Some local candidates have yet to file forms

Published 4:51 pm Friday, March 29, 2013

A number of candidates for municipal office in Brookhaven appear to have violated state law by failing to formally document in a timely manner any sources of income or financial interests they hold that might pose a conflict of interest if elected.

Mississippi’s ethics laws requires all candidates for municipal office must file a statement of economic interest with the state Ethics Commission within 15 days of qualifying as a candidate.

The statement discloses information such as any businesses owned by the candidate or a spouse as well as employment with government, state or municipal entities.

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Three weeks have elapsed since the qualifying deadline for Brookhaven’s municipal elections, so all candidates, even the very latest to enter the race, should have submitted the mandatory paperwork by now.

The records accessible from an online database maintained by the Ethics Commission tell a different story, though.

As of earlier this week, a number of candidates had failed to submit any economic interest forms at all for the current election cycle. Since being contacted by The Daily Leader about the matter, several of those candidates have since filed their forms.

Absent filers included mayoral candidate Rose “Polly” Powell; alderman at large candidates Ed Thompson, Carl Aycock and Andre’ Spiller; four of the five Ward One alderman candidates, including incumbent Dorsey Cameron and challengers Kermit Sartin, Robert Berry and Christopher Harris; Ward Three’s incumbent Mary Wilson; and Ward Six candidate Mack Gipson.

These candidates could have all been subjected to penalties by the Ethics Commission had their delinquency persisted past certain legally allowed grace periods.

Several of the candidates claimed they had attempted to file their forms but had been stymied by technical hiccups.

Others admitted to being ignorant of the law or evidenced unawareness of what the law requires.

The City Clerk’s Office distributed a documentation packet published by the Mississippi Secretary of State’s office to each candidate, said Deputy City Clerk Marsha Fairman.

Among other things, this candidate’s guide offers an explanation of state ethics laws.

Mayor

Among the five candidates for mayor, Powell, the first candidate to qualify, did not file the financial documentation until this week. After an interview about the problem Wednesday, she subsequently submitted the paperwork.

“I was so excited about my campaign, I forgot,” Powell said, explaining the oversight.

Powell acknowledged receiving the candidate’s election guide from the City Clerk’s Office.

This isn’t the first time Powell has been tripped up by paperwork. In 2011, the IRS pulled the tax-exempt status of her then nonprofit organization The ‘O’ Foundation because Powell had failed to file certain mandatory reports.

Alderman at Large

In the alderman at large race, Aycock also acknowledged receiving the election guide but had overlooked the deadline to file.

“I’d gotten that packet and just laid it on the corner of my desk,” Aycock said.

The forms aren’t something new for Aycock. He was previously required to submit them as required when he served on the Brookhaven School District board of trustees.

After he was contacted with questions Wednesday, he submitted his form that day.

Independent candidate Ed Thompson still hasn’t filed the mandatory documentation as of Friday morning.

“I don’t think I got that,” Thompson said of the candidate’s election guide.

He didn’t offer further explanation.

Spiller also indicated he didn’t receive the packet and didn’t know of the law.

“I was not aware of that,” he said of the law.

As of Friday morning, Spiller still hasn’t filed.

Ward One

In Ward One, the incumbent Cameron said he forgot the password to the web account needed to submit forms.

He took responsibility for having not taken steps to access his account in a timely fashion.

“I should have called them the day I stepped out of the City Clerk’s Office,” Cameron said Wednesday, describing plans to call the Ethics Commission and discuss regaining access to his account.

His form was then submitted to the Ethics Commission Thursday.

When contacted about his missing form, Christopher Harris said he thought he had submitted the form.

“I did that the same day I qualified,” Harris said Wednesday. His form subsequently appeared in the system that afternoon.

Robert Berry offered a similar explanation but then suggested Internet connection problems had hampered his efforts. His form appeared as submitted on Tuesday, following an interview.

Kermit Sartin affirmed receiving the candidate guide but wasn’t familiar with its contents.

“I didn’t know about that,” he said of the required economic interest form.

Ward Three

In Ward Three, Wilson appears to be the only incumbent that has not filed even one statement of economic interest at all since the 2009 elections (incumbents are required to file annual updates).

“I was thinking they (the Ethics Commission) were going to send it to me,” Wilson said, explaining her oversight.

Ward Six

In Ward Six, Democratic challenger Mack Gipson hadn’t filed his documents until contacted Tuesday.

“I didn’t know that,” Gipson said about the law, though he remembered receiving the candidate’s guide.

He then said a family member was responsible for ensuring his paperwork was in order.

His form appeared as submitted on March 26.