or...... The Mississippi Supreme Court unanimously vetoed Jackson Mayor Chokwe Antar Lumumba.
The Jackson City Council sued Mayor Lumumba in Hinds County Chancery Court after he vetoed the Council's rejection of an emergency no-bid one-year garbage contract for Richard's Disposal nearly a year ago. Mayor Lumumba claimed the rejection was an official action adopted by the Council and thus subject to his veto.
All Hinds County Chancellors recused themselves. Special Chancellor Larry Roberts held a hearing in July 2022 and ruled against Mayor Lumumba. The opinion points out Hizzoner vetoed the Council's rejection of motions four times:
In this matter, the facts are undisputed. namely that l) the City Council on four occasions voted against certain orders presented to the council by the Mayor. including an ··Order Ratifying an Emergency Solid Waste Collection and Hauling Agreement with Richard's Disposal, Inc. for a Term of One (I) Year," and an "Order Authorizing the Mayor to Execute the Contract and Related Documents with Richard's Disposal, Inc. to Provide Solid Waste Collection and Hauling Services for a Six (6) Year Term Commencing April I, 2022 with Four (4) One (I) Year Extension Options;" 2) none of those items on those four occasions were adopted by a majority vote of the City Council members. meaningJudge Roberts cited cases and Attorney General opinions as he prepared to strike the lethal blow to the Mayor's case:
those items foiled on a no vote or negative vote; and3) the Mavor issued written vetoes on all four of those votes.
When a matter such as the solid waste contract in this matter was presented in a City meeting, the failed ratification to this Court constitutes inaction, not action, and the contract was never adopted by the City Council. Consequently, the Court agrees with the Attorney General's interpretation that when a matter is not passed by the city council, it is a negative action to which the mayor does not have the power to veto. It's an inaction; there's nothing there to veto. The Council did not pass affirmatively a matter; it rejected it.
However, the Court wanted to make sure the Mayor got the point:
Interestingly, the mayor's argument appears somewhat nonsensical to the court.
as he decreed such an interpretation would cause irreparable harm to separation of powers and representative government:
there would never be a tie vote of council with all council members present and voting. A mayoral veto of a failed mayoral supported motion with no 2/3rds council over-ride vote would effectively cause the motion to have passed the council....
Mayor Lumumba appealed the order. The Supremes considered the case without holding oral arguments and threw the Mayor's position in the trash:
The Mayor seemingly avers that the term “ordinance” in the statute governing mayor-council
form of government, provides that “‘ordinance’ as used in the chapter shall be deemed to include ordinances, resolutions, orders and any other official actions of the council . . . .”
Miss. Code Ann. § 21-8-47 (Rev. 2015). The mayor fails, however, to consider the statute when read in its whole, which provides that
(2) Ordinances adopted by the council shall be submitted to the mayor and he shall, within ten (10) days (not including Saturdays, Sundays or holidays) after receiving any ordinance...
As written, the code section clarifies and outlines that a mayor may only veto an ordinance that has been adopted by the City Council. An ordinance by the City of Jackson states the same in chapter 2, article II, division 1, section 2-66. There, the city’s own code provides that:
Sec. 2-66. - Voting.
The vote of the members of the council on any ordinance or resolution shall be taken by a show of hands. No action of the city council shall be considered adopted unless it receives the affirmative vote of that portion of the council dictated by state law under the circumstances.
The Supremes affirmed Chancellor Roberts' ruling.
Synopsis
Richard's Disposal has collected Jackson's garbage since April 1. Waste Management's contract to take up the trash expired April 1. 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.
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.
Hizzoner declared a state of emergency on April 1 and recommended awarding an emergency one-year no-bid contract to Richard's Disposal. The Council rejected the contract on a 4-3 vote. However, there was a little sideshow going on in Hinds County Chancery Court between the the two branches of government over the emergency contract.
Special Chancellor Jess Dickinson ruled only the City Council could award contracts but only the Mayor could select the vendor. Thus the Mayor must present the vendor to the City Council for approval but the Council can't choose vendors. Standoff, right? Guess again. The Chancellor ruminated in the penumbras and discovered a Mayor might, possibly, theoretically veto what else but a negative vote of the City Council. The Council would thus have to override the veto, requiring a supermajority, veto-proof vote. Chancellor Dickinson stated in a footnote:
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.
The footnote was quite the little hand grenade as the Mayor took it and blew up the separations of powers. He vetoed the rejection of the emergency contract, calling it an official action of the City Council. He proceeded to award the emergency no-bid contract to Richard's Disposal.
The City Council sued Mayor Lumumba over the use of his veto in Hinds County Chancery Court.
56 comments:
Mayor Chockwe "put a cone in it" Lumumba!
That whole thing was a huge waste of time and money. Thanks Judge Dickinson. But, I’m thankful the Supremes put a stop to the ridiculousness.
"They are racist."
-Choke and Rukia
Thank God for Justice Coleman.
12 attorneys are mentioned as participating in this kangaroo court procedure. How much of the Jackson peoples money was spent on this B.S.?
"The Mayor cannot have his cake and eat it too." Brutal.
Now if only Ted Henefin could realize that no one made him king, with the power to levy a tax on property owners for water and sewer service.
Now what? The more things change, the more they stay the same...
The Lumumba stain on this city really needs to go... It's sad that it took all this just to explain to this administration that you can't veto a NO VOTE LOL
Any idiot that knows anything about how town or state government works could see the end game on this. If it was allowed to stand the Governor could just do anything regardless of what the Legislature said. The council should demand he repay the expenses for this, just don't pay him for 2 years. Oh and sue the attorney for advising him on such a stupid case.
We all knew this was the outcome but Lumumba doesn't listen to anyone.. unless you are funneling money back to him.
What a fuckin' shame it will be if any court calls Dickinson out of retirement to hear (even) a lawsuit involving a front alignment due to a Jackson pothole.
At best, the man qualifies to be a Supertalk Host.
Chowke has been, wait for it....VETOED!
Sista Rukia will be holding a rally soon!
This calls for a balloon release.
Here's the question for me as a longtime resident of Jackson: If Lumumba chooses to run again, and is re-elected again, do I want to continue to live in a place where that can happen?
Chokme doesn’t care if he lost. Keeping the controversy going keeps his name in the news, keeps him on TV, gives him more opportunity to call everybody a racist(thats coming for the Supremes). Staying in court does not cost him anything. Its not his money.
When Chokme gets his share of the fed’s $600+million he will be laughing at kingfish and the Supremes. And all of us.
Genius cartoon. You don't really see those anymore in the CL or MSM.
3:51 = 100% Accurate
The ruling makes one wonder whether the payment to Richard’s was illegal. Since the payment ship has sailed, likely no one will seek an answer. Would have been nice to see Antar and cronies stuck with the bill as opposed to the citizens being forced into paying the contract forced by the tantrum Mayor.
So what he did was illegal. So, when will the authorities pick him up?
Interesting. I’ve never seen a similar headline for when a court has ruled against a Republican politician. Double standard, Kingfish?
I imagine the feds have some CI in the Richards realm and as the money flows from Jackson to Richards it’s all being watched very closely….
These folks should not sleep a wink at night
"How much of the Jackson peoples money was spent on this B.S.? "
The taxpayers of ALL of Mississippi paid for all this foolishness once the Supreme Court got dragged into his temper tantrum.
How long until Chokwe ends up behind bars?
2 bitch slaps in 2 days for the boy mayor.
Looks like a great week!!!
Question. Now what? Grandma & Grandpa just want their trash picked up.
Didn’t Stokes propose that Lumumba has to pay his own court/legal fees for this debacle and the council agreed? Not that he’s going to do it or somebody will make him follow through but just a little extra glitter for the small victory that the rest of us know as common sense.
And cue CNN/talkshow radio spots in 3-2-1. Race card is getting old.
Wow, didn't see this coming. //roll eyes//
Accusations of racism in 3…2…
Chowke was on the phone to CNN and MSNBC (on speed dial) five minutes after this decision was released.
Dragging all this nonsense out over time got him exactly what he wanted. His company of choice gets paid a high rate for a BS “emergency” Mayor actually wins!.. he’s laughing all the way to the bank.
Yep Mayor now has to pay for the case Appealed to MS SC! Let that sink in & out of His Own Pocket not taxpayer money! Maybe now he will be arrested if he defaults on payment to all of those outstanding debts beginning First with the Great State of MS for setting the bar & record straight! Do not even attempt to slander the Fine, Honest Integrity of our SC Judges, nor attempt to call them racist! Drop the mic!
”Here's the question for me as a longtime resident of Jackson: If Lumumba chooses to run again, and is re-elected again, do I want to continue to live in a place where that can happen?“
Had the weak Legislature not wussed out, Chokwe would be facing a recall election soon after the law would have gone into effect on 7/1/23.
Chokwe is the best thing that has happened to Jackson. My property values keep on going straight up. Vote Chokwe for Mayor.
3:36 p.m. He won’t win again. Remember Yarber’s reelection bid? He won’t even make the runoff. Who supports him now other than cronies? Not Stokes’ supporters, not northeast Jackson.
Between the water, the trash and the understaffed police a huge majority are done with him.
But god forbid he does win again, yea let’s move.
Chowke - real estate agent of the year. My Madison home has appreciated in value $110,000 since 2018.
Why does it feel like John Grisham wrote this opinion?
805 - an option is coming. Hold on; just waiting for the legislature to go home so that it won't be another arrow in the quiver of David Blount and his Merry Men.
Lumumba won't be running again until 2025. Options will be available this summer.
439 - other than Trump (who has a long list) which courts have ruled against republicans recently?
Yes, the SC ruled against Gunn and his sidekick when they fought Tater, but that was R on R. There are certainly potential cases against a repub or two on the DHS mess, but those haven't been ruled on, so that's putting the cart before the elephant.
Which ones do you think KF failed on? Or, are you just bitching because Antar got his ass handed back to him, again, in this fiasco?
Yet another example that Antar can't make a living practicing law.
@10:58pm -
That’s all? Mine’s gone up 300k since 18
@2:31pm - It was the Supreme Court’s fault for appointing dicta Dickinson to begin with.
I hate to say this but the attorneys representing the city on appeal simply do not have the legal talent to appeal a case on any issue. They need to limit their practice to municipal court issues. However, no lawyer in America could have won this case for the city.
So what happens next a new RFP with COJ?
6:48, good question, and here's, sadly, what I suspect will happen:
Under the settlement between the City and Richards, Richards agreed to continue picking up trash in the City for 30 days after the Supreme Court's ruling. Everyone, including the Mayor, knew how the Supreme Court would rule on this veto issue, and it has now ruled. So the Mayor should have issued a new RFP months ago for a new provider once Richards' deal ends. But he has refused to do so and still refuses to do so. So here's what happens. The Mayor continues to refuse to issue a new RFP, the 30 days for Richards ends, and Richards threatens to quit picking up trash. So now there is yet another "emergency" with the City having no one picking up garbage, and the Mayor once again tries to invoke some emergency powers to enter a new contract with Richards or one of his other cronies. So, just as the City went without water for over a month due to the Mayor's failure to do anything, now the City may go without garbage collection for a month or so due to the Mayor's (continued and repeated) failure to do anything. Now that the Supreme Court has rued, he should immediately issue a new RFP today, but he won't. The Mayor has failed in his duties, repeatedly failed, and will continue to fail, all the while claiming its someone else's fault.
Any child with a 6th grade private school education know all this.
Can the state take over responsibility for garbage in Jackson? If not, 8:20 is correct - The mayor invokes an emergency and here comes Richards.
All Jacksonians should care about is what good service looks like.
Tired of arguing about how the decision was made and that's all we are doing.
Jackson should be put in receivership. There is no excuse for every element of municipal services to fail so completely other than total incompetence. Water, sewer, garbage, police, roads, management of city funds (see the 2021 audit) - and at the end of the day, the citizens of Jackson suffer. Not just thugs - the old people who can’t afford to move away, the business people who try to operate restaurants and stores, and professional people who try to work in downtown Jackson. It is not going to get better.
Did the Supreme court determine if Little Chok has to return his "referral fee" to Little Richard's Garbage
Jackson is okay except for
1 roads you can’t ride on
2 water you can’t drink
3 garbage not being picked up
4 crime rates in the top 1% in the country
5 drag racing on the interstate at midnight
6 public school failing in virtually every category
7 lack of minimally trained police
8 libraries rotting and closed
Etc.
But, on the bright side, I have heard nothing negative about the fire department.
Really like Dickinson, great guy and a capable lawyer and judge. Also really like his son, practiced with him in Gulfport for 6 years and he was extremely helpful to me as a young lawyer. Also a great guy. But man, in this one particular circumstance, that was quite a gaffe he made that caused many months of problems and delays.
@12:31 Took them 25 minutes to show up last August when my house was on fire. The fire department is 2 blocks away.
I still stand behind them because that wasn't their fault. It took dispatch 22 minutes to send the call to the station.
@3:36 if Chokwe loses reelection he will probably veto that vote.
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