Mississippi Today
Big Companies Cashed In on Mississippi’s Water. Small Towns Paid the Price.
Sarah Fowler is reporting on the water crisis in Jackson, Miss., in the state where she was born and raised, as part of The Times’s Local Investigations Fellowship.
In winter 2021, more than 150,000 people living in Jackson, Miss., were left without running water.
Faucets were dry or dribbling a muddy brown. For weeks, people across the city lost the water they normally relied on to drink, cook and bathe. With no way to flush their toilets, some parents sent their children into the woods to relieve themselves. Businesses closed. Mississippi’s capital effectively shut down.
The following year, at the height of Mississippi’s sweltering summer in August 2022, it would all happen again.
Each time Jackson faced a water crisis, local and state leaders cast blame in familiar directions. Lawmakers criticized city officials for ignoring leaky pipes and failing to collect payments from customers. City officials pointed to Jackson’s shrinking population and decades of economic decline. And they said state officials, mostly white and Republican, had starved the mostly Black, Democratic city of resources.
But the final blow was delivered by Siemens, a giant German corporation that had swept into town in 2010, boldly promising to install modern water meters that would boost revenues and return Jackson’s water system to a moneymaking enterprise that could afford to fix its crumbling infrastructure.
Siemens, better known for building power plants and high-speed trains, failed to deliver on its promises. Jackson found itself with many meters that didn’t work and wildly inaccurate water bills it couldn’t collect.
Siemens returned the $90 million it had been paid for the project. But the damage was done. Jackson was out more than $450 million in fees and lost revenue. It had no way to repair failing equipment and aging pipes that left city water unsafe to drink and ultimately led to a federal takeover of the water system in December 2022.
The outlines of Siemens’s role in Jackson’s water issues were laid out publicly in 2019, when the city sued the company. But Jackson was not the only Mississippi city that fell victim to the promise of easy money.
A yearlong New York Times investigation, drawing on thousands of pages of government records and interviews with city officials across the state, reveals how Siemens and other corporations went from one small, cash-strapped town to the next making grand promises to modernize water systems and boost revenues. It also sheds new light on the involvement of a state agency that was supposed to vet the deals.
In town after town, salesmen lured city officials who had little expertise in water meters with gee-whiz technology and complicated cost-saving algorithms. They said the meters could be installed at no cost to taxpayers and offered cash-back guarantees.
Even when meters started failing in large numbers and cities complained they were on the verge of financial disaster, the companies kept selling their services.
For nearly a decade, three companies — Siemens; the Mississippi-based McNeil Rhoads, started by a former Siemens salesman, Chris McNeil; and the North Carolina water meter manufacturer Mueller — crisscrossed the state signing multimillion-dollar deals in cities desperate for money.
Mr. McNeil pitched most of the deals, first for Siemens, then for his own company. He claimed that Mueller’s “smart” meters would be so accurate and efficient they would more than pay for themselves. In accordance with state policy at the time, every project was reviewed by the Mississippi Development Authority, an agency run by executives appointed by the governor.
From 2009 to 2017, at least 10 Mississippi cities signed contracts with the companies to install smart meters or other new technology. All but one have reported problems, and at least four have sued to recoup money they paid to Siemens, McNeil Rhoads or Mueller. Three of those suits are still pending.
Siemens and McNeil Rhoads, competitors that pitched the projects and acted as project managers, hired contractors who installed many meters improperly, according to officials in Jackson, McComb and Moss Point. In some cities, the two companies also struggled to link meters to the home office or to merge a new billing system with an old one.
Officials in at least eight Mississippi cities said they had problems with Mueller’s smart meters, which sometimes didn’t measure accurately because of faulty parts or batteries that died sooner than promised. Water departments in other states, including California and Missouri, have reported similar problems with Mueller meters over the past decade.
McComb, a city of 12,000 people south of Jackson, signed the first Siemens water meter contract in Mississippi. Mayor Quordiniah N. Lockley, city manager at the time, said McComb agreed to pay the company $10 million to install 6,000 smart Master Meters.
But contract workers hired by Siemens put them in backward and missed deadlines to install the antennas that the meters needed to communicate with a central office, Mr. Lockley said. Then some customers saw their water bills hit as much as $1,000 per month, with no obvious explanation.
Mr. Lockley said he called a friend, whom he declined to name, on the Jackson City Council and warned him not to go forward with the developing Siemens deal there.
He said he had one message: “Run.”
“Just because they come in a suit and tie doesn’t mean they’re not selling snake oil,” Mr. Lockley said in an interview.
Even as lawsuits and complaints from customers mounted, the companies continued making the same promises, and state and city officials continued approving contracts.
Jackson ultimately signed a deal with Siemens to install Mueller meters, the largest contract in the city’s history. Officials in Cleveland, a small city in the Mississippi Delta, inked a deal with Siemens for Mueller meters as well. Columbus, Meridian and Moss Point — all largely Black cities of fewer than 35,000 people — hired McNeil Rhoads to install Mueller meters.
Officials in some of the cities say they have been financially crippled.
In a letter to the development authority and the state attorney general, Jamie Lee, the city attorney for Cleveland, wrote that hundreds of meters were malfunctioning and the issue “could lead Cleveland into a major financial deficit if not addressed immediately.” She asked for “the assistance of your two offices in achieving a resolution with Siemens.”
Ms. Lee said she never received a response.
In a statement that did not address complaints by other Mississippi cities, a Siemens spokeswoman, Annie Satow, said the company had invested significant work in Jackson to “help navigate persistent challenges outside the company’s control,” including “substantial assistance beyond contractual requirements” with the billing system.
“Siemens acted in good faith, worked cooperatively with city personnel and was transparent and responsive to oversight by the city’s administration and Department of Public Works,” she wrote.
Mayor Chokwe Antar Lumumba of Jackson said that while he couldn’t discuss the specifics of the deal, Siemens was not entirely to blame. Jackson, he said, willingly entered into a bad agreement. He declined to elaborate, and his office did not respond to repeated requests for an interview. Since the federal takeover, which came with an infusion of $600 million and a third-party manager to run the water system, leaks are being repaired and citywide boil-water notices have drastically diminished.
Mr. McNeil did not return numerous calls seeking comment. A Mueller spokesman and other executives did not respond to repeated calls and emails.
Records show that Siemens and Mueller made attempts to replace or repair some meters in the cities where problems arose, but the cites still lost money and some, including Jackson, McComb and Moss Point, had to pay to replace meters or other technology on their own.
Reached by phone, Glenn McCullough, executive director of the Mississippi Development Authority from 2015 to 2020, said he had not been aware of widespread problems with Siemens, McNeil Rhoads or Mueller. He referred questions to the agency’s spokeswoman, Tammy Craft, who declined to comment.
“We can’t speak on this any further, since no one involved in reviewing these contracts back-when is at M.D.A. anymore,” Ms. Craft wrote.
But she noted that in 2017, state lawmakers passed a bill ending M.D.A.’s oversight of such contracts.
A promising solution for an ailing system
At the time Jackson was considering a deal with Siemens, the water industry was in the midst of a major transition. New technologies had made it possible for sensors to more accurately measure water use. Smart meters could eliminate the need for meter readers to visit homes to calculate people’s water bills, a huge potential savings for utility departments.
Manufacturers, including Mueller, saw the technology as a critical part of their future. But only if they could convince municipal water departments it was worth spending millions of dollars to replace old equipment. In financial statements filed with the Securities and Exchange Commission in 2015, Mueller described water utilities as slow adopters of the technology because of installation costs.
The water industry found a solution in the growing effort to make public agencies and schools more energy-efficient.
As far back as the 1980s, the federal government had been supporting partnerships with private companies to retrofit buildings with more efficient equipment.
Under energy performance contracts, municipalities could borrow money and use it to hire private contractors to replace old light fixtures, air-conditioning units and other appliances. Savings from lower electric bills would then be used to pay off the debt, allowing cities to invest in improvements at no real cost to taxpayers.
The contracts had made Siemens tens of millions of dollars in Mississippi alone and allowed a financially struggling state to afford equipment upgrades that otherwise might have been out of reach.
Then, two years before Siemens pitched a plan to help Jackson fix its ailing water system, the Mississippi attorney general’s office issued an opinion that helped pave the way for even more ambitious projects.
In 2008, the office reviewed the state statute governing energy performance contracts and concluded that cities and school districts could use them to finance projects that conserved water, not just energy.
An opportunity ‘too good to pass up’
In 2009, a decade before Jackson officials sued Siemens over failed meters, the company signed its first water contract in the state in tiny McComb.
McComb had boomed as a railroad city in the 1870s, carved out of a dense pine forest about halfway between Jackson and New Orleans.
Today it resembles a lot of small Mississippi towns: Its shrinking population is almost 75 percent Black. One in three people live under the poverty line. A downtown resurgence has begun, but money for civic improvements is in short supply.
So when Siemens offered a way to fill city coffers through the water department, the opportunity seemed too good to pass up.
According to Mr. Lockley, Siemens told city officials they would be able to disconnect someone’s water with the touch of a button while sitting in their office. New smart meters would measure water use remotely and more accurately.
Siemens said the meters would boost revenues by more than $600,000 a year, sales materials show. And city officials believed McComb would be “one of the top water departments in the state,” Mr. Lockley recalled.
McComb paid Siemens to replace 6,000 water meters, but computer software glitches and delays in installing communication antennae left the city unable to monitor water usage remotely, Mr. Lockley said. Residents also began complaining of erroneous water bills.
When McComb tried to cancel the contract, Siemens sued and the case went to mediation. To get out of the contract, McComb agreed to pay for the meters already in the ground at a cost of $2 million to $3 million, Mr. Lockley said. Then the city hired another company to install software that allowed the meters to function.
Mr. Lockley said he has never spoken publicly about the settlement before because he signed a nondisclosure agreement.
“They tie your hands, say you can’t talk about the situation, and it just keeps happening,” Mr. Lockley said.
Jackson’s crippling ‘sweetheart deal’
Even as problems arose in McComb, Mr. McNeil used the city as a selling point to win new business for Siemens.
Mr. McNeil had been a local football standout in Petal, Miss., before becoming an offensive lineman at Mississippi State University in the early 2000s. He previously had secured a 15-year contract for Siemens to overhaul lighting, air-conditioning and traffic lights throughout Jackson.
He and a fellow salesman, Dusty Rhoads, the son of the mayor of nearby Flowood, traveled the state, pitching similar contracts to financially strapped towns. They eventually left Siemens and started their own company, McNeil Rhoads, signing smart meter contracts with at least six cities.
When pitching to Cleveland, Mr. McNeil, representing Siemens, noted the McComb contract in a sales presentation, city records show. Savings were “guaranteed,” his slide show said. If they fell short, “we will write you a check for the difference.” The statement was followed by eight exclamation points.
In September 2010, Mr. McNeil sent the first in a series of emails to the Public Works Department in Jackson. He had a plan to replace the city’s water meters and make critical repairs to its infrastructure. The project would create jobs, he promised, and the new meters would cover the cost of installation — or else the company would.
Mr. McNeil pursued Jackson officials for two years and backed up his cost-saving claims with a Siemens-funded study of the meters. All of this, he said, had already been done down the road in McComb.
By the end of 2012, Jackson was on the verge of signing a $90 million deal that the city would later estimate cost it $450 million in expenses and lost revenues.
Based on an email Mr. McNeil sent to Jackson’s public works director then, Dan Gaillet, at least one Jackson official was aware of the project in McComb. But Mr. Lockley said no one called him about it and his warning was ignored.
Problems emerged just weeks into the Jackson project. A politically connected subcontractor, hired by Siemens at the recommendation of city officials, had installed some meters improperly, and later, there were communication errors between the meters and receivers. Some meters showed customers not using any water, while others got huge bills that city officials said were implausible.
Unable to calculate realistic bills, Jackson officials stopped collecting from thousands of customers.
The loss of revenue exacerbated years of neglect and poor decision-making and left the water department in dire financial straits and residents facing a near continuous string of boil-water notices. City officials would later accuse subcontractors involved with the project of contributing to the problems, something they deny.
A former Jackson councilman, Melvin Priester, was elected after the city had signed the deal but before groundbreaking had begun. He voiced his objections but was in the minority.
Siemens got a “sweetheart deal,” Mr. Priester told The Times, but “when you are in bad straits like the City of Jackson is now and was in 2013, all of your options are bad deals.”
Calls for help went unanswered
The Mississippi Development Authority, which greenlit the project, was created in 2000 as an economic engine for the state. It directs tax credits to attract companies and gives out millions of dollars in grants to spur revitalization efforts.
As far back as 2010, it also played a role in reducing local energy and water use.
If a city wanted to borrow against future savings for a retrofit project, it had to submit a request to the development authority. State law required the authority to review and approve each contract to “assure that entities can rely upon projected and guaranteed energy savings,” according to policies that were in effect until 2017.
The reviews, conducted by licensed engineers outside the authority, were seen as a critical backstop by city officials, who often lacked the expertise or resources to verify companies’ promises.
“M.D.A. legitimized it,” said Amy St. Pe’, Moss Point’s city attorney, who is suing McNeil Rhoads and Mueller. “Any doubts that we had, when we saw that M.D.A. was backing the program, we felt that it had to be good for the city.”
During a sales pitch, Mr. McNeil cited the agency’s approval process to dispel naysayers in Harrison County, a Gulf Coast community that was considering a project with his company. At a September 2014 meeting, the board of supervisors worried that the county could be left millions in debt if the savings didn’t pan out, according to an article in The Biloxi Sun Herald. Mr. McNeil responded by saying the project was “100 percent regulated by the Mississippi Development Authority,” and the board voted unanimously in favor.
Records show the agency often engaged in back-and-forth with cities seeking approval of the contracts. No application prompted more scrutiny than Jackson’s.
When the development authority reviewed Siemens’s proposal, it raised more than 200 questions, asking how the work being described could possibly save the city money. Mayor Harvey Johnson Jr. sent a 19-page reply that answered and largely dismissed those concerns. One week later, in March 2013, the agency signed off on the contract.
From 2009 to 2017, at least 12 cities pursued energy performance contracts that the agency reviewed, a number of them involving water projects.
Companies pitching the work came up with predicted cost savings using their own methods, records show. Siemens’s estimate, for example, depended largely on how much more accurate new meters would be than old meters. But nowhere in the state’s analysis did engineers ask Siemens or the other companies to prove their calculations.
In a review of hundreds of pages of correspondence between the agency and local officials, The Times did not find a single instance when state officials passed on information about problems cities were experiencing with Siemens, McNeil Rhoads or Mueller.
In fact, when cities directly reported problems and begged the agency for help, they found themselves on their own.
Ms. Lee, the Cleveland city attorney, said she, the mayor and at least two aldermen sought guidance from the agency to no avail.
Ms. Lee wrote her letter in May 2018. A year later, in August 2019, when the city was already embroiled in a lawsuit with Siemens and Mueller, Alderman Gary Gainspoletti sent another letter, pleading with officials as the city was trying to “stop the bleeding.”
An agency official acknowledged receipt, but help never came.
Mr. McCullough, the agency’s executive director at the time, said, “I don’t recall seeing any document regarding defective water meters coming to my desk.”
Warning signs emerge nationwide
For years as companies installed Mueller meters across Mississippi, the meter manufacturer was aware of problems with its products in other states, including California and Missouri.
In 2012, the same year Cleveland was putting faulty water meters in the ground and Jackson was signing its contract, Mueller alerted a water authority in Missouri that some meters had defective magnets that would break, preventing them from recording water consumption, according to a regulatory report. The water authority returned the meters to Mueller for repair.
Years later, a federal class action lawsuit filed in New York by a Mueller shareholder alleged that executives had “misled the investing public” by not being honest about the failure rate of smart meters. The suit was dismissed in 2020, but sworn statements by three confidential informants suggested that Mueller was struggling with high failure rates as early as 2013.
That is when San Diego officials realized that a connection problem was preventing many of the meters from recording data, according to one of the witnesses, described in the suit as a regional manager for Mueller. Residents complained for years of abnormally high bills. The same issues would arise in Jackson and other Mississippi cities.
The suit also pointed out problems that year in Missouri. Mueller replaced nearly 80 percent of water meters in Chillicothe after moisture was found in parts that were supposed to be dry. By 2019, because of battery issues, the replacement meters had a failure rate of 89 percent.
The largest investigation into Mueller by a public utility would unfold in the state. From 2012 to 2015, Missouri American Water installed thousands of Mueller meters. Regulators reported that the meters had “several different kinds of defects,” leading to inaccurate readings or none at all. In August 2015, the utility began a costly campaign to replace 24,000 of the nearly 100,000 that had been installed.
All the while, Mueller was touting its smart meters as a critical driver of growth and telling investors that municipal governments would increasingly seek out the new technology.
‘They preyed on disadvantaged cities’
Mr. McNeil continued to push Mueller meters. After winning Siemens the Jackson contract, he started his own company and used the meters in energy performance contracts he landed across Mississippi — in Columbus, Gautier, Grenada, Meridian, Moss Point and Tupelo.
Seven years after signing in 2014, Columbus Light and Water Department reported excessive failure rates and began pressing Mueller to make good on an extended warranty it had promised. Early on, the company was responsive, answering emails and sending a batch of parts, according to department records. But when complaints continued, Mueller employees stopped answering the department’s questions, said Mike Bernsen, the utility’s interim general manager in 2021.
“We played it through the channels as far as we could.” Mr. Bernsen said.
Frustrations with getting Mueller officials to respond continued into 2022, emails show. In a series of emails early that year, department officials asked Mueller for a meeting to discuss the increasing number of failing meters, but after weeks without an answer, they concluded the company was avoiding them.
Moss Point, signing with McNeil Rhoads in 2017, discovered problems almost immediately, according to Ms. St. Pe’, the city attorney. Residents’ bills were improbably high, and Mueller initially offered batches of replacement devices.
But then, once the city filed suit, the company claimed it was under no obligation to replace the meters because the city had bought them from McNeil Rhoads, not directly from Mueller. Mueller stopped responding and McNeil Rhoads went out of business, leaving Moss Point with little financial recourse, Ms. St. Pe’ said.
“McNeil Rhoades is who convinced us to purchase these water meters,” she said. “I feel like they preyed on disadvantaged cities, predominantly African American cities.”
Out of the six known cities that hired McNeil Rhoads, four are majority Black.
Mueller may have stopped replying to Columbus and Moss Point, but a sales representative, John Flynn, was still pushing updated meters in Tupelo last June.
In an email to Chris Lewis, the local utility’s superintendent, he asked if the city wanted to “try some of our new meters.” Mr. Lewis said he would take five. Mr. Flynn said they come eight to a box.
Mr. Lewis responded: “Perfect!”
Irene Casado Sanchez contributed reporting. This article was reported in partnership with Big Local News at Stanford University.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
IHL deletes the word ‘diversity’ from its policies
The governing board of Mississippi’s public universities voted Thursday to delete the word “diversity” from several policies, including a requirement that the board evaluate university presidents on campus diversity outcomes.
Though the Legislature has not passed a bill targeting diversity, equity and inclusion initiatives in higher education, the Institutions of Higher Learning Board of Trustees approved the changes “in order to ensure continued compliance with state and federal law,” according to the board book.
The move comes on the heels of the re-election of former President Donald Trump and after several universities in Mississippi have renamed their diversity offices. Earlier this year, the IHL board approved changes to the University of Southern Mississippi’s mission and vision statements that removed the words “diverse” and “inclusiveness.”
In an email, John Sewell, IHL’s communications director, did not respond to several questions about the policy changes but wrote that the board’s goal was to “reinforce our commitment to ensuring students have access to the best education possible, supported by world-class faculty and staff.”
“The end goal is to support all students, and to make sure they graduate fully prepared to enter the workforce, hopefully in Mississippi,” Sewell added.
On Thursday, trustees approved the changes without discussion after a first reading by Harold Pizzetta, the associate commissioner for legal affairs and risk management. But Sewell wrote in an email that the board discussed the policy amendments in open session two months ago during its retreat in Meridian, more than an hour away from the board’s normal meeting location in Jackson.
IHL often uses these retreats, which unlike its regular board meetings aren’t livestreamed and are rarely attended by members of the public outside of the occasional reporter, to discuss potentially controversial policy changes.
Last year, the board had a spirited discussion about a policy change that would have increased its oversight of off-campus programs during its retreat at the White House Hotel in Biloxi. In 2022, during a retreat that also took place in Meridian, trustees discussed changing the board’s tenure policies. At both retreats, a Mississippi Today reporter was the only member of the public to witness the discussions.
The changes to IHL’s diversity policy echo a shift, particularly at colleges and universities in conservative states, from concepts like diversity in favor of “access” and “opportunity.” In higher education, the term “diversity, equity and inclusion” has traditionally referred to a range of efforts to comply with civil rights laws and foster a sense of on-campus belonging among minority populations.
But in recent years, conservative politicians have contended that DEI programs are wasteful spending and racist. A bill to ban state funding for DEI in Mississippi died earlier this year, but at least 10 other states have passed laws seeking to end or restrict such initiatives at state agencies, including publicly funded universities, according to ABC News.
In Mississippi, the word “diversity” first appeared in IHL’s policies in 1998. The diversity statement was adopted in 2005 and amended in 2013.
The board’s vote on Thursday turned the diversity statement, which was deleted in its entirety, into a “statement on higher education access and success” according to the board book.
“One of the strengths of Mississippi is the diversity of its people,” the diversity statement read. “This diversity enriches higher education and contributes to the capacity that our students develop for living in a multicultural and interdependent world.”
Significantly, the diversity statement required the IHL board to evaluate the university presidents and the higher learning commissioner on diversity outcomes.
The statement also included system-wide goals — some of which it is unclear if the board has achieved — to increase the enrollment and graduation rates of minority students, employ more underrepresented faculty, staff and administrators, and increase the use of minority-owned contractors and vendors.
Sewell did not respond to questions about if IHL has met those goals or if the board will continue to evaluate presidents on diversity outcomes.
In the new policy, those requirements were replaced with two paragraphs about the importance of respectful dialogue on campus and access to higher education for all Mississippians.
“We encourage all members of the academic community to engage in respectful, meaningful discourse with the aim of promoting critical thinking in the pursuit of knowledge, a deeper understanding of the human condition, and the development of character,” the new policy reads. “All students should be supported in their educational journey through programming and services designed to have a positive effect on their individual academic performance, retention, and graduation.”
Also excised was a policy that listed common characteristics of universities in Mississippi, including “a commitment to ethnic and gender diversity,” among others. Another policy on institutional scholarships was also edited to remove a clause that required such programs to “promote diversity.”
“IHL is committed to higher education access and success among all populations to assist the state of Mississippi in meeting its enrollment and degree completion goals, as well as building a highly-skilled workforce,” the institutional scholarship policy now reads.
The board also approved a change that requires the universities to review their institutional mission statements on an annual basis.
A policy on “planning principles” will continue to include the word “diverse,” and a policy that states the presidential search advisory committees will “be representative in terms of diversity” was left unchanged.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Closed St. Dominic’s mental health beds to reopen in December under new management
The shuttered St. Dominic’s mental health unit will reopen under the management of a for-profit, Texas-based company next month.
Oceans Behavioral Hospital Jackson, a 77-bed facility, will provide inpatient behavioral health services to adults and seniors and add intensive outpatient treatment services next year.
“Jackson continuously ranks as one of the cities for our company that shows one of the greatest needs in terms of behavioral health,” Oceans Healthcare CEO Stuart Archer told Mississippi Today at a ribbon cutting ceremony at its location on St. Dominic’s campus Thursday. “…There’s been an outcry for high quality care.”
St. Dominic’s 83-bed mental health unit closed suddenly in June 2023, citing “substantial financial challenges.”
Merit Health Central, which operates a 71-bed psychiatric health hospital unit in Jackson, sued Oceans in March, arguing that the new hospital violated the law by using a workaround to avoid a State Health Department requirement that the hospital spend at least 17% of its gross patient revenue on indigent and charity care.
Without a required threshold for this care, Merit Health Central will shoulder the burden of treating more non-paying patients, the hospital in South Jackson argued.
The suit, which also names St. Dominic’s Hospital and the Mississippi Department of Health as defendants, awaits a ruling from Hinds County Chancery Court Judge Tametrice Hodges-Linzey next year.
The complaint does not bar Oceans from moving forward with its plans to reopen, said Archer.
Oceans operates two other mental health facilities in Mississippi and over 30 other locations in Louisiana, Oklahoma and Texas.
“Oceans is very important to the Coast, to Tupelo, and it’s important right here in this building. It’s part of the state of Mississippi’s response to making sure people receive adequate mental health care in Mississippi,” said Lt. Governor Delbert Hosemann at the Nov. 21 ribbon cutting.
Some community leaders have been critical of the facility.
“Oceans plans to duplicate existing services available to insured patients while ignoring the underserved and indigent population in need,” wrote Hinds County Sheriff Tyree Jones in an Oct. 1 letter provided to Mississippi Today by Merit Health.
Massachusetts-based Webster Equity Partners, a private-equity firm with a number of investments in health care, bought Oceans in 2022. St. Dominic’s is owned by Louisiana-based Catholic nonprofit Franciscan Missionaries of Our Lady Health System.
Oceans first filed a “certificate of need” application to reopen the St. Dominic’s mental health unit in October 2023.
Mississippi’s certificate of need law requires medical facilities to receive approval from the state before opening a new health care center to demonstrate there is a need for its services.
The Department of Health approved the application under the condition that the hospital spend at least 17% of its patient revenue on free or low-cost medical care for low-income individuals – far more than the two percent it proposed.
Oceans projected in its application that the hospital’s profit would equal $2.6 million in its third year, and it would spend $341,103 on charity care.
Merit Health contested the conditional approval, arguing that because its mental health unit provides 22% charity care, Oceans providing less would have a “significant adverse effect” on Merit by diverting more patients without insurance or unable to pay for care to its beds.
Oceans and St. Dominic’s also opposed the state’s charity care condition, arguing that 17% was an unreasonable figure.
But before a public hearing could be held on the matter, Oceans and St. Dominic’s filed for a “change of ownership,” bypassing the certificate of need process entirely. The state approved the application 11 days later.
Merit Health Central then sued Oceans, St. Dominic and the State Department of Health, seeking to nullify the change of ownership.
“The (change of ownership) filing and DOH approval … are nothing more than an ‘end run’ around CON law,” wrote Merit Health in the complaint.
Oceans, St. Dominic’s and the Mississippi Department of Health have filed motions to dismiss the case.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
How Mississippi’s Supreme Court Runoff Election Could Impact Criminal Cases
Mississippi voters have dealt defeat to one conservative state Supreme Court justice and forced a moderate justice into a Nov. 26 runoff, with the final outcome possibly making the court more open to considering the rights of criminal defendants.
The nine-member court is largely conservative but justices have recently split in high-profile decisions that sharply affected state politics, including a ruling that shut down citizen-led ballot initiatives in Mississippi and allowed some state control over local criminal cases in its majority-Black capital. The court has also rendered rulings that have made the state increasingly unfavorable to defendants appealing their cases.
“The ability of death row inmates in particular, and inmates in general, to access the courts has been recently curtailed significantly,” Matthew Steffey, a professor at Mississippi College School of Law, told The Marshall Project – Jackson and Bolts following the Nov. 5 election.
Justice Dawn H. Beam joined the majority in those decisions, acquiring a reputation of being hostile to appeals by criminal defendants, and she ran for reelection this fall as the Republican Party’s favored candidate. However, she lost in the state’s 2nd District on Nov. 5 to David P. Sullivan, a defense attorney who has worked as a public defender.
Judicial races in Mississippi are nonpartisan and Sullivan has given few explicit signals about his judicial outlook. He has supported at least some criminal justice reforms and would be the third justice with experience as a defense attorney on this court. Some reformers nationwide have pushed for more professional diversity on the bench.
Even if Sullivan turns out to be more centrist or independent than Beam on criminal law, any overall shift in power on the court depends on the outcome of a runoff election next week.
Two-term Justice Jim Kitchens and challenger Jenifer B. Branning will face each other in the Nov. 26 runoff election after neither won more than 50% of the vote on Nov. 5. The runoff will take place across the 22 counties that make up the Supreme Court’s central district, including Hinds County, home to Jackson. Throughout the campaign, the state GOP targeted Kitchens with attacks, while Branning, a Republican state senator with a conservative voting record, is endorsed by the party.
Kitchens is one of two reliably moderate-to-liberal high court justices. Justices from among an additional group of four sometimes veer away from the majority, as well, but can be more unpredictable, and this group does not vote as a bloc.
Quinn Yeargain, a Michigan State University law professor who closely watches state courts, recently analyzed the court’s voting patterns and found Beam was consistently more conservative than Kitchens in recent cases. Yeargain told The Marshall Project – Jackson and Bolts that conservative and liberal voters often have few signals about how to select a candidate in judicial races. “It’s very hard to label the justices,” they said.
Sullivan — whose father was a Mississippi Supreme Court justice from 1984 to 2000 — called himself a “conservative” throughout his campaign. But he has also touted the value of judicial independence and criticized Beam for campaigning on her endorsement by the state Republican Party.
“I think that rubbed a lot of people the wrong way,” Sullivan told the Sun Herald newspaper, speaking of Beam’s use of the endorsement. “Judicial races are nonpartisan for a reason. A judge’s impartiality could be called into question.”
Sullivan has broad legal experience, but much of his career has focused on private criminal defense while also doing some public defense work. He told The Marshall Project – Jackson and Mississippi Today that he supported a new administrative rule handed down in 2023 by the state Supreme Court to require continuous legal representation for poor criminal defendants from the beginning of their cases. An investigation by The Marshall Project, ProPublica and the Northeast Mississippi Daily Journal last year found, however, that many courts were unready at the time to implement the new representation rules.
During the campaign, Sullivan told The Marshall Project – Jackson and Mississippi Today that more work is needed to improve public defense.
Kitchens has also advocated for public defense reforms during his two terms on the court. He told a committee of legislators last year that the “playing field is far from level” between prosecutors and poor defendants.
On other criminal justice issues, he has sometimes dissented from opinions upholding death sentences. His decisions have scrutinized prosecutorial conduct and inadequate legal representation.
Branning, the Republican senator, has a voting record on criminal justice issues that suggests a harsher approach toward criminal defendants. She has supported higher mandatory minimum sentences and reclassifying misdemeanors as felonies, has opposed expansion of parole and was among only a few lawmakers who voted against legalizing medical marijuana.
She also supported increasing the jurisdiction of a controversial, state-run police force inside the majority-Black city of Jackson as well as increasing state control over many felony cases in Jackson. The Supreme Court unanimously curtailed much state power over these felony cases, but a majority left some control intact, with Kitchens and another judge dissenting.
Branning did not respond to questions from The Marshall Project – Jackson and Mississippi Today during the Nov. 5 campaign about her possible judicial outlook.
Kitchens was a prosecutor and then in private practice before joining the bench. Branning is a practicing attorney who typically handles civil cases.
The winner of the Nov. 26 runoff will join Sullivan on a court that in recent years has been restricting the ability of people who say the legal system has wronged them to seek relief, legal experts told The Marshall Project – Jackson and Bolts this month.
Krissy Nobile, director of the state’s Office of Capital Post-Conviction Counsel, said it’s become “increasingly more difficult to correct a wrongful conviction.” Her office provides legal counsel for indigent people on death row.
She said a number of recent cases showed the barriers the high court has erected for criminal defendants appealing their convictions, and demonstrated indifference to civil rights violations. Kitchens disagreed with the majority, in full or in part, in all but one of the appeals, which the court unanimously denied.
In a case earlier this year, the Court ruled to monetarily fine an incarcerated person for filing any future post-conviction relief petitions that lacked merit. Kitchens joined a dissenting opinion condemning the fine. In another, the court denied a man who argued that his lawyers were ineffective and that they did not challenge prosecutorial misconduct or false forensic evidence presented by a medical examiner with a checkered past. The court’s majority denied the motion, and in the process, overturned a precedent that allowed ineffective counsel as an adequate reason to give a case another look in some types of appeals. Kitchens dissented, along with two other justices.
“For decades in Mississippi, the Court held that it would correct errors if there was a violation (of) a person’s fundamental rights,” Nobile said. But she added this has changed considerably. Now, if you land a terrible lawyer who rushes your case, “You are out of luck,” she said, “even if your core constitutional rights have been clearly violated.”
For the court’s majority, Nobile added, “The legal technicalities now trump a person’s constitutional rights.”
The runoff is the nation’s final supreme court race of the year. Thirty-two states held elections for their high courts earlier this year, resulting in a muddled picture, with liberals and conservatives each gaining ground in different places, Bolts reports.
Mississippi’s runoff outcome will heavily depend on turnout and the composition of the electorate. In the Supreme Court’s central district, voters split narrowly between Democrat Kamala Harris and Republican Donald Trump in the presidential election on Nov. 5, but the runoff is just two days before Thanksgiving and will likely see a large dropoff in turnout. Branning received 42% of the vote in the first round, and Kitchens received 36%, with three other candidates making up the rest.
There will also be a runoff the same day in the Gulf Coast area between Amy Lassiter St. Pé and Jennifer Schloegel for an open seat on the state Court of Appeals. The Court of Appeals hears both criminal and civil cases that have been appealed from lower courts. The Mississippi Supreme Court can hear cases directly on appeal or can assign cases to the Court of Appeals.
Observers agreed that against the national legal backdrop, neither a Kitchens victory nor a Branning victory would lead to a seismic change since neither outcome would flip the court’s conservative lean. Still, a modest shift could impact some of the most controversial cases, such as a rare 5-4 decision that upheld the death sentence in Willie Manning’s case.
A Kitchens win, coupled with Sullivan’s upset earlier this month, would deal the Republican Party rare setbacks in a state where it has been dominant and could put moderate forces in a position to grow their numbers further in future elections.
“You might end up with a normal conservative court,” law professor Yeargain said, “instead of one of the most conservative courts in the country.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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