Chancellor Slaps Down Lumumba, tyranny in Jackson
The war between Jackson Mayor Chokwe Antar Lumumba and the City Council resumes today in Hinds County Chancery Court. Special Guest Star Chancellor Larry Roberts will decide whether the Mayor can veto negative actions of the Council. Watch the proceedings below as yours truly live-blogged the hearing.
Attorneys Felicia Perkins and Jessica Ayers represent the Mayor while attorneys John Scanlon and Deshaun Martin stand in for the City Council.
Both sides filed motions for summary judgment and the Mayor filed a motion to dismiss. Judge Roberts is hearing the motions first.
Scanlon says the issue is whether the Mayor can veto a negative vote. There were four instances where a motion was made. The motions did not get a majority of votes although one had a tie vote. The Mayor vetoed each rejection.
Judge Roberts asked if "official actions" includes rejections. Scanlon said rejections are an action but not subject to veto. He argued the official action requires the Council to present the action to the Mayor. The rejection was not presented to the Mayor. The attorney said there were no opinions or A.G. opinions that dealt with vetoes of negative votes.
The power to veto is found in Section 21-8-17 of the Mississippi Code (Ordinances adopted by the Council.). The code states:
(2) Ordinances adopted by the council shall be submitted to the mayor and he shall, within ten (10) days (not including Saturdays, Sundays or holidays) after receiving any ordinance, either approve the ordinance by affixing his signature thereto or return it to the council by delivering it to the clerk of the council together with a statement setting forth his objections thereto or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return an ordinance to the council prior to the next council meeting, but no later than fifteen (15) days (not including Saturdays, Sundays or holidays) after it has been presented to him or unless the council upon reconsideration thereof not later than the tenth day (not including Saturdays, Sundays or holidays) following its return by the mayor, shall, by a vote of two-thirds ( 2/3) of the members present and voting resolve to override the mayor's veto.
Scanlon said adopting the Mayor's argument would create minority rule. Failure of an affirmative vote means there is no adoption, without adoption, there is nothing to veto. Allowing the Mayor to veto such votes removes the power to govern from the City Council.
Upon questioning, Scanlon said the Council no longer sought a permanent injunction.
Scanlon sat down as Ayers took her turn at bat. She argued all official actions includes all votes of the City Council. She said the only statute that limits the Mayor's veto is the redistricting statute (21-8-7(c)(i). She said the City Council still was a check on the Mayor's power as it could still override his veto.
Judge Roberts asked if the Mayor could use a veto to require a 2/3 vote to pass motions. Ayers said yes. She argued the execution a contract is the Mayor's function. Judge Roberts asked how he could execute a contract that was not approved. The Chancellor said the contract was not approved. "The law of the majority of the council is converted to a 2/3 argument," said Judge Roberts. He asked if it impinged upon the separation of powers. Ayers said the law allowed the Mayor and Council to work together like this (Robert just tipped off where he is going.). She said requiring a majority of five votes was a better representation of the voters than a four-vote majority. The attorney at times sputtered as she replied to the Chancellor's query.
Judge Roberts pointed out the Mayor was converting an invalid contract rejected by the City Council to a valid contract through the use of his veto. He referred to the "nasty word of adoption" as he asked if the Council adopted anything. She said the rejection was an adoption of the contract rejection as the Special Guest Star in this drama chuckled.
The Chancellor noted Section 2-66 of the Jackson municipal code said " No action of the city council shall be considered adopted unless
it receives the affirmative vote of that portion of the council dictated by state
law under the circumstances."
Ayers thumbed through her binder as she looked for a response. This is probably the crucial part of the hearing. She said the City Council was trying to encroach upon the Mayor's duties such as negotiating contracts and present them to the City Council. The Council is trying to usurp that authority. The attorney began repeating arguments she made earlier.
Scanlon stood up in rebuttal. He repeated the ordinance's requirement of an affirmative vote for an adoption of a motion. Ayers was given a chance to respond but asked for a break. Judge Roberts declared the court to be in recess for ten minutes.
Judge Roberts returned from the break ready to rule. He reiterated the central issue is whether the Mayor can veto a negative action of the City Council. Section 21-8-17 says ordinances adopted by Council shall be presented to Mayor. He said another code section said "ordinance" included any actions of the Council. Does a refusal to act become an official action? He repeated Jackson Ordinance 2-66. He said the A.G. issued opinions for over thirty years. He quoted one opinion: "Inaction by Board of Aldermen is not subject to the Mayor's veto." He quoted similar passages from other vetoes as he recognized such opinions are persuasive and not binding upon the Court.
"The failed ratification of the emergency contract to me constitutes failed action..... When a matter is not passed by the City Council, it is a negative action that the Mayor does not have the power to veto."
The City Council withdrew its request for an injunction.
Chancellor Robert asked Scanlon and Martin to draft a proposed order.
75 comments:
Lumumba continues to pack on the pounds.
Will they actually video stream a grown man having a temper tantrum then taking his ball and going home.
Judge Roberts is being very kind to Ayers but this ill-advised gambit by Lumumba is clearly over.
The judge should stop debating, hear the arguments, and issue his ruling based on the laws in effect.
Anyone have the figures on what the City is paying (total) for this $h!t show? (Perkins, Ayers, Scanlon and Martin)
This is hard to watch. The Mayor's arguments are horrible. The Judge is trying to educate the Mayor's crack team but to no avail as they are still going...
The court should consider the doctrine of ejusdem generis ---a rule of statutory construction: general words (as in a statute) that follow specific words in a list must be construed as referring only to the types of things identified by the specific words.
Section 21-8-47 states that the “The term ‘ordinance’ as used in this chapter shall be deemed to include ordinances, resolutions, orders and any other official actions of the council.“
“Other official action” under section 21-8-47, then, needs to be akin to an ordinance, resolution, or order. The council’s vote, of 3 to 4, on the motion before them to adopt an order presented by the mayor to ratify the solid waste contract is not an official action. In other words, a failed motion of the city council is not an ordinance subject to veto by the mayor.
10:52, that look of additional weight may be created by his bullet proof body suit worn under his street clothes.
why am I not an Attorney? um...uh...u...giggle
Damn, that paunch is going exponential.
Me thinks the Council outlawyered the Little Boy-
Now she is filibustering.
Sad. I am so disgusted that the capital of Mississippi has turned into a lawless cesspool of incompetence, corruption and out right graft. I used to work downtown and to see what has become of the city is a tragedy wrapped inside a catastrophe inside a disaster. A bunch of worthless dilettantes are in control of the city, whose favorite saying is "don't blame me, blame the guy behind the tree". Residents keep re-electing these imbeciles thinking things will change. The city runs businesses into bankruptcy or out of town because of failing infrastructure, see water system and Eudora Library, and a citizenry that thinks Murder and Mayhem are a daily requirement to live there. If they keep it up the only thing left will be UMMC and the state government. The only thing the city leaders are doing is lining their pockets while they whistle past the graveyard called Jackson, MS. So long Jackson, I used to enjoy visiting
Please tell me my taxes aren’t paying the mayor’s lawyer!
Lumumba LOSES!
How is Richards ever going to get paid?
It boils down to one question: Does "action" and "inaction" mean the same thing? Most of us already knew what it took months and numerous court hearings to decide.
Is there any way to watch this now? It was over before I realized you were live streaming. If not, I’ll wait for your comments on what happened.
I recorded most of it. saving and uploading video. Will take a while.
At least I live in Madison so my taxes are not being spent on this comedy skit. Maybe we as a city can sell water to Jackson, they have to get it somewhere.
Well, well, well, my how the table has turned.
Was that a clear, and precise ruling from Judge Roberts? Did it leave any doubt as to his determination? The man clearly needs to go into teaching the law. This teaching especially applies to the mayahs learned counsel.
Judge Robert’s just affirmed that Kenneth Stokes IS the voice of reason in Jackson.
Lumumba got to get off that dope!
That mommoth binder with all those sticky pads was hilarious. What moron was going to quickly find anything in there. That’s what studying is for.
If not, I’ll wait for your comments on what happened.
KF already provided the play-by-play in the live blog above.
Far from over. Richards wants their money and now they’ll sue the city and/or mayor. How much money did the mayor waste on legal fees for this nonsense???
I hope the mayor didn’t have to leave a luxury meeting in Canada just to get that a**whipping.
Does anyone know how much the mayors attys were paid?
What is Lil Choke's next stunt, other than his typical circumlocutive oral flatulence?
This is like five frogs playing checkers: the Council jumped the Mayor, he cheat-jumped the Council and the first judge jumped the Council, crowning the Mayor briefly, only to try to jump the crown back and then quit the game, whereupon the Mayor kept the crown to jump the Council once more then a substitute judge jumped the Mayor back and now the Council frogs croak victory and all the lawyer frogs haul their money bags to the creek.
12:22 -
Surprised Mary doesn’t have a Strategic Water Reserve for just such a situation.
Will Baby Chowke blame this decision on the upcoming Jackson gun show, which is also responsible for the current boil water notice?
Next election things will be worse than they are now and he will still get 70% of the vote. And that my friends sums it up.
So, will the procurement default back toward WM?
Filibuster is right KF. Lawyer's jobs is to do the best they can for their client and sometimes the client has a flimsy case. You advise your client and if he insists on pursuing it, you either quit or put up a ridiculous futile battle and get paid. Happens all the time. Perkins and Ayers will get paid. They wouldn't have taken this fiasco otherwise. Get paid.
Practicing Law 101
Wise decision driven by the law and common sense. Maybe this will cause the mayor to reflect on rule by executive fiat.
Didn't need to waste a judge's time on this, or to determine what Lumumba is. That boy outta be charged with filing a frivolous suit.
I hope Jess Dickinson tuned in for a lesson on cutting through BS.
Not the lawyers fault. It was a slam dunk for the council from day 1.
Next show, the appeal to a higher court.
Watch Antar exhaust every appeal known to man and further run the city in the ground while he’s doing it. When is the next mayoral election? He’s an empty suit and that’s generous. Absolute failure as mayor.
Jess Dickinson started this fire and the mayor tried to feed it. It only took a small breeze to put it out.
But it did burn up some money...
2:14 PM - The next mayoral election is IN THREE YEARS, because this moron took home 69% of the vote in both the primary and the general election just last year.
there were only 13,000 votes cast. so..theres 24,000 'whiteys'..at least 15000 of voting age. blame yourselves..get a candidate and get out the vote!!!
Just watched a Richard's garbage truck picking up trash in Belhaven. Those guys were working their tails off, and they struggled with the gigantic trash cans.
I hope RDI winds up in bankruptcy court, unpaid. Mr. Richard should have cut his losses in March. He didn't have a majority of the Council and he knew it.
2:46 You just wrote the key words, "get a candidate..." It's easier said than done. Nobody of much worth wants to be saddled with the job of mayor of Jackson or even council member. Black or white. Plus the fact that he's got to be a Democrat above all further limits the field of intelligent options.
I feel bad for the mayor's attorney. She was stuck with a loser of an argument and was drowning for several moments.
Richard's Disposal needs to add a surcharge for having to pick up all the extra empty plastic water bottles in Jackson. Put it on Chok's tab.
Well Richard’s contract is illegal but Richard’s did provide a service and Jackson received the benefit of the service. The Mayor and Board can’t legally pay Richard’s but Richard’s can sue in quantum meruit. The Mayor can roll over and not contest the lawsuit and let a default or maybe an agreed order be entered. The stink continues.
Richards should demand immediate payment or suspend operations. Richards attorney's have to realize that Lumumba will lose any appeal and continuing to work without a contract only increases Richards cash flow problem.
Is that Ridgeland Omari hiding behind a mask in the corner of the courtroom? Can't the kid go anywhere without his surrogate mother?
Not an attorney here, but after watching both sides present their case and listening to the judge present his ruling based on the law, it was pretty cut and dry as to who won the case. This was a legal fiasco that should have never taken place.
It will be interesting to see the mayor's response as to when and on what basis he is likely to appeal the case as well as how Richard's will be paid for the work they have already performed.
4:27 PM
But shouldn't that lawsuit be filed against the Mayor and not the Council? It seems like the Mayor got himself in this mess. Wonder if he'll end up like his father in office. Except this time it could be real and not a conspiracy theory.
Prediction - Richard's will stop service, the garbage will build up exponentially along with the stink, and the rats will take over. Thank you The Fondren and The Belhaven white guilters who re-elected this fool.
Own it suckers.
Baby Chok on WLBT just now saying the Judge got it wrong and he'll probably appeal.
He needs to uh peel them britches off and lay across Howard's knees so Maggie can give him a proper spanking. Don't make her call Rozz in to get it done!
Was it just me or did anyone else find it difficult to take the mair's counsel seriously? Rather than being concise with her argument, however unfounded, she resorted to logorrhea, which made her seem less credible.
No trash pickup on my street in Belhaven as of 5:45 p.m. Hmmm.
Should the surety be sweating their public official's bond?
The mayor's attorney didn't do him any favors. I watched her presentation in full & came away with very little understanding of the mayor's case - she was rambling, unfocused, definitely not on-point.
Prediction - Richard's will stop service, the garbage will build up exponentially along with the stink, and the rats will take over.
This is exactly the crisis the kiddee Mayor wants....it will not be his fault but rather this "rogue" Council that did not do as they were told.
Please tell me the Mair’s attorneys didn’t charge a fee for that performance…..if so, I wonder how much?
No trash pickup on my street in Belhaven either, as of 6:30.
Algonquin J. Calhoun would have given a better performance than the incompetent clowns hired by Hizzoner.
Well Richard’s contract is illegal but Richard’s did provide a service and Jackson received the benefit of the service. The Mayor and Board can’t legally pay Richard’s but Richard’s can sue in quantum meruit.
I would encourage my councilman to approve paying Richard's half of the quoted rate. They've picked up my trash maybe 1/3 to 1/2 of the days they were supposed to, knowing they didn't have a contract. I would NEVER support paying them 100%. That would only encourage much more shenanigans of this nature.
The mayor needs to suck it up, admit he lost, and present TO the council the LOWEST AND BEST BID FOR 2X PER WEEK TRASH PICKUP WITHOUT THE HUMONGOUS CARTS. That was the bid residents demanded, and the lowest price on that criteria was rendered... by Waste Management.
However, this would require Little Lord Chowke to stop acting like a petulant ass and start acting in the best interest of his (black, low income) constituents.
Sadly, this mayor has NO intention of acting in ANYONE'S interest but his own.
Expect a new emergency contract proposal (at the higher rate) next week.
Ward 5 councilman Vernon Harley: "They [Richards] will not get my vote to be paid without a legal contract."
I just passed a bunch of Richard's trucks heading south on I-55. WTF?
Perhaps a recall can be orchestrated to get the mayor the hell out of that office before any more damage is done. I can't imagine Richard's picking up a scrap going forward. Yuck.
9:31. Unfortunately, they were probably headed to the dump, unless you saw them south of Byram.
@7:46 AM - 9:31 PM here - it was between Crystal Springs and Hazlehurst.
When the city can’t / won’t pay its bills it has to be taken over by the state.
It’s that simple.
Stokes Radio should be really good this weekend.
9:31pm:
"I just passed a bunch of Richard's trucks heading south on I-55. WTF?"
Thought they would have caravanned outta town to Louisiana two months ago. Was ElMumba driving one of the trucks?
"@7:46 AM - 9:31 PM here - it was between Crystal Springs and Hazlehurst."
Uh oh. Sounds like the Mair went to Washington D.C. to see Uncle Bennie to get a "Brown Bag Special" for Richard's only to realize it was 2 pieces of cold catfish, a few cold fries and NO hushpuppies.
Has Richard's made a retreat to New Orleans? Stay tuned Jam fans!
Does this ruling mean that Richards will have to bring back the trash they hauled away?
So 9:31 p.m. reports he/her/it just noticed several Richard's Disposal trucks heading south on I-55 and furthermore this morning clarifies to us their location was well south of the Byram landfill. 9:31 p.m., after dark on a Friday night. Possibly coincidental with the end of a 90 day "no contract" billing period.
Sounds like Richard's made a break for it "under the cover of darkness". Oh the irony.
Just saw two RDI trucks picking up trash on my Belhaven street. Farewell tour?
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