Complete video posted below.
It's 6:00 PM and that means we gonna have us a little hearing on the garbage contract in Hinds County Chancery Court. JJ is going to live-blog the hearing so stay tuned.
Uh-oh. The Mayor's attorney, Felicia Perkins, said her associate, Jessica Ayers, was not able to participate in the hearing at the moment because she had no power. Ms. Perkins told Judge Dickinson she could not go forward without Ms. Ayers. The Chancellor said he had her brief and wanted to go forward.
Judge Dickinson said he was going to focus on the Mayor's complaint and its responses. Although he allowed three interventions, he said was not going to allow them to present new issues based on claims not in the litigation, they could file separate complaints. He said he wanted to determine whether a contract with any contractor "exists." "I'm looking for a contract, the executive, the Mayor's office proposed and the Council approved or a contract put into place through another system that is allowed by law," said the Chancellor.
City Council attorney Deshun Martin opened the oral arguments. He said the "emergency" emergency was not an emergency. He cited section 33-15-5(g) in support. The refusal to follow the RFP process within the Mayor's control and thus was not an emergency. The award also violated the separation of powers, as it "trampled" upon the rights of the legislative branch. He cited a 2007 AG opinion (Lawrence) that said a City Council had the power to act when the Mayor refused to do so.
The Chancellor said he had problems with the City Council arguing it could execute a contract while the Mayor said he didn't need the City Council approval to award a contract. He said he couldn't overlook the law that said the Mayor has exclusive authority to execute a contract while the City Council had the exclusive authority to approve the contract. He said AG opinions are not the law and the statutes provided no authority for the City Council to award and execute a contract on its own.
Have a decision to make here. Blantons, Makers Cask, or some good ole Sazerac. Hmmm..
Mr. Martin said the two branches need each other. The issue of minutes arose. The City Council changed its method of adopting minutes on December 7 to where the City Council approving the minutes instead of the Mayor approving the minutes. He said the Mayor was refusing to approve the minutes for August 19, 2021. "You can't argue there are no regular minutes when everyone understands the process of approving the minutes of Jackson" said Mr. Martin. Judge Dickinson said it was never the court's right to involve itself in the procedures in public bodies. He said there is a difference when the procedures are required by a statute. He cited the statute that said the City Council or Mayor had to approve the minutes within 30 days. He agreed with Judge Dickinson that the City Council could approve the minutes if the Mayor did not do so.
The City Council attorney said his client did not care who provides the garbage service but it wants the process followed. He said there was never a majority vote to award a contract to Richard's Disposal.
Ms. Perkins pinch-hit for her associate. The Chancellor wanted guidance on how a Mayor could award and execute a contract without involving the City Council under the law. She said an emergency existed in August when the city gave Waste Management a six-month contract. City attorney Tori Martin said the Mayor declared an emergency in September. The emergency existed when he executed the contract with Richard's Disposal. Ms. Perkins pointed out Richard's Disposal had the lowest bid. She said the company got more than two votes although Mr. Martin may have meant the number of votes taken, not the number of votes cast.
She said the Mayor wants the Court to declare the City Council can't negotiate and execute a garbage contract. The City Council has no power to amend the Mayor's emergency declaration. Only the Mayor has the power to identify vendors who can provide emergency services. Judge Dickinson asked whether the City Council could refuse to pay Richard's Disposal. Ms. Perkins said it was her understanding it could indeed refuse to do so. Great. We get to see Sam Begley scratching his ear with his pen. Shades of George Costanza. Dang Fred, cover up your webcam. We don't want to see your living room.
Waste Management attorney Chase Bryan finally got his turn at bat. He recounted the history of this whole fiasco beginning with the initial RFP. He said there has never been an emergency such as this one that fit the statute because "the Mayor didn't get his way." He said the Mayor and City Council agreed to allow the company to provide service for another six months. He said the Mayor uses emergency declarations to "manipulate the RFP process." He said an emergency is an unforeseen circumstance. Such is not the case here as he knew the deadlines were approaching. Waste Management offered to extend the service another 30 days so the city could resolve the RFP process. He said again the Mayor could not get his way.
Mr. Bryan said the emergency contract was not legal. The Chancellor interjected with two questions. He asked what if there was an emergency? The City Council still did not approve the contract. Mr. Bryan said he couldn't execute the contract for a year. However, he said he could enter into a contract if a bona fide emergency existed (Section 33-15-17(b)). Judge Dickinson said he saw no authority anywhere for a Mayor to enter into a contract and execute it without the approval of the City Council. He said it didn't seem the law allowed either branch to award and execute a contract on their own. Mr. Martin said that position was "the official stance of the Council."
Judge Dickinson said he couldn't decide whether an actual emergency existed. He said it was a question of fact and a trial would be needed to decide that issue, which he was trying to avoid. He said he didn't know how much garbage would have to pile up before it was an emergency. However, he said he agreed with the Mayor's complaint. He said the Mayor declared an emergency existed. He said the Mayor correctly cited the statute. The law required the Mayor provided a plan to combat the disaster. The Chancellor said the emergency contract complied with it. The law finally requires the Mayor to choose a vendor for the emergency contract. He asked Mr. Bryan and Mr. Martin where the Mayor was wrong.
The Chancellor said it "vexed" him that he only had a day or two to decide the case. He said there "needs to be a contract with somebody so someone can pick up the trash."
Attorney Robert Gibbs took a swing as well. He said the Mayor did indeed declare an emergency but the contract was for a year. He said the City Council voted down a vendor. The next step in the RFP process was to negotiate with the next vendor. Judge Dickinson said it didn't matter what type of emergency, he did not have a contract that was proposed by the Mayor or City Council. He said "I'm having trouble why it matters as to why there was an emergency." He added later the Mayor had the power to declare the emergency but didn't have the power to enter into a contract on his own.
Judge Dickinson said he would consider the arguments. He said he did not consider the motions to dismiss three City Council members. He said the members were not parties and are protected by the Tort Claims Act.
44 comments:
Thank you KF!!!
What does her associate not having power have to do with her ability to be there? Seems like a clear delay tactic the result of incompetent lawyering.
No power? That's a BS reason for not being able to participate. Good for the judge.
I don't want Richard's Disposal to get this work (or any other contractor that's chummy with the mayor) but I'm scared to death the judge will find that no one has this contract - which means no garbage pickup, starting this weekend...
Showtime!!!!!
Go with the Blanton’s. Not a tough decision to make. Then the makers.
"Your honor, I can't be there because my dog ate my brief."
"Scared to death" nobody will have a contract to pick up the garbage? Obviously you're not a bowler or someone that is concerned about the price of gas because his iron lung is hooked up to a Harbor Freight generator as a backup plan for stormy weather.
What's up with the mayor's attorney. Can only see the top half of her head, and the background she's using makes it clear she's lost in outer space...
If you can't be competent, at least be confident. LOL!
The goal of an artist is to create works that cannot be surpassed.
Translation: Creasy is about to paint his masterpiece.
@6:54 PM
Shhhh.
I realize it's after 5 and you're on zoom, but you're an attorney arguing in front of a court. Put on a jacket, for God's sake.
So when will the hearing resume or is it over?
When will the judge make a decision? I was under the impression he would make a ruling tonight.
Relax - Kingfish is recording it...he said. If this recording is like 99% of his other recordings it will either be unintelligible or garbled or broken up or all three. With all the moolah Kingfish collects from his fans, looks like he could buy decent equipment.
Socrates being involved always is a red flag. Wonder who he is greasing.
Nothing resolved, just more billable hours for all the attorneys involved. Plenty more fruit on the tree before this is over. Worried about your garbage not getting picked up? Pfffftttt. That's the last thing that concerns these people.
Don’t know what the judge will do because the law says that only mayor can negotiate a contract then it must be approved by the council to be a valid contract(no approval, no contract). But the law doesnt say what happens when council does not approve the contract and mayor refuses to submit a new/different contract. Hard to believe this scenario has never come up before. There will be bills introduced in the legislature to fix this(probably allowing the council some authority to negotiate contracts after refusal by mayor). Interesting question for the Judge to answer.
So there was no ruling? What happens now?
First, this was an after hours hearing done remotely on zoom at each participants home or office. There were thousands of people who lost power due to a severe storm otherwise the hearing would have been at the courthouse.
It is not unreasonable that a lawyer in the path of the storm might have been unable to tune in. Second, the Judge has painted himself in a corner in this short time frame. It's more convoluted than he expected. Unless he decides in the mayors favor, Jackson will have no garbage pickup for the foreseeable future.
The garbage doesn't get picked up but rather piles up on the edges of the streets to rot and stink in unsightly random bags and cans, instead of blending in and enhancing the local flora and fauna in beautiful identical 96 gallon carts like Dr. Omari wanted in the first place. That's what happens now.
9:38
I don't think Judge Dickenson set a date for his decision, but it seems it will not be long in coming.
guess, based partially upon whom Richards lawyer is, is that Richards is just angling to sue Jackson. If the judge rules there was no contract, Richards can complain he relied upon Antar's representation there was a contract ... and he spent millions and needs to be paid his damages (and pay Antar and friends their sugah)
Maybe the City should just ratify the one year contract and let Richards totally fail to collect garbage. Waste Management can meanwhile sue over the failure for Antar to complete the contracting process.
A new contract would be necessary in a year. Would Jackson put up with Antar after a year of Richards performing as he has in other cities? Would Virgie cover for him again?
Second, the Judge has painted himself in a corner in this short time frame.
How so? Be specific.
I just came here for the comments, initially. But, let me say this.... I can ASSURE YOU, without question, that the last thing that attorney Perkins would be is incompetent! I mean, the other attorney is good, too. But, I WOULD NOT want to be opposite her in a court of law, is all I tell you. All I am saying is simply.... don't let the smooth taste fool you. No, I don't want Richard's to service us either, but, ya'll should know as well as I do that attorneys get paid to represent their client - win or loose!
I agree with "March 30, 2022 at 10:25 PM."
Since the mayor decided to break the only thing that works in the city, I will be taking my trash bags and dumping them outside the gates of the Mayor’s home on Ridgewood Rd. He can properly dispose of it as he sees fit.
The judge could enter an order requiring WM to continue collecting garbage until decision is made on complaints.
The judge could also rule there is no contract for either company and order the city to start rfp process again while WM collects garbage.
It sounds though from the way kf reported the questions that the judge thinks the emergency powers of the mayor could possibly include this scenario and that a one year contract exists with Richards. If so look for there to be no more city council input on matters where the mayor wants his way.
Doesn’t do any good now, but in the future, they should structure it so that if the mayor declares an emergency, then the council has the authority to set contracts if it chooses. This would avoid a mayor from using emergencies as a run-around on the council. If the council can’t get it together to have the votes to initiate a contract, then the mayor could cast a vote to move things through council.
What's that smell coming from Jackistan? Oh, it's the garbage piling up starting on April 1. How is baby chowke going to get to work with all of the garbage piled up against his security gate?
What a bunch of fucktards in city government who have broken the only thing in Jackistan that has actually worked for years.
I'd hazard a guess that our fine mayor has security cams taking video of all approaches to his gated home in NE Jackson where any citizen might deposit trash.
Here's what's going to happen. He's going to rule that the law does not allow either the mayor or the council to unilaterally enter a binding contract regardless of The situation. That may not be the best approach, but that's the law and it's up to the legislature, not the court, to change it if they want. So there is no binding contract for trash pickup after April 1. Period.
This will of course mean that we now have a real emergency so the mayor and the council will have to work together like adults to agree on a contact for one of the two vendors that can perform on short notice.
Dickinson: “I don’t see any authority anywhere for the mayor to enter into a contract without approval or ratification of the council. And if y’all can show it to me, I’m happy to read it, but I don’t see it.”
Felecia Perkins has a reputation for being an absolute idiot. Mean as hell but an idiot.
@7:59 AM - Masks - they are very fashionable now. Cover license tag.
Note to self: invest heavily in garbage bag and rat trap futures.
Why doesn’t Jackson pick up their own trash. Most towns and cities seem to do a good job handling the job???? I always thought this was an important reason for incorporating.
Y'all don't bring your trash up to Madison County and give to friends for disposal. Our WM crews do a fantastic job up here and they don't need to be penalized with the extra work.
You made your bed...sleep in it.
Lawyers: Will WM resume work until this is settled, particularly in light of Judges statement located in 8:38.
Prediction: Jackson will become a huge garbage dump! Oops! Excuse me. It is already a huge garbage dump. Now it will just continue to stink at a more rapid rate!
Based on statements made by the Mayors legal team, we really don't need a City Counsel. Could save lots of money.
7:59 AM
Nothing a black hoodie, gloves and parking out of view can't handle.
Did Dickinson say, in effect, that boy mayor's "emergency" had to be proved in a trial and there's no time for a trial? Sounds like RD may have hit a snag by trusting that Lil Choke's Letter to Proceed with an unauthorized emergency contract had the weight of law behind it when it was actually a hollow puff piece.
Y'all keep electing this fool and expect different results, right? Is it ok to feel a little schadenfreude.
"Y'all don't bring your trash up to Madison County and give to friends for disposal. Our WM crews do a fantastic job up here and they don't need to be penalized with the extra work." Y'all already bring your young ones up here to go to school using your families addresses as residences.
Jackson is a great town to live in, unless
1. You want your children to be safe.
2. You want your children to get a decent public education.
3. You want to drive on streets that are so bad, a student at JA was killed from running”into” a pothole.
4. You want potable water.
5. You don’t mind not being able to flush toilets due to low water pressure.
6. You don’t mind paying twice as much in real estate taxes versus safer suburbs.
7. You don’t want to drive at night due to gun shots and drag racing on Interstate55.
8. You know your property values are going down as the previous mentioned taxes go up.
9. You want to live in Belhaven where very likely pay even more “self imposed” taxes.
10. ETC.
Over on the WAPT website, they are reporting that the judge is going to rule that mayor's contract with Richard's Disposal invalid.
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