Monday, April 10, 2023

Richard's Disposal Sues City Council - Again

Richard's Disposal filed a notice of appeal and complaint against the Jackson City Council in Hinds County Circuit Court this afternoon.  The case is assigned to Circuit Judge Adrienne Wooten.  

The New Orleans company asked the court to reverse the City Council's rejection of the company's proposal for garbage collection services.  The complaint states: 

2. The City Council's decision must be overturned because (1) the decision to not approve the contract between the City and RDI is not supported by substantial evidence in that Richard's submitted the most qualified proposal based on the factors in the October 2021 RFP; (2) The Council's decision was arbitrary and capricious as it violates clear statutory requirements; (3) the Council's decision was beyond its scope or powers in that it violates clear statutory requirements; and (4) the Council's decision violated clear statutory requirements for public procurement of garbage and solid waste services.

The complaint argues the Council voted for the "twice-per-week" garbage collection option at the lowest price.  Mayor Lumumba selected Richard's Disposal for the new contract.  However, the Council rejected the contract.  The Mayor issued an emergency no-bid one-year contract to the company that was later ruled to be invalid. The contract expired April 1, 2023.  

Richard's Disposal accused the Council of acting "arbitrary and capricious" in rejecting the contract.   The complaint claims: 

i.  The Council disapproved the contract without cause. However, the individual council members consistently revealed that they relied upon their own will and disregarded surrounding facts and the published RFP. Exhibits 7.1, 7.7,7.8, 7.10, 7.13.


ii.  One Council member said, "we wanted to avoid confusion and made it clear that we wanted to see a contract on the twice a week option without a cart." Yet, the Council Minutes reflect that the Council made it clear that it wanted twice a week with or without a card.  Exhibits 2, 7.2, 7.8. (KF: This is the first time carts are mentioned in the complaint.) 


iii.  Another  Council  member  disagreed  with  the weight  of evaluation factors in the RFP and the Best Practice Statute, desiring to substitute his own weighted criteria. Exhibit 7.5.


iv.  Council members wanted to negotiate and select their preferred contractor. Exhibits 7.9, 8, and 9.


v.  Still, another Council member wanted the Council to participate in the RFP evaluation committee. Exhibit 9.

vi.   On April 1, 2023, a Council member moved to amend to the order presented by the Mayor to substitute "waste management" instead of" Richard's in the Order and proposed contract.

vii.  Another time this contract award was all about a subcontractor.

Exhibit 9.

The Council's alleged consideration of "factors outside the RFP" violated Richard's Disposal's rights under the RFP, thus depriving it of the contract it earned. 

Richard's Disposal asked Judge Wooten to award a six-year garbage collection contract to the company, damages for losses, and attorney's fees. 

Kingfish note: Leeeeeeeet's get ready to ruuuuuuuuuummmmmbllllllllle!!!

Except for one instance, the notice/complaint never mentions anything about the Mayor's precious 96-gallon garbage carts.  


60 comments:

Anonymous said...

Can the city council file with the MS Supreme Court a lawsuit is claiming that the Mayor is derelict in his duty?

Jane said...

This is insane. The council would be violating the law to approve that contract. The plot thickens.

Anonymous said...

I’ve called contacted a friend at ABC New York to please come cover this.

Anonymous said...

In a sane world it would be dismissed for failure to state a claim. Unfortunately Hinds County is anything but.

Anonymous said...

How many lawsuits does the Mayor intend on losing?

I almost wish he'd represent himself. Save the City some attorneys fees.

Valinda said...

Richard’s is a disgrace. They never had a legal contract!

Anonymous said...

The attorney for Richards is Saul Goodman? Has to be, because no reputable lawyer would try to sue for a contract that they weren't going to get after four straight times the council followed state law and said no...

I have to give it to those idiots in the city that continue to support this clown in charge. He claims to be in favor of the citizens but continues to try to be a dictator...

If he really was concerned about this city he would follow the law and move on. Apparently he has some sort of financial interest in getting Richards the contract that would lead to this lack of leadership...

I have already bought a house in Madison and am getting out of this nuthouse of a city, when water runs clean, streets are smooth and garbage is collected...

Let the ignorant electorate destroy the state capital and prove all the things the rest of the country thinks of Mississippi...

"There are lots of places in Mississippi where there is no running water and no garbage pickup." "Yep, in the state capital..."

Anonymous said...

What the hell is a "notice of appeal and complaint"? It's either an appeal on the record, or it's a complaint to initiate litigation. I think the circuit court either sits in appellate jurisdiction, or it does not.

Also, the statute only gives the circuit court two choices on appeal: 1) affirm the city's decision, or 2) reverse the city's decision. I don't see where the statute provides for damages.

Apparently, the decision on appeal is the counsel's decision to not approve the contract presented by the mayor on April 1.

Anonymous said...

Are they going to start picking up garbage again without a contract?
Didn’t stop them last time.
And, somehow they got paid for it.

Ben Allen said...

I can't WAIT for discovery!

Anonymous said...

The governor needs to call a special session and the legislature needs to revoke Jackson’s municipal charter. Start it over.

Anonymous said...

@6:19 I hope your friend reports what is going on before the Gov has to step in and restore civility. The nation needs to see that the State is not at fault before the narrative turns ugly.

Anonymous said...

If this case is ruled to have merit, then people should be able to sue the lottery commission for not winning the powerball.

Anonymous said...

Timing suspicious. Agenda item #2. Lumumba effectively announcing another emergency contract w/ RDI while indirectly snubbing a 3-month duration for same. Lindsay tipped hand during short Council meeting revealing deliberations between unnamed parties over the weekend. All choreographed.

Anonymous said...

I know I'm stating the obvious, but when someone pushes this hard for something - against all rational behavior - there HAS to be more going on behind the curtain! Richard's has too much to gain / Baby Chok has too much to lose....but either way, there simply HAS to be some sort of "agreement" between the two. A rational politician would have let this go a LONG time ago.

Anonymous said...

Since the Mayor knows the law, did he assist in drafting this suit against the COJ?

Anonymous said...

So Richard’s thinks the court can force the council to accept a contract bid that didn’t score the highest and that the council must accept the 96 gallon deal even though the the council had a choice between different offers with different service parameters. Alice Through the Looking Glass. Up is down and down is up. But it is the City of Jackson, so maybe it makes sense in the alternate universe in which Jackson seems to function. Nah. This claim will fail, if not at the trial level, at the Mississippi Supreme Court.

Kingfish said...

State isn't stepping in this time. City on its own.

Anonymous said...

I know a "few" lawyers around town. Never heard of the Walker Group. Any intel on this firm? Competent?

Anonymous said...

Let’s watch this drag on for three years.

Anonymous said...

I wish I was the law firm representing the garbage company with its hands in Jackson’s Clown faced mayor. I also wonder what he looks like without that WIG on his head.

Anonymous said...

Lubumba says:
Well, I won't back down
No, I won't back down
You can stand me up at the gates of hell
But I won't back down
No, I'll stand my ground
Won't be turned around
And I'll keep this world from draggin' me down
Gonna stand my ground
And I won't back down


Anonymous said...

Yep. Tate wouldn’t piss on him if he was on fire. You see how they flipped the script on the state after they tried to help with the water recently. Let Rome burn.

Anonymous said...

The mayor is anything BUT a leader. What a joke for everyone to see.

Anonymous said...

As my home value drops because no one wants to move into Jackson, can I sue the mayor?

Anonymous said...

6:48, it’s appeal, so there shouldn’t be any discovery. Whatever it is in this pleading that seeks damages should be dismissed.

Anonymous said...

Don’t call ABC or any national media! The friggen water fiasco proves they won’t tell the truth!

And KF you’re right! Trash the carts!!!

Anonymous said...

Free the land!
Free the water!
Free the trash!

Jokeway could phuck up making a peanut butter & jelly sandwich

Anonymous said...

Where can I find some cheap property in Jackson. Asking for a friend.

Anonymous said...

Councilman spent over $200K in attorney fees to get to this?! Now they only have $400 left to cover legal fees in the Richard’s lawsuit? I feel like I’m watching an SNL skit

Anonymous said...

RDI relies on the language in Miss. Code Ann. § 31-7-13(r) that says that "the governing authority or agency shall select the most qualified proposal or proposals on the basis of price, technology and other relevant factors," and from this argues that the council had to award the contract and its decision not to was arbitrary, capricious, "illegal," and violated RDI's "statutory rights." But the very next sentence of the statute says: "If the governing authority or agency deems none of the proposals to be qualified or otherwise acceptable, the request for proposals process may be reinitiated."

In a mayor/council form of government, the "governing authority" isn't just the council. It's the mayor too. If the mayor likes one of the proposals but the council doesn't vote to approve it, that's the "governing authority" deeming the proposal not to be "qualified or otherwise acceptable." By the same token, if the council expresses a preference for one of the proposals but the mayor doesn't like it and therefore refuses to put it in front of the council, that is also the "governing authority" deeming the proposal not to be "qualified or otherwise acceptable." And when that happens, the statute specifically contemplates a new RFP, not years of litigation and temper tantrums.

Anonymous said...

Well, this explains the Lumumba+Richards joint strategy of shifting into the courts. With Judge Wooten, the fix is in. Justice may come on the next appeal but these dealers will be stuck in our craw until then.

Squeezer said...

People be like...The state is racist if they get involved and don't let Jackson determine their destiny. Also people like the state is racist if they don't get involved and give us money.

Anonymous said...

@6:31 what electorate? No one runs against him. In a city of 160,000 - he received 12,000 votes and won. No one bites bc there is no one to vote for and thus, the election goes by without any fanfare. This myth that he’s supported is just that. He’s not. But we are literally given no choice. So 90/% of the electorate stays home.

Anonymous said...

8:29, the pleading is also denominated as a “complaint,” and it will allow discovery, and require presentation of evidence since it alleges facts that must be proved. It isn’t an appeal from a lower court judgment and will proceed to a trial, if it gets beyond the Council’s motions for dismissal and/or summary judgment.

Anonymous said...

What a time to be alive. It is like the collapse of Rome but with WiFi.

Anonymous said...

"The difference between genius and stupidity is that genius has its limits"… Albert Einstein

Anonymous said...

I'm a lawyer. I know what I'm doing. I'll chase my tail until I bite my 96 gallon detroit city asshole.

Anonymous said...

Can't believe I sat here and read this whole damned thing. And I thought OTHERS were stupid!

Anonymous said...

If Richards is suing the city, that’s means the city attorney defends. She’s on the mayor’s side which means she presents a half-ass defense. Council can’t afford to hire outside council so Richards wins.

Anonymous said...

Besides point 6, the rest is BS

Anonymous said...

The real problem here is the form of government. Strong mayor / weak council should have been changed a long time ago. They should go to a city manager form of government. That’s when the next emergency meeting needs to cover!

Anonymous said...

John Walker is Bennie Thompson's bud. Thompson was mad when Chokwe failed to reappoint Walker to the airport board but I'm assuming they are all fast friends again. The lawsuit is completely bogus and for the mayor to keep touting that bs lawsuit as a reason to support Richard's is insane. But everything the toddler dictator does is insane. All he cares about is lining the pockets of himself and his friends. And pretending he's Tony Yarber.

Anonymous said...

10:46: You are 100% wrong about that, for several reasons. But it can be summed up by the title of 11-51-75, the statute under which this notice/pleading travels, which says "Appeal to circuit court from decision of a local governing authority."

Please return your Google J.D.

Anonymous said...

I have seen a few cars pull into businesses in Ridgeland and unload bags of trash into dumpsters. Jackson's garbage problem will soon become everyone's garbage problem.

Anonymous said...

For all those saying this is a pissing match, it's not. It's the mayor steering all the subcontracts to friends.

There's three subcontracts that go with richards:

A plastic manufacturer in Michigan associated with one of Lumumbas largest contributor, a lawyer from Detroit who is not licensed in Mississippi. He was a friend of Lumumba's father and donated $10,000 to his election campaign.

A software company founded when Lumumba took office, run by a guy with two names. The guy was on Lumumba's transition team and his only clients are city contracts. He's been sued by the city and state auditor previously.

A construction company with no office or phone number whose LLC is a random house in west Jackson.

https://www.wlbt.com/2023/04/01/this-is-what-contract-steering-looks-like-council-votes-down-richards-disposal/

"As for subcontractors, a copy of the company’s 2021 proposal showed three: Cascade Engineering, out of Grand Rapids, Michigan; Expert Professional Solutions (XPS), of out Jackson; and H&P Construction & Consulting, also out of Jackson.

Cascade was to provide the 96-gallon trash carts as part of the agreement, while H&P was to provide consulting services.

Akil Webster, the owner of XPS, was previously sued by the city after leaders say they paid his company $101,000 for services that were never authorized.

XPS is still part of the contract and is receiving 6.78 percent of the total cost, Jones told the council."

Akil Webster is also knowk as Akil Bakari and Willie Webster.

Anonymous said...

John Walker is a very good lawyer and he's right about this. This is a proper and timely appeal under Miss. Code Ann. 11-51-75, filed within 10 days of the council's recent vote.

Anonymous said...

7:57 very interesting. I haven't done the research to figure all of that out, but it's what everyone is thinking. No one but his followers are dumb enough to think this heist is about saving the people of Jackson money. Literally everyone with walking around sense(Stokes included) knows this is 110% for the Mayor.

Anonymous said...

The notice of appeal is timely but the appeal is completely meritless. The mayor can't fashion a contract outside (or even pursuant to) an RFP process and insist the council approve it. Of course, Wooten is a total dingbat. The entire legislature was thrilled when she left.

Anonymous said...

Kingfish, can you determine the time of day when lawsuit filed yesterday?

Jackson Outsider said...

I thought that a contract couldn't go beyond an election year for a mayor. There's no way to legally grant a contract for six years, is there?

Anonymous said...

The new Republic of Jackson gonna resolve all these issues, be patient.

Anonymous said...

Is it really a bribe if Richards suggests a big Lumumba campaign contribution hinges on garbage contract? Remember Lil Choke's wet dream is to replace Bennie T. and that takes big money.

Jane said...

By statute a contract for trash pickup can be 6 years.

Anonymous said...

Chucky is in on this. He advised them to sue. Richards sued the city of New Orleans too for similar complaints. This isn't random. He's in bed with this company but thought it would be easy to bullshit the whole city council. There is something going on that we aren't being told. He's way too passionate about this company.

Anonymous said...

So, KF, since you’re so sure that the state won’t step in, are you convinced the city streets won’t become lined with mounds of stinking, rotting garbage, the rat population won’t skyrocket, and plague and other air-borne diseases will not begin to spread? After all, this is Jackson, Mississippi, the one city in the U.S. that basically does not have a functioning city government.




Anonymous said...

@9:29 Great question. Date and time of filing are officially stamped by the clerk on the first page of the complaint. Shouldn’t be too hard to find.

Anonymous said...

"I have already bought a house in Madison and am getting out of this nuthouse of a city, when water runs clean, streets are smooth and garbage is collected..."

Don't forget "and the skies are not cloudy all day"

Anonymous said...

Jackie Chiles
https://youtu.be/dbG4P-AYzzA

Anonymous said...

Its weird that the mayor fan-girls so hard for a company that sues Jackson so regularly.

Its also weird that no oversight agency or journalist thinks his undying love and devotion for said lawsuit-happy-garbage-company is weird enough to ask him "why".


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.