Who will pick up the garbage tomorrow in Jackson? Special Chancellor Jess Dickinson said in a draft opinion that a garbage contract was not valid unless presented by the Mayor and approved by the City Council. However, the Mayor said Richard's Disposal will collect garbage tomorrow after he sent a notice of expiration to Waste Management this afternoon. However, the City Council fired right back with a cease and desist letter of its own:
WJTV reports Mr. Martin filed a request for a restraining order but no such motion is in the court's online system.
54 comments:
Did the city council meet and decide as a body that they would issue a cease and desist? Show me a record where they meet as a body to decide that, if not that's illegal.
"Independent Special Council" JFC
I could have almost guaranteed the council's counsel's letter would contain typographical errors. I wasn't disappointed.
If Richards had anything like competent management, it would not have made a move until this litigation had been completed. Whatever it has done or will do is at its own risk
Thank goodness my trash got picked up today. Looks like I'll be making a few weekly trips to Spann Elementary to dump.
The Mayor now has all the leverage. The City Council cannot enter in to a garbage contract with anybody, only the Mayor can. So does the Council want garbage to pile up uncollected while they pine away for WM to get the contract, something that will never happen? The Mayor will insist on giving the contract to the lowest bidder, Richard’s, and that’s who will be picking up our garbage come tomorrow.
All you folks on here who hate the Mayor declared victory before thinking it through.
Richard's is a LA mob run company. WM has never let Jackson down not even once. Why let the one thing that has consistently functioned in Jackson over the last decade run out the door?
This is going to fun to watch now that I no longer live in Jackson! Spent over 20 years in Jackson and the garbage collection was one of the only thing that consistently worked. Now they’re trying their best to break it too.
It's almost like folks think writing on this shitty blog will change something. Your tears taste delicious.
I live in Madison, and for some reason, I don’t worry about “who is picking up my garbage”. I also don’t worry about my water, my sewer, my roads being repaired, etc. I moved here years ago because taxes were and still are less than Jackson’s. My property has increased so much, I wonder if I could afford to buy today.
@7:06 No the next step is the council to force the issue on if the mayor’s “emergency” was real. If not, he’s going to have to explain the two tanked RFP’s.
I believe Deshun is the Special Counsel. Rather than Special Council.
7:06 We DIDN'T hate him, until he revealed himself to be such an arrogant, egotistical, power hungry little jackass, lacking in any leadership skills whatsoever. He pays no attention to what needs to be done, and destroys things that should have been left alone!
If this clownish dispute cannot even be decided by a court decision, then what's it going to take?
If RD is “mob run” as you say, why hasn’t the FBI investigated and arrested anyone? Or do you have to murder 3 civil rights workers to get arrested to get Justice? Well, at least the FBI for Gregory Scarpa to do their dirty work in 1964…just sayin’. Now, why hasn’t this administration been investigated. Stokes even knew there was some dirty shit going on!
That Sopranos clip is the best thing that's come out of this shitshow. Well played, KF. #gabagool
The judgment has been entered contract not valid unless approved by council.
6:04 - Council doesn't have to meet every time one of them needs to take a dump. Counsel has full authority to represent council as this circus moves along. But thanks for your legal opinion.
So...Deshun, acting as council (sic) is authorize (sic) to act on behalf of council.
Ah...7:31...you don't worry about your roads in Madison but can tolerate the past 35 years of promises to rework the busiest corridor in town? Hoy Road?
7:06 it’s funny to me that you take pride in failing. People like you are the reason Jackson is a dump. What a shame.
I am going to say this again, what should happen if the Mayor and City Council want to follow the law.
Mayor present contract for approval, city council approves or disapproves, mayor can either go back renegotiate the contract based upon council’s objections or proceed to negotiate with the next bidder OR mayor can veto the council’s disapproval. The council will have to override the veto. If it does Mayor can start over or he can appeal to the circuit court asserting council’s decision is arbitrary and capricious or contrary to law. This is pretty simple and elementary law.
The Mayor cannot authorize Richards to proceed to collect garbage on an invalid contract.
Both should do the right thing for the City of Jackson regardless.
Our next Mayor, pardon, Emperor Lumumba.
If WM picks up the trash we know where it will go. If Richards gets the trash, where will it go.
Well, this may be an appropriate time to ask what is going on at the zoo?
Man, there are some dumb people in this city and several of them made comments to this post. The court order said neither the mayor nor the council can unilaterally enter into a contract. There is no contract.
It's a real shame no one involved in this dispute hired a competent lawyer.
Madison has been lacking with their road repairs lately, actually.
Don't think the Mayor can veto the disapproval of contract. Surely if he had that power he would have done so already.
The Mayor will insist on giving the contract to the lowest bidder, Richard’s, ...
RD was not the lowest for the mode of twice weekly, no can. Sorry, try again.
You have to think, if the city’s leadership had shown this much attention to that ole water meter contract . . . Never mind.
Dateline: Friday April 1, 2022 9:00 AM
What that smell drifting north in Madison County? Oh, it must be from the garbage that is piling up in Jackistan, America's third world city.
Basic government services:
Schools
Water
Sewer
Garbage pickup
Library
Law enforcement
Parks and rec
Zoning and code enforcement
Streets and drainage
Which ones are successful in Jackson?
@849 - where is tge process for a Mayor to veto a negative action of the Councik?
He can veto an action of the body, but don't find any language that allows him to veto a negative action.
As the HonarableJustice said, show me in statute or ordinance where he can veto a non-action of the Council.
"You have to think, if the city’s leadership had shown this much attention to that ole water meter contract . . . Never mind."
Yes, it would have probably turned out better. So it's an improvement.
So, there's no contract despite what 7:06 posted.
But Richards is going to collect the trash .... and they expect to get paid ..... how why?
Richards DOES have comptent counsel, btw. That's the scary part. I thought their plan was to begin performing under what Little Man says was a contract, and then when there was no contract and the city councel refused to pay, the Richards would sue the city and very possibly win under the theory it relied upon Little Man's "word."
There's no legal ruling on who was the low bid. I think that's the point of WM's filing, but I may be wrong.
I did not know the mayor could "veto" a city counsel's vote to do anything.
I thought the result of all this "stuff" was Little Man and the councel had to go back to the RFD process .... but they disagree over who was the low bid.
Perhaps the Legislature could take over the city. Pray for the airport. LOL Little Man may find a way to get bribed over that too.
Without council approval Richards does not have a valid contract and the Court ruled exactly that and Richard will not be entitle to “quantum meruit” bec it knows going in it has no contract period.
Yes Mayor can veto council disapproval of the contract in my opinion, then the council can override the veto if it has the votes.
It is no the lowest bid, its lowest and best bid. Also these are not bids these are proposals in response to an RFP. Not required to accept the lowest proposal.
Here’s AG opinion which confirms veto etc.
We believe the real issue is whether the council has the authority to enter into a contract on behalf of the municipality. Section 21-17-1(4) of the Mississippi Code authorizes a municipality “to make all contracts and do all other acts in relation to the property and affairs of the municipality necessary to the exercise of its governmental, corporate and administrative powers...” The provisions of Section 21-17-1 apply to all municipalities and must be exercised by the “governing authorities” of that municipality. We have consistently opined that, in a Mayor-Council municipality, the term “governing authorities” means the mayor and the council. MS AG Op., Carroll (July 14, 2003); MS AG Op., Bucklew (March 7, 1990). In the Carroll opinion, we provided that the roles of the council and the mayor, as contemplated in the term “governing authority”, are such that “matters must be considered and approved by the City Council with the Mayor having the ability to veto any such decision.” Section 21-8-9 provides that the legislative power of the municipality is exercised by the council and Section 21-8-15 provides that the executive power of the municipality is exercised by the mayor. Pursuant to Section 21-8-17, the mayor is charged with enforcing the charter and ordinances of the municipality. Section 21-8-47 defines the term “ordinance” to include ordinances, resolutions, orders and any other official actions of the council...” Thus, to the extent that the council has passed an ordinance, resolution or order providing that the municipality will enter into a contract for a specific purpose, the mayor must take the appropriate action to comply with such action, as provided in Section 21-8-47. Of course, the mayor may veto the action, which, in turn, may be overridden by the council, pursuant to Section 21-8-17. With respect to the issue of execution of the contract, the action may provide that, in the absence of the signature of the mayor, the execution could be performed by the council itself or designated member(s) thereof on behalf of the municipality, once the contract has been properly approved by the governing authority.
So it's Friday morning, whose picking up the trash ?
How can RD pick up the trash if nobody has the special cans? If they do pick up the trash without the special cans, is that a breach of the "contract," or would it just be political fodder?
I know most of you don’t like it because it is proposed by Mayor Lumumba, but here is the reality: Richards begins picking up our garbage today. The green WM trucks will never be seen again.
So, our garbage will get picked up, and the City will save money. The horror of it all!!
Yesterday's Circuit Court ruling sealed the fate of the emergency contract. The council has held the minutes in an attempt to prevent the Mayor from vetoing their disapproval of the emergency contract. The council does not have the votes to override the veto. Judge Dickinson's ruling confirmed that the Council does not have the authority to negotiate or enter into a contract.
Very soon the minutes containing the disapproval of the 6 year contract will be put before the Mayor. He will veto the disapproval and again the council will not have the votes to override. And now you know the rest of the story...
Operative terminology for best proposal responding to an RFP is most qualified & highest rated, not cheapest. WM scored 10 points better than RD, with all factors considered.
Then why hasn't he used the veto already to force his will upon everyone? I don't believe a veto of a disapproval turns that act into an ultimate approval.
You do realize Virgi Lindsay is president of Council and voted for RD, don't you? Why didn't she make sure the clerk was taking care of the minutes?
As for that idiotic footnote in the opinion, so where is the limit? Does this mean if a City Council rejects the Mayor's appointments on a 4-3 vote he can make the appointment anyway because he can veto their vote?
What about budgets? If the Council votes down the budget 4-3, does the mean the budget passes because the Mayor vetoed the rejection?
Judge Dickinson's idiocy in that footnote wrecks the whole doctrine of separation of powers as everything must now be passed by a supermajority instead of a simple majority.
Kingfish, agree.
Dickinson guaranteed many future (needless) court battles to come up and down the state.
Don't believe the interpretation in the footnote survives appeal.
Starting on April 1 on the Bravo Network - The Real Trash Wars of Jackistan, MS.
First Episode: "By Any Means Necessary"
Starring Chowke "Greasy Palms" Lumbubbles
Co-starring Alvin "the million dollar man" Richard
Special Guest Star: Rocko "the knee-capper" Bonanno
Director: Rukia Lumbubbles
Produced by: The Free The Land Foundation
i live in rankin county, and my garbage has already been picked up by the big green truck.
you folks in jackson shouldn't be complaining about one damn thing going on in your city; because less than 14000 of you voted for this shit-show, and more than 14000 of you couldn't be bothered to vote against it.
Non-professional opinion. Send out a new RFP, parties redo their bids. Independent 3rd party arbitrator gets involved and assesses to find "lowest and best" bid. That bid is brought before mayor and the board, and it is done and voted on. All out in the open, both mayor and board could speak as to why they agree or disagree with the lowest and best brought before them. No buddy buddy deal, completely transparent (that's what this administration ran on), and let the chips fall as they may.
Justice Dickenson messed up. Thats what happens when you try to rush and hurry to get out an opinion. He added something in his opinion that was NOT argued by any of the lawyers for the parties, that he had not properly researched. Probably just something he thought of while writing the opinion and wondered why nobody had argued that point. The lawyers for the parties that did the research know, and the reason Ludumbo did not veto the no vote, is because he cant veto a no vote. The plain language of the statute says he can veto something the council adopts or approves. It does not say he can veto something that was not adopted or approved. There are AG opinions that say that. Most lawyers(should be all) that represent municipalities know the mayor cannot veto a no vote. If you think about it, as KF pointed out, that is the only possible way a veto can work.
Can the judge opine on the procedural process by which the executive branch vetoes something that doesn't pass the legislative branch?
If the legislative branch does not vote or votes and does not pass an item, where does this process that the executive branch can "veto" something that doesn't actually exist? Is he saying that the executive branch actually "vetoes" the individual votes of the members of the legislative branch?
Did Joe Biden write that footnote?
9:27
HAHAHAHAHA
are you serious!!!
April 1 at 8:19 a.m. is the winner. Now both lawsuits make sense, the one before Judge Dickinson and the one before Judge Peterson. Mayor Lumumba wins!
"Madison has been lacking with their road repairs lately, actually."
Yep, got a flat after hitting a large pothole just last week on the way to the Baptist right after turning from main street to highland colony. Madison citizens better start watching what Madison is spending money on because it isn't maintaining infrastructure and Jackson is a perfect example of how that ends 20-25 years down the road. But, I guess all those flower beds are more important than maintaining basic necessities like road and water maintenance.
9:47 is either one of Chuck's buddies, or Virgi. Makes a laugh, and ridicules, but doesn't make a valid counter. Also, apparently, not familiar with how the RFP process works when something like this happens in the private sector, which is ran much better than COJ.
Lawyers must get paid by the word. Why else would they use so many words to say so little. Of course it could be that if they used common language there wouldn't be so many lawsuits. Job security.
10:54
Wrong on everything. I think Virgi is an idiot and Ludumbo is a pompous a@#. If you have been following this fiasco you should know that i was laughing because what 9:27 said is a great, workable, above board, honest, common sense plan. No way in hell Ludumbo is going to do something like that!
I ridicule Jackson govt. because thats what they have earned.
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