The Richard's Disposal lawsuit took an interesting little turn as the Jackson City Council accused the Mayor of civil conspiracy in a crossclaim filed Friday.
Richard's Disposal has collected Jackson's garbage since April 1 after Waste Management's contract expired. The Jackson City Council rejected Mayor Chokwe Antar Lumumba's recommendation to hire Richard's Disposal after completing the RFP process. Richard's Disposal had the lowest bid for twice a week service but customers would be forced to purchase a 96-gallon garbage cart. Waste Management had the lowest bid for twice a week service but without the garbage cart requirement, but the bid was still higher than the Richard's Disposal bid with the garbage cart requirement. The City Council did not want to impose such a requirement on Jackson residents so it rejected the recommendation.
Mayor Lumumba declared a state of emergency and awarded a one-year no-bid emergency contract to Richard's Disposal. However, the City Council rejected the contract but Mayor Lumumba vetoed the rejection. The veto fight went to court and Special Chancellor Larry Roberts vetoed the Mayor's veto, thus upholding the Council's rejection.
The City Council
formally notified Richard's Disposal on March 31 the Council would not
pay the company for picking up garbage since it did not have a contract
to do so.
Richard's Disposal continues to collect the garbage. The emergency no-bid unapproved contract states Jackson will pay $808,035 per month. However, the Council rejected Richard's Disposal's claim for payment since it rejected the emergency no-bid contract.
Attorney John Walker represents the Crescent City company.
The complaint recites the basic facts of the case but omits the notification that the City Council would not pay for the plaintiff's services. However, the company points out a little passage in the Council's veto lawsuit:
the City Council" recognizes the public health implications of garbage pickup during the duration of this matter, and Plaintiff, therefore, asks that the status quo continue with regard to the provision of garbage pickup service during this time of self-declared crisis. (p.6, paragraph 17 of Council complaint)
The plaintiff says a claim for $808,035 was presented to the Council on May 24 but the Council removed it from the claims docket on a 5-2 vote.
Richard's Disposal argues it collected the garbage under the terms of the unapproved emergency no-bid contract and should be paid for the work. The city owes $1,616,070 to the plaintiff. The complaint accuses the city of unjust enrichment.
The company asks the court to award $1,616,070, interest of 1.5% per month until payment made, and attorney's fees.
The City Council filed a motion to intervene on July 29, arguing the City Council and Mayor have competing interests. The Council said it had an interest in the case since it did not approve a "valid contract" with Richard's Disposal, thus no contract was not spread upon the minutes as required by law. The motion states:
There are competing positions between the Mayor and the City Council, as evidenced by legal disputes in the Circuit and Chancery Courts of Hinds County, Mississippi, that could impair the City Council’s interest in this dispute if it is not allowed to intervene and defend its position in this action.
However, the Council did not stop with a motion to intervene but filed a crossclaim against Mayor Lumumba. The crossclaim states:
IT IS FURTHER REQUESTED respectfully that this Court grant the City Council’s Crossclaim against the Mayor as his actions resulted in the monetary loss to the Plaintiff and as the Mayor should be responsible for making the Plaintiff whole. It is further respectfully requested that this Court find that the Mayor committed Civil Conspiracy which resulted in the damage claimed by the Plaintiff.The case is assigned to U.S. District Court Judge Kristi Johnson.
28 comments:
So is this the proverbial "nut cutting" time where the mayor either has to pony up the money to his buddies from Lousyanna or risk getting his kneecaps broke?
It is one thing for all of us spectators to say that there must be something going on behind the scenes, but they have finally stated it as a position in an official capacity. Maybe, just maybe something will be done to start turning this ship in the right direction. Small steps are better than no steps...
If the mayor of Jackson loses can he give the city water treatment plants to Richard's disposal to settle the damages from the unpaid Richard's Disposal bills?
Hell yeah. Here we go!
Lumumba has got to go. The whole garbage thing was his doing. It needs to be his undoing. He needs to be held accountable for concocting a bullshit emergency and diverting time, money, and resources from the very real emergencies we’re facing.
I’m sick and tired of him and his lies. I don’t know how much more people can endure.
Oh boy US District court. No Hinds shenanigans to be had here. Buckle up Lumumba.
Chowke, tap into those offshore accounts and pay the man! Maybe your dope boys can help, right?
Channeling my Inner Claude Rains: "I'm shocked, SHOCKED!"
Who in the world is paying all these lawyers ?
This is like Nightmare on Elm St Part 7, it's just getting silly at this point.
Bla bla bla. Sadly the mayor will never be held responsible for his actions.
Unless the louisiana mafia owns richards. If that is true they will gettheir pound of flesh. Likely from the mayor. Next step might be his dissappearance. Who knows shat that would mean. JIMMY HOFFA is still missing.
Which cable network is going to produce "The real fools of Jackson?"
Is the city charging for garbage collection from the residents? I don't blame the city council for not paying RDS, they told them upfront they weren't getting paid. But if the city is not paying for the service, shouldnt the residents get a break? Of course Jax is charging them for water they can't drink so I guess it's ok to charge for garbage collection that they aren't paying for!
we like to think that RD is mafia. I don’t think they are or else NOLA wouldn’t have relieved them of collection
Lil Choke is a self deluded, self deranged derelict, a commie idiot with pretensions of intellectual elitism. Never trust a man who lies to himself. Dostoevsky knew Obama/Lumumba, 140 years in advance:
“Above all, do not lie to yourself. A man who lies to himself and listens to his own lie comes to a point where he does not discern any truth either in himself or anywhere around him, and thus falls into disrespect towards himself and others. Not respecting anyone, he ceases to love, and having no love, he gives himself up to passions and coarse pleasures in order to occupy and amuse himself, and in his vices reaches complete beastiality, and it all comes form lying continually to others and himself. A man who lies to himself is often the first to take offense. it sometimes feels very good to take offense, doesn't it? And surely he knows that no one has offended him, and that he himself has invented the offense and told lies just for the beauty of it, that he has exaggerated for the sake of effect, that he has picked up on a word and made a mountain out of a pea--he knows all of that, and still he is the first to take offense, he likes feeling offended, it gives him great pleasure, and thus he reaches the point of real hostility...”
― Fyodor Dostoevsky, The Brothers Karamazov
10:46 made me snort.
Its so true. It is beyond silly now and valid comparison.
What a sad world we live in, that this snake oil salesman would be re-elected today in Jackson.
And its true.
There is no limit to the bottom depth of what Jackson voters will endure in the name of supporting a minority leader.
Shazam!!! The price to play in this poker game just went to all in!!!
Make Jackson the center hole in the doughnut.
Come to Ridgeland, Madison, Pearl, Bradon, Clinton or Bryam.
Get the heck outta Compton, er, I mean Jackson!
This will solve the crime, water, garbage problem
No business or peoples left!
My personal theory is that Lumumba isn't on a pro-Richard's crusade, he's on an anti-Waste Management crusade. I think he believes that WM was "bribing" the council and wanted to get in on the action, but when WM refused, he felt disrespected and decided to show WM who really controls who gets the contracts.
I am no mathematician, however, it looks like to me that his approval rating (at least on this blog) is even below Joe Biden's.
From the outside looking in, it just doesn’t make sense for the mayor to go “all in” on a garbage contract. He is willing to (or has) sacrifice his relationship with every council member over this minor issue. Choose your battles. Why would he be so unwilling to compromise? I’m definitely missing something. There are bigger issues and bigger contracts. SMH
Why shouldn't he? Lindsay and Lee have carried his water time after time yet here he and Dr. Omari are, attacking those two.
Danyelle Holmes went to Washington D.C. to speak to water council about Jackson water problems. Real talk it's a game, Lumumba is trying to destroy the system for it can be privatized for friends in Detroit can get the contract.
@11:51
Detroit has really turned a corner. Thanks to Cleveland cavaliers owner Dan Gilbert for pouring 100s of millions into tearing down old structures and rebuilding that area
Plus little ceaser owners and domino pizza owners. All have pumped millions and millions into this area. Bounced back big time. Come rica park Ford field little cesars arena and Greek town area all very nice
Even homeless hangout known as class park is high end now with new structures. Tore down blocks of blight. I’m not saying it it successful bc they have a white mayor so don’t start with me
Guess Mayor Wheel Chock needs to get his Traffic Division out on 55 and 20 stopping everyone to make some cash for the city.
Detroit has really turned a corner.
Not until AFTER it declared bankruptcy. The turn was impossible without the BK.
I can't believe how Jackson dumps Raw Sewage into the Pearl River, how the Water Plant doesn't function, how the Streets are impassable, how the PD has to put up with a Judicial System that doesn't Function, how they signed a Consent Decree to Not Lock up Misdemeanor's, how the Streets are deplorable, how the Tax Payers are consistently paying more for Less. Jackson amazes me while crying to the State & Federal Government to "save us." Jackson is the Capital City but at some point You have to help Yourself. I haven't seen any sign of that Happening yet-
Post a Comment