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DOJ order details third-party role over Jackson water, feds file new complaint

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DOJ order details third-party role over Jackson water, feds file new complaint

The U.S. Department of Justice announced Tuesday that it filed the interim proposal for overseeing Jackson's system, which the city council approved on Nov. 17, making the agreement available to the public.

The parties await a federal court's approval before the agreement, which is set to last a year, takes effect. The DOJ also filed a new complaint against the city for its inability to comply with previous enforcement from the Environmental Protection Agency.

The order names Ted Henifin as Jackson's interim third-party manager. Henifin, a senior fellow at the nonprofit U.S. Water Alliance, managed the Hampton Roads Sanitation District in Virginia Beach from 2006 until 2022, overseeing the city's sewer system.

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The goal of the interim agreement, according to the order, is to stabilize Jackson's water system while the city and federal government look at long-term solutions, through litigation or a consent decree.

Henifin's job, as the order lays out, will be to "operate, maintain, and control" the water system in compliance with the Safe Drinking Water Act, as well as to make capital improvements, specific projects prioritized in the order. The order also gives the third-party team authority over Jackson city employees and contractors to carry out those projects.

The order gives the third-party leadership broader spending authority than what the city would normally have. For instance, under the order, the management team won't have to comply with laws regulating how a governing body procures contracts. The order writes instead that the third-party team "will use best efforts to have the procurement process be competitive, transparent, and efficient." The order requires that the manager consult with the city attorney over any contracts longer than a year.

The document also gives Henifin and his team power to make rate changes for Jackson water customers.

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Within 60 days, Henifin will have to make a strategy, which will include a short-, medium- and long-term — over 5 years — spending plan and schedule for the water system. In that plan, Henifin can propose rate changes as well as governing alternatives.

If the plan does include a rate change for customers, the order requires the to put the change before the city council. But even if the city council doesn't approve the rate change, the order gives the third-party manager the authority to change the rates anyway, as long as it's been more than a year since the last rate adjustment. City officials last raised rates in December 2021.

Under the order, the third-party manager does not have the authority to consolidate, or regionalize, Jackson's water system, or allow another governing body to operate the system.

The agreement also stipulates that documents in the third-party manager's possession are not subject to public records laws because it is not a federal, state or local agency. The order does require the manager to make a website to inform the public with status reports, requests for proposals, and quarterly updates.

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The federal court, after approving this order, would have authority over how Henifin's team is complying with the agreement to manage Jackson's water system.

The order lists 13 projects as priorities for the management team to facilitate:

  1. Operations and management contract
  2. Winterization of both treatment plants
  3. Corrosion control
  4. Implement an alternative water source plan
  5. Distribution system study, analysis and implementation, including replacing water lines, prioritizing any lead lines found
  6. System stabilization plan, including a sustainable revenue model
  7. SCADA system improvements, including sensors, actuators
  8. Assess and repair chemical at plants and wells
  9. Chlorine system improvements at O.B. Curtis
  10. Intake structure repairs
  11. Restore redundancy at treatment facilities, including pumps
  12. Sludge assessment and removal at water storage facilities
  13. Assess power vulnerability

The agreement gives Henifin's team a $2.98 million budget for a 12-month period. That total includes $400,000 for Henifin's salary, travel and living expenses; $1.1 million for staff pay and expenses; $1.4 million for contractor and consultant ; and $66,000 for other expenses, such as phones, computers, and insurance.

The order states that the budget won't be funded by customers' water bills. The city will pay for the budget with money from the EPA and other grants.

Gov. Tate Reeves applauded the , saying in a statement that it's "excellent news" that "Mayor (Chokwe Antar Lumumba) will no longer be overseeing the city's water system."

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Reeves also announced that he authorized to commit $240,000 from the state's Disaster Mitigation Fund "as a bridge" to during the transition of control over the water system.

Read the full order here.

New complaint

The DOJ also filed a new complaint against Jackson on Tuesday requesting a court-ordered injunction to require the city to comply with federal drinking water laws.

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The complaint notes the city's inability to comply with previous enforcement actions issued by the Environmental Protection Agency, including an Administrative Order issued in July, 2021.

The filing details various violations of that order:

  • Staffing shortages: in just four months of operation this year, J.H. Fewell didn't have a certified Class A operator in at least 15 instances, according to the complaint.
  • Not implementing an alternative water source plan during boil water notices.
  • Turbidity in the water.
  • Not beginning the process to rehabilitate filters at J.H. Fewell on time.
  • Not implementing the city's corrosion control plan at J.H. Fewell.

The complaint also notes that, because of the system's defficiencies, contaminants are either present or likely to enter the system.

"State and local actions have been insufficient to prevent the threat of additional failures," the complaint says. "Such failures are likely to continue to occur, whether under normal working conditions or in extreme weather events."

Read the full complaint here.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Some notable bills that died in the 2024 Mississippi legislative session

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mississippitoday.org – Taylor Vance – 2024-05-07 05:30:00

As the Mississippi Legislature adjourned its 2024 regular on Saturday, only a fraction of the thousands of bills introduced by legislators survived to become

The most notable item that died during the session was Medicaid expansion, a policy that would have allowed thousands of to receive health coverage and potentially give struggling hospitals a needed financial boost. 

But several other pieces of legislation such as early and overhauling the way the restores voting rights to people convicted of certain felony offenses also died during the session. 

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Unless Republican Gov. Tate Reeves calls legislators into a special legislative session, lawmakers will now have to wait until their 2025 session next year to introduce any more legislation this year. 

Here are some other bills that died after the 2024 legislative session adjourned on Saturday:

Judicial redistricting 

House Bill 722 and Senate Bill 2771 would have redrawn the state's circuit and chancery court districts, but negotiations stalled between the House and the Senate on adopting a final map.  

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The current court districts have largely remained unchanged for 30 years. Senate Judiciary A Committee Chairman Brice Wiggins, a Republican from Pascagoula who was the Senate's lead negotiator, believed the Legislature should use population data and the number of active court cases in each district to substantively redraw them. 

Wiggins sent the House a plan that passed the Senate 32-13. But the House didn't agree to the Senate plan, and it did not reveal its own redistricting proposal. 

House Judiciary B Chairman Kevin Horan, a Republican from Grenada and the main House negotiator, said he wanted to agree on a plan this year, but he thought there were too many stakeholders, such as judges, whom he believed did not have their opinions considered in how the new districts should look. 

“This issue is too important for them to not have their voices heard,” Horan said. 

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Both committee leaders told Mississippi Today they intend to conduct hearings in the summer or the fall to hear from judges, district attorneys and from the Administrative Office of Courts on what metrics should be considered for new districts. 

Lawmakers have until 2025 to agree on a set of new maps. If the two chambers cannot reach a compromise by early next year, Chief Justice Michael Randolph will be tasked with redrawing the new chancery and circuit court districts. 

Mobile sports betting 

House Bill 774, the Mississippi Mobile Sports Wagering Act, would have legalized mobile sports betting and allowed Mississippi to join more than two dozen other states where the practice is legal. 

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Sports wagering has been legal in Mississippi for years, but online betting has remained illegal in part from fears the move could erode profits of the state's brick and mortar located along the Mississippi River and the Gulf Coast.

The initial proposal would have required betting companies to contract with casinos, but some lawmakers raised concerns that the legislation did not offer any incentives for major betting companies to partner with smaller casinos. 

The two chambers passed different versions of the same bill, and they couldn't reach an accord during the conference committee process. 

Senate Gaming Chairman David Blount, a Democrat from Jackson, told Mississippi Today that there was division among casino owners on how the legislation would impact physical casinos and their employees and offered little protection for people who struggle with gambling addiction. 

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Blount said he hopes casino owners and lawmakers will continue to discuss the issue during the off season and debate the issue more next year.  

Replacing Mississippi's white supremacist statues in Washington

Senate Bill 2231 and House Concurrent Resolution 12 would have replaced Mississippi's statutes of J.Z. George and , two white supremacists, in the U.S. Capitol in Washington. 

Other Southern states such as Alabama, Florida and Arkansas, have replaced their statues of white supremacists, but Mississippi remains the only state in the nation with two Confederate leaders in the National Statuary Hall Collection in Washington. 

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Federal law allows for states to replace their statues, but a majority of lawmakers in both legislative chambers must vote to approve the replacement, and the state is required to pay for the costs of replacing the statues.

House Rules Chairman Fred Shanks, a Republican from Brandon, previously said he did not know much about the National Statuary Hall Collection, but that he would study the issue. 

Early voting 

Senate Bill 2580 would have established in-person early voting and let Mississippi join 47 other states that authorize the practice in some form.

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The bill would have allowed 15 days of no-excuse early voting before election day and required voters to submit a valid photo ID to cast a ballot. It would have replaced in-person absentee voting. 

The bill passed the Senate overwhelmingly, but House Elections Chairman Noah Sanford, a Republican from Collins, said he received concerns about the proposal from some county circuit clerks, the local officials who administer elections. 

Instead, Sanford said he would like to conduct some hearings in the summer or fall to examine the issue further and allow circuit clerks and others to present information. He said that after the hearings he would be more open to passing early voting legislation. 

Restoring a ballot initiative 

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For the third straight year, lawmakers could not agree on a way to restore Mississippi's ballot initiative process. 

House Concurrent Resolution 11 and Senate Bill 2770 would have created a process for voters to bypass lawmakers and place issues directly on a statewide ballot for consideration. The process would only allow voters to amend laws and not the constitution. 

The House passed a proposal that would have created an initiative process that  organizers to gather signatures from 8% of the number of registered voters during the last governor's race, which the Secretary of State's office estimated to be around 166,000.

Senate leaders proposed a plan that would have required petitions to gather signatures from  10% of the registered voters from the last presidential election – more than 200,000 signatures of registered voters – to place an issue on the ballot. The Senate chamber rejected that proposal. 

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Both the House and Senate plans would have restricted voters from considering any initiative related to abortion. 

Mississippians have not had an initiative process since 2021, when the Mississippi Supreme Court ruled it invalid because of a technicality over the state's congressional districts. 

Felony suffrage overhaul 

House Bill 1609 would have automatically restored voting rights to people convicted of nonviolent felony offenses, as long as they had not committed another felony within five years of completing the terms of their sentence. 

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The legislation passed the House by a bipartisan majority, but Senate Constitution Chairwoman Angela Hill killed the measure by not bringing it up for a vote. 

Under the Mississippi Constitution, people convicted of any of 10 felonies — including perjury, arson and bigamy — lose their voting rights for life. A 2009 opinion from the Mississippi 's Office expanded the list of disenfranchising felonies to 22.

The constitutional provision stems from Jim Crow-era policy where the framers of the 1890 constitution chose disenfranchising crimes thought to be more likely committed by Black people.  

Mississippi is one of only a handful of states that does not automatically restore voting rights to people who complete their sentences. Instead, two-thirds of lawmakers in both chambers must agree to restore the suffrage to individuals in a piecemeal fashion.  

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Bill increasing tax credits for private schools defeated at end of session

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mississippitoday.org – Bobby Harrison – 2024-05-07 04:12:00

Legislation that would have increased the proceeds from tax credits available to private schools died a quiet late in the just-completed 2024 .

The proposal to increase the tax credits available through the 's Promise Act was defeated in the 52-member Senate with 21 yes votes and 16 no votes. Since the proposal dealt with taxation, it needed a three-fifths majority to pass.

Since 2020, private schools have been receiving money through the tax credits with limited state scrutiny or accountability, according to the Department of Revenue, which certifies schools that can participate in the program.

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In response to written requests from legislators, the Department of Revenue recently reported, “DOR does not know how the funds were used.”

When asked the number of children served through the Children's Promise Act, DOR said, “This information may be provided with the original application but is not updated annually or maintained by DOR.”

In the original application, “DOR reviews the information provided and issues a letter ruling advising whether they qualify or not.  The original request is covered under confidentiality statues.”

Under the Children's Promise Act, a person or corporation can make a donation to one of the private schools certified by the Department of Revenue and a dollar-for-dollar tax credit for up to 50% of the donor's state tax liability.

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The maximum a private school currently can receive through the program is $405,000 a year.

The program was initiated in 2019 and billed as a mechanism to additional money to non-profits that care for foster children. But a provision to provide tax credits to private schools was tucked into the bill.

Currently under the a total of $9 million a year in tax credit money can be doled out to private schools.

Original legislation filed during the 2024 session by House Ways and Means Chairman Trey Lamar, R-Senatobia, would have significantly increased the amount of the tax credit money the private schools could have received.  The original House plan would add another $6 million for the current year and then would reach a total of $24 million for 2025.

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But in negotiations with Senae during the final days of the session, an agreement was reached where the private schools would have been able to receive an additional $3 million, for a total of $12 million. But that compromise was voted down in the Senate. After it was defeated in the Senate, Lamar did not bring up the compromise for a vote in the House.

Under the current law, private schools are eligible for the tax credits if they educate:

  • Children in the foster care system.
  • Children who have a chronic illness or physical, intellectual, developmental or emotional disability.
  • Children eligible for or reduced meals.

Nancy Loome, executive director of the Campaign, said technically if the school has one student with a speech impediment, for instance, it could receive the tax credit money.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Read Mississippi Today’s Pulitzer Prize finalist series ‘’Unfettered Power: Mississippi Sheriffs”

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Mississippi 's “Unfettered Power: Mississippi Sheriffs” investigation has been named a finalist for the 2024 Pulitzer Prize for Local .

The 2023 investigation from the Mississippi Center for Investigative Reporting at and The New York Times' Local Investigations Fellowship revealed how Mississippi sheriffs rule like kings, wielding vast power, exploiting and abusing the very people they are called to protect with no one stopping them.

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The seven-part 2023 , which has continued into 2024, included new details about the Rankin County “Goon Squad.”

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Click the links below to read the Pulitzer Prize-recognized series.

Sex Abuse, Beatings and an Untouchable Mississippi Sheriff

Where the Sheriff is King, These Women Say He Coerced Them Into Sex

New Evidence Raises Questions in Controversial Mississippi Law Enforcement Killing

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The Sheriff, His Girlfriend and His Illegal Subpoenas

How a ‘Goon Squad' of Deputies Got Away With Years of Brutality

Days After Rankin's ‘Goon Squad' Tortured Two Men, Supervisors Gave the Sheriff a Pay Boost

Who Investigates the Sheriff? In Mississippi, Often No One.

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READ MORE: The complete “Unfettered Power: Mississippi Sheriffs” series

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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