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Jackson meets the man tasked with fixing its water system

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Jackson meets the man tasked with fixing its water system

The new temporary face of 's water rehabilitation introduced himself Wednesday night to residents at Forest Hill High School, a recurring backdrop for the city's drinking water shortcomings.

About 40 residents lined the long lunch tables in the high school's cafeteria as the night began with Mayor Chokwe Antar Lumumba catching the audience up on the latest federal intervention.

Last month, the U.S. Department of Justice appointed Ted Henifin, a veteran water and sewer system professional, to head the third-party management team that will steer the city's drinking water rehabilitation over the next year. The goal, as the DOJ explained in its order, is to stabilize the water system while the city negotiates a longer-term solution with the Environmental Protection Agency.

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As Mississippi Today reported last , the order gives Henifin's team broader authority than what Jackson would be normally. For instance, the new management won't have to comply with state procurement laws that dictate how to advertise and award contracts with public . It also has added power to pass rate increases on customer's water bills, and, because it's not a government body, it won't be subject to public record laws.

Signs on water fountains warning to not drink the water at Forest Hill High School, where a town hall meeting was conducted addressing the current state of the city's water system, Wednesday, Dec. 7, 2022.

At Forest Hill High, which often feels the brunt of water pressure issues because of its elevation and its distance from the treatment plants, audience members in the the large cafeteria asked about what these changes meant for their daily lives.

The first person to step up, Johnny Dickerson, wondered why he was seeing high prices on his water bills despite unreliable service.

“You got a $1,000, maybe $1,500 or $2,000 water bill, but you haven't been using the water,” Dickerson said. “The water out brown and soapy, and you say boil it, but how are we going to pay a $5,000, $2,000, $1,000 bill for something we ain't using?”

Lumumba, recognizing that Dickerson's experience has been common among Jacksonians, replied that the issues with water meters haven't been about their accuracy in measuring consumption, but rather communicating those measurements to the city's offices to send out accurate bills. Residents often see high bills that have accumulated over months, rather than getting monthly bills, the mayor explained.

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Dickerson cut the mayor off, saying it didn't make sense that his bill would be so high if he wasn't using the water. Frustrated, the man walked off before Lumumba could respond.

Other audience directed their questions at Henifin and the specifics of the new order. Brenda Scott, former mayoral candidate and president of the labor union for city employees, asked what will happen to Jackson's water plant workers as Henifin's team and contractors take over operations.

Lumumba said that no city employees will lose their job in the process. Henifin said the contractor will interview employees to see if they're qualified to work on the team's projects, in which case they would join the contractor and no longer be a city employee. The mayor added that if not chosen, water plant workers will be relocated within the public works department.

Mayor Chokwe Antar Lumumba answers questions from concerned residents regarding the current state of the city's water system during a town hall meeting held at Forest Hill High School, Wednesday, Dec. 7, 2022.

Contracting and water rates

Henifin addressed some of the details in the DOJ order the has highlighted.

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As far as the procurement process, he said Monday that the ability to bypass state law was included because of how long the process can often take, and the new management team only has a year to make a long list of improvements. Henifin added that he will uphold the principles of that law, such as fairness, transparency, and equity. He also said it will be a priority to hire small minority contractors, and there will be a workshop in January for those businesses looking to make bids.

Asked about water rates, Henifin initially said Monday during a press conference that he didn't think Jackson could afford to do so because of the city's high poverty rate. On Wednesday, he echoed that he wasn't in favor of raising rates, but that he couldn't rule it out.

The DOJ order requires Henifin to write up a funding strategy for the water system within 60 days. If that plan recommends raising rates, the order gives Henifin the ability to do so even if the City Council disapproves.

Replacing water lines

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Asked about the city's plan to upgrade its distribution system, Henifin detailed some of the next steps for making needed water line replacements.

“Here in Jackson you've got about 110 miles of small diameter pipe, which is unusual. Most large water systems have eliminated that,” he said. “Current engineering would say that a 6-inch diameter is the smallest water pipe you want to run down the street, and you've got a 100 miles of less than 6-inch pipe. You've got a lot of other pipe out there, there's 400 and some miles total, but almost the first line in every study done (of Jackson's system), the first recommendation is eliminate the small diameter pipes.”

Henifin estimated that it costs about $2 million to replace a mile of water lines, meaning to replace the 100 miles of smaller-than-recommended water lines would total $200 million.

He added that he expects by this summer the U.S. Army Corps of Engineers, which recently received $20 million from to aid Jackson, will begin work on 10 miles of line upgrades.

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Looking down the road, with the current funding available, he said it's realistic for Jackson to do about 20 miles of line replacements a year, making it a 5- to 10-year process to replace all the small diameter pipes.

Water systems third-party administrator Ted Henifin, answers questions from concerned residents regarding the current state of the city's water system during a town hall meeting held at Forest Hill High School, Wednesday, Dec. 7, 2022.

‘This wasn't in my plan

Before coming to Jackson, Henifin had just retired in February from a 15-year stint as general manager of the Hampton Roads Sanitation District, which he said handled wastewater from 1.8 million Virginians. He had looked forward to taking a break, calling the job during the pandemic a “crushing” experience.

While no longer officially working, he took on a role as a senior fellow with the nonprofit U.S. Water Alliance, where he helped small communities access money from the Bipartisan act.

The nonprofit, as part of an equity initiative, soon connected with Jackson, which at the time was in the middle of a citywide boil water notice. Henifin began advising the city directly and started making regular visits in September. Eventually, when the DOJ began deliberating the city's future, Henifin offered to take on the role as third-party manager.

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“This wasn't in my plan,” he said. “But as I saw I could offer connections, play off some of my experience, and I really felt the connection with the people I was working with, and I really felt for the 160,000 people in Jackson not dependable drinking water, and I thought, maybe egotistically, maybe I could make a difference.”

Overall, Henifin, a University of Virginia graduate, spent about 40 years working in Virginia in different government roles, including in Hampton, a city with a similar population size as Jackson.

The DOJ order 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 prioritizes 13 projects for the third-party team, which range from making equipment upgrades at the treatment plants, to doing corrosion control, to coming up with a plan to sustainably fund Jackson's water system for the years to come.

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

Mississippi Today

On this day in 1973

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mississippitoday.org – Jerry Mitchell – 2024-03-29 07:00:00

March 29, 1973

The statue of Bradley stands in front of the Tom Bradley International Terminal at the Los Angeles International Airport. Credit: Courtesy of LAX Public Relations

Tom Bradley became mayor of Los Angeles — the first Black mayor of a predominantly white major in the U.S. 

He was born into poverty in , the son of sharecroppers and the grandson of slaves. Seven years after his birth, his moved to Los Angeles. He attended UCLA on a track scholarship and left there to join the Los Angeles Department. 

After his 21 years at the department, he became a lieutenant — the highest rank achieved by a black officer at the time. In 1963, he became the first Black member elected to the Los Angeles City Council. After losing his first race for mayor in 1969, he returned to defeat incumbent Sam Yorty, building a coalition with White voters. 

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His 20 years in office marked the longest tenure of any mayor in the city's history. During his time, he oversaw great expansion of the city and the 1984 Summer Olympics. He also appointed Myrlie Evers to the Public Works Commission. 

“His mayoralty was a time in which Los Angeles reconfigured itself, redefined itself,” historian Kevin Starr told the Los Angeles Times

But the humble politician saw his share of disappointment, falling thousands of votes short of becoming California's first Black governor in 1982. He also endured his share of criticism for his “nearly expressionless demeanor,” receiving the nickname “The Sphinx of City Hall.” Criticism came nine years later after four White police beat Rodney King — an assault captured on videotape. 

Bradley died in the hospital in 1998 after suffering an unexpected heart attack — his second. Raphael J. Sonenshein, the author of “ in Black and White: Race and Power in Los Angeles,” called Bradley “the most important political figure in Los Angeles in the last three decades.” 

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The Los Angeles International Airport now features a bust of Bradley, and the international terminal bears his name.

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

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Mississippi Today

Senate passes Medicaid expansion ‘lite’ with veto-proof majority

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mississippitoday.org – Sophia Paffenroth and Taylor Vance – 2024-03-28 17:37:35

An austere version of Medicaid expansion, which for more than a decade has been blocked by legislative , passed the Senate on Thursday 36-16 – a veto-proof majority – with significant changes to the original bill and now heads back to the House for consideration.

House Bill 1725, with the Senate's strike-all amendment, would increase Medicaid eligibility to those making up to 99% of the federal poverty level, about $15,000 annually for an individual, and would be entirely contingent on the federal approving a work requirement of 120 hours a month. 

That's significantly different from the version of the bill that passed the House, which increased eligibility to those making up to 138% of the federal poverty level, about $20,000 annually for an individual, and would expand Medicaid regardless of whether or not the work requirement was approved. 

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Senate Medicaid Chairman Kevin Blackwell, R-Southaven, called the strike-all a more “conservative, responsible” option and described  it a “hand up, not a handout.” The Senate plan turns down roughly $1 billion federal dollars a year since it doesn't qualify as “expansion” according to the Affordable Care Act.

Republican Lt. Gov. Delbert Hosemann, who oversees the Senate, said that covering more low-income Mississippians under Medicaid would improve the 's dismal labor participation rate – the lowest in the country

“If we as a society, as a state, believe we should have individuals who are working, stay in the workforce, pick up our labor force participation rate, then we need to do what Sen. Blackwell and the Senate did .” 

Senate Democrats introduced several amendments, which , who hold a majority in the chamber, successfully opposed. The amendments called for: increasing the income eligibility threshold, changing the work requirement from 120 hours a month to 80 hours a month, and lowering a recertification requirement from four times a year to twice a year. 

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The Democratic senators strongly criticized the Senate plan to reporters after it passed but voted in favor of it to keep the bill alive – in hopes that the plan will improve later during House and Senate haggling. 

“This bill was not perfect,” Senate Minority Leader Derrick Simmons said. “We would love to see more individuals covered. We would love not to have any hurdles or restrictions on additional access to care coverage. But we did not want to lose an to keep this bill alive as we work through this .”

Sen. Joey Fillingane, R-Sumrall, also attempted to amend the bill by removing two of the exemptions to the work requirement – for primary caregivers of children under six years old and those diagnosed by a doctor to have a disability – and requiring co-payments for individuals fulfilling the work requirement. A few hardline conservatives supported his efforts, but both amendments were ultimately shot down by senators. 

Sixteen senators voted ‘No' on the plan: Jason Barrett, R-Brookhaven; Andy Berry, R-Magee; Jenifer Branning, R-Philadelphia; Lydia Chassaniol, R-Winona; Kathy Chism, R-New Albany; Joey Fillingane, R-Sumrall; Angela Burks Hill, R-Picayune; Chris Johnson, R-Hattiesburg; Tyler McCaughn, R-Newton; Michael McLendon, R-Hernando; Rita Potts Parks, R-Corinth; Brian Rhodes, R-Pelahatchie; Joseph Seymour, R-Vancleave; Daniel Sparks, R-Belmont; Ben Suber, R-Bruce; Neil Whaley, R-Potts Camp. 

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House Medicaid Chair Missy McGee, R-Hattiesburg, told that she does not intend to agree with the Senate's amendment and plans to hammer out a compromise in a conference committee. 

“I'm happy the Senate passed a bill,” McGee said. 

Though the Senate's plan has stricter eligibility requirements than the House version, Republican Gov. Tate Reeves, a longtime opponent of expansion, privately told senators at the Governor's Mansion on Tuesday that he would veto the bill if it reached his desk.

If the second-term governor does veto the bill, a two-thirds majority of lawmakers in both legislative chambers would need to join together to successfully override him and pass the measure into . Both chambers passed their versions with veto-proof majorities.

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Hosemann did not directly answer whether he believes there is an appetite in the GOP-controlled Senate to override a potential veto, but he said the work requirement in the Senate bill is a “good first step” toward addressing Reeves' concerns about the bill. 

“We're going to get with our House counterparts here and maybe that step forward is sufficient for the governor,” Hosemann said. “I don't think there was anybody here that didn't feel the weight of having people who are working have a catastrophic event and not get back into the workforce.” 

House members have until April 19 to either agree with the Senate plan or to work on a compromise in a conference committee.

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

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Judge erred, double jeopardy shouldn’t apply, say AG attorneys seekng to retry acquitted assailant

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mississippitoday.org – Mina Corpuz – 2024-03-28 13:30:00

Nearly a year after a north Mississippi judge acquitted a 22-year-old who stabbed a man in the neck, nearly killing him, attorney general's office lawyers want to re-prosecute the case. 

They are appealing the ruling, saying the victim's absence at trial, the reasoning the judge used for his ruling, did not violate the defendant's constitutional rights and prevent trial from proceeding.

But legal experts say a retrial can be a high barrier to overcome because of double jeopardy,  a clause in the U.S. and Constitution that prevents defendants from being retried for the same following an acquittal or conviction. 

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“This is a textbook case of double jeopardy,” said Matt Steffey, a professor at Mississippi College School of Law. 

In his May 11, 2023 dismissal of the attempted murder indictment and acquittal for Lane Mitchell, Union County Circuit Court Judge Kent Smith focused on the victim's absence, finding that it violated the defendant's due process and compulsory process rights, which is the ability to subpoena and secure favorable witnesses to testify. 

“This precedent thus makes the state responsible for and unable to go forward on nearly every criminal cause when a recalcitrant victim refuses to appear at trial,” the state wrote in a March 4 appellant's brief filed with the Court of Appeals. 

The victim, Russell Rogers of Tennessee, nearly bled out and suffered a stroke. As a result of the stabbing, he was diagnosed with post-traumatic stress disorder and other mental issues and placed under a conservatorship. 

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The state is asking the Court of Appeals to correct the trial court's “misstatements of law.” Alternatively, the state is asking the court to reverse and remand the trial judge's order and in its place issue an order that would allow the state to retry Mitchell. 

The defense has 30 days to respond to the appellant's brief, which is expected sometime early next month if no extensions are granted. The state will then have time to reply, and then the case can be submitted. Oral arguments were not requested. 

The 2019 stabbing

On Feb. 9, 2019, Rogers spent several hours in  Tallahatchie Gourmet in New Albany. When then-18-year-old Mitchell arrived there, he joined his and their friends in the bar area. 

Video presented in court and included in records as pictures shows Mitchell, about an hour after his arrival, taking a knife from the bar and holding it behind his back as Rogers talked with a waitress. The   – Mitchell's father – and Rogers then talked, and when Rogers reacted negatively, Mitchell approached from behind and stabbed Rogers in the neck three times. 

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Mitchell testified he was to defend his father and the waitress, according to court records. The defendant said he thought Rogers had a gun, but in fact he was unarmed. 

Mitchell and Rogers had not met or talked prior to the stabbing, according to court records. 

Months after the stabbing, a Tennessee probate court found Rogers met criteria to be considered disabled and appointed his father, Robert Rogers, as his conservator. Russell Rogers remains under the conservatorship. 

Mitchell enrolled in two colleges while under indictment, first at the of Mississippi and then Mid-America Baptist Theological Seminary in Cordova, Tennessee, where he graduated days before his 2023 trial began. 

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The attorney general's office took over the case in 2021 when the district attorney recused himself from the case. 

Victim testimony central in case 

Mississippi law states victims can exercise their right to be present and heard in court proceedings, but their absence does not prevent the court from moving forward with a proceeding. Victims can be served with a subpoena, which Mitchell's attorneys sought to do with Rogers.

The state argues the trial court seemed to ignore the Tennessee probate court's order quashing the defense's attempt to subpoena Rogers, saying his mental health problems stemming from the attack made him incapable of testifying.

The state argues the trial court only determined Rogers “appear[] to be intentionally unavailable” to testify in court, but it did not find what from his testimony would be favorable to the defense. 

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The defense wanted to question Rogers about his behavior the night of the stabbing and prior conduct and mental health issues, but the state wrote these factors “would not be material to a showing that Michell acted reasonably or that [Rogers] was the initial aggressor.”

Additionally, Rogers didn't witness the stabbing because Mitchell approached him from behind, the brief states. Regardless, the state argues, Mitchell's intent to defend others was already presented to the jury through other witnesses. 

The defense has argued in court filings and at trial that the conservator inserted himself into the case, including accusing him of working with the prosecution and denying access to the victim. 

The state had denied these claims, noting Robert Rogers was following his fiduciary duties as conservator when fighting the subpoena and other efforts. 

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Acquittal and double jeopardy

 Another issue raised in the state's brief is how the trial court violated the Mississippi Rules of Criminal Procedure by dismissing the indictment against Mitchell and entering an acquittal.

No rule of criminal procedure allows an indictment to be dismissed because a witness failed to appear, and acquittal isn't the proper remedy under the rules, the state argues. Instead, the valid remedies for a discovery violation are continuance or mistrial, which would have needed to have happened before a jury was sworn in and double jeopardy was in place. 

In its alternative remedy, the state asks the Court of Appeals to reverse and remand the trial court's and order a mistrial, which the state says would preserve its right to retry Mitchell. 

Former Mississippi Court of Appeals judge and Supreme Court Justice Oliver Diaz called acquittal an unusual position for a trial court and an example of how Judge Smith of the Union County court acted in a way that other trial courts don't tend to do. 

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He said the state may be asking the Court of Appeals to clarify the law and find that the judge ruled improperly, instead of seeking retrial and running into double jeopardy. 

“(A)ny judges in the future who consider this issue can know clearly and [it's] well stated by the court [that] you can't just order an acquittal if a victim doesn't show up,” he said. 

Crime victims' rights

Rogers and his conservator are asking the Court of Appeals to allow them to file an amicus curiae brief for the court to consider additional information, including victim's rights. 

A March 11 proposed amicus brief argues the trial judge's refusal to submit the case to the jury stripped Rogers of his constitutionally-protected rights as a victim. As of Thursday, the brief has not been approved. 

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Meg Garvin, executive director of the National Crime Victim Law Institute at Lewis & Clark College in Oregon, provided feedback to help craft the amicus brief. 

She said the Mississippi Constitution gives crime victims the right to be treated with fairness, dignity and respect, and just because those terms are broad, it doesn't mean they are empty. 

Mitchell's attorneys want the court to deny the amicus brief, citing a May 2023 Supreme Court order denying an emergency petition filed by the conservator to halt the trial court from filing a judgment of acquittal. In it, Justice Leslie King said the victim and conservator lack standing to contest the disposition of Mitchell's case, or any charge. 

Garvin said this highlights a misunderstanding about what victims' rights are. Victims asking for their rights to be protected doesn't make them a party. 

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She said it is possible for someone to exercise another's rights on their behalf, such as what happens for parents acting on behalf of their or on behalf of someone who is mentally incapacitated, including someone under a conservatorship. 

If Mitchell's case is upheld, it would be a sign that Mississippi victims' rights aren't meaningful or are being adequately considered, Garvin said. 

“The statement to the victim would be you actually don't have rights, you are just a piece of evidence in a case against someone else,” she said.

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

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