Jackson Jambalaya

Jackson Mayor Chokwe Antar Lumumba appointed Assistant Police Chief James Davis as Interim Police Chief last Thursday.  Chief Davis is the third interim police chief since Mayor Lumumba assumed office in July 2017.  However, there is a question of whether Chief Davis can serve as Interim Chief without a confirmation vote for 180 or 90 days. 



*Chief of Staff Safiyah Omari introduce former WJTV reporter Candice Cole as the new Communications Director.

*Ms. Cole announced Interim Chief Anthony Moore was stepping down from the position.  She thanked him for several accomplishments:

1. Creating the Police ID Task Force
2. Eliminating the distribution of mug shots for juvenile suspects
3. Implementation of Independent Review Process for officer-involved shootings.

No mention was made about any reductions in crime, fighting crime, or for that matter, anything related to crime.

*Assistant Chief James Davis was promoted to Interim Chief.  A press release provided information about his background:

Interim Chief James Davis brings nearly25 years of experience with the Jackson Police Department to his new role. His first 10 years were spent as a patrol officer before becoming the first Black Range Master at the training academy. From there, he came up through the ranks of the department being named Sargent then Lieutenant of the 3rd Precinct. He then went on to become District Commander, Deputy Chief, and then Assistant Chief. Chief James also has 15 years with the SWAT Team and is touted as a superior marksman.

* Ms. Cole introduced Chief Davis.  He thanked his wife and the Mayor for the opportunity to serve as police chief.  He asked the public to help JPD and said that the police could not fight crime without the public's help. 

*Mayor Lumumba announced that he is commencing a "search for a permanent police chief."  He invited Chief Davis to submit his name for the permanent position. 

Ross Adams (8:45) asked the Mayor if there was a lack of stability at the position.  Chief Davis is the third chief under the Lumumba administration in less than a year.  Mayor Lumumba said he was complying with the "new law that requires a chief to be confirmed within 180 days."  He said the law "presents a new challenge" that his administration was the first administration to actually have to to face that challenge." 

However, the law went into effect on July 1, 2016.  The law placed a 180-day limit on interim appointments serving in positions that required a confirmation vote from the legislative branch. The Attorney General decreed in a 2016 opinion that the 180-day limitation would begin to run for the interim appointments on July 1, 2017.  The law was amended in 2017 to include appointments to boards and commissions that required confirmation votes.

Hold on to your hats.  The law was amended yet again in 2018.*  The law states that as of today, interim appointments can only serve for 90 days without a confirmation vote.  The Mayor will undoubtedly argue that Chief Davis can serve for 180 days without a confirmation vote since he was appointed before the effective date of the new law, July 1, 2018.   The new law also allows registered voters of the municipality to sue to enforce the law in Chancery Court.  The city must pay the attorney's fees for the voter if he wins the lawsuit. Othor Cain asked an interesting question about it at 12:10. 

*The Mayor said former Chief Moore had not decided whether to remain at JPD.  He said he asked Mr. Moore to stay.

Kingfish note: One troubling feature of Chief Moore's tenure was wall that was put up between the public and information about crime. The Comstat reports had not been updated on the city website since November.  Chief Moore changed the meeting schedule of Comstat meetings from weekly to bi-weekly and those meetings were often cancelled.  The number of homicides is no longer included with press releases reporting a homicide.  The amount of  raw information that is available to citizens has been greatly reduced under the Lumumba administration as it was under his father.  At least they put the minutes of City Council meetings on the website.  Harvey Johnson wouldn't allow those to be posted.  Two JPD employees in the Comstat department recently quit so don't expect the release of crime information may not improve anytime soon. 

It is concerning that the Mayor has taken over a year to appoint a permanent police chief.  JPD has had three chiefs in less than a year and if another change is made, it will be 4 chiefs in less than 18 months.  Mayor Lumumba can cite the "challenge" of complying with the law but he has had a whole year to hire a permanent chief.  Apple, Microsoft, and IBM manage to hire new CEO's in less than a year.  There is simply no reason why the city of Jackson can not hire a police chief in less than a year.  Here is some sincere advice for the Mayor: get rid of the pointy-head professors.  PhD's are great at thinking and talking but aren't so great at doing.  They are masters of creating endless lists of criteria and master plans that somehow never seem to work or get implemented.  Get some people around you who have a record of doing something instead of talking about something.  
 
* Here is the new law.

SECTION 2. Section 21-15-41, Mississippi Code of 1972, is amended as follows:

21-15-41. (1) No person shall serve in an interim or hold-over capacity for longer than * * * ninety (90) days in a position that is required by law to be filled by appointment of the governing body of a municipality, or by mayoral appointment with the advice and consent of the council or aldermen. If such position is not filled within * * * ninety (90) days after the expiration of the position's term, or within * * * ninety (90) days after the date of appointment if an interim appointment, the hold-over service or interim appointment shall terminate and no municipal funds may thereafter be expended to compensate the person serving in the position. Further, any action or vote taken by such person after the * * * ninety-day period shall be invalid and without effect. If a council or board of aldermen rejects, or otherwise fails to confirm, an individual submitted by the mayor for appointment, the mayor may not resubmit or reappoint the same individual for that position during the remainder of the mayor's current term in office.

(2) It is the intent of the Legislature that the provisions of this section shall apply * * * to all appointees serving in a hold-over or interim capacity on the effective date of this act * * *. For such appointees, the * * * limitation period * * * for serving in a hold-over or interim capacity shall be no longer than ninety (90) days from July 1, 2018.

(3) Any registered voter who resides in the municipality may file all objections to any matters relating to an alleged violation of this section in the chancery court of the county where the municipality is located. The chancery court is authorized to adjudicate and determine relief as may be proper. The court shall award reasonable attorney's fees and costs to the prevailing party. Copy of bill.