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.
41 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?
Star date 2058, hearing to be held on status of Jackson Mississippi’s water system and control of same.
Nothing burger.
Horhn quickly approaching the total pissing away of his first year in office.
Can someone explain how this entire matter ended up in federal court? Seems like it should be a state court matter.
Jackson can’t even run the zoo how in the hell can they run water! Jackson is a little Detroit
yes
If the court was against the law he would have blocked it forever.
Is this by chance having any negative affect on the value of the houses in the predominately more wealthy homes in Northeast Jackson? Is there anyone out there that thinks there is any positive way this can improve?
A number of years ago, I moved to Madison because of this kind of B***S**t. I am beginning to think I did not move far enough away from the “Capitol city”.
5:27 - The feds stipulated that a water authority must be created before receivership of the system will be handed over after the feds are done. As I said. The meat.
Trump water! Let don jr and ivanka run it! They won’t steal anything …else ….maybe
Ted is on autopilot. After the rate increase it’s all good. It will be interesting to see what happens with ye old Wingate.
5:46 The feds came to town when the city let the water system hit rock bottom.
I have a real estate client looking at purchasing several million dollar properties here in Jackson. After this news, they asked me to pull the offer. The fear of the water system being ruined again by the city is too much of a gamble. Horhn, you are ruining everything! Y'all don't want Jackson to rise! You of all people know that the veil of incompetence, playing the victim role, and thievery, is and seemingly will always be Jackson's legacy. I'm done! Y'all will be losing a quality resident that pays taxes and keeps property clean which is not the norm around here.
Saying again as in previous post: Wingate has gone tribal - out of fear for his life if he doesn't conform to the potentially violent antics of a culture that will see him as an Uncle Tom if he doesn't.
And in 2058 Wingate is still considering his next move
Judge is 85 years old trying to show out his power. Enjoy your retirement buddy. Or take a couple weeks off and travel to other cities and compare them to jackson. Jackson is a shit hole and you are helping keeping it that way. WE ARE THE U.S.A WE NEED THE BASICS COVERED. WATER, TRASH, WASTE, ROADS. WE NEED ALL THE HELP WE CAN GET
Now, if everyone with money would leave Jackson, we, as a state, can start buying land in Jackson and rebuild it with different leadership. Then, we can bring back the people that keep their properties up and make Jackson great once again.
Everywhere else around Jackson and the state has no problems with any of the stuff you mentioned. Jackson’s leadership is keeping the city this way. The voters of Jackson own this mess. They keep voting the same people in office.
Everyone complaining about Judge Wingate needs to chill and read his Order. He did nothing to overrule HB 1677 or declare it invalid. Right now, the water system is under the control of the federal court. In fact, HB 1677 acknowledged this and specifically stated that it would not take effect until after the court ended its oversight. The only thing the Order did that was different than what HB 1677 says is that Judge Wingate said the water authority could not yet elect its president and have that president serve as a deputy director of Jxn Water under Ted Henifin. And that makes sense. Right now the water system is under the court's authority and thus under Henifin's authority, so appointing a deputy director who could have some say-so or authority would be contrary to the court's original Consent Decree. Otherwise, Judge Wingate said the authority could still establish its Board and start its own internal organizing, etc, which in and of itself indicates that he is ok with the new water authority and wants it to be ready to operate when the court ends its oversight. That said, I wish the State would file a Motion asking the court to allow the water authority to go ahead and elect its president and then ask the court to hire that president as a deputy director or to at least allow that president to work in some capacity at Jxn Water so he/she can start learning the system and be better prepared to operate it when the court ends its oversight and the water authority presumably assumes control.
18 to 24 months from now, folks will back on this as the biggest "be careful what you ask for" moment in Jackson's history. If the feds and locals want it so bad, in spite of them proving again and again they cannot operate it, then let them have it.
His real name is Wingnut.
His parents were going to name him Watergate but that name was already taken.
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