(JACKSON, MISS—FEBRUARY 17) – Today, the Mississippi Justice Institute (MJI) filed a complaint with the Mississippi Ethics Commission following a refusal by the Department of Revenue (DOR) to make available public documents related to a voluntary agreement between that agency and the online retailer Amazon. The agreement, as first disclosed in public statements by Department of Revenue officials, appears to provide for Amazon to collect use tax from online purchases from Mississippians and remit those taxes to DOR. DOR officials have publicly spoken of negotiations between the agency and Amazon.
“Mississippi law requires government transparency and accountability. As taxpayers, the public should be allowed to know the details of our state agencies’ agreements and contracts with outside entities – in this case a billion dollar corporation collecting taxes on behalf of the state. These details are particularly important because they involve an issue with current active legislative debate and recently completed but not yet enacted rulemaking by the Department of Revenue. The state is making policy on this issue without revealing public information which could inform the citizens,” said Mike Hurst, director of MJI.
Hurst continued, “The Department of Revenue denied our open records request citing confidentiality of required tax records. But the agreement isn’t a required tax record because this is a voluntary agreement. Under existing U.S. Supreme Court precedent, the Department of Revenue cannot require an out-of-state company with no physical presence in Mississippi to pay a use tax. There is no exemption to Mississippi’s transparency laws which allows the Department of Revenue to deny review of these public records, so we have appealed their refusal to the Ethics Commission,”
Hurst noted several questions the information requested might answer.
- Has the state agency obligated taxpayers to any agreement?
- Did DOR agree with Amazon that, in exchange for voluntarily collecting these use taxes for DOR, DOR would promulgate regulations attempting to codify the application of use taxes to other out-of-state companies?
- Did DOR structure the agreement at Amazon’s request to give Amazon a competitive advantage over competitors?
- Did DOR agree to give Amazon some kind of benefit for voluntarily coming forward and agreeing to collect use taxes for DOR? If so, what are the details of that contract between a state agency and a collection company?
- Did DOR agree to shield third-party sellers on Amazon’s platform from collecting use tax?
You can read MJI's record request here; the DOR's refusal here, and MJI's complaint to the Ethics Commission here.
The Mississippi Justice Institute represents Mississippians whose state or federal Constitutional rights have been threatened or violated by government actions. It is the legal division of the Mississippi Center for Public Policy. To learn more about MJI, visit www.msjustice.org.
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Statement of Forest Thigpen on the Lawsuit to Kill Charter Schools in Mississippi
(JACKSON) --
Jackson, MS, July 12, 2016 - Forest Thigpen, president of the Mississippi Center for Public Policy, issued the following statement regarding the lawsuit filed yesterday by the Southern Poverty Law Center. The suit alleges that charter school funding violates the Mississippi constitution, in part because the plaintiffs say charter schools are not "free" schools:
Charter schools are public schools, and since they charge no tuition, any rational person would conclude that they are "free" schools as referenced by the state constitution.
Parents are responsible for their children's education. It is immoral for the government to force parents to send their children to schools that do not meet their academic and related needs, especially when other public options are available, including charter schools.
Parents who have enough money to move to a better district or to send their children to private schools already have options. Charter schools, as demonstrated by the student population at the two schools that opened this year, primarily serve families who cannot afford either of those options.
Improving educational outcomes is one of the most important ways to lift children out of poverty, and charter schools offer that hope to parents who want a better future for their children. By pursuing this lawsuit, it appears as though the Southern Poverty Law Center wants to perpetuate, not alleviate, southern poverty.
The Mississippi Center for Public Policy is an independent, non-profit organization based in Jackson. It works to advance the ideals of free markets, limited government, and strong traditional families. Its work, including the Mississippi Justice Institute, is supported by voluntary, tax-deductible contributions. It receives no funds from government agencies for its operations. To learn more about MCPP, visit www.mspolicy.org.
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| March 2, 2016 CONTACT: Mike Hurst [email protected] (601) 969-1300 Taxi drivers file civil rights suit against City of Jackson |
February 25, 2016
CONTACT: Forest Thigpen
[email protected]
(601) 969-1300
MCPP Launches Mississippi Justice Institute
Former Assistant US Attorney Mike Hurst to direct legal efforts
(JACKSON) -- Mississippi Center for Public Policy (MCPP) today announced the creation of the Mississippi Justice Institute (MJI) as the Center's legal arm to represent Mississippians whose state or federal Constitutional rights have been threatened by government actions. Former Assistant U.S. Attorney Mike Hurst has joined MCPP to serve as its General Counsel and as Director of MJI.
"For 23 years we've worked to help legislators write laws to guard the liberty of the people of Mississippi, to enhance their opportunities, and to protect their families," said Forest Thigpen, President of MCPP. "Through the Mississippi Justice Institute, we will pursue those same goals in the judicial system by working to ensure our laws are carried out in a way that protects the liberty of our people and honors their Constitutional rights.
Thigpen said, "We're thrilled to have Mike Hurst join us to lead this effort. Mike's work as a federal prosecutor, fighting public corruption in Mississippi, and his experience in constitutional issues in Washington, D.C., make him a perfect fit for this new project."
Hurst said, "With the creation of MJI, I am excited about the opportunity to continue to pursue the interests of freedom and justice on behalf of Mississippi citizens in our courts. In the past, conservative legal groups from outside have come to Mississippi in order to fill this void - and they've done a fine job - but not all the violations of rights are headline grabbers. Mississippians need someone here to fight for the rights of our citizens whose life, liberty and property rights are being abused or limited by government. MJI will represent individuals or groups whose rights are threatened or infringed upon by the government, and we will intervene when important liberty interests or issues are being litigated in the courts, considered or decided upon by administrative agencies, or debated in the public square."
Hurst noted MJI's activities would include direct litigation on behalf of individuals, intervening in cases important to public policy, participating in regulatory and rule making proceedings, and filing amicus, or "friend of the Court," briefs to offer unique perspectives on significant legal matters in Mississippi and Federal courts.
"America and Mississippi prosper with a limited government that allows free markets to work. Limited government isn't just a conservative idea; it is the heart and soul of our state and federal constitutions. In practical matters, for families and businesses and citizens, an unconstitutional law or policy is only overturned if someone stands up and fights against it. MJI will be that champion for Mississippians in need." He said MJI will be announcing its first legal action "very soon."
Prior to joining MCPP, Hurst served as Assistant United States Attorney from 2006 until 2015, when he resigned and ran as the Republican nominee for Mississippi Attorney General. As a federal prosecutor, Mike led some of the largest and most complex public corruption and white collar cases in the state's history, including the recent bribery case against the former Mississippi Department of Corrections Commissioner. In 2014, Hurst was awarded the Director's Award for Outstanding Prosecution of Fraud and Service to Fraud Prevention by the U.S. Department of Justice's Executive Office of the United States Attorneys. Previously, Hurst served as Counsel to the U.S. House of Representatives Judiciary Committee focusing on the U.S. Constitution, and later as Legislative Director and Counsel for Congressman Chip Pickering.
The Mississippi Center for Public Policy is an independent, non-profit organization based in Jackson. It works to advance the ideals of free markets, limited government, and strong traditional families. Its work, including the Mississippi Justice Institute, is supported by voluntary, tax-deductible contributions. It receives no funds from government agencies for its operations. To learn more about MCPP, visit www.mspolicy.org.
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Special Needs Bill:
Bold Step in Giving Parents More Choice
March 26, 2015 - Mississippi Center for Public Policy President Forest Thigpen commended the Mississippi Legislature for passing the "Equal Opportunity for Children with Special Needs" bill, Senate Bill 2695. The bill is now on its way to Governor Bryant, who has promised to sign it.
"This bill will provide children with disabilities the opportunity to receive the education that best suits their needs," Thigpen said. He said a new mechanism created by this bill, called an Education Scholarship Account (ESA), "is the boldest step yet in giving parents more choice and transformational control over their children’s education."
With an ESA, parents will be able to choose among a variety of educational services, including specialized therapy, tutoring, software, and other methods of meeting the educational needs of their child. Parents will be able to choose whether to allocate some or all of the money for tuition at a private school.
Thigpen said ESAs are different from vouchers. "With a voucher," he said, "the entire amount would be allocated to one school, even if the child would be better served by utilizing a variety of options. ESAs allow that type of customization."
Over the past four years, Mississippi legislators have empowered parents and students by implementing transformational education reforms, such as charter schools, A-F ratings, the third-grade reading gate, and two voucher programs limited to speech and hearing disabilities.
"Legislators who voted for these reforms are listening to parents and should be commended," Thigpen said. "In some cases, they faced the wrath of school administrators and others who advocate mere tweaks to the current system. These legislators correctly see that parents don’t have time to wait for the bureaucrats to get it right. Their children need options now so that their children have the best future possible."
SB2695 is targeted to children with special needs, but Thigpen believes this type of parental choice will gain popularity and will eventually be available for all children.
"All children are unique, and all children should have the chance to receive an education that equips them for a fulfilling life," he said. ESAs put parents in the driver’s seat of their children’s education and future.
"Parents are ultimately responsible for the education and upbringing of their children," Thigpen said, "and they should have the tools they need to exercise that responsibility. If parents believe the public schools are not providing the education their children need, they should be allowed the flexibility offered by ESAs to pursue other options."
Thigpen noted the effort of the sponsors of the bill, Sen. Nancy Collins and Rep. Carolyn Crawford. "These legislators, as mothers of children with special needs, have a special understanding of the need for this legislation, and they have worked for years to achieve this. On behalf of the parents of Mississippi children with special needs, we are grateful for their dedication and perseverance."
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