Tuesday, February 7, 2023

Vetoing the Mayor's Veto

 The legislature continues to tighten the handcuffs on Jackson Mayor Chokwe Antar Lumumba as the Senate passed a bill that will abolish vetoes of no votes.  

State Senator Angela Hill (R-Paul's Pastries) authored SB #2735.  The bill clarifies the ability of a Mayor to veto actions of the legislative branch.  The bill states: 

In carrying out his duties or exercising his powers, the mayor shall in no case expend municipal funds in excess of One Hundred Dollars ($100.00) in any one instance without the prior approval of the council. No mayor shall implement any ordinance nor enter into any public contract which has not previously been adopted by the council.

The Senate passed the bill 35-13.  State Senators John Horhn, David Blount, Hillman Frazier, and Sollie Norwood - all of the Jackson delegation but for Walter Michel - voted against the bill as they supported Jackson Mayor Chokwe Antar Lumumba.  History and text of bill.


How We Got Here

The State Senator sponsored the legislation after Dickinson the Dummy said a Mayor might have the authority to veto a City Council's rejection of a contract.  Jackson Mayor Lumumba awarded an emergency one-year garbage collection contract to Richard's Disposal when the Waste Management contract expired on April 1.  The Council rejected awarding contracts to the New Orleans company several times.   

The two branches of government squared off in Hinds County Chancery Court.  Special Guest Star, er  make that Chancellor Jess Dickinson ruled on March 31 the Mayor could not award a contract unless it was approved by the Council. He also ruled the Council could not award contracts or pick vendors on its own.  However, the Special Guest Star in this garbage drama placed a hand grenade in the form of a footnote into the order: 

For clarity, there does exist a possible exception not presented in this case thus far, where the Council rejects an emergency contract presented by the Mayor, the Mayor exercises his veto of the rejection, and the Council overrides the veto. The Mayor then would have the option of engaging the judicial system, claiming the Council was arbitrary and capricious in overriding the veto.

A lawyer himself, the Mayor  pulled the pin, and threw the hand grenade at the Council during an emergency meeting on April 1.  Council President Virgi Lindsey called a special meeting that day to approve an emergency one-year no-bid contract with Richard's Disposal for garbage collection services.  The City Council voted twice 4-3 to reject the contract.  

The Mayor took that footnote and ran wild with it as he vetoed the Council's rejection of the contract in accordance with the footnote as Councilmen Ashby Foote, Vernon Hartley, Kenneth Stokes, and Aaron Banks watched in disbelief. 

Judge Dickinson tried to put the pin back in the hand grenade as he vacated the order, erased the footnote, and issued a new judgment that night.  

Judge Dickinson said "ordinance" includes "ordinances, resolutions, orders, and any other official actions of the council.."  He backed up a little bit from including contract rejections as an action that could be vetoed by the Mayor: 

While the court is persuaded that a council vote to reject a contract is “an official action of the council” and, therefore, an “ordinance” as defined in Section 21-8-47, the question remains whether a vote to reject a contract submitted by a mayor is an ordinance that has been “adopted” by the council.

The Chancellor realized no one asked him whether contract rejections were subject to a Mayor's veto and decreed "Upon review of the pleadings, the court recognizes that this precise question was not presented to the court and the court should not have addressed it in dicta."  

Judge Dickinson vacated the March 31 order and issued a new one that removed the infamous footnote.  However, it was too little too late.  Mayor Lumumba doubled down on his veto at a press conference April 4.  He said the applicable law the judge cited in his footnote was still valid and thus supported his veto of a contract rejection.  

Mayor Lumumba sued the City Council for a declaratory judgment in Hinds County Circuit Court.  The Mississippi Supreme Court appointed Special Circuit Judge Larry Roberts to hear the case.  Judge Roberts held a hearing before promptly throwing out the Mayor's case as he called Hizzoner's position "nonsensical."  

Mayor Lumumba appealed to the Mississippi Supreme Court where it is pending.   


16 comments:

Anonymous said...

“ The legislature continues to tighten the handcuffs on Jackson Mayor Chokwe Antar Lumumb”

If only Phil and Tater could get the same treatment, we might be able to drag this state out of last place.

Anonymous said...

So, the 13 no votes were against Democracy. Right.

Anonymous said...

Chowke will try to veto this bill. Right?

Anonymous said...

5:48 PM
The cope posting after Tate secures a second term is going to be glorious.

Anonymous said...

The Mississippi Supreme Court has had ample time to decide this issue. Why hasn't it done so? It isn't about the law, but it is all about politics. You know, that thing that the chief justice and his crew don't do. Like the marijuana referendum case, for example.

Anonymous said...

9:11 makes a proper claim against the sloth of MS Supremes. An intro Law class could get this in 5 minutes, especially if race were omitted.

Anonymous said...

It would have been nice if the legislators would have waited until after the state Supreme Court issues it opinion, which should be forthcoming and will surely slam-dunk the mayor, but then they might lose a grandstanding opportunity.

Anonymous said...

Mayor about to get a Masters in Finding Out!

Anonymous said...

(R-Paul's Pastries) --That's a clever one KF

Anonymous said...

11:49 - Nice? What's the amount you're willing to wager on a pending (assuming it's forthcoming) opinion of The Court? By the way, on specific matters before them, courts issue rulings, not opinions.

'should be', 'surely', 'might'. Gotta love those words you include in your opinion.

Anonymous said...

@5:48 pm,who posted “If only Phil and Tater could get the same treatment, we might be able to drag this state out of last place.”

Well, that may be so. But could you-all do that without re-education camps and forced hard labor?

Anonymous said...

@8:38 - what the hell are you talking about. Where are there re-education camps and forced labor taking place?

Anonymous said...

8:32, Your ignorance is showing. The written orders of the appellate courts are, in fact, called “opinions.”

Anonymous said...

Every mayor in Mississippi and all residents should be worried about State takeover.

Anonymous said...

I do there is such a legal thing a veto of a no vote. A no vote did not happen so how do you veto something that does not exist.

Anonymous said...

11:08, can you name another capital city in Mississippi that the State would be interested in taking over? I'll wait.


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