint to him for investigation if warrented. No direct charge to you. A city has a D.A. A POA does not.July 12, 2010 at 9:03 am #3710
The Harrison/Hancock County does have a District Attorney that prosecutes criminal charges in their jurisdiction. And their jurisdiction includes Diamondhead. If Diamondhead was incorporated it would have a municipal judge whose office would be limited to city municipal ordinance and misdemeanor violations only (very similar to the VCC’s enforcement of the rules and regulations). Diamondhead would not have its own district attorney but would have a city prosecutor who would only have authority over municipal violations The County District Attorney presently prosecutes all felony crimes occurring in Diamondhead and would continue to prosecute them whether Diamondhead is a municipality or an incorporated area. Don’t understand what point you are making.July 12, 2010 at 9:04 am #3711
HANCOCK COUNTY DISTRICT ATTORNEY Cono Carana – District Attorney Chris Fisher – Assistant District Attorney 152 Main St. Suite D Bay St. Louis, MS 39520
We pay Hancock County for a District Attorney now. To pay an unneeded city for another District Attorney would be just another form of Double taxation. If you bring to the attention of the D.A. a crime you think they should investigate you will be told in short order, “We don’t investigate crimes we prosecute them.” Crimes as committed by our board of director/incorporators would likely have to be investigated by the Attorney General and handed over to the county D.A. to prosecute if warranted. A Diamondhead watchdog committee could stop board violations before they become crimes.July 12, 2010 at 9:38 am #3712
Another point, Wayne, is Hancock County presently has a county prosecutor and tries all cases of county code violations and state misdemeanors in one of three County Justice Courts (which we presently and will continue to fund). The county prosecutor functions very much like a city prosecutor functions. The only difference is a county prosecutor would handle county ordinance violations and a municipal city judge would handle city ordinances violations. Our present system seems to be working just fine and I can not see any advantage to adding to what we already have with another political body. There is simply no reasonable justification to creating and funding another layer of government. Our county taxes would remain and we would be burden with having to pay for another government agency through additional city taxes on our land property and vehicles. Makes no sense to me what so ever. Some who support incorporation have certain motives, others have acted on false information and some just don’t understand government civics and the function and responsibility of a municipal government. To the latter I quote an old saying, “When you propose to tax Peter to pay Paul, you can always depend on the support of Paul.” There are a lot of Paul’s running around in my opinion.July 12, 2010 at 4:24 pm #3713
A Diamondhead watchdog group would be about as impartial as a Muslim judgeing a pulled pork contest.July 12, 2010 at 8:46 pm #3714
And with incorporation, the sky’s would open, there would be a blinding light and a group of elected politician from Diamondhead would appear in all their glory. They would be impartial, honest, competent and only have the best interest of the Diamondhead residents at heart. All our problems would disappear. The streets would then be paved with gold, the city bank account will be in surplus, the POA dues will be cut in half, the amenities will show a profit and the golfers will volunteer to pay a fair fee for golf. And then I woke up….and with all respect, you should also.July 13, 2010 at 10:16 am #3715
Sounds like the price of being free
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