Jackson Jambalaya

 There was much sound but little fury in a federal courtroom last week after U.S. District Judge Henry Wingate ordered Jackson Mayor Chokwe Lumumba and Water Manager Ted Henifin to appear before him to discuss whether the Mayor implied Jackson's water was not safe at a June 14 press conference.

The Mayor announced at the press conference that United Healthcare donated $100,000 to purchase water filters for Jackson's vulnerable population.  He said the city will distribute  the water filters to the elderly and pregnant women to “restore confidence” in Jackson’s water system.  However, Mayor Lumumba clarified his remarks as he stated it had not been “demonstrated” the water was unsafe.  However, he said the use of soda ash instead of lime slurry to treat the water system might raise questions among citizens whether the water was safe since soda ash “clumps” in the Southern humidity. 

 Mayor Lumumba walked into the courtroom with his entourage of the Chief of Staff, Chief Financial Officer, Chief Administrative Officer, Communications Director, Deputy City Attorney, and a bodyguard.  The assistant head lettuce washer apparently stayed behind at City Hall.  City Councilman Ashby Foote made a special cameo appearance. 

The status conference opened with a video replay of the press conference.  Judge Wingate recounted how the parties agreed Mr. Henifin should be the Manager of Jackson’s water system while it was under court supervision.  The learned jurist took pains to point out he has regular conversations with Mr. Henifin.  Judge Wingate said the Receiver and his staff have “done a tremendous job” in addressing Jackson’s water problems.   However, the judge said Mr. Henifin told him he had problems with the video, thus the need for a status conference. 

Judge Wingate and Mr. Henifin discussed their plan to consolidate the receivership of the water and sewer systems.  Mr. Henifin said doing so would allow quicker improvements to be made to the sewer system.  The system has been under a federal consent decree for 12 years yet Judge Wingate observed raw sewage bubbling up in the streets in numerous places when Mr. Henifin took him on a tour of the system in March Judge Wingate told the parties to address consolidating the two cases at an earlier hearing.  However, the federal aid earmarked for Jackson’s water problems can not be spent on sewer issues. 

Judge Wingate noted Jackson’s sewer system was crippled by a lack of funding.  He said all three of Jackson’s sewer trucks stayed in the repair shop last year because the city did not pay the bill.  Such a state affairs greatly troubled the court as there are over 250 sanitary sewer overflows in Jackson. 

Mr. Henifin said what Jackson needs to fix its sewer system is money and a great deal of it.  The key is getting people to pay their water/sewer bills to generate revenue although his team is making “slow and steady progress” in reaching that goal.  Federal funds are coming to Jackson but the Receiver said “the critical piece is getting people to pay their bills.”  He said more delinquent accounts should be cut off to get “customers’ attention.” 

 
The conversation moved on to a discussion of the water leak at the old Colonial Country Club site.  Mr. Henifin said five million gallons of treated water poured out of the ruptured pipe every day, 10% of the systems’s production.  The leak created a small lake that was 35-feet deep.  Mr. Henifin said the leak cost Jackson $10,000 to $50,000 per day (($3.6 million to over $18 million per year).  The repair cost $2.5 million.  The contractor had to build a bypass pipe so the city didn’t have to cut off water to 20,000 residents for several days. 

JXN Water has also repaired 150 leaks since March and opened 60 large valves.

After discussing the update, Judge Wingate moved on to the matter of the Mayor’s press conference as he directed Hizzoner to take his turn at the plate. Mayor Lumumba said he stood by everything he said at the press conference.

The Court asked Mayor Lumumba about his comments on lead.  The Mayor said he did not discuss lead but talked about a corrosion plan.  He said he has never spoken about lead in the system.  He said he was trying to restore confidence in the water system. 

Mr. Henifin said that although the Mayor’s statements were “factually accurate”, they had the “potential to mislead.”  He said providing filters was not the way to restore confidence in the water system.

The Mayor and the Water Receiver meet every Monday afternoon.  The Receiver said Mayor Lumumba asked him at the last meeting to discontinue the hearing.  Judge Wingate said he refused the request because he wanted to understand “the issues being generated here with regard to public confidence and public awareness.” 

The crucial issue in the hearing was whether the Mayor misled the public about the safety of water system.  Mr. Henifin said providing the filters and addressing the technology as the Mayor did  were not “ill-intended” but made his job more challenging as the Mayor’s statements implied the water system was “several months away” from being safe. 

Judge Wingate asked the Receiver if the water was safe to drink.  Mr. Henifin firmly replied indeed it was safe to drink.  The judge followed up with a question asking if the water was safe to drink for children under the age of 5.  Mr. Henifin said “what we have is a dispute with the Department of Health” on a precautionary basis.  The lead found in the water comes from the household plumbing.  Jackson has conducted over 1,300 tests for lead and complied with the requirements of the Safe Drinking Water Act.  90% of the samples have been below action level for the last seven years.  Jackson continues to meet that standard.  Mr. Henifin said the water is safe for pregnant women although some might want to get their water tested since the household pipes might have lead. 

Is there a need for water filters? No, said Mr. Henifin.  He said there is no need for a filter for “any population” in Jackson.  He placed some blame on Dr. Patterson’s statements at the press conference. Dr. Patterson is the Clincal Services Director at the Jackson-Hinds Comprehensive Health Center.  He compared the physician’s statements to pouring gas on a fire.  Dr. Patters said “We run into a problem with water that is not filtered or purified, we run into the problem of having disease that not only with mothers that are expecting but with our patient population in general.”  Such remarks drew the ire of the Receiver:  “I find it pretty damning we have a medical professional making that statement at a press conference” as he reiterated the water is completely safe and does not need such filters. 

Mr. Henifin pointed out filters have their own set of problems.  They must be changed every four months, bacteria can build up in the filter, and they cost $50.  They will create a different version of the same problem said the Receiver.

Mayor Lumumba said “I stand by my comments. I think there is always danger in a single narrative.”  Hizzoner said he had a “difficult time squaring how I’m factually correct and reckless at the same time.”  The Mayor said he never said the water was unsafe nor that the water filters were “a necessity” to citizens.  He said the Health Department required the city to send out notices about lead and corrosion control efforts, thus creating some confusion.  The filters were a way to combat such confusion.

Hizzoner next reverted to referring to himself in the third person.  “Chokwe Lumumba believes our water is safe.  Chokwe Lumumba does not believe that the water is dangerous to children under five, Chokwe Lumumba does not believe the water is dangerous to pregnant women.” 

He said “What we have is a discrepancy between officials and me in the middle trying to resore confidence among our residents.  They have differing communications before them, and we’re trying to restore their confidence.  We will continue to try to restore their confidence in any way possible.” 

Judge Wingate asked if distributing water filters restored confidence in the water system or if the filters were indeed necessary.   The Mayor said he “never shared they are necessary” as he blamed Health Department recommendations as the rationale for delivering the filters.  However, he admitted the filters could be “problematic” if not used properly. 

“I lack the expertise on what is dictated by water safety, again, I would leave that to the debate of experts.  Chokwe Lumumba believes it is safe but I lack the expertise.  I am very careful with the words that I say, and being careful with words that I say, I recognize there are two perspectives in the room.  I have not the sufficient background to break the dispute.  What I’m saying is I never said it was necessary, just providing residents filters after sending out notice and recommendations on Department of Health website to drink filtered water.”  Health Department attorney Gerald Kucia said the notices are required and have been routine since 2016. 

The Mayor disagreed with Judge Wingate on the need for a “clearing house” for press conferences on Jackson’s water.  

The hearing ended with nothing changed from before.