The long arm of the law just got a little longer for those who owe fines to the City of Clarksdale.
The Clarksdale Mayor and City Council voted to begin the process to become part of a new state program that allows cities and counties to garnish state income tax refunds for those who have unpaid fines.
The City of Clarksdale is owed $1,817,400 in delinquent fines levied over the last five years.
Coahoma County Supervisors looked at this program earlier this month but appear hesitant to take part in it.
House Bill 991 authorizes cities and counties to collect a debt owed by intercepting a debtor’s state income tax return.
The process is managed by the Mississippi Municipal League (MML) and Mississippi Department of Revenue adds 25-percent to the fine owed as part of their fees for providing the information on tax refunds to the counties.
The bill requires the city to identify those who are getting a refund and who owe fines to the municipality from a list provided by the state. The tax refund is then routed to the Debt Setoff Program, and after it is confirmed the person owing the fine and the person getting the refund are the same, the city gets their portion of the income tax refund.
The law requires the city to first sign an agreement with the MML then designate a Debt Setoff Program Coordinator. The program coordinator must then attend training on implementing the program for the county and state.
The council voted unanimously to enter the agreement with MML, named City Clerk Cathy Clark as the Debt Setoff Coordinator, allow her to attend training this fall
The program would work like this:
Clarksdale will contact the Mississippi Department of Revenue and submit the debt owed for collection. The city, through the Debt Setoff Program Coordinator, would send written notice of their intent to the debtor to garnish part or all of their refund. The debtor is told a 25 percent collection assistance fee will be assessed if they don’t pay immediately.
The debtor would have 30 days to contest the garnishment and receive a hearing in front a Justice Court judge with appeals made to the county circuit court.
The city can also use this process to collect unpaid garbage fees.
HB 991 doesn’t directly mention a debt owed a county-owned rural hospital, like Northwest Mississippi Regional Medical Center in Clarksdale, but the law doesn’t exclude debts paid to them either.
Already, the DOR can garnish state income tax refunds to recover:
• Unpaid child support.
• Federal taxes or fees owed.
• Unpaid student loans (state government loans only).
• Community college unpaid fees or other debts.
Mississippi is one of six states that does not suspend, revoke, or not allow driver's license renewal for failure to pay fines and fees.
The state does allow Justice Court Judges and Circuit Court Judges to issue bench warrants for failure to pay fines assessed by those courts. Once the bench warrant is issued, and a driver is once again pulled over for a traffic infraction, they can be arrested for failure to pay a fine and carried to jail to await a hearing in front of the judge who issued the bench warrant.
In other business:
• Ward 1 Commissioner Bo Plunk asked that a policy be established to monitor how and what is painted on walls in Clarksdale. Plunk said he had been contacted about the themes and political slant of several new murals recently painted in Clarksdale.
“I think there need to be some guidelines because these are public,” said Plunk. “I’m not trying to cripple what they do or stop their art.”
Ward 2 Commissioner Ken Murphey said the murals had sparked controversy but he felt the city needed to do what was best for Clarksdale.
“I personally enjoy the art,” said Murphey. He also pointed out the art is popular with tourist.
Eric Stone, the coordinator for Paint the Town, said he understands the controversy and tries to take community standards into account.
“We don’t allow pornography – nudity – and no extreme politics or violence,” said Stone. “We now have 62 works of art in the downtown community thanks to this program.”
Plunk said when he started getting calls, he didn’t know what to tell people.
“This is the first time you have met with this board,” said Plunk. “It sounds like you have your own policy and I’m not against you. I am asking we carry over this discussion.”
The city voted to table the discussion for a future date.
• The city heard the monthly report from department heads.
• The councilmen were reminded a Yard of the Year will be announced at the Clarksdale Chamber of Commerce banquet Tuesday night. Each councilman has chosen a yard of the month for their ward and those yards will be voted on and a Yard of the Year will be named, earning the recipient a cash prize for their work. The winner must be present to win.
• The council was reminded Starlight at the Stage will begin at 6:30 p.m. Sunday, Oct. 27 at the Blues Museum stage downtown with the showing of the new Lion King movie.
• Teresa Jones, Clarksdale Grant Writer and Director of Economic Development, said the city has been approved for a $505,000 HOME grant aimed at removing or renovating dilapidated housing.
The HOME Investment Partnerships Program (HOME) provides formula grants to states and localities that communities use - often in partnership with local nonprofit groups - to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people. It is the largest Federal block grant to state and local governments designed exclusively to create affordable housing for low-income households.
Jones said it will take eight months to a year to implement the program.
• The council heard a request from Shelley Ritter with the Delta Blues Museum to host the Deep Blues 5K run Saturday. The city had questions about the route and worked with Ritter to adjust the route and close streets.
• The city approved the 8th Annual Martin Luther King Parade set for Feb. 15.
• The council reduced the rent for the City Auditorium for Genisha Morton to host a suicide awareness workshop Nov. 9.
• The city heard a request from Bill Blackwelder wanting to donate two drones to the Clarksdale Police Department and to teach police how to use them.
• The city heard a request from Eva Connell requesting white lines be painted on the outside lanes of Friars Point Road.
• The city was approached by Robin Colonas seeking support for House Bill 47 or Marsy’s Law, that would ensure that victims have the same co-equal rights as the accused and convicted.
• The city was approached by Milton Gardner with a lengthy list of all the lights and limbs he had gotten the city to repair and trim.
• The city approved the demolition and debris removal of the following properties: 134 17th Street, 337 Adams Street, 509 Paul Edwards. The city demolished and cleared four lots last month.
• The council voted to reimburse the Incidental Expense Account for $4,418.30.
• The council voted to pay September Accounts Payable in the amount of $206,989.18 of which $105,450.16 is General Fund.
• The city approved a request from Luther Mayfield to use Yazoo Pass Park for a wedding Oct. 19.
• The city heard a request from Jordan Sledge for mileage reimbursement and carried it over.
• The council approved the City of Clarksdale Municipal Compliance report.
• The council approved the City Clerk to forward a letter to the Chancery Clerk requesting the Board of Supervisors void the tax sale on the cleanup of 378 Issaquena in the amount of $4,708.56.
• The council acknowledged a letter from the Department of Revenue declaring the Entertainment District.
• The city approved the following miscellaneous claims:
$5,500 – M.A. Crank.
$350 – Kay Jones.
$5,595.52 – Neel Schaffer.
$512.06 – Slaughter & Associates.
$225 – Slaughter & Associates.
$374 – PPM Consultants.
$1,185.75 – Chuck Espy.
$1,680.55 – Atmos.
$1,130 – Lewis Electric.
$1,025 – Jones Walker.
$16,876.92 – WGK Engineers.
