The Motorola lawsuit filed by Hinds County several years ago has been the subject of much controversy and media coverage. However, media coverage does not mean media scrutiny as there has been little reporting about the lawsuit itself, much less any analysis (I must disclose that this website is engaged in litigation against Hinds County and Motorola over the settlement agreement of the lawsuit as the two parties attempt to hide it from public view.). The case is important as Hinds received $1.5 million from the settlement while neighboring law enforcement agencies are once again unable to communicate with Hinds County and JPD.
Supervisor Robert Graham moved at a board meeting in 2008 to have Brown Communications "audit" the county radio system. Then-Brown employees Stacy Stowers and Nathan Hargrove examined the system and issued their report only eleven days later at a speed that can only be labeled as a model in private-sector efficiency. The report claimed Madison, Ridgeland, and other agencies were "bootlegging" off of the system. The Jackson Free Press reported in August 2008:
"Hinds County Supervisor Robert Graham said a preliminary audit suggests the cities of Madison and Ridgeland have been bootlegging Hinds County’s 800 MHz Motorola digital radio system with the help of a former Hinds County employee. The audit, conducted by Browns Communication of Jackson, also suggests the unauthorized users have passed Hinds County’s system key along to other vendors, who are also using it without Hinds County Board of Supervisors’ approval." Article
The Supervisors subsequently retained the husband of the board attorney on a contingency fee basis to sue Motorola for damages. Attorney Precious Martin asked for $15 million in damages from Motorola in a demand letter. Motorola did not comply with his demands and the county filed suit. The case settled earlier this year for an undisclosed amount after going to trial for two days. Such action probably boosted Mr. Martin's level of pay to 40% of the settlement and expenses. Several stories reported Hinds County received $1.5 million from the lawsuit as the amount appeared in the county ledger. The case was assigned to Hinds County Circuit Judge Winston Kidd. The jury was selected (11 black jurors, one white juror) and seated when Motorola settled the case. However, it is still unknown how much Mr. Martin was paid or what the terms of the settlement were.
Hinds County filed suit against Motorola, John Wilson, Bill Roberts, and several John Does on February 5, 2009. John Wilson was a Captain in the Hinds County Sheriff's Office for over twenty years and is now in the employ of Motorola. Bill Roberts was a Motorola sales agent. The lawsuit claimed Motorola conspired with Wilson and surrounding local governments to give those governments access to Hinds County's radio system and equipment. Hinds also claimed Motorola lied to the board about the need for upgrades in order to increase sales to the county. Hinds County argues it never intended for anyone to have a system key (fancy name for the password) to its radio system and it never authorized anyone to give such access.
The lawsuit charged the defendants with counts of fraudulent misrepresentation or omission, trespass, negligence, fraudulent deceit, breach of contract, intentional mismanagement, civil conspiracy, and breach of fiduciary duty. Oddly enough, Hinds County did not include Madison or Ridgeland as defendants. Odd if they are the ones who were allegedly stealing from Hinds County. Motorola answered on March 16, 2009 and predictably denied the allegations.
JJ examined the court records, talked to numerous individuals involved in the controversy, and has a pretty good idea of what took place. A major problem in metro area law enforcement has been in the area of communications. Specifically, Hinds County has always operated a radio system that can not communicate with other agencies. If police from other areas are in pursuit of suspects, they can not notify JPD or HCSO they are coming into their jurisdictions. If a disaster happens in Hinds County, first responders from other areas will have radio equipment that does not work in Hinds County. If JPD is in pursuit of a suspect into another county, they can't talk to the local police department for support.
Although the inability to communicate has been the subject of much controversy for many years, nothing was done until 2006 when the FCC decreed Sprint/Nextel had to re-band the 800 MHZ frequency. JJ obtained through public records requests copies of numerous emails, letters, and proposals between the parties that are posted below.
Madison and Ridgeland made a formal agreement with Hinds County through Captain John Wilson (See the first document posted below). Agreements were signed. Votes were taken. Captain Wilson negotiated with Motorola on behalf of Hinds, Madison, and Ridgeland.A letter from Madison Police Chief Waldrup to the Mayor and Aldermen states "The FCC has ordered Sprint/Nextel to update agency's radio equipment and/or relocate agency frequencies that will not convert to the reassigned frequencies." The letter also states the control panel for the "new interoperable system is located in Hinds County." Chief Waldrup then requested authorization be given to Captain Wilson to negotiate for the city.
Captain Wilson was the leading communications expert for Hinds County and was tasked to work under Hinds County EOC Director Larry Fisher. Mayor Mary Hawkins-Butler issued a letter on May 30, 2006 approving the request and cc'ed Hinds EOC Director Larry Fisher. Madison spent $1.24 million (see documents below) on the new equipment. Ridgeland passed a similar resolution. Did everyone get that? Captain John Wilson of Hinds County negotiated with Motorola on behalf of Hinds County, Madison, and Ridgeland with Motorola. Does this sound like "bootlegging"?
The problem is there was no memorandum of understanding between the governments nor was there a vote by the Hinds County Board of Supervisors recorded in the minutes. Just because there was no MOU or vote taken does not mean the Board was not aware of the project. The minutes from July 18, 2005 state on page 3: "
"Mr. Larry Fisher, Emergency Management Director, updated the Board on communication equipment for the City of Jackson... They discussed moving forward with this endeavor and anticipate this has been brought before the Board in the near future. This will enable public safety communication between Hinds, Rankin, Madison, and Warren Counties. There was discussion on this matter, no action was taken."
Mr. Fisher told this correspondent he and Captain Wilson told the Board about the project. Mr. Fisher said he told the Supervisors they were working with Madison, Ridgeland, and other agencies to have a compatible system and it would not cost the county any money. He said Supervisor Doug Anderson said if that was the case, they did not need to take a vote so none was taken. Such claims would explain why Motorola sought copies of the audio recordings of the meetings (and why Hinds sought to exclude them if they existed.).
Mr. Fisher also disputed the audit's findings as he said there was no cost to the system to allow other agencies to use it. He said the towers would operate regardless of who used them while there was a need for law enforcement agencies to have the ability to communicate across county lines. It should be noted Hinds County did not include Mr. Fisher's deposition in any part of the court file.
Mr. Fisher DID send a letter to then-Mayor Frank Melton that stated Hinds, Jackson, UMC, AMR, Clinton, Vicksburg, Madison, Ridgeland, Warren County, and Rankin County would all be using the same system (See exhibit below). Captain Wilson stated in his affidavit (See second document posted below) Board President Charles Barbour and other Supervisors were briefed on the matter. Captain Wilson said he was authorized by Mr. Fisher and Sheriff Malcolm McMillin to create a system where first responders "could communicate with each other." However, Sheriff McMillin denied giving him such authority in his affidavit.
Motorola filed a motion to disqualify attorney Precious Martin. It is rather interesting reading and mentions the "Waffle House meeting". Copy of motion. Motorola also filed a motion seeking a change of venue. Hinds filed its own motions to exclude evidence on the Byram police radio controversy and allegations Stowers and Hargrove stole from Brown Communications. However, the case settled before any of these were adjudicated. Motorola has filed a request for a protective order sealing the case.
Editorial comment: What do I think happened? The inability of surrounding first responders and law enforcement agencies to communicate with those on Hinds County's radio system has been a HUGE problem for years. I think several Hinds officials such as Mr. Fisher and Captain Wilson as well as some Supervisors realized this and decided to fix the problem. There were negotiations, signed agreements and the like. What did NOT take place was a board vote or a memorandum of understanding between the different governments but since Mr. Fisher told the board there were no extra costs, its understandable they would not vote on the matter.
Mr. Graham comes into office, uses his expertise as a police communications expert to "audit" the system and shazam, the guys he picks discover a massive theft no one knew was taking place. They used the lack of a vote or MOU as a loophole to go after Motorola. What is really interesting is they never sued Madison or Ridgeland. Now if there was bootlegging or theft, it was done by those two cities and other governments, not Motorola. So why didn't Hinds sue the alleged culprits instead of the vendor? What is interesting is when Madison and Ridgeland went to the Wireless Commission a year ago to join the statewide radio system (MSWIN), Mr. Smith appeared at the meeting to oppose their leaving the Hinds system. Mr. Hargrove told the Commission it would cost Hinds money for them to leave the system although he was unable to specify how much or how such cost could be determined when asked by Commissioners. So if they stay on the system, they bootleg, if they leave, they have to pay. Heads I win, tails you lose.
Read page 12:
Copy of complaint
Motorola answer to complaint.
Dismissal of lawsuit
The audit
George Smith affidavit
Affidavit of Peggy Hobson-Calhoun
Affidavit of Doug Anderson
Monday, October 17, 2011
Did Madison & Ridgeland really "bootleg" off of Hinds radio system?
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25 comments:
I think all neighboring agencies should be able to communicate instantly. This is just Graham doing what he does trying to lace his pockets.
KF, correct me if I'm wrong.
Here's what we know happened:
1. Graham comes into office.
2. HCBoS Hires Brown Communications for audit.
3. Eleven days later, audit finds bootlegging of radio system (Sidenote: Stacey Pickering...are you paying attention at how quickly an audit can be done?).
4. HCBoS votes to allow the board attorney's husband to sue a big company with lots of money (ie Motorola).
5. Two (now former) employees of Brown Communications, Stowers and Hargrove, are star witnesses for Hinds County in bootlegging lawsuit.
6. Stowers and Hargrove form new companies after negotiating sweetheart deal (to the tune of several million dollars) with HCBoS to maintain county emergency sirens, the radio system and other things. Notice I said AFTER.
7. Bootlegging lawsuit settled. The amount the board attorney, I mean her husband, collected is unknown. Hinds County got $1.5 mil.
What I would LOVE to see is where the taxpayer money went after Stowers/Hargrove were (or really, still are being) paid millions.
Do you really call this an audit? Actually read it.
The only thing I'd add to your timeline 1:28 is a footnote identifying the myriad of times Stowers and/or Hargrove sat in on HCBoS Executive Sessions ostensibly, as reflected in many Board minutes, to discuss the Motorola litigation. You'd think would be the role of the hired counsel and not that of these two witnesses cum vendors with spankin' new county contracts.
No, I don't. I initially had it in quotes but removed it because lots of things associated with this story should be in quotes since they are cheap imitations of the real thing: audit, bootlegging, contract.
My aside to Pickering was a poor attempt at sarcasm. My apologies.
Additional snark: the point of the timeline is to make it really easy for the CL/JFP/TV station trolls to put the pieces together.
the point of the timeline is to make it really easy for the CL/JFP/TV station trolls to put the pieces together.
The JFP interns and WAPT newsroom still won't be able to figure any of it out though your effort to mentor them is commendable. As for the C-L, Davey's policy is to not report on corruption in govt when Democrats are in charge.
Read the exhibits. Interesting.
Exhibit C kind of blows up Precious' argument that the board didn't know, doesn't it? Considering it's on board letterhead and all...
One more comment, a FWIW.
A couple of years ago I had to attend a minute-taking class on behalf of a local charity. The first (and most important) rule I was told was to say as little as possible in the minutes in case there was ever a lawsuit. Only report actions taken, such as so and so moved for x and y; blah blah seconded; the motion was approved. Under no circumstances did we need to write verbatim what happened in the meetings.
That said, in reading the minutes attached as exhibits it seems there were different folks responsible for recording the minutes. Look at the section actually quoting Melton vs other orders of business, even discussion items. Seems a haphazard application of what makes it to the official record. If only you had video of those meetings, KF.
Break One Nine! Anybody got a 10-36?
What I find interesting is that under The Patriot Act Federal dollars were spent to correct this type of situation. Why no mention of this as a concern?
An eleven day audit ?????
Thanks KF for making Monday just a little better.
I've been laughing my ass off all day thinking about
an eleven day audit.
Shakespeare, Faulkner and Timothy Leary on a month long LSD trip could not come up with a cast of characters such as these.
Only thing missing is Stokes and Choke'way .
But then again, this is only the prologue. Right ?
I agree this isn't an audit. As a distinguished and highly knowledgeable RF engineer, I can speak with some authority. This radio system works like a computer network in that you can allow only specific users to use it and monitor those users as they use it. In addition, a database exists showing which radios are on the system and the name of the user (police man x, etc.). This database will show the number of radios on the system (some 2000 according to the "audit.") Please understand - EACH radio has a unique ID and this ID must be programmed into EACH radio. If not, detective x in county H will have the same name in the system as patrolman Y in city P. Not a situation you would want if/when one of them is in trouble and you don't know who is down. It isn't like the old days when you can buy crystals for radios and put any old radio on the repeater without the owner knowing about it.
Whoever is perpetrating this fraud is knowingly violating the system's agreement with Motorola and the owner (the real authorized users). This situation is also a security breach. Think about it - if a yahoo from the next municipality pays off a tech to get on the radio system, how easy would it be for a criminal or terrorist to get their hands on the radios and know what the police are doing?
It only gets better for "Lieutenant" Robert Graham and one of his crony capitalists.
But an EF Johnson representative confirmed Monday that Northstar Wireless no longer has a dealer license agreement with EF Johnson.
"We terminated that agreement with them," said Karthik Rangarajan, vice president of marketing for EF Johnson.
He would not elaborate on why.
It isn't about race. It is about abject and total incompetence.
Kingfish...I suppose you saw this article in the Clarion Liar this morning..?
http://www.clarionledger.com/article/20111018/NEWS/110180342/Hinds-loses-radio-source?odyssey=tab|topnews|text|Home
I want to respond to just some of the comments that Jackson Jambalaya made in this commentary on 10/17/2011. First, let me just state that it is very important that the general public recieves information, especially regarding actions that political subdivisions engage in. The average taxpayer does not come to meetings and they rely on media outlets to follow their actions. This is why you should get information and print the truth. In the case of this article, to the extent that I have read so far, you are misleading your readers by printing false information. To start off with, the Motorola Lawsuit. It is not the Board of Supervisors that is trying to hide anything. The judge issued the order causing us not to be able to respond to any requests.If you need additional information regarding the lawsuit, it would have to be requested from the judge not the Board of Supervisors. Regarding the audit, for the record, Hinds County bought the Motorola System years before Madison and Ridgeland. Hinds County bought a stand alone system. When Madison and Ridgeland bought their system later, they tied their system to Hinds County's system without Hinds County's knowledge. Madison County did not have to develop the infrastructure or the backbone for their communication system because they were able to tie into our system at a much cheaper cost. If this had not been the case, the lawsuit would not have been settled and Hinds County would not have been paid for the damages. I say again, it is important to have information but get your facts straight when you are informing the general public.
Sorry Smith. After too many years on the HCBoS you are not an agent for the truth.
The contracts you let to Airwave are illegal. Period. The contract you let to Derrick Johnson is illegal. Period.
Spin it however you want.
Why don't you show us some leadership George and vote to allow Byram to get their radios programmed without the intervention of Graham's cronies?
Mr. Smith, first of all, the judge has not sealed anything. One party filed a motion for a protective order, no decision has been rendered. Which means at this time the Board or its attorney can respond to questions about the case. I will disagree with your claim Hinds didn't know about it when I am reading numerous emails between the various governments, Hinds is negotiating for those two cities, and several Hinds employees state the county knew about it.
Even if I am slanting everything or not telling the truth, I posted the filed and exhibits for everyone to see for themselves.
Thanks for the timeline. Wish I'd seen it before I spent all day coming up with one of my own.
Thanks for the clarification, Superviser Smith. I look forward to your continuing posts if the warden allows internet access from your cell.
NB: to those offended, he is a politician, this is political speech, check your First Amendment.
First of all, I would like to commend Supervisor Smith for commenting on this thread. 99% of the other politicians don't have the stones to do it.
That said, anyone else frightened by the thought that an elected official literally has no clue what's being done on his behalf? Let's take the Motorolla suit, since he cited it. How he can claim ignorance of Madison and Ridgeland's piggybacking on the Hinds system is beyond me, especially considering there is that one exhibit on the BOARD OF SUPERVISORS FREAKING LETTERHEAD acknowledging said piggybacking.
What really needs to happen here is for the board to collectively say we made a huge mistake, let's make it right and move on. Instead, in classic Three Stooges style, we get a don't look at me, look at him defense. If it wasn't so damn depressing it would be funny. But I just can't find the energy to laugh at the stealing of millions of taxpayer dollars all to further....whom? Graham? The Martins? Stowers/Hargrove? (they seem to be hapless middlemen--more of a means to an end.) Yeah, now that I think about it, most of the blame in this fiasco can be laid at the feet of Crystal Martin. She has given bad advice to the Board, if not outright lying to them. It was within her capacity as the legal consultant to stop all of this at the beginning. No to the no-bid. Not allowing her husband to represent the board (clear conflict of interest). Hell, even acknowledging there probably shouldn't have been a lawsuit in the first place. All of these things were within her power to stop. She didn't. And as a result, she has benefited financially from them.
It's all a mess and nobody seems to want to clean it up, esp not Hood or DA Smith.
Sorry for the dissertation, KF. But thanks for the vent.
Good Morning Mr. Smith,
After reading the most recent article in the CL (and anticipating info here); do you disagree with Mrs. Calhoun's concerns?
I am finding it difficult to look beyond the "gang of three" who continue to stonewall, at a minimum, an audit of the Airwave agreement. A contract audit is a common practice in business regarding the management of contracts to ensure specific performance against contract expectations.
The legal issues in my mind are clear. I've read the law on Professional Services Contracts and the contract that was awarded does not meet the criteria. It is that simple. The fact no one wants to pursue it is, perhaps, the larger issue.
The (to borrow from SF) Sheeple's media is waking up to the shenanigans going on with the BOS; I would think it prudent to think twice against a continued stonewall against these issues.
Sup Smith can do the right thing and get out in front with the truth about this stuff or he can let the events taint his legacy once he leaves office.
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