State Auditor Stacey Pickering filed a motion in Hinds County Chancery Court this week trying to block the mayor from getting that $96,000 saying in his motion that Mayor Davis and the court are aware that he made the payment voluntarily.
In other words it was a voluntary partial payment of $96,000.
Auditor Pickering's Office said Mayor Davis' counter-claim to the funds mis-states the facts and that the mayor's lawsuit is frivolous. Davis' filings for the money were solely for the purpose of harassment and delay, and that there are no facts that would support the mayor getting the $96,000 back, Pickering said.
A voluntary payment according to the State Auditor's Office claims there are no facts that would support Mayor Davis getting the $96,000 back, and that according to the State Auditor's Office a voluntary payment cannot, under state law, be recovered.
Included in the exhibits in the filing by Auditor Pickering's office, something most of us have never seen before, is the $96,000 check written on behalf of the mayor to the State Auditor's Office as partial payment for the State Auditor's demands and a copy of the check that the State Auditor also wrote back to the city of Southaven.
Mayor Davis' attorneys say he has committed no crime, he is guilty of nothing, and he has not been formally charged with anything. They also say there was no audit, and this was only an investigation and the mayor deserves his paycheck and the $96,000 back.
This one appears to be going back to court with more motions to follow