Jackson Jambalaya

The Mayor tried to get JXN Water Manager Ted Henifin in trouble with the EPA, oh how he tried.  For all of his troubles however, the EPA blew off Mayor Lumumba.  

Hizzoner sent a letter to EPA Administrator Michael Regan on March 27 that was rife with complaints about Mr. Henifin.   Mayor Lumumba griped Mr. Henifin was not using competitive bidding to award contracts: 

Lack of Competitive Procurement: The Interim Stipulated Order (ISO) directs the ITPM to employ competitive procurement processes to ensure the residents of Jackson receive optimal services at competitive rates. Despite the end of the initial emergency response phase more than a year ago, the ITPM has failed to initiate competitive procurement processes for water system operations and maintenance as required. Most notably, the ITPM remains stalwart in its intention to award a 10-year, $250 million contract to Jacobs Engineering for the City's drinking water system, without any procurement process. This not only contravenes the ISO but also deprives Jackson of the opportunity to secure the best pricing and incorporate community benefits into procurement documents. The inflated cost of these non-competitive contracts will be passed on to Jackson's residents who are already struggling with increased water rates. We urge the EPA to inform the ITPM of its status as an instrumentality of government with an obligation to conduct competitive procurement processes for operations, maintenance, and management contracts, as well as any significant construction projects, to ensure transparency and equitable distribution of public funds.

Coming from the Mayor who wrecked the competitive bidding process and used so-called emergencies to award no-bid contracts to Richard's Disposal, this is somewhat rich.  The real target of this particular complaint is the Jacob's Engineering contract.  The Mayor and the Sisters of Rukia want to give that contract to one of the favored few, competency be damned.  However, the Mayor was just getting started. 

Lack of Progress on Priority Projects: The ISO outlines specific priority projects to be completed within designated timeframes. However, JXN Water's fourth-quarter progress report indicates significant delays in many of these projects. While JXN Water cites USEPA-approved schedule extensions in its report, the City of Jackson has not received documentation of these approvals. Timely completion of these priority projects is crucial for ensuring the residents of Jackson have access to safe drinking water and clean waterways. Recent incidents, including numerous boil water notices and raw sewage spills into the Pearl River, underscore the urgency of this matter. We request the EPA's continued monitoring of JXN Water's progress on these critical projects and urge for their timely completion.

As the USEPA knows, timely progress on these priority projects means a great deal to the residents of Jackson, who deserve safe drinking water and clean waterways at the earliest possible time.

During the past quarter, JXN Water reported:

• 81 boil water notices throughout the City's drinking water system,

• 250 million gallons of raw sewage spilled into the Pearl River, and

• Continued delays to the OB Curtis water treatment plant's corrosion control system,

necessitating a corresponding extension of the Mississippi Department of Health's advisory to pregnant women and young children, which the ITPM has publicly questioned and dismissed.

Hmm...... and how many of these problems was the Mayor and his team guilty of when they ran the water/sewer system? Inquiring minds want to know.  

Next up at bat was Mayor Lumumba's claim there is little communication with JXN Water: 

Insufficient Communication and Coordination: The ISO mandates regular communication and coordination between the ITPM and the City of Jackson. However, meaningful coordination with the Mayor's Office has been lacking since the end of Q2 2023. Effective communication is vital for addressing the challenges faced by Jackson residents and ensuring they receive the highest quality water and wastewater services. We call upon the EPA to direct the ITPM to resume regular communication and coordination as stipulated in the ISO.

Mr. Henifin and his team meet with Chief Administrative Officer Louis Wright on a regular basis but ok, bossman, have it your way.  

Finances did not escape the Mayor's notice either: 

Uncertainty in Financial Planning: Along with the Q4 2023 reports associated with the water and sewer system orders, the ITPM also released a revised Financial Management Plan (FMP) in early February 2024. This revised plan presents two scenarios, one with a 41% rate increase and one, preferred by the ITPM, that relies on the U.S. Congress to modify the appropriation of $600 million in the Consolidation Appropriations Act of 2023 (H.R. 2617) to allow its use for both water and sewer debt retirement. The City does not support this text amendment to retire the debt for several reasons, which are: (a) the uncertainty surrounding Congress' willingness to modify the existing appropriation language; (b) the lack of progress on this change in the past year; and (c) the ITPM's failure to actively pursue additional federal funding sources likely creating an inevitable 41% rate increase. An increase of this scale would cripple residents and subvert efforts to regrow our tax base.

Last but not least was something that drew the ire of the Mayor more than once this year: the State Senate bill that would allow the state to buy the water/sewer system from Jackson so it could create a utility district. The Mayor fired at Mr. Henifin with both barrels:

Improper Public Support for Mississippi Legislation as an Officer of the Court: On November 29, 2022, and July 31, 2023, Ted Henifin was appointed as the ITPM for Jackson's public water and sewer systems, respectively. Per court orders, the ITPM and his agents are officers and agents of the court. As an "arm of the court," the ITPM has a fiduciary duty to properly manage, exercise reasonable care, and act in good faith over the city's public assets. However, the ITPM has breached this wall of neutrality and impartiality by publicly endorsing MS Legislature Senate Bill 2628, thus jeopardizing judicial propriety, perception of impartiality, meddling in politics, opening potential conflicts of interest, and interfering with ongoing litigation. On February 23, 2024, the ITPM, via a JXN Water press release, supported SB 2628-which would allow the creation of a regional authority to acquire water and sewer assets from the city-as well as offered potential amendments for the legislation. Above all, the ITPM appointment as receiver of Jackson's public water and sewer systems is for remedial purposes-not to punitively punish the city and its residents-with the ultimate goal of complying with federal environmental and drinking water laws for the health and safety of the environment and public health.

Is it punishing the city when the city has proven through successive mayoral administrations it can not manage the water/sewer system?  

 

The Lord Protector of Jackson concluded with some parting shots at Ted Henifin: 

In closing, while we appreciate the EPA's assistance, the current oversight of Jackson's water and sewer systems falls short of the collaborative approach envisioned in our initial partnership. Unilateral decision­ making, lack of communication, acts that breach neutrality of a court-appointed officer, and non­ competitive awarding of contracts undermine the principles of transparency and equity. We urge the EPA to collaborate with the judiciary and the Department of Justice to address these concerns and ensure the residents of Jackson receive the assistance they deserve. Moreover, this oversight must serve as a model of justice and equity for other communities facing similar challenges.

Actually, Mr. Mayor, there is no partnership between the city and JXN Water as described above.  Jackson's water system was placed in receivership.  Period.  The Mayor negotiated mightily to ensure the words "receivership" and "receiver" were not used in the interim stipulated order that created JXN Water.  However, make no mistake, the Court took away control of Jackson's water'sewer system and gave it to the Court-appointed receiver, Ted Henifin and JXN Water.  The terms such as lack of competitive bidding were agreed to by the Mayor in the stipulated order.  

The EPA replied a month letter but delegated the task to Acting Region IV Administrator Jeaneanne Gettle.  She minced no words in putting the Mayor in his place: 

Work to stabilize and improve the City's drinking water system is ongoing under a November 2022 Interim Stipulated Order (ISO} between the United States, the State of Mississippi and the City of Jackson. The EPA continues to oversee the ISO's implementation and we recognize that progress towards full compliance is ongoing.

We note since entry of the ISO,

production capacity at both water treatment plants has increased and stabilized. JXN Water has also made significant progress on critical equipment projects at both water treatment plants including filter repairs, corrosion control optimization and winterization. Although there are continued boil water advisories, typically these have been issued in conjunction with JXN Water's line and fire hydrant replacement work. Almost all the boil water advisories are discrete and of short duration and we expect a downward trend in boil water notices as repairs are made. JXN Water has developed a website where quarterly status reports and other updates about the system are posted and holds quarterly community engagement events

Ouch!  As for SB #2628, Ms. Gettle decreed: 

With regard to proposed Mississippi Senate Bill 2628, which did not make it out of committee, the EPA will continue to closely monitor any legislation that may have an impact on current litigation and negotiations. However, the EPA generally does not comment on proposed state legislation.

No bureaucratic gobbledygook in this response.  The Regional Administrator thanked the Mayor for flying EPA Airlines: 

Thank you again for your letter. The EPA is committed to ensuring that the citizens of Jackson have access to safe and reliable drinking water. We look forward to our continued weekly meetings with representatives of the City and JXN Water to track the progress of ISO implementation and associated improvements to Jackson's drinking water system. If the City would like to further discuss the concern identified in your letter, please have your attorneys contact DOJ attorney Karl Fingerhood (202-514- 7519) or EPA attorney Suzanne Armor (404-562-9701). If you have further questions about other EPA matters, please contact me directly, or your staff may contact the region's Public Affairs Director, Davina Marraccini, at {404) 562-8293 or Marraccini.Davina@epa.gov.

Kingfish note: Make no mistake, the Mayor was trying to interfere with Ted Henifin but the EPA saw through it all and slammed the Mayor.  Mr. Regan has bent over backwards to help Hizzoner but some people are just never satisfied.  

Both letters are posted above. 

Neither Mayor Lumumba or the EPA cc'ed Mr. Henifin.