State v. MADISON COUNTY BD. OF SUP'RS

873 So. 2d 85
CourtMississippi Supreme Court
DecidedMay 13, 2004
Docket2001-CA-01422-SCT
StatusPublished

This text of 873 So. 2d 85 (State v. MADISON COUNTY BD. OF SUP'RS) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. MADISON COUNTY BD. OF SUP'RS, 873 So. 2d 85 (Mich. 2004).

Opinion

873 So.2d 85 (2004)

STATE of Mississippi, ex rel. Jim HOOD, Attorney General and Phil Bryant, Auditor of Public Accounts for the Use and Benefit of Madison County, Mississippi
v.
MADISON COUNTY, Mississippi, acting By and Through the MADISON COUNTY BOARD OF SUPERVISORS and Herring Appraisal & Computer Services, Inc.

No. 2001-CA-01422-SCT.

Supreme Court of Mississippi.

May 13, 2004.

*86 Office of the Attorney General by Melissa C. Patterson, attorney for appellant.

Glenn Gates Taylor, Thomas A. Cook, Ridgeland, G. Dewey Hembree, Canton, J. Max Kilpatrick, attorneys for appellees.

EN BANC.

COBB, Presiding Justice, for the Court.

¶ 1. On June 15, 2001, Madison County, acting by and through its Board of Supervisors (the Board), filed in the Madison County Circuit Court a Complaint for Declaratory Judgment and Determination of Rights, naming Herring Appraisal & Computer Services, Inc. (Herring) as the only defendant. Madison County asked for a declaration that it had acted in good faith and that its contract with Herring for reappraisal services was valid. The trial court heard arguments on June 18, 2001, and entered a declaratory judgment that the contract was valid. Three days later, the trial court vacated its previous judgment and set the case for a full hearing, finding that certain issues were not known to the court at the time the judgment was entered. On July 3, the State of Mississippi, by and through the Attorney General and the State Auditor, filed a motion to intervene. A full hearing was held on July 6, 2001.

¶ 2. The trial court determined that Madison County had authority to enter into a contract for appraisal services with Herring without advertising for bids and that the contract between Madison County and Herring was valid. It is from this declaratory judgment and order that the State of Mississippi appeals to this Court, assigning as error the determination that: (1) contracting for appraisal services did not require advertisement for bids and (2) the contract with Herring was a personal service contract.

¶ 3. Because we hold that Madison County was required to advertise for bids and the contract was a not personal service contract, we reverse and remand.

FACTS

¶ 4. In 1980, the Legislature amended several statutes and enacted others in response to public debate over the equalization of property taxes in the state. One of these statutes was Miss.Code Ann. § 27-35-165 (1980), which authorized a county to enter into a contract for reappraisal if the plan for reappraisal or the contract for reappraisal services had been approved by the Mississippi State Tax Commission (Commission).

¶ 5. As part of the process for statewide reappraisal, the Commission adopted rules governing the maintenance and updates of appraisals. In August of 1997, the Commission instituted changes to its rule 6, entitled "Standards of Acceptance," to set forth standards used by the Commission in determining the acceptability of the real and personal property tax rolls for a county. As a result of these changes, all Mississippi counties were required to reappraise property throughout the county, beginning in 1998. A four-year update *87 program was instituted in order to get all counties to update their tax rolls.

¶ 6. Rule 6 further stated that if an assessor or board of supervisors preferred to use a contractor to comply with the new rules, then the board or the tax assessor must take full responsibility to ensure that the contractor is complying with all standards and minimum requirements of the Commission.[1]

¶ 7. In February of 1998, the Commission informed the Madison County Board of Supervisors (the Board) that Madison County's real property tax rolls were not in compliance with the Commission's rule 6 guidelines. The Commission required that Madison County submit a plan for achieving compliance within ninety days. As an incentive to become compliant, the Commission advised that Madison County would lose one mill of assessment funds (approx. $500,000) and the withholding of the county's homestead reimbursement monies (approx. $1,500,000), if it failed to comply. On April 22, 1998, Madison County, through its Tax Assessor, Gerald Barber, submitted a plan to bring Madison County into compliance by June 2001, which the Commission approved as required under Miss.Code Ann. § 27-35-165 (1980). Madison County began implementation of this program and was making progress toward its June 2001 goal.

¶ 8. Subsequent audits were performed to evaluate how well Madison County was implementing the agreed upon plan, and the audits indicated problems with the reappraisals.[2] In light of these audits, the Commission entered an order dated October 4, 2000, which held that Madison County's Class I and Class II properties[3] were not in compliance with the Commission's Rule 6 and ordered a new plan to be implemented for Madison County to come into compliance by July 2002.

¶ 9. In light of this new plan, Madison County decided to consider firms outside of its own resources to do the reappraisal work and contacted the Commission for a list of companies that perform reappraisal work in Mississippi. The Commission asserts that the purpose of this list, although provided when requested, was not a list of appraisers that it recommended, but a list of appraisers to whom information needed to be sent whenever changes to state property manuals were made. Many of the contractors on this list had not been certified by the Commission under its certification program. In the proceedings below, the trial court found that the Board requested that the Commission provide the Board with a list of firms that provide reappraisal services. The Commission provided that list, and Herring was one of the firms on the list.

¶ 10. In October and November of 2000, Madison County negotiated with Herring to perform the remainder of the appraisal work, for an initial figure of $500,000. On November 28, 2000, the Tax Assessor and Herring met to further expound on how much work would need to be done and discuss the cost in a little more detail. The price was approximately $745,000 at *88 this point. The following day Herring faxed a letter to both the Board and to the Tax Assessor stating that the price to complete the job would be $900,000 plus $60,000 for software for the computer systems.

¶ 11. On December 5, 2000, the Tax Assessor, concerned with the substantial increase in cost from the beginning estimates, made a counter-offer to Herring for $776,825 and added some detail into the terms. On December 8, 2000, during a phone call with Herring, the Tax Assessor discovered that the Board had already approved the $900,000 proposal, so he prepared a contract with the $900,000 price and finalized the deal. This contract was let to Herring without seeking any proposals or bids from other contractors. The Board did not require Herring to post a bond until July 6, 2001, the date of the circuit court hearing. Herring was not a licensed appraiser.

STANDARD OF REVIEW

¶ 12. In Aikerson v. State, 274 So.2d 124, 127 (Miss.1973), this Court said: "It is a general rule in construing statutes this Court will not only interpret the words used, but will consider the purpose and policy which the legislature had in view of enacting the law. The Court will then give effect to the intent of the legislature.

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Bluebook (online)
873 So. 2d 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-madison-county-bd-of-suprs-miss-2004.