Jackson Jambalaya

 It will be a while until the Jackson Metro Authority can start operations, if it ever does.  U.S. District Judge Henry Wingate approved the city of Jackson's request for an injunction against the Authority yesterday.   The legislature created the Authority earlier this year. 

Jackson's water system is currently under receivership and supervised by Judge Wingate.  The veteran jurist said the Authority encroaches upon the Court's authority to supervise the water system.   

HB #1677 created the Jackson Metro Water Authority.  The bill establishes a nine-member board: 

* City of Jackson appoints three members

* Governor appoints three members

* Byram and Ridgeland each appoint one member

* The Lieutenant Governor appoints one member. 

The Authority has the ability to assume Jackson's water/sewer debt.  The Board is supposed to appoint an Executive Director thirty days after a quorum is reached.  

The city of Jackson asked Judge Wingate to enjoin the Authority from operating.   Mayor John Horhn argued: 

Jackson should not be asked to carry the greatest risk without having the authority to govern the assets it owns. We own the asset, and we remain responsible for the debt if the system cannot sustain itself. The City should be able to control and manage its own assets, and any future structure must reflect that responsibility.

The Horhn administration also asked the Court to rule the Authority would encroach upon the Court's well, authority. 

Judge Wingate says the stipulated order gives the Court exclusive power over the water system's finances, personnel decisions, and operations.   The city can not transfer any assets without the Court's approval.  JXN Water is the Court's creation and acts for the Court.  Only the Court has the power to determine the transition "protocols." 

 The State argued it had the authority to create the Authority, creating it as "a safety net for the post-receivership era" (Notice Judge Wingate is using the word "receivership" more and more.) while leaving the transition in "Judge Wingate's hands."  The law indeed states the Authority shall assume control when the Court terminates the interim third-party "manageship."

Judge Wingate placed the Authority on a short leash as he allowed the Authority to seat the Board and "engage in preliminary administrative  preparation." Although the new law allows the Director to serve under Henifin, the Court held doing so would "fracture the unified command" of JXN Water. 

 Mayor Horhn celebrated the injunction: "This is a victory for our city. We have maintained the state overstepped its authority." 

Kingfish note: The Mayor shouldn't celebrate too much.  All the Court did was rule the Authority could take no actions while the Court supervises the water system.  

Here is a little humorous little footnote: 

 ⁹ For instance, some paranoid African Americans have postulated that “take over” of the 
water/sewer/sanitation systems is but calculated steps for the State of Mississippi to confiscate Jackson’s revenue-generating ability; and to move the state capitol to Madison, Mississippi, a whiter, richer adjoining City. These conspiracy-driven persons point to the State’s concern with limiting Jackson’s control over its airport and control over the newly-created Capitol Police, created by the Mississippi Legislature and the Governor. But these surmises are not evidence nor briefed before this court as constitutional infirmities.