Thursday, April 6, 2023

Trash Talk: About the Open Meetings Act....

Jackson Mayor Chokwe Antar Lumumba said during his press conference this morning that he would attempt to meet individually with Councilman Ashby Foote, Vernon Hartley, and Aaron Banks.  The three Council members are staunch opponents of awarding a contract to Richard's Disposal for garbage service. However, the Mayor's little gambit might run afoul of the Open Meetings Act.   


Flashback to  Columbus, Mississippi in 2014.  The Columbus Mayor scheduled separate meetings with City Council members to discuss city matters.  The Mayor barred the press and public from attending the meetings that were held behind closed doors.  

The Commercial Dispatch filed a complaint with the Ethics Commission.  The Commission ruled against the city.  Columbus struck out when it appealed to Lowndes County Chancery Court. The losing streak continued at the Mississippi Supreme Court. The Court unanimously ruled against Columbus in September 2017: 

¶15.  Aside from philosophy and spirit of the Act, Section 25-41-1 also explicitly details what constitutes public business. It lists deliberations and decisions that go into the making of public policy” and then states, “[I]t is hereby declared to be the policy of the State of Mississippi that the formation and determination of public policy is public business and shall

be conducted at open meetings except as otherwise provided herein...


¶20.  The trial court also found “[t]he discussions not open to the public led to official action by the Columbus quorum when they met.” The record is clear that, although a quorum was never present in the same room at the same time, public business was discussed at all of the gatherings. Thus, this factual conclusion also does not rise to the level of an abuse of discretion....


¶24.  Prearranged, nonsocial gatherings on public business that are held in subquorum groups with the intent to circumvent the Act are required to be open to the public under Section 25-41-1 of the Open Meetings Act. Earlier post on subject.

Thus the Mayor can indeed hold his meetings with individual or sub-quorum groups of City Council members if the meetings are open to the public and that my friends, is the bottom line.  





Kingfish note: Ward 6 Councilman Aaron Banks issued the following statement a few minutes ago: 

The Mayor asked to meet with me individually. I requested if he would meet with the three of us together to keep everything open and honest. The three of us Councilman Hartley, Councilman Foote and myself were available at 3:00 p.m.3:30 p.m. and 4:00 p.m., which were the designated time sent to my office. The Mayor refused to meet with us together, and quoted Open Meetings Act law. For all clarity, the Open Meeting Act says that we cannot have a quorum, which is four. It is imperative in order to come to an immediate conclusion that, we meet as a unit in unity. This is to resolve all issues, concerns, and illegal actions. If there is an urgency, why not call a meeting with the whole body, go into a closed meeting and work these things out. Where is the sense of urgency to resolve this matter by any means necessary. 



31 comments:

Anonymous said...

As if this doesn’t happen amongst every elected body in Mississippi.

Anonymous said...

Happens all the time. Most boards know not to talk about it publicly. But this the brain trust that is COJ

Anonymous said...

Just heard on super talk that WM and FCC have decided to not offer services to Jackson

Anonymous said...

but the key is whether there is an intent to circumvent the Open Meetings Act. I think if two men can't discuss a garbage contract in the privacy of their own office, then the terrorists have won.

Anonymous said...

A resident lawyer of jackson should sue the city council and mayor for damages for their intentional malfeasance.

During discovery figure out who is getting bribed on this deal and how much.

Anonymous said...

As I stated earlier, the mayor should have collected/opened the bid, and followed procedures.

NOBODY else wants this. So RD would have been the winning bid. Legally and outright.

He is too dumb to know how easy it could have been, or he prefers the faux struggle for publicity since he plans to leave Jackson in ruins and head to DC.

Anonymous said...

None of them have a hair on their ass if they don't set a phone down at the first of their meeting and press record the reaction.

Anonymous said...

Good job, Councilman.

at 2:04 pm, I didn't hear that.

Anonymous said...

"I am an attorney. I know the law."

Anonymous said...

Fool around and find out!!!

Anonymous said...

But but but JJ, you forgot.
Chokeme is a lawyer. He Knows the law.

Anonymous said...

"Thus, this factual conclusion also does not rise to the level of an abuse of discretion...."

From the court. What does that mean in lawyer speak converted to lay speak?

Anonymous said...

@ 2:40: It's explained in pages 4-5 of the opinion. In short, because the chancery court is the fact-finder and essentially does a "do over" in any appeal from the Ethics Commission, the appeals court can't overturn the chancery court's ruling just because the appeals could would have decided it differently. Rather, the appeals court can only overturn the chancery court if it finds that the chancery court abused its discretion, such as by applying the wrong law or ignoring significant evidence. So that line simply means that the appeals court finds that the chancery court's factual conclusion doesn't meet that "abuse of discretion" standard.

Anonymous said...

'Rise to'? I would think a planned violation of the Open Meetings Act would be at a higher level than an 'abuse of discretion'.

Anonymous said...

But wait, Antar says he knows the law, so the Supreme Court must be wrong on this. Antar is the highest court in the State, not the Supreme Court.

Mayor, this is the second time you claim to have known the law (this time and in regards to your ability to veto a no vote), and both times you've been wrong. Quit making a fool of yourself and saying you know the law when in fact you clearly don't.

The Truth Hurts said...

This is Marxism 101 - they hate accountability and transparency. Treat the public like mushrooms - keep them in the dark and feed them bull shit.

Ayn Rand - "We are fast approaching the stage…where the government is free to do anything it pleases, while the citizens may act only by permission."

Anonymous said...

PSA: Enjoy the brewery, Fenian’s, Elvie’s, Lou’s, Keifer’s, District Donuts, Picantes, Wing Stop, and the Manship when visiting Belhaven.

Pulito is owned by Virgi’s son. Eat there, don’t eat there. Up to you. Just fyi.

Am I mean for calling out a family when said family’s matriarch continues to f with the rest of us when it comes to safety, sanitation, and likely then our property values?

Anonymous said...

2:31 PM
It was during the break when they were covering headlines.

Anonymous said...

We all know the rules don’t apply to the mayor.

Anonymous said...

Can a fellow with a pickup truck start hauling off bags to a land field on a fee base to the houses that wish to use him. Is there anything to stop this?

Anonymous said...

Note to Messila Faith Payne, the mayor's flack - please provide a microphone to reporters so when they ask a question, those of us watching from home can hear their questions. That's the way professional PR people do it.

Anonymous said...

@3:28 As a Belhaven resident who disagrees with Virgi's handling of the trash contract, I still love Pulito and don't think that family ties/political frustrations are any reason not to support an otherwise great restaurant. Awesome food and service every time I've been, and I look forward to continuing to support them.

Anonymous said...

at 3:28pm, I'm surprised it took that long honestly

Anonymous said...

@4:26 - Are you confusing Pluto and Pulito? I have no clue which is correct, having hear of neither.

Thanks, tho, Virgi.

Anonymous said...

KF
Presuming Court gives authority to Council to solicit two other garbage proposals, what assurance can Council give that Mayor will not interfere with their performance or compensation?

Krusatyr said...

@2:03pm
Council needs to stay up front and current informing the public on deliberations with such a deceitful mayor who will misstate what the Council members have said or done. Recall he stood on City Hall steps and told the press he knew Stokes and Foote were being bribed by WM, with no evidence whatsoever, other than he just knew.

Anonymous said...

I and fifty others were served perfectly seared and finished 8 oz filets, with an exquisite deglazed pan sauce, the whole room within 7 or 8 minutes of each other, when Virgi's son was running a place downtown, about 6 years ago +/-.

What more can the son of a batty pigressive do but develop his own exceptional performance?

Anonymous said...

If Pulito hurts, does Virgi come to her senses and advocate following the law? It’s dirty, pardon the pun, but it’s ridiculous what’s happening now. I like Pulito, too, but I am not sure I’ll be back any time soon after hearing this. If enough folks boycotted it, would it make her change her mind?

Anonymous said...

Jackson dont need no mare, hell they dont have reliable water, sewer, or garbage!

Anonymous said...

Have never heard of Pulito. What/where is it?

Anonymous said...

The Mayor. Who says God doesn’t have a sense of humor.


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