The Lumumba administration did not take too kindly to Waste Management's threat to take legal action after the Mayor declared a state of emergency so he could award a garbage contract to Richard's Disposal of New Orleans.
The contract for sanitation services expired last fall but the City Council and Mayor Chokwe Antar Lumumba deadlocked over the new six-year contract. Waste Management agreed to pick up the trash for another six months. The term ends March 31.
The City Council twice rejected the Mayor's choice for a new garbage contact, Richard's Disposal of New Orleans last month. The city argues the contract was only rejected once because it removed a line from one contract and presented the "altered" contract for ratification as a new one. However, the Mayor has not presented the contract for a second (or third) vote. Mayor Lumumba instead declared a state of emergency last week and issued a one-year contract to Richard's Disposal on March 1. The City Council voted to hire its own lawyer in the dispute with the Mayor.
A fed-up Waste Management protested it earned the highest score for twice a week service without a garbage cart in a letter it fired off to the Mayor and City Council the day after the Mayor issued the royal decree. The company accused the Mayor of declaring a phony emergency so he could "circumvent" the law. Waste Management offered to continue garbage collection for the month of April if the Mayor would negotiate. Legal action was threatened as the company said it would pursue all remedies if the Mayor kept trying to ignore the RFP process.
City Attorney Catoria Martin wasted no time in answering Waste Management the very same day. She took much umbrage to the letter as she accused Waste Management attorney Chase Bryan of unethical conduct without discussing the merits of the letter. The City Attorney accused him of contacting her clients without her permission.
Kingfish note: It appears this mess is going to wind up in court one way or another.
45 comments:
City of Jackson is trying to avoid open government saying that all of this matter has to be kept between attorneys and not public record. Shitty government, IMO. Doesn’t change much with that administration.
And it should wind up in court. A CRIMINAL COURT. The folks here in Jackson who actually pay their bills should start a class action against the whole crew. The Mayor should really re-think this whole "leader" role and go back to being a slick and greased lawyer.
Catina Martin is a clown show… my
Money is on WM… it’s a no brainer. Knife to a gun fight!!!
I notice that both letters are from Ridgeland law firms.Are there no more law firms in Jackson that an handle Jackson’s legal issues?
Don't know why so many people are so upset, disappointed, surprised. This is government, or anything else for that matter, when you put Democrats in charge.
what a substantive response-
@10:29 AM
LMAO @
Slicked and greased lawyer. Sooooooo funny. Now, can you do Geraldine?
@10:31 AM - how many law firms want to be located in an area where their clients are either robbed, or their cars broken into/jacked in their parking lot, right?
@10:31 All the large law, accounting and financial firm cut-n-ran years ago. The once nice office space at the Landmark Center is to become Section 8 housing. The liquor stores, payday loan and check cashing joints should follow. Maybe a couple of pan trout cafes and pig-ear sandwich shops to promote our unique eats! Our state will have a real showcase of a capitol city downtown area to attract capital and investment when we show off the best we got!
The Waste Management attorney definitely violated the Mississippi Rules of Professional Conduct by communicating directly with the Administration when he knew they are represented by counsel on this matter already. Slimy as hell. Oh well, I am sure the Mississippi Bar will do nothing about it. It never does anything any longer except in extreme cases.
The comments to rule 4.2 seem to specifically authorize this type of communication:
“Communications authorized by law include, for example, the right of a party to a controversy with a government agency to speak with government officials about the matter.”
Just a law student though, maybe someone else could clarify?
Young Williams has a ton of connections with the state government…..
negotiate a contract with a New Orleans company??? If a contact is awarded to them, look for a new Benz is Hiz Honor's parking spot the next Monday.
Thanks, 11:01. Always read the comments/Advisory Committee Notes.
If this is the best Catoria can do, the Peoples Republic of Lumumbaland is in trouble. The rule she cites is inapplicable here. But the she also seems to think that a lowest bid is necessarily the best bid. She also seems to have trouble in understanding that a city council is not bound by a mayor’s determination that a bid is “best and lowest”.
So does Young Wells.
10:56, what the hell are you talking about? They have an existing business relationship and there is no current litigation. The letter WM sent was a matter of courtesy, which should be appreciated.
The RFP clearly states that the process is being managed by the City Clerk's office and the Director of the Public Works Department. It is not being managed by the city's law firm. As the RFP process is ongoing, what is wrong with reaching out directly to the city? Dang lawyers.
RFP: https://www.jacksonms.gov/documents/request-for-proposals-for-solid-waste-collection/
It's crazy as hell. She says these are her clients yet the council has retained it's own attorney in this matter. Or does that only apply to the dispute with Richard's? The WM letter is addressed to the mayor and city council which is the entire government of the city which any citizen not in litigation can do at any time. Or can we? Or does ALL correspondence have to go to the city attorney since she represents the city government? Can any of us talk to the mayor directly about garbage now without his lawyer? Clarity.
Did the Council actually hire an attorney or just vote to hire an attorney?
The best bid is the one that makes Chowke rich (or keeps his knees from being broken)… regardless of what it costs the (poor minority) citizens of Jackson. He doesn’t give a crap how bad the service will be, either.
This is some of the most blatantly crooked shit I’ve ever seen.
It's typical. She's trying to cite a rule while involved with a bunch of clods who make up their own rules as they go along. If she wants established rules and order she will soon be looking for another job. This is Jackson, Hinds County.
Did the Council actually hire an attorney or just vote to hire an attorney?
YOU SHOULD HAVE ADDRESSED THIS QUESTION TO THE ATTORNEY THE CITY HAS HIRED, IF IT HAS HIRED ONE!
Chowke doesn't care how bad the garbage service is, because he has one of his assigned JPD officers take care of that unpleasant task.
She thinks her draft stock is WAY higher than it actually is. She looks like a moron responding with this. She's trying to prove her worth and he doesn't know this "rule" isnt really applicable in this situation...but she sounds tuff.
What are the odds WM gets skeered and runs off with its' tail between it's legs?
will someone please tell me why the state does'nt take over the city ?
Can not City Council pass a resolution opposing the Mayor's position to hire Richard's Disposal, citing previous votes, without outright supporting WM? Seems like Council members opposing boy mayor would not want their names listed in "City Attorney's" letter.
It's like watching a freshly beheaded chicken before it is finally ready to be de-feathered.
1:51 PM
Exceedingly low. Look at their market capitalization. I'm pretty sure they can afford some high priced lawyers. The question will be when this does eventually go to trial will it be held in Hinds county court or will it go higher possibly federal?
Here is another question: which one (or both) of these attorneys are so confident in their position that they provide petty e-mail squabbles to a blog hoping that commenters make them feel more confident in their position before anything is filed in an actual court? That speaks volume of the confidence and ability of the leaker of the e-mails in a battle of egos. Good facts and the law makes a case-not a battle of dimwittery in e-mails.
@1:37 PM - as long as she ends each sentence with "right?," it has to be true.
Letters weren't "leaked". Please get a clue.
Richards was millions of dollars lower than WM. They are a good company, in business since 1978, that services other major cities. They will be our garbage collector come April 1. It’s a no brainer.
Rule 42 does not apply in this instance, nothing more than throwing "stuff" against the wall to see if something sticks. She is way over her head here, but trying to protect those who have things to hid.
@3:41 PM is either a troll, shill, or has a financial interest in Richard's. They are rated so low on Yelp that they should have negative stars for a rating.
So 3:41, what's your position in that company. BBB has rated your company right above whale shit.
Wonder who will be swimming with the fishes.
@2:01 because nobody in their right mind would won’t to be responsible for the s**t hole Jackistan has become. It is not fixable, the tax base is gone, the public schools are a disaster, the water/sewer system is beyond repair unless billions of federal dollars are allocated, the roads in some areas are virtually impassable, the police department has been decimated and if the State took over now its all their problems to solve. Would you like to be responsible for solving all of Jackistan’s problems? Tater doesn’t want those headaches.
"Pursuant to Rule 4.2..."
"Rule 42 does not apply in this instance..."
Yeah.
"Your Honor, I'd like to make an oregon tinnitus motion for the Court to testiticulate that I'm a dumbass..."
"Er, you'd like to WHAT?!"
"Your Honor, as opposing counsel we have no objection as to content even if to form...in fact, we''ll stipulate and the Court may consider it an agreed motion."
"OK, well, this seems a bit...unusual...but I guess the motion is granted and this Court finds you to be a dumbass."
10:53, see 11:01, where the following was cited:
"Communications authorized by law include, for example, the right of a party to a controversy with a government agency to speak with government officials about the matter."
Miss. RPC. Rule 4.2 - Comment.
A reader sent me the comment.
This Rule does not prohibit communication with a party, or an employee or agent of a party, concerning matters outside the representation. For example, the existence of a controversy between a government agency and a private party, or between two organizations, does not prohibit a lawyer for either from communicating with nonlawyer representatives of the other regarding a separate matter. Also, parties to a matter may communicate directly with each other and a lawyer having independent justification for communicating with the other party is permitted to do so. Communications authorized by law include, for example, the right of a party to a controversy with a government agency to speak with government officials about the matter.
@3:41
Are you chokwe? If Richards was white owned business they wouldn’t be in business
You rednecks. We got Burl Cain with Tate. Now we got a NoLa (where some of your high classiest posters like to covet Saints season tix feign a connection with) garbage contract with the Tate version of the mayor. Is it that hard to understand how this all works?
10:53 seems to have gone strangely silent, after calling others a "dumbass," and showing himself to be one, albeit in a smart-ass way.
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