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Jackson lawmakers ‘shocked’ after Henifin backs bill depleting local power

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Just over a year into his uniquely powerful role reviving Jackson’s water infrastructure, third-party manager Ted Henifin is supporting an effort to leave the city without any future control of its water and sewer assets.

Sen. David Parker, R-Olive Branch, authored Senate Bill 2628, a renewed attempt to place the capital city’s water and sewer infrastructure under the control of a “Capitol Region Utility Authority.” The measure passed out of its Senate committee last week.

Parker in last year’s session filed a similar bill, which Henifin, along with Jackson’s legislative delegation and city officials, criticized as a power grab by the state. That bill failed in the House.

But in a Feb. 23 press release, Henifin seemingly flipped his narrative on the state’s efforts by giving his support for SB 2628.

“After reviewing SB 2628, I believe this is a great foundation,” Henifin said in a Feb. 23 press release. “It appears that many of the comments I provided during the last session regarding the bill introduced in 2023 were taken to heart and this bill now includes many of the suggestions I made at that time.”

Empowered by U.S. District Judge Henry Wingate, Henifin’s primary role is to use about $800 million in federal funding to stabilize Jackson’s water and, as of last fall, sewer systems. But the 2022 court order that hired Henifin also asked him to suggest a future governance structure for the water system after his time in charge ends.

While Henifin has yet to make an official recommendation to the court, he last year brought up an idea of creating a corporate nonprofit, similar to what’s proposed in SB 2628, but also keeping ownership of the water assets with the city.

While the two versions of the Parker bill are largely similar, the 2024 version strips all power from Jackson city officials to have any say in how their water and sewer systems are run. In the 2023 measure, the newly created utility authority would be governed by a nine-person board. Five appointees would have came from the governor and lieutenant governor, outnumbering the four that would have came from the mayor of Jackson.

While that version left the city with a minority of the board appointments, the 2024 measure goes even further: SB 2628 would give five appointees to the governor, and the remaining four to the lieutenant governor. That would leave who controls a city service in a majority Black, largely Democratic city in the hands of two white Republicans.

Mississippi Today reached out to Henifin asking whether he had any concern with the lack of local power being proposed in the Parker bill. The third-party manager responded via e-mail that he has “no dog in the appointment fight.”

“I am agnostic as to who appoints the board,” Henifin said. “The important thing to me is the board seats remain as defined along with the various requirements of all board members — ratepayers connected to the system, no elected officials, etc.”

But state officials representing Jackson were far from pleased with his support of the bill.

Sen. John Horhn, D-Jackson, told Mississippi Today that no one from the Jackson delegation even knew about Parker’s bill until it was introduced at last week’s Senate committee meeting. Horhn also said he met with Henifin earlier this week.

“We met with Mr. Henifin this week to express our dismay with the position that we’ve been put into by his comments,” Horhn said, explaining that Henifin’s support of the bill gives its proponents extra ammunition to argue for it.

On top of the city having no elected officials in charge of the proposed authority, the bill would also allow the authority to purchase the physical assets from Jackson at a “fair market value,” as determined by the federal court.

“It’s disrespectful,” Rep. Chris Bell, D-Jackson, said of the bill. “I’m going to do everything I can to try to kill the bill on (the House’s) side if it gets here.”

Bell explained that the bill would “dilute” the power of Jackson residents in governing their own utilities. The position from Henifin, who has emphasized building trust with residents as a key to his success, left Bell shocked, he added.

“I was shocked, dismayed, and really left speechless,” the lawmaker said. “That’s what I’m more disappointed about than anything, is before he made those statements he should have talked to the (Jackson) delegation first.”

Horhn added that the repeated attempts by the state to remove power from Jackson officials begs the question: Why have a city government in the first place?

“We saw it with the airport, we saw it with the 1% sales tax, we saw it with the Capitol Complex Improvement District, we saw it with the Capitol Police, and we’re seeing it now with the water and wastewater,” Horhn said. “At some point, the city of Jackson won’t have any governing it’ll be doing at all.”

Under SB 2628, the city’s water, wastewater and storm water systems would be governed by the nine-person board, which would consult with the federal court to pick a president that would handle administrative tasks, such as hiring personnel, dealing with the infrastructure. The president would work “at the will and pleasure of the board.”

The governor’s five board appointees would have to include:

  • one employee of a large nonhealthcare business with at least 200 employees working within the service area.
  • an owner of a restaurant in the service area.
  • an employee of a nonprofit within the service area.
  • a member of the clergy leading a place of worship within the service area.
  • and an at-large appointee who lives or works in the service area.

The lieutenant governor’s four appointees must include:

  • a small business owner whose primary location is in the service area.
  • an employee of a large health care facility in the service area.
  • an employee of a post-secondary institution in the service area.
  • and an at-large appointee who lives or works in the service area.

Henifin said there were a few changes to Parker’s proposal that earned his support this session: requiring the president to serve as the third-party manager’s deputy until Wingate relieves Henifin of his duties; maintaining Henifin and the court’s control of federal money received so far; adding specifications as to who can be on the board; and defining the authority’s customers as those connected to the Jackson systems as of July 1, 2024.

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

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On this day in 1961

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mississippitoday.org – Jerry Mitchell – 2024-11-22 07:00:00

Nov. 22, 1961

Credit: Courtesy: Georgia Tourism & Travel

Five Black students, made up of NAACP Youth Council members and two SNCC volunteers from Albany State College, were arrested after entering the white waiting room of the Trailways station in Albany, Georgia. 

The council members bonded out of jail, but the SNCC volunteers, Bertha Gober and Blanton Hall declined bail and “chose to remain in jail over the holidays to dramatize their demand for justice,” according to SNCC Digital Gateway. The president of Albany State College expelled them. 

Gober became one of SNCC’s Freedom Singers and wrote the song, “We’ll Never Turn Back,” after the 1961 killing of Herbert Lee in Mississippi. The tune became SNCC’s anthem. 

After her release from jail, Gober joined other students, and police arrested her and other demonstrators. Back in the same jail, she sang to the police chief and mayor to open the cells, “I hear God’s children praying in jail, ‘Freedom, freedom, freedom.’” 

Albany State suspended another student, Bernice Reagon, after she joined SNCC. She poured herself into the civil rights movement and later formed the Grammy-nominated a cappella group Sweet Honey in the Rock to educate and empower the audience and community. 

“When I opened my mouth and began to sing, there was a force and power within myself I had never heard before,” a power she said she did not know she had. 

Other members of the Freedom Singers included Cordell Reagon, Bernice Johnson, Dorothy Vallis, Rutha Harris, Bernard Lafayette and Charles Neblett. On the third anniversary of the sit-in movement in 1963, they performed at Carnegie Hall. 

“This is a singing movement,” SNCC leader James Forman told a reporter. “The songs help. Without them, it would be ugly.” 

Today, the Albany Civil Rights Institute houses exhibits on these protesters, Martin Luther King Jr. and others who joined the Albany Movement.

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

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IHL deletes the word ‘diversity’ from its policies

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mississippitoday.org – Molly Minta – 2024-11-21 14:32:00

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.

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Closed St. Dominic’s mental health beds to reopen in December under new management

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mississippitoday.org – Gwen Dilworth – 2024-11-21 13:54:00

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.

A hallway inside Oceans Behavioral Hospital in Jackson, Miss., is seen on Thursday, Nov. 21, 2024, during the facility’s grand opening. Credit: Eric Shelton/Mississippi Today

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. 

Stuart Archer, CEO of Oceans Healthcare, speaks during the grand opening of Oceans Behavioral Hospital in Jackson, Miss., on Thursday, Nov. 21, 2024. Credit: Eric Shelton/Mississippi Today

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.

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