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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 's water system, which the 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 , 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 funding 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 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 systems 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 support; 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 news, 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

Let the Olympics begin, but nothing will top what Ruthie Bolton did in 1996

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The opening ceremonies of the Summer Olympics are tonight in Paris, and my thoughts immediately go back to the only time I covered the Olympic , 1996 in Atlanta.

My first thought: Has it really been 28 years?

Rick Cleveland

Yes, it has, but in so many ways it seems as if it were only last . It remains one of the highlights of my more than half century writing about sports. The memories are vivid, poignant and many. There was Muhammad Ali lighting the Olympic flame with trembling hands. There was then-Hattiesburg Angel Martino, a swimmer, winning the first American medal and then three more. There was the bomb that went off in Centennial Park, adjacent to Olympic headquarters, putting a 24-hour hold on the Olympics and causing this sports writer to work a 36-hour shift. There were Skip Bertman and Ron Polk coaching Team USA , puffing on huge Honduran cigars all the while. There was a human blur named Michael Johnson who shattered records in the 200- and 400-meter sprints. There was all that and so much more.

Most memorable of all, there was Ruthie Bolton and, by extension, the Rev. Linwood Bolton, Ruthie's daddy. For me, they became the best story of those Olympic Games and gave this Mississippi reporter more than he ever dreamed he could write home about. You could not make their story up.

Ruthie, from the tiny town of McLain, was the point guard for the gold medal-winning USA women's basketball team that pretty much stole the Olympic spotlight from Michael Jordan, Charles Barkley and the USA men's Dream Team. The American women also included such as Lisa Leslie, Sheryl Swoopes and Rebecca Lobo, but little Ruthie Bolton was the team's engine. She made them go, both offensively and defensively. Her story was fascinating and as Mississippi as it gets.

Start with this: Ruthie was the smallest of the 20 born to the Rev. Linwood Bolton and his wife, Leola, who lived on a farm near McLain in Greene County, 34 miles south of Hattiesburg. Leola Bolton had died of cancer the year before the Olympics. Linwood, who at the age of 73 still pastored four south Mississippi churches, watched the first week or so at home on TV, then came to Atlanta for the last week of the games. Meeting and interviewing him was a highlight. He had lost the love of his life and much of his hearing, but his handshake was firm and he still possessed the sunny, effervescent personality of a much younger man.

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Ruthie and Rev. Linwood Bolton in 1996.

“Yes,” he answered, he was “mighty, mighty proud of Ruthie. The rest of them are bigger, but little Ruthie was a little different from the rest,” Rev. Bolton said. “She was the quiet one, but she had a fire inside. Ruthie was the fighter. She was always so determined. When she had a goal, nothing was going to stand in the way.”

On the Bolton farm, the grew corn, peas, beens, greens, okra and tomatoes. They raised cattle, hogs and chickens. Everyone pitched in with the chores, and, said Linwood, Ruthie always chose the most difficult work of all.

All that hard work on the farm somehow translated to the basketball court. For Team USA, Ruthie always got the most difficult defensive assignment. She nearly always defended the other team's best player and she led the team in steals. Offensively, she ran the show, scoring 13 points a game and leading the team in assists.

In the championship game against Brazil, played before 33,000 in the Georgia Dome, Ruthie scored 15 points, passed out five assists and made five steals. On Team USA's first offensive possession, she swished a 3-pointer from four steps beyond the 3-point line. More importantly, she was given the assignment of covering “Magic Paula” Silva, Brazil's legendary star, who scored only seven points and made her only field goal when Ruthie was taking a breather.

Afterward, I asked Ruthie how she did it. Her answer: “I was in her pants, that's how. I was all over her. If she had gone to the bathroom, I was going with her.”

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It reached the point where a Mississippi sports writer – covering a Mississippi woman in the biggest sporting event in the world – felt sorry for the star player from Brazil.

The medal presentation afterward was one never to be forgotten. There was Rev. Linwood Bolton, holding up a of his deceased wife, while his daughter, watching, smiled through tears, a gold medal draped around her neck while the Star Spangled Banner played. Again, you couldn't make this up.

Over the next weeks, many compelling Olympic stories will unfold on the courts, fields and in the pools of Gay Paree. None will be more compelling than what happened 28 years ago when Ruthie Bolton, the 16th of 20 born to Linwood and Leola Bolton, displayed more grit and will than imaginable.

The rest of the story? Rev. Bolton died in 1998. Ruthie went on to play the first seven seasons of the WNBA's existence, was a two-time all-star and has been inducted into both the Women's Basketball Hall of Fame and the Mississippi Sports Hall of Fame. She has long since retired and recently has moved back to McLain where her daughter, Hope, will play basketball as a ninth grader this next season.

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And Ruthie's best memories of those Atlanta Olympics?

“On the floor, it had to be guarding that girl from Brazil in the gold medal game,” Ruthie told me. “Off the floor, just being supported by my family, all of them. I mean, have you ever gone into an Atlanta restaurant and asked for a table for 28?”

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

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https://www.biloxinewsevents.com/?p=378381

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Mississippi Today

On this day in 1948

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mississippitoday.org – Jerry Mitchell – 2024-07-26 07:00:00

JULY 26, 1948

President Harry Truman shakes hands with Force Staff Sgt. Edward Williams, right, of St. Louis, Missouri, just two years after Truman issued Executive Order 9981. Credit: President Harry S. Truman Library and

President Harry Truman issued Executive Order 9981, which abolished racial discrimination in the United States Armed Forces, eventually leading to segregation's end in the services. The order came after he saw many returning Black soldiers become victims of violence. 

“My stomach turned over when I learned that Negro soldiers, just back from overseas, were being dumped out of army trucks in Mississippi and beaten,” he said. “I shall fight to end evils like this.” 

He formed the President's Committee on , which asked for an end to discrimination in the armed forces, and later said in a speech at the Lincoln Memorial, “We have reached a turning point in the long history of our country's efforts to guarantee and equality to all of our citizens.” 

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Throughout the early history of the U.S. military, minorities had been segregated into separate units. Often given menial tasks, they rarely saw combat. But when they had been to fight on the battlefield, they had proven their patriotism and their mettle. Many of the military brass resisted the change, and the last segregated units didn't disband until 1954. Exactly 15 years later, Defense Secretary Robert McNamara instructed military commanders to boycott private facilities used by soldiers or their families that discriminated against Black Americans.

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

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Mississippi Today

Judge denies joint effort to close Tim Herrington’s capital murder case but will consider sealing filings on case-by-case basis

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mississippitoday.org – Molly Minta – 2024-07-25 11:25:39

OXFORD — The case against a former Ole Miss student accused of killing Jimmie “Jay” Lee will remain open after a Lafayette County Circuit Court judge denied a joint motion to seal the entirety of the filings.

In a quick hearing Thursday, Judge Kelly Luther said he would consider sealing some filings on a case-by-case basis if asked to do so by the defense for Sheldon Timothy Herrington Jr. But Luther added he did not think that would be necessary, since it was unlikely any motions before trial would contain evidence that could prejudice a jury.

“The way discovery is done in 's age, I don't anticipate getting any of those items,” Luther said before denying the motion.

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Kevin Horan, Herrington's attorney and a representative from his hometown of Grenada, said he would draft the order and circulate it among the parties. Horan had hoped the motion, which was unusually supported by District Attorney Ben Creekmore, would be successful in order to reduce further pretrial publicity, social media. The case has attracted national media attention, particularly when Herrington was shortly after Lee went missing two years ago.

“We just move forward,” Horan said.

Luther's ruling came after filed a motion to intervene in the effort to close any filings before Herrington's case goes to trial later this year. The news organization's motion was supported by WMC-TV, a television station based in Memphis, Tennessee and WTVA, a station based in the -Columbus area. The Mississippi Press Association had also issued a press release urging transparency and opposing the order.

Mississippi Today's attorney, Henry Laird, commended Luther for the established by the for closing cases.

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“This is an example to other judges that this is how you work with the people, and this is how you work with the press,” Laird said.

Creekmore said there had been “some misconception” about the extent of the sealing requested by himself and Horan. Creekmore added his goal was not to seal the whole case file but to protect any motions entered before a jury.

“It wouldn't have been a complete sealing,” he said.

On Monday, the day Luther had originally intended to rule on the motion to seal the file, he also issued an order from the bench to keep the trial in Lafayette County but pull jurors from another area, then sequester them in a hotel for its duration.

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Creekmore was chiefly concerned about a motion confirming which county jurors will be pulled from leading to a flurry of media coverage in that area. He told Mississippi Today he thought the judge's Thursday order will protect the integrity of the jury.

“I think you have to accept that Lafayette County is already aware of a lot of the facts of the case, and it would be difficult to find somebody who isn't aware of the case,” Creekmore said.

In his 20 years in the courtroom, Creekmore said this case has drawn more scrutiny than many others he's worked on, but he wasn't able to say why.

“I don't have an answer to that,” he said. “I can answer that question once the case is resolved. I've got feelings on it, but I think it would be speculative on my part to try to answer for an entire community.”

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Lee was a well-known member of Oxford's LGBTQ+ community. His disappearance and two years ago has led to protests outside the courthouse and efforts to memorialize him at local drag shows and pride .

Herrington's arrest also drew scrutiny in part because his family is connected in north Mississippi. A preliminary hearing setting bond detailed some of the evidence against him, including Google searches on his computer, text messages he exchanged with Lee the night Lee went missing, and K-9s that identified the smell of a dead body in his car.

But Herrington, through his attorney and family members, has maintained his innocence. As he walked down the Lafayette County Courthouse steps, Horan stated the case will go to trial.

“Certainly,” he said.

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

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