Presley said his office will begin issuing subpoenas Monday, giving the associations up to two weeks to comply. If they fail to do so, he'll seek chancery court orders compelling the associations to turn over their bylaws.
"If the court finds in our favor, and we feel confident they will," Presley said, "then they're in contempt of court" if they don't obey.
It will be a test to see if Presley can flex what he termed his statutory right to review rural water association bylaws. The commissioner launched his request for bylaws in December after discovering those governing the North Lee County Water Association were outdated and non-compliant.
In all, 218 requests went out. By Friday, just 150 had complied.
"All of this could have been avoided had they not been given this lousy legal advice from Mississippi Rural Water Association," Presley said.
The MRWA had advised associations through a memorandum on its website that they're under no obligation to comply. That apparently prompted many to ignore Presley's demands.
MRWA Chief Executive Officer Kirby Mayfield said the Public Service Commission has no jurisdiction in that area and that it's the Secretary of State's job.
Secretary of State Delbert Hosemann told the Daily Journal, however, he has no authority to request association bylaws.
emily.lecoz@journalinc.com











