BOS reviews complaints against Constable Allday
Published 9:28 pm Saturday, August 24, 2013
By Karen Sanford
Editor Prentiss Headlight
The Board of Supervisors expressed deep concern at Monday’s regularly scheduled meeting that the appointed Constable for Post One, Allen Allday, has not performed his duties. “This Board appointed him and he has let the Board and the county down,” said Rushing who stated that according to Justice Court, Allday has not worked since November of last year.
Allday missed a scheduled appointment to appear before the Board on Monday to discuss the matter. “He said he’s got the virus,” said Board President Bobby Rushing.
Rushing stated complaints have been made by the offices of the State Auditor and the Attorney General that Allday has failed to fulfill his duties as Constable.
The job of Constable is to serve process, whether in the form of summons or warrants, issued by any county, chancery or circuit court. According to Justice Court Clerk Judy Cole, the Constable is paid $35 per paper they serve. Post One includes all of Districts Two and Three and half of District One.
Reports are required each year from the Constable and it was determined those reports were not filed. “It’s his first time to be in office, and he probably didn’t even know they were due,” said Supervisor Corky Holliman.
One of those reports is from the MS Public Employees Retirement System that required a reason as to why Allday had not earned enough to pay into the program. “He has done so little work,” said Rushing, “that he did not even earn enough for a 1099.”
Allday was appointed to the position of Post One Constable on September 17, 2012 by a unanimous vote at the bimonthly Board of Supervisors meeting after the sudden death of Post One Constable Walter Earl Bullock.
According to the Mississippi Election Code, vacancies can be filled for unexpired terms at the next regular special election that occurs more than 90 days after the vacancy.
Bullock died on September 9, 2012, leaving less than 90 days until the regular special election, which was to be held on November 6.
This time line resulted in Allday holding the appointed position until the next special election after the 90-day period, which will occur on November 5, 2013.
During the board meeting, Attorney Wes Daughdrill contacted via phone the Secretary of State’s office to find out what actions the Board could take in the matter.
“It can be done, but it’s not as simple as a vote of the board,” said Daughdrill after the meeting. “It’s almost like a recall process.”
The Board expressed disappointment that Allday had not shown more interest in the appointed position. “We were concerned that since we appointed him, we wanted to talk to him and find out why he hasn’t been working much. Since he was appointed by the supervisors, we felt it was our responsibility to follow through,” said Holliman.
Allday has qualified himself to run for Constable in the November special election. Two others, Zack Jackson and Larry Pace, have also qualified to run.
“He is on our watch and under our appointment until a special election can be held this November,” said Rushing.
Just over two months remain until the regular special election on November 5, 2013. The last day to qualify to run as a candidate for Constable is Friday, September 6, 2013.