Thursday, March 31, 2022

Trash Talk: Who Won?

Update #2 (6:00 PM): Judge Dickinson issued order.  See below. 

Update #1: City Attorney Tori Martin told WLBT Richard's Disposal will pick up the garbage tomorrow.  Mayor Lumumba notified Waste Management that its contract expires at midnight.  Waste Management offered to continue service for three more months while the dispute is resolved. 

Mayor Chokwe Antar Lumumba's end run around the Jackson City Council is going to end up in the garbage disposal.  Special Chancellor Jess Dickinson is going to rule the emergency contract awarded to Richard's Disposal is invalid since it was not approved by the City Council.  He stated in an email sent to the attorneys: 

First, thank you all for your courteous participation and contribution in the Zoom hearing last night.  All of your clients have been well represented.  It now falls on me to render a decision that follows the law.

I am working on an opinion and judgement which I expect to file this afternoon or tonight, but I thought it would be prudent to let you all know where this is heading, so as to give you as much time as possible to take it into account in your respective decisions as to how to move forward.

I essentially am planning to grant all of the relief requested in the Mayor's petition, with the following exception of Paragraph 16 d. titled Step3-Option 2, which states:

"Further, pursuant to Miss. Code Ann. Section 21-15-33m, the city council's decision shall be contained within its official certified minutes, with the minutes having the legal effect of being valid from and after the date of the meeting after the minutes are adopted and approved by a majority of the members of the council." (emphasis added).

 

I believe this to be an incorrect statement of the law.  See Rankin Group v. City of Richland, 8 So. 3d 259, 261 (Miss. Ct. App. 2009).

While I do not believe the validity vel non of either of the contracts is before me, my decision will make clear that, pursuant to Sections 1 and 2 of the Mississippi Constitution and the applicable statutes, a valid, enforceable contract -- whether or not during a validly-declared emergency -- requires that a proposed contract from the executive branch (the Mayor), be presented to and approved by the legislative branch (the Council), in compliance with applicable statutory procedures. (Emphasis added by KF)

It is my hope that this preview might help you work out a solution that is beneficial to citizens of the City of Jackson.  I am available all day, should any of you wish to provide me with anything additional.

 

Kingfish note: Now the real fun begins.

Update #2: Chancellor Dickinson decreed: 


Thus the Mayor can't award a contract on his own although he can recommend it to the City Council.  Only the City Council can approve the contract.  The contract is not enforceable if the City Council does not approve the contract.  One suspects the City Council will not approve any payments to Richard's Disposal. 

(Updated) An undaunted Mayor Lumumba said the Richard's Disposal trucks will run tomorrow.  WLBT claimed a footnote gives a "pathway" for the Mayor to victory in this case.  Judge Dickinson said in the third footnote (page 2):
 

 ³  For clarity, there does exist a possible exception not presented in this case thus far, where the Council rejects an emergency contract presented by the Mayor, the Mayor exercises his veto of the rejection, and the Council overrides the veto.  The Mayor then would have the option of engaging the judicial system, claiming the Council was arbitrary and capricious in overriding the veto.

It is doubtful the Council could override such a veto since it has split along 4-3 lines during this fight.  However (and feel free to chime in), can the Mayor veto a negative action of the Council?

 

Kingfish note: Stay tuned.  This isn't over by a long shot. It won't be surprising to see a motion for reconsideration or an interlocutory appeal just on that footnote.  It would have been nice if Judge Dickinson was more specific and determined whether the emergency contract was valid.  However, the former Circuit Judge and Supreme Court Justice wrote like a former Supreme Court Justice in general and more sweeping legal principles instead of the point of the actual dispute.  His ruling only created more litigation in addition to the expected appeals. 


66 comments:

Anonymous said...

Thank goodness. I hope WM gets the new contract. Great job to the attorneys for the council and WM.

Anonymous said...

Good.

Anonymous said...

Dang.

I feel scared for Mayor. Dope boys gonna get him now. He promised.

Mr. T would have said...

"I pity the fool that got fooled the day before April fools."

What you bet Chowke is chomping the bit for a press conference right now, right?

Anonymous said...

Chump Chuckie will be crying now!

Anonymous said...

Thank you Jesus!
My Waste Management guy came by today.
I tipped them to remove large limbs I cut up
that fell last night.
They are great and why change?

Anonymous said...

There is at least one very positive thing to come from this decision. This has presented an opportunity for several truck drivers to drive those trucks at the oldairport back to New Orleans or wherever they came from.

Anonymous said...

As many have stated before, the actions the mayor took (I only refer to him as mayor and not 3 names) are illegal. He bypassed the City Council. There is an issue regarding start ups costs that RD has applied for. RD will have to take the mayor to court personally since he is the one who approved the contract and not the council as required by law to retrieve said up front start up costs. All of this would have been eliminated if the law would have been followed. It’s terrible the decision took this long to obtain.

Anonymous said...

Lordbumba is more cornered than Putin. Thank goodness he doesn’t have access to any nukes.

Anonymous said...

oops...

Anonymous said...

Virgi, next election, toast.

Anonymous said...

Still waiting for Lumumba or any of his sycophant butt kissers and/or trolls to provide the proof for the total fabrication that the City Council specifically asked for the 96-gallon cans.

Anonymous said...

Emperor did a 90 minute interview with Kazikazi and uttered 'Right?' easily 150 times during the course of the spin fest.

Anonymous said...

Hee hee. I heard that baby chowke has barracaded himself in his safe room.

Anonymous said...

That's not what that means. The contract wasn't even before Dickinson and he cannot rule on that. Be careful. Go back and listen to what the city attorney said.

Anonymous said...

If there is an interruption in garbage collection it is 100% the fault of Chokwe Antar Lumumba.

Anonymous said...

How much is this fiasco costing each “Tax payer” in the bold new city?

Anonymous said...

OPEN MESSAGE TO MAYOR AND CITY COUNCIL

I live in south Jackson. I talk to numerous other SJXN residents. We want to keep Waste Management! We don't care if it costs more.

We are FURIOUS with the mayor!! and his attempts to install "his" contractor. It don't take a rocket scientist to figure out what his motives are!! Because of him and his patsies on the council, we probably won't have trash pickup after today!

MAYOR, STOP FUCKING AROUND WITH THE RFP PROCESS.
We want EXACTLY WHAT WE'VE BEEN GETTING FROM WM!!

RENEW WASTE MANAGEMENT!

P.S. Thanks to those council members who listened to the people and stood up for what's right. Please don't change now!

Anonymous said...

"All of this would have been eliminated if the law would have been followed."

Or, if the dummies running Richard's Disposal would have had any business acumen at all and instead told the Mayor, "Sorry. We want Jackson's business, but, until you get our contract approved by the City Council, we cannot devote any of resources to Jackson." Instead, Richard's moved forward knowing what was at stake. They shouldn't recover a dime of costs from the Mayor or the taxpayers of the City of Jackson.

Anonymous said...

303, you can listen all day to the City Attorney - that individual that told the Justice that she was there only as an observer because she represented both the Mayor and the Council, yet she interjected her opinion numerous times in support of the Mayor's position. Understandably since he is the one that she reports to and could replace her at will, but still was a sham on the court to say she was playing both sides.

But as you listen to her, it matters not what she says. The Judge (Justice) gets to say what matters and HE SAID that there is no contract. He ruled on the Mayor's motion and said that while upholding part of it, there was one section that he ruled against, and that was that the Mayor could enter a contract on his own. Once that was rejected, the Judge made the determination that therefore there was no contract.

I'll listen to what the Judge says. You listen to the Mayor's (ummm, City's) attorney if you want to see what this ruling means.

Anonymous said...

I'm so confused.
Who is picking up the trash from here on out?

Anonymous said...

We want to keep Waste Management! We don't care if it costs more.

WM, two collections weekly, no special can only costs about .26 cents per collection more than RD, two collections weekly, special can.

Mayor is jerking Jackson over about 26 cents more per collection.

Anonymous said...

Putting my trash out tomorrow but won't allow Richards to pick it up if they come by.

Anonymous said...

Bottom line: Nobody has a contract to pick up Jackson's garbage after today. So at the last possible minute we are back to square one. Whatever might have been saved in the initial RFP process will now be lost double or triple. Tooo stupid!

Anonymous said...

He intentionally broke the law in obligating the city to pay startup cost, when do they slap the cuffs on him?

Anonymous said...

What company in their right mind picks up trash or does anything without a contract ensuring they get paid? Why would RD work on Friday?

Anonymous said...

Virgi is the village idiot again!!! My gosh her and her husband both try to ride the fence way too often . Give me someone with a backbone. Not chuck and Virgi!!! Idiots!!!

Anonymous said...

@3:32 - you’re right about Richards. I don’t think they’re dumb - just crooked. In just a short amount of time, they positioned themselves to be able to sue should this not go their way. They were planning to get a sizeable return either from the contract or the through the courts. And just like that, we got to see just how self-serving Richards is in its “service” to the community. Jackson hopefully dodged a bullet through the court’s decision.

Anonymous said...

Folks Richard's will be picking up the garbage tomorrow.

Anonymous said...

Atty for the mayor said just now that Richards will be picking up garbage April 1… she is claiming the mayor won

Anonymous said...

Make sure your Dobies and Rotties are visible to Richard's spotters tomorrow.

Anonymous said...

So if the Mayor ignores the fact that his contract with Richards was required to be approved by the City Council and instructs Richards to pick up trash tomorrow, is the next step for someone to sue the Mayor for entering into a contract illegally?

Anonymous said...

I believe 3:56 is correct. Richard's will likely pick up garbage tomorrow, even without a contract. It's a dumb business move since neither Richard's nor Waste Management will have a valid contract.

What's that smell? said...

Does anyone really believe that Richard's will have 17 crews tomorrow and a disposal site? Are WM crews going to go to the dark side?

Anonymous said...

Mayor wins another one against the council. Richard's will be picking up trash tomorrow.

Anonymous said...

WAPT facebook says mayor lost. WLBT says mayor won. No idea what’s going on.

Anonymous said...

Hold your horses, City Council attorney files restraining order against Richard's

https://www.wjtv.com/news/local-news/jackson-city-council-files-restraining-order-against-richards-disposal/

Anonymous said...

In the hearing last night Judge Dickinson asked the counsel for the mayor and counsel for Richard's whether the city council could refuse to pay Richard's if the court determines that there is no binding contract without major and council approval, and the council does not approve a contract with Richard's. Both attorneys confirmed that the council could decide not not to pay. The attorney for Richard's added that if the council didn't pay, then Richard's could sue to recover the value of its services. When the judge asked what the basis of that suit would be, she said the contract.

If Richard's starts collecting garbage without a duly authorized contract, the council should refuse to pay. Richard's can't sue on a contract that doesn't exist, and they shouldn't be able to recover on any "quasi contract" theory where they knowingly performed without a binding contract. Otherwise, that would just be a different mechanism for the mayor to bypass the constitutional and statutory requirement for council approval of the contract.

Anonymous said...

Will baby chowke be one of Richard's "hoppers." You know, to show a little "leadership," right?

Anonymous said...

@4:37 Ok, Catoria...

Anonymous said...

Since the City Council approves payments to contractors, can't it just refuse to pay Richard's Disposal for any invoices it submits for collecting garbage? If RD doesn't have a valid contract, maybe a big IF, why should it get paid for any service it provides?

Anonymous said...

So when RD she’s the city to recover BS cost, Martin with “defend” the city’s interests which she has no real intentions of fighting bc she reports to the mayor who won’t admit that he lost. Oh ok

Anonymous said...

4:37 - except he didn't win. There is no valid contract unless the council votes for it.

Anonymous said...

How can RD claim detrimental reliance when they were involved in the suit that would determine if their contract was valid? Start up cost is on RD

Anonymous said...

Richard's knee-capper "Rocco" is in town, therefore baby chowke has no choice but to give Richard's the nod to start tomorrow.

Krusatyr said...

Lil Choke committed fraud by attempting to encumber Jackson with an unenforceable, unauthorized contract and a $1M start-up.

RD may not be insured for liability if they pick up trash without a contract, and it's illegal for a public contractor to work un-bonded.

After the boy mayor's stunts, the Council will continue to oppose him even more ferociously, so now they'll play chicken in front of City Hall, facing off in opposing garbage trucks?

Anonymous said...

I guess the mayor is paying Richard's out of pocket to pick up garbage tomorrow. Right. Right.

Anonymous said...

So, when are we going to hear it straight from the judge. The so-called news hasn't mentioned this as far as I know.
What the heck is going on?
Only in Jackson.

Anonymous said...

Who is going to pay Richard's for the trash pickup they are conducting tomorrow because they obviously aren't worried about getting paid or they would be telling the Mayor to go pound sand.

Anonymous said...

Netflix new special - jackson garbage wars.
See garbage trucks racing down the streets battling over garbage cans.

Will be interesting to see if WM refuses to let Richards dump trash at Little Dixie.
You know, the landfill name might have something to do with this.
Maybe if WM renames the landfill, they can be friends with the Mayor again.

Anonymous said...

The CL's story is out, quotes Ashby Foote as saying the city is back to square one. It also states WM is offering to extend its current contract for another 3 months at current rates.

https://www.clarionledger.com/story/news/2022/03/31/judge-rule-jackson-mayors-emergency-garbage-contract-invalid/7197623001/

Anonymous said...

Now WJTV reports the City Council is seeking a restraining order against Richard's Disposal to stop it from garbage collections. Kingfish is right - the fun is only beginning.

https://www.wjtv.com/news/local-news/jackson-city-council-files-restraining-order-against-richards-disposal/

Anonymous said...

The judge should have written this a few grade levels lower than usual, because both sides say it gives them the victory. Unless some clarification is given they will need another hearing process to determine this most recent hearing process decided.

Anonymous said...

I am pretty sure this “transition” will be smooth. Most of the people I know who pick up trash for a living are well educated and sophisticated. They have usually gone through extensive public relations training and additional formal education.

Anonymous said...

Can’t believe WM is still offering to do service for an additional 3 months after all this nonsense

Anonymous said...


I think Kenneth Stokes is gonna drive while the Mayor loads that pickup Kenneth mentioned. Boy Mayor is in knee deep at this point & it's Stinking Pretty Bad-

Anonymous said...

Hey I am free tomorrow if y’all want to meet at Hawkins Field and bring lawn chairs with canopy tents so we can all watch the fireworks. Maybe some food vendors will show up! It’s fixing to get real!

Anonymous said...

@5:43, WLBT is also having trouble with reading comprehension. They're "translating" this order to mean that some emergency legal action would be necessary to prevent the Richard's contract from going into effect.

Also, I'm not sure I agree with the judge that the mayor can override the council's rejection of a contract. If the law requires council approval, and a council vote to approve the contract fails, there is nothing to veto because the council didn't take an action. Besides, even if it worked that way, vetoing a "rejection" doesn't equate to an acceptance, it just nullifies the rejection.

Anonymous said...

Unfortunately, there is precedent for the city to pay for work done without a contract. A year or so ago, a consultant billed the city for over $100,000. I can't remember what the work was, but they had no contract.They took the non-payment to court where it was ruled that they had performed the work. The city ended up paying the bill.

Kingfish said...

You are correct and I suspect that is why the Council sent that cease and desist letter to RD. RD might have a more difficult time seeking payment if it was told up front it won't be paid by the party responsible for approving the payments.

Anonymous said...

I don't need to read sixty comments to know Kingfish has royally fucked up in his interpretation, summary and opinion. I've never seen a more convoluted shit show.

It's like a junior reporter running out onto the courthouse lawn and over into the saloon hollering 'the judge done telegraphed his decision but I ain't got a clue in hell what it is'. And Kingfish orders drinks on the house.

Anonymous said...

We no more know the outcome/results than if the judge's remarks had been dictated in Swahili.

We'll all go to bed like Hillary tonight....thinking she won.

Anonymous said...

Amazing how so many people (that don't know/understand anything that is going on) automatically assumes the Mayor is in the wrong just because they don't like him.

This entire process has been a shit show, and the City Council was responsible for 90% of it.

Anonymous said...

April 1, 2022 at 6:42 AM = Blah, blah, blah, blah

Anonymous said...

The only fair way to settle this is to have a refuse race. WM trucks and Dickmobiles start off on the same corners and the drivers and runners race to the finish at the landfill. First truck there wins, and we count 'em all up at the end of the day. Antar's boys will be out there to "adjust the air" in their tires faster than the GOAT Brady, I'm sure.

I honestly believe that both the Mayor and City Council, and UMC and BCBSMS, need a theoretical arse whoopin' behind the woodshed and be told to grow up and play pretty. Damn folks. This "my dog is bigger than your dog" stuff is ridiculous. Ms Martin, you REALLY need to mature.

And please stop rewarding these clowns, libtards.

What are we going to do, have AOC come bleat about how her "life is in danger" from open sewers and uncollected garbage and potholes?

Lil Kammie Ha Ha Harris gonna swing by to cackle and blame Orange Man for this?

Grow up, Antar. Grow up health executives and highly paid doctors.

Folk's lives are affected by your childishness.

Anonymous said...

Justice Dickenson overstepped - and out kicked his coverage.

MS Code (which he consistently referred to with his questions) 21-8-17(2) says the Mayor can veto ordinances PASSED BY THE COUNCIL (emphasis added). It does not provide for a veto or an action not passed.

Hopefully Atty Martin knows how to ask for Reconsideration and for Interlocutary Appeal.


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