Recently, the Board of Supervisors was requested to provide the citizens of Jackson County the method by which they could voice their opinion on Indian gaming.
In an effort to keep all citizens fully apprised of where we stand in the process the Board wishes to announce that on Friday March 23, 2007, the Attorney General was asked for an expedited Opinion as to whether or not the Supervisors have the authority to hold a non-binding referendum; its purpose to determine whether the citizens of Jackson County are for or against tribal gaming operated, and on property owned in Jackson County, by the Mississippi Band of Choctaw Indians.
While the Board has requested the Legislature to enact a Local and private Bill giving the Board the specific authority to hold a non-binding referendum, Supervisors felt it was prudent to request the Attorney General's Opinion in case the Local and Private Legislation failed. Certainly, the Board is aware of the Attorney General's Opinion to Representative Danny Guice on the subject of the non-binding referendum; however, pursuant to state statue MCA 7-5-25, opinions of the Attorney General are limited in protection and application to the requesting party and opinions to other officials are advisory only and have no legal effect. The Board of Supervisors needs the opinion written to them, and only them, in order to legally protect the process and the citizens of Jackson County. The Board is optimistic that it will have the Opinion by its April 2, 2007, Board meeting so that it can begin the process of and set the date for a non-binding referendum.
The Board previously made a commitment to the citizens of Jackson County to afford them the opportunity to express their opinion on this issue. We stand by that commitment and will continue to explore all options available to enable that to happen.
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