It will be a while until the Jackson Metro Water 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.
19 comments:
Give it to them, including the debt. Sometimes you have to give them what they ask for so they learn. Then just stand by the courthouse steps when the city files bankruptcy.
Wingate really screwed the pooch with this ruling.
Hopefully, Wingate hasn't forgotten the road of incompetence and thievery by the City that has brought us to this moment.
Let's just turn over the entire operation to Wingate.
COJ water system--only one on the planet run by a federal judge
Ted does the transition. He has to find and recommend a structure for the water
system. Not sure he would want the city
to have it back.
Wingate is a clown. It is clear in the state bill's language that it would not take affect until after the receivership is over. Will the State appeal this?
Horhn wants to set up his own water
authority. To run it in the ground again.
I'm glad the state and feds will be a part
of who gets the system.
Judge may be losing it.
Will be interesting to see the feds participate in the bankruptcy proceedings on both sides of the table.
That’s what am thinking. Let Jackson and the judge run it anyway they want to.
If I was Ted I would quit. Tell the judge to run it.
YES! YES!
This is expected and is only being addressed because the COJ approached him with it. The legislature was tasked by the feds to create this bill to stand up the authority, that's why he only partially blocked it. Funny how people don't get into the meat of it all to understand things. The partial block is pretty much just a reminder that the new water authority doesn't have any teeth until the feds say they do. Now that the bill is a law, it's established for ammendment and they saw that coming too. Horhn is appeasing his constituency with his remarks. He knows whats up.
Wingate really did nothing. 1677 already says that the new authority won't take over until it is released from the federal oversight. Jackson got nothing and the mayor is just playing to his voters.
May be? He allowed Rukia and her idiot friends to have a seat at the table.
Why would Jackson want it?
4:30 the feds had nothing to do with the
water authority law.
Going tribal.
Mayor said it protects local control. What
local control?
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