Video of hearing posted below.
Special Chancellor Jess Dickinson is holding a hearing on Waste Management and Richard's Disposal's motion to intervene right now. This post will be updated as as the hearing progresses.
Judge Dickinson said the test for intervention depends on what the intervenor claims the interest is and what benefit he will receive if he prevails.
Waste Management attorney Chase Bryan began the proceedings with his presentation. The Chancellor asked him what factual disagreements existed. Mr. Bryan said the "applicable statutes and law" don't apply in this case. He said unlike previous disputes, the Mayor "manufactured" the emergency. Waste Management offered to continue to provide garbage collection service for another thirty days while the Mayor and City Council resolved their impasse. Mr. Bryan said an AG Opinion (2007 Charles Lawrence) stated when a Mayor refuses to act, he doesn't have the right to select a vendor when he refuses to do his job. That's the point of law upon which Mr. Bryan hangs his hat. However, Attorney General opinions are not binding precedent. The attorney argued for Richard's Disposal's right to intervene as well.
Attorney Green of the Walker Group spoke for Richard's Disposal. She argued the company has an interest in the outcome because it was approved by the Mayor for a contract under the RFP process and emergency declaration. She cited Bolivar County v. Walmart. However, she admitted she had not found a Mississippi Supreme Court case on point on the issue of where a Mayor could proceed to award such a contract without the City Council's approval.
The Chancellor took up the issue of why the city of Jackson should not be involved in this case. Ms. Martin said her office represents both the City Council and the Mayor. Mayor Lumumba's suing the City Council created a conflict of interest. She said the city was a "disinterested, neutral party." Judge Dickinson said the Mayor involved the city when he filed suit in his official capacity as Mayor. He welcomed her to appeal to the Supreme Court. He said the Mayor contracted with Richard's Disposal on behalf of the city. She said she did not wish to challenge the Mayor's authority to bring the lawsuit.
He asked Ms. Martin "why are you here?" She said she wanted to "see the trash picked up on April 1." Judge Dickinson was not pleased with that answer and asked her to respond again. She said she did not disagree with the Mayor's right to sue on hehalf of city. She didn't dispute the Mayor's authority to hire a private attorney.
Attorney Martin took a break from hogging parking space in downtown Jackson to address the Court. He said the City Council did not object to the intervention. .He is not related to the City Attorney.
Mayor Lumumba's attorney, Jessica Ayers, said she filed the complaint on behalf of Mayor to determine the Mayor and City Council's rights in awarding the garbage contract. She said economic interest is not a factor to be considered when determining intervention. She said there interests are represented by the City Council and Mayor as resolving the dispute between the two branches will determine which company gets the contract. Thus neither motion to intervene should be approved. Judge Dickinson said "every case affects an economic interest."
Judge Dickinson said he would take the matter under advisement and "issue an opinion within the next day." He said he didn't see the need to have a big trial when the facts are agreed upon by all parties. He ordered the parties to submit by tomorrow their positions on whether he should proceed with an evidentiary trial with a court reporter or hold a hearing based upon briefs and agreed-upon exhibits. He said he thinks he can decide the case based upon statutes and briefs. He is concerned with two disputes: whether an emergency actually existed and whether the City Council included its determinations in its minutes. He said he wants to decide the case by the end of March.
Prediction: Judge going to approve the interventions.
The Mayor's attorney, Felicia Perkins, notified the Chancellor he filed a writ of mandamus in Hinds County Circuit Court this afternoon to order the City Council to file its minutes. She said the City Council clerk has not filed minutes since September 2021. A check of the city's website confirmed Ms. Perkins' claim. No minutes have been posted online since September 22, 2021.
Kingfish note: It's nice to see the Mayor finally concerned with posting the minutes online. Now about those crime stats he has hid for nearly two years.....
40 comments:
The City Attorney appears to be out of her league.
WLBT is live-streaming on Facebook
Lol. Sounds like someone is in over her head.
Am I embarrassed for her ? No. I'm not.
He asked Ms. Martin "why are you here?"
I'll bet she gets asked this question a lot.
Minutes that have not been published are minutes that can be changed.
loooool i’m ready to see her flip her shit live!
It's probably her first time in court. Light weight, amateur, rookie.
What’s the over/under?
You would think after the 170k fine of tax payer dollars, the city clerks office would file items more often....
Why am I not surprised that a white judge in Mississippi ruled against the mayor.
Incompetency personified-
Who said he ruled? Did you actually watch it or read the post? Judge didn't rule on anything.
Is the fact that the council minutes are not on its website a failing, or just a lack of attention? I would bet that there is nothing in statute that requires a city to file their minutes on a website to be in compliance - considering that many towns and cities don't have websites and that all the statutes pertaining to this were written long before websites existed.
The question is - are the minutes filed in a minute book in City Hall? Not to be found by looking at a website.
Dickinson's keen Rules Of Order are reassuring here. Hope Ms Martin wore her diaper. KF deserves kudos for his presentation of a mayorally knotted case that has focused Jackson, including me.
If I was Ms. Martin, I'd go home & rethink my life after being so publicly humiliated.
"Why am I not surprised that a white judge in Mississippi ruled against the mayor." Such a racist/bigot.
4:43, Because you're a racist, idiotic troll.
1. As KF pointed out, the judge did not rule yet.
2. The vast majority of those involved are black, including those opposed to the the mayor.
Why am I not surprised that a troll like @4:43 has arrived in an attempt to turn this matter into one of racial animus?
4:34. Keep beating that dead horse.
4:43 must be one of the mayor's minions.
most people who opposed the mayor have the same ethnic background.. this isnt a black and white issue, but 'green'...
4:59 - If what Ms Green said is true, there are no minutes that have yet to be found anywhere, in a book or anywhere else. She said that while preparing their filing, they searched for the minutes in all the usual places, including requesting them from the clerk and got no response. She said she's not saying they don't exist, but they are not in any of the usual places they should be.
Dickinson doesn't give a rat's a-- whether you are white or black.
He might play favorites if you happen to play a dulcimer. He's an amazing musician.
I Actually agree with the mayor’s lawyer in intervention. Nether WM nor Richards should have a dog in this cage. The case is about separation of powers between two bodies of government. They should have their own hearing, and not muddy up this one. Apples and oranges
The minutes are over there under that book-case with the monthly crime reports and the expense reports from the Paris Air-Show. All you gotta do is ask.
"She said the City Council clerk has not filed minutes since September 2021. A check of the city's website confirmed Ms. Perkins' claim. No minutes have been posted online since September 22, 2021."
I'm almost sure Kingfish understands the difference between 'minutes being officially filed' and 'minutes being posted online'. One has nothing to do with the other in respect to the statute. No statute requires posting of minutes online. However, statute does require that matters taken up during open council meetings be 'spread upon the minutes and filed in the office of record'.
"Why am I not surprised that a troll like @4:43 has arrived in an attempt to turn this matter into one of racial animus?"
Probably because it is all liberals have been programmed to think about. McDonald's gave you the wrong pickle on a burger? Racism! Cop pulled you over for doing 85 in a 60? Racism! Liberals and their racism obsession is like a person with tourette's and their nervous tick except instead of the tick it is screaming out loud about racism.
If no minutes exist, then nothing the council is purported to have done on that day is considered 'done'. As the saying goes, "If it ain't recorded in the minutes, it didn't happen". And the mayor's lawsuit against council is a moot issue as well, since, in that case, he is suing based on action having never been taken.
So, mayor's counsel, while aiming at council's Foote, accidentally shoots the mair in the foot.
4:43 is likely some pudgy white girl with blue hair that has implanted itself inside the Jackson City limits .....not long arriving from Austin.
@4:43 it must be a sad way of living going through life blaming everything on race.
You know, for someone who "passed the bar on the first try," the Mayor sure ends up causing a lot of legal issues.
8:11 - amen
We really had progressed as a society it seems, so folks just manufactured racism to match the war filled struggle scenarios they were told to expect.
And it sadly dilutes the areas where it genuinely may still exist and need to be addressed.
We have raised a generation that will create problems where there are none, just to have a faux battle story of struggle to brag about.
Tori is the worst lawyer I’ve ever seen.
That is all
4:43 is right. In today's world a group that is 29% white (2 of 7) is white dominated.
Remember that the President of the Hinds County Board of Supervisors publicly stated a few years ago, his goal of no whites elected to county wide offices.
8:46 : Lol, keeping the minutes is hard.
If a lawyer can't tell the court with certainty who her client is, that's a problem.
If I’m the judge?
I hold all rulings on mayor / council issues In abeyance.
I notice a hearing in open court and I demand the CEO of WM and the CEO of Richards to appear in my court and explain to me the ins and outs of each contract provided to the city of Jackson. I require them to bring with them any and all communications with any public figure in Jackson relating to the garbage contracts / RFPs and all events leading up to the submission of the RFPs.
I would demand the mayor take the stand and testify under oath how he
Chose Richards, who he spoke with during the process and have him elaborate on the bribes he thinks some members are taking.
The court can't order someone to appear unless/until it exercises personal jurisdiction over them, i.e., grants intervention in this case.
5:22 - But the court can order someone sit for a deposition?
4:56 - But see, you're not the judge, and none of it works like that.
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