Canton Municipal Utilities refused to disclose whether it paid a severance to former Executive Director Kenny Wayne Jones. JJ submitted a public records request to CMU on February 21 for a copy of any settlement agreements, checks made payable to Mr. Jones in the previous 90 days, and any payments made to Mr. Jones in the last 90 days. JJ received several tips that the former Executive Director received a severance package from CMU and attempted to verify them. Mr. Jones was recently fired by CMU.
CMU attorney Ed Blackmon refused to provide any records. His response stated:
The matter referred to in your request concerns a personnel issue involving Mr. Jones as an employee of CMU, and is thereby exempt from the provisions of the Mississippi Public Records Act.
The subject of your request is exempt under the provisions of the Mississippi Public Records Act. CMU's response to the same is limited to the above.
Kingfish note: It is the position of the website that settlement agreements and payments are a matter of public record. JJ has gone to court over this issue and won. The Hinds County Board of Supervisors attempted to keep a $2.5 million settlement with Motorola secret but Special Chancellor Larry Buffington ordered them to cough it up. The Chancellor decreed:
The settlement reached by the parties involved a cash settlement and there has been no showing that any part of the Agreement included the disclosure of proprietary interests that would disclose to the competitors of Motorola Solutions, Inc. information that would put Motorola Solutions, Inc. at a disadvantage in any future contract bids....Indeed, Attorney General Jim Hood said that the Department of Public Safety could not keep private settlement agreements with former employees who sued the agency. The Mississippi Ethics Commission recently ruled against the City of Jackson when it denied a request by WLBT for several settlement agreements. The Ethics Commission stated:
This Court further finds no compelling reason to not require the Hinds County Board of Supervisors to provided the settlement agreement to the public pursuant to a properly filed Freedom of Information request.
The settlement agreements sought by WLBT are clearly public records, regardless of whether these agreements contain a provision requiring confidentiality. The city was unable to identify any statutory or court decision specifically exempting these settlement agreements as confidential or privileged and not subject to the Public Records Act. Further, the Mississippi Supreme Court has noted, " public records which do not fall into a carefully defined exception provided by law are entirely open to access by the general public."
Mr. Blackmon will no doubt argue that employee records are protected under the public records laws. However, payments are public records. It is simply mind-boggling and contrary to the fundamental principles of a representative government to claim that the voters have no right to know how much money was spent by a government agency. Mr. Jones never actually sued CMU so there is also the question of whether he received any severance pay and if so, is such a payment legal?
It appears Mr. Blackmon is going to get the chance to bill his client for 25-30 hours of work on a public records fight. Mr. Blackmon wins even if CMU loses.
62 comments:
Yes Kenny was paid $150,000 and was bragging about it with his buddies st Char. Blackmons control Jim Hood and Michael Guest has openly stated that he was not interested in messing with the Blackmons while running for Congress. Hell Guest might be trying to get some of Kenny’s money in the way of a campaign contribution.
Is this a joke? CMU is paying “golden parachutes” with tax payer money? If the DA doesn’t do something about this he needs to be run off! Kingfish you have once again layed the facts out clear as day! NOW do your job MICHAEL GUEST......
Who hurt you?
Won’t read about this in the “Madison County Journal”, they are too busy reporting in Flowood.
I didn't lay out any facts. Just reported that I asked for some records and was denied.
Ready Eddie and Babbs raping the city of Canton all over again.
Is it legal to pay severance to a city employee?
WOW!!! CMU seems to be making up laws to fit them. I would too if I was a Blackmon. Rules don’t apply to Ready Eddie. Ain’t that right General Hoodwink?
>>>Just reported that I asked for some records and was denied.<<<
Isn't that a fack Jack?
Here's another fack that can help organize your public records research into CMU: MS Code § 21-35-25 (2013)
Because any substantial settlement would need to be spread in detail upon the minutes of said board of governing authorities in a number of places.
KF's stellar reporting continues to reach new heights.
The real problem is no one is able, or willing to make CMU and many tax supported agencies accountable. Especially, if they are run by blacks. The blacks know this.
These little "kingdoms" must be held accountable. After all, the law is on our side. We just need someone to enforce it and a judiciary that will expedite the prosecutions.
Truly, some bad ass reporting !! Now, let's got to court and force CMU to deliver the documents.
"It is simply mind-boggling and contrary to the fundamental principles of a representative government to claim that the voters have no right to know how much money was spent by a government agency"
Kingfish, do you vote or pay taxes in Canton?
One part of Kingfish's article is blatantly wrong. The portion that is in error is this:
"It appears Mr. Blackmon is going to get the chance to bill his client for 25-30 hours of work on a public records fight."
The truth is that the Blackmon firm may spend 25-30 hours on the fight, but will probably bill about 10 times the hours spent.
Hood doesn't prosecute family, friends and Donkeycrats.
My power gets turned off immediately if I can’t pay my bill, CMU is sitting on Millions in reserve funds, Commissioners are using these fund to pay their personal bills AND now you tell me they “might” have paid Kenny Wayne who was making $160k a year a big severance payment? Where is the Justice? Who do we call? What can we do? HELP
@11:16am I vote and pay taxes in Canton. What’s your point?
Blackmons recommended paying those legal bills that the state auditor deemed illegal and now they have made a severance payment that is also illegal. I hope the State Auditor is sorting out this mess!
Where is the DA is all of this. Why has he not taken some kind of action to enforce the laws??
You are expecting the State Auditor to sort this out?
Help me!
Ed Blackmon's response is not a denial that such an agreement exists.
@2:18pm the Republicans in Madison County have given up on Michael Guest. My friends and family are not supporting him in the future and I hope the rest of Madison County follows our lead. He is soft on white collar crime and too busy telling people about what he is “going to do”! I’m sick of being used by Mr Guest. Do something about CMU Guest and earn back the respect of Madison County.
Guest has been on the teat of the Rankin Republican Party for so long he must be delusion from the milk. If he thinks he can win a seat in Congress, he is about as dumb as the three times it took him to pass the bar exam. Michael is too scared off his own shadow, doesn’t have a backbone and will not touch Kenny Wayne or Blackmon. He wants and needs their money. Dirty or clean. Can we please get someone to run for DA that will actually prosecute all criminals??
@5:04pm Guest is out campaigning for Congress all while drawing a check from the tax payers for his job as DA. Mary is right, Guest is not focused on the problems facing the people of Madison County, let alone Canton and CMU. We need a new DA and someone in Congress that will represent Madison County.
This deserves to be looked into
@7:34 is 100% correct
Lots of moving parts and players behind the scenes here. Warnock is one. He and Espy worked together when Warnock was the first to attempt to raid CMUs millions. Pickering and Guest will do nothing. They are both afraid of the Blackmons and Warnock.
Sooooo.....should Stacey come out of his RV and investigate or should Guest make the gutsy call to (ahem) offend some of his would-be constituents??
Stacey needs you all to accuse some regular clerks and office workers before he'll even think about bustin some chops! Those making under 30K are ideal, as the Auditor ordered repayments can be stretched past Stickering's retirement date!
Severance in the public sector is legal for one reason - Because it is not illegal. Whether it makes sense and serves the public interest are other matters. It does neither.
It ought to be made illegal. Severance is typically paid, in the private sector, to get ex-employees to shut up and go away and they usually sign a severance agreement regarding future claims, competitive employment, etc.
"Blackmons recommended...and now they have made a severance payment that is also illegal. March 19, 2018 at 2:08 PM"
Please cite the legal basis for your claim.
A severance payment itself is just a payment. That's all. So if a severance payment was exempt from a public records request because it's a personnel issue, then the salaries of all public employees would also be exempt. Which they are not. Blackmon is stalling, or just hoping KF goes away. Because Blackmon won't win.
Ready Eddie strikes again!
IF this is true and the CMU commissioners paid Kenny Wayne a dime of “severance” they will soon be served with another demand letter from the State Auditor split 5 ways. Chinn, Nason, Williams, Jackson and Slaughter will be coming out of their pockets for Kenny Wayne’s severance they approved. I bet the Blackmons recommended this payment just as they did the legal bills.
@6:07am. Don’t forget about the $100,000 CMU Commissioners paid Ashley Comstock and Company without a contract or board action! They (CMU commissioners) will each have to come up with another $20,000 each to pay those fees back. Looks like it’s going to be expensive to be a CMU commissioner! At least while CMU is getting poor legal advice from Ready Eddie and Babs.
Guesst has always been tight with Warnock (and Tim Johnson). that should tell the Madison County voters alot!
What would it take for the Feds to come in and stop all this nonsense? Everybody, it seems, has a reason why the DA, Auditor etc. won't or can't do anything about CMU. Seems like the Feds could come in without fear and clean house.
I'm @6:45 AM above. Understand that maybe the severance agreement could be confidential. Or maybe a severance agreement is public with certain private info redacted. But I don't see how the severance payment (such as a cancelled check) could in any way be considered private. It has to be open to a public records request I would think. I might could see Blackmon's point on the agreement, but not on the payment.
Nissan pay attention!! CMU is going to effect your ability to operate. You don’t realize what’s on!!!!
Barbara Blackmon forced Kenny out and brokered the pay off. Wake up Guest!!
Eric Gilkey and Cleveland Anderson are telling the Blackmons what to do. FBI & DA & AG need to start with these two and it will lead then straight to the Blackmons and guess who is above the Blackmons holding the house of cards in place? DR TRULY
Y’all I know some of the people being talked about on this site and I’m here to tell you that some of the people running the city are good law abiding people. Alderman Les Penn and Fred Esco are tryin to clean up canton, but they need help. Today at 4:15 there is a board meeting. I say we fill the boardroom up with tax payers and demand corrective action against those CMU commissioners. Let’s stand up and stop letting them tread on us!
Don’t worry David Mockbee and Mary Hawkins will own CMU through the lawsuit filed against CMU! Mary & the Calvary are on the way. Before Trulys term is over the city will no longer have CMU or the landfill.
We need Marshall Ramsey to put together a cartoon for these clowns at CMU
Where are the yawners who earlier claimed severance is illegal in the public sector?
Severance is illegal in the public sector. Illegal gift.
IF Kenny Wayne was agreeable to this severance then why is he trying to get his job back? Sounds like this needs to be investigated further.
@1:06 Is Kenny Wayne trying to get rehired? Asking because I honestly don't know. I assumed that ship had sailed for both sides.
12:13 cite your reference.
"Don’t worry David Mockbee and Mary Hawkins will own CMU through the lawsuit filed against CMU! Mary & the Calvary are on the way."
Please leave the Baptist church out of this CMU mess.
@1:47pm YES Kenny was forced to resign by Barbara Blackmon in exchange for $$$, however he did not want to! Ask any of US employees and you will find out what I’m telling you. Kenny wants his job back and we want him back!!!!
Out with the Blackmons! Come home Kenny to CMU!
REALLY @10:25AM??? Les Penn is trying to help "clean up" the mess???
Hell, he was one of the gang that helped Rudy Warnock hijack CMU the 1st time around so he (they?) could "clean up". As a result, the Blackmans did their CMU Hijack Part 2.
John Wallace built CMU into a well run profitable enterprise. It is a damn shame it has been turned into a pinata by the thieves that came after him.
@5:33. John Wallace pulled his share of shenanigans. If you have followed the reporting on this blog, you have seen the report of MCWA hiring Attorney David Mockbee to go after over $2 million in overcharges that started under John Wallace. I believe they started in 2004 or so according to this blog.
@5:33 Yes according to Jerry, Les was the one who called Ed and cmu out over the last few months in public and private meetings about these personal bills and KWJ $.
@5:33pm Les Penn did NOT vote for Rudy as City Engineer or support him for CMU Engineer. Check your facts! Cleveland Anderson recruited Rudy as CMU Engineer.
@9:51 on Tuesday August 1, 2017, Warnock & Associates was hired by the City of Canton as the City Engineer. It was a 4-3 vote in favor of hiring Warnock. Voting in favor of hiring Rudy was Fred Esco, Les Penn, Eric Gilkey, and Andrew Grant. Voting against hiring Rudy was Rodriguez Brown, Vicki McNeill, and Daphne Johnson Sims.
So you are flat wrong. Penn did vote for Rudy.
@8:15, Rudy has not been the city engineer for Canton since April of 2017. He was hired in 2013 fired in 2017. Check the minutes.
@5:33 you need to figure out which side is which. Penn and Wallace communicate on almost everything that has to do with CMU to this day. KWJ had Penns support as well because Wallace supported KWJ
Kingfish do you know if the State Auditor is aware of this?
@9:40 you are correct that Rudy was fired in early 2017. But he was rehired in August of 2017 briefly. And Penn was for it.
With all of the corruption in Canton with CMU who would want to work there? I hear through the grapevine that more trouble is coming CMUs way. Bad trouble!
Penn is trying to help set things straight. John Wallace made it profitable. The current Mayor, Blackmons, Cleotha Williams, LC Slaughter and other parties are destroying a successful business. The state needs to take over the City of Canton, The Mayor, CMU and reestablish a great city.
Penn is not setting anything straight. None of them are. It's so bad it makes me want to cry. They all need to go. The mayor, the CMU board, the aldermen, the Blackmons. All of them. None deserve to stay. I would let Miriam Buttross back if she would come. She's honest. I wouldn't let John Noble anywhere near CMU again. It's bad folks. Worse than you know. Rudy Warnock, Charles Weems, John Noble, Dr. Truly, Eric Gilkey, Cleveland Anderson, Kenny Wayne Jones, Karl Banks (and his son Claude), and Les Penn are almost done destroying my hometown.
Let's put Ralph Barnes, Lloyd Spivey (the dad, not the son), Frank Carter, Frank Street, and Miriam Buttross on the CMU board.
Noble can go hang out in the zebra tent that Claude Banks helped fund.
As a cantonian I’ve got to say I’ve seen and heard some funny stuff in my life but what @11:20 said makes about as much sense as pushing a rope!! Do you have any clue @11:20 how bad the minority of canton would want that board??? There isn’t a word for it, but guess what? They are the MINORITY now.... $1,000 says you don’t live in Canton anymore!!!
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