Gulfport's New Economic Development Commission Illegal? The controversies surrounding the recent appointments to Gulfport's new Economic Development Commission and the subsequent tirades by the Sun Herald and WLOX over the appointments fail to note that Gulfport, its mayor Brent Warr and a portion of the City Council are breaking the law. Municipalities are prohibited by state law to establish Economic Development Commissions. According to an official Mississippi Attorney General's opinion, easily researched on the Internet, the state's municipalities cannot establish economic development commissions as such commissions are only authorized for counties. The Attorney General's opinion, which carries the weight of law in Mississippi, comes from a request in 1996 by the city of Benoit, in Bolivar County, which wanted to establish their own economic development commission. In that opinion, which was during the administration of former Attorney General Mike Moore, the AG's office said unequivocally that: "A municipality does not have authority to establish and fund an Economic Development Commission." The AG opinion then cites numerous references to the supporting law that prohibits municipalities from establishing such commissions. Mississippi law outlines in detail what cities can do and not do, and creating their own economic development commissions is not something they can do. The recent decisions by a minority of members of the Gulfport city council to reject the appointment of George Schloegel of Hancock Bank, and question Mayor Brent Warr's efforts to create the commission are justified by state law. While a majority on the city council voted to follow Warr's initiative to establish the city's development commission, doing so is against the law, and the the Coast's major news media, purportedly the government's watchdog, should know this. Attorney General opinions are not "just an opinion" by some minion in state government, they are the law and public officials across the state understand the weight of the opinions. The opinions are carefully researched and the AG's office routinely works with officials with the State Supreme Court in reaching the opinions issued by the AG's office. Typically, if there is a question over an AG's opinion, the matter is litigated and decided by the State Supreme Court, but to ignore the opinions is unwise. To ignore state law places Gulfport officials in a position of jeopardy. Any actions or funds expended for an illegal purpose could result in lawsuits against the city, fines, and even the public officials involved being charged to repay the money expended, or even lose their office and fined. Public officials can be held personally responsible for actions outside of state law. Gulfport is already under scrutiny by federal authorities as confirmed earlier this year by Warr over his receipt of a Homeowner Grant issued by the Mississippi Development Authority. An MDA spokesperson told GCN this week that the matter over Warr's homeowner grant "is in the hands of the court." Warr envisions that his city's economic development commission would handle new developments in the city involving the receipt and negotiations of contracts and coordinate leases of city properties. The work would include the redevelopment of Jones Park and the harbor area, the city's Katrina-destroyed beachfront and the huge VA hospital complex. Warr is closely aligned with the Gulf Coast Business Council and has frequently cited the GCBC in his efforts to guide the city. Schloegel, who is a member of the GCBC, was involved earlier with the city's efforts to develop a plan for the VA property, which the government says will be given to the city, although that hasn't happened yet. A Sun Herald newspaper editorial lambasted the responsible city council members for opposing Warr's actions. There could be good reasons for this. The Sun Herald supported Warr's election and some of the newspaper's management belong to the Gulf Coast Coast Business Council, as also some of the management of WLOX TV. The failure of Schloegel's appointment, a man considered among the more powerful of business leaders on the Coast, is clearly being seen as an embarrassment. But the illegal establishment of the Gulfport Economic Development Commission could be more of an embarrassment. More Information: Attorney General's Opinion - Full Text Gulfport City Council Balks on Some Appointments to New Development Commission - Sun Herald Gulfport's Economic Development Webpage Related: Secretive Gulf Coast Business Council Holds Annual Meeting - GCN
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