Capital Towers

125 South Congress

Street
Suite 1336
Jackson, Mississippi

Main (601) 351-9831

Fax (601) 510-9056
www.thecarsonlawgroup.com

Dorsey R. Carson, Jr.

Attorney
Admitted in AR, GA and MS
MS State Bar Approved Mediator
dcarson@thecarsonlawgroup.com

December 21, 2015

SENT VIA EMAIL

Honorable Ronny Lott
Madison County Chancery Clerk
Mr. Mark Houston
Madison County Administrator
RE:

Warnock & Associates Invoices Submitted for Claims Docket

Dear Honorable Lott and Mr. Houston:

Our firm has the privilege of representing Warnock & Associates. I am writing to ensure that all
the invoices attached as Attachment 1 are properly included on the claims docket, as required by
MISS. CODE ANN. 19-13-29; and brought before the Madison County Board of Supervisors
tonight for a vote.
As to the first three invoices listed on this attachment, these invoices have been due for years. We
are aware of the differing opinions from the State Auditors Office and the Attorney Generals
Office as to whether these are due and payable. The State Auditors letter is clear that they should
be; the non-binding opinion of the Attorney Generals Office is that they are time-barred.
You may not be aware of the fact that, though the total on the invoices was inaccurate, the
itemized listings on the invoices were not. These invoices were properly submitted and placed on
the claims docket years ago. This is not a matter where the invoices were not placed on the claims
docket at all. They werethere was just an addition error in the total. We believe this is a
material fact of which the Attorney Generals Office was not informed or aware. My clients
position is that the itemized listings must be used rather than the total, and that each of these
invoices continue to be due and owing.
Another significant distinction is that, unlike other contracts that have ended, the professional
services contract of Warnock & Associates has not expired. The Board of Supervisors has an open
account with Warnock & Associates.

For purposes of the Board of Supervisors consideration as to whether they should be paid today,
it should be considered under the auspices of threatened litigation. If litigation is taken, then we
believe that Warnock & Associates would be entitled to interest, which would be significant in
this instance, and to attorneys fees under the Open Account statute.
As to the other invoices, while I do not purport to speak on behalf of the State Auditor, our
understanding from conversations with that office results in a confirmation that these are all proper
and payable. It is not the vendors duty to ensure that the Board of Supervisors does not exceed its
budget during the first quarter, and my client properly performed work under its Professional
Services Contract. If not paid, my client will have no choice but to seek the assistance of the court.
Again, we believe the Open Account statute, and perhaps other statutes, would result in the
recovery of attorneys fees. Of course, the Board has every authority to pay any pending or
threatened litigation.
Please ensure that all of the items attached as Attachment 1 on the claims docket are brought forth
for a vote tonight. I sincerely thank you for your prompt attention to this matter.
Best regards,

Dorsey R. Carson, Jr.