Mississippi Today
DOJ order details third-party role over Jackson water, feds file new complaint
DOJ order details third-party role over Jackson water, feds file new complaint
The U.S. Department of Justice announced Tuesday that it filed the interim proposal for overseeing Jackson's water system, which the city council approved on Nov. 17, making the agreement available to the public.
The parties await a federal court's approval before the agreement, which is set to last a year, takes effect. The DOJ also filed a new complaint against the city for its inability to comply with previous enforcement from the Environmental Protection Agency.
The order names Ted Henifin as Jackson's interim third-party manager. Henifin, a senior fellow at the nonprofit U.S. Water Alliance, managed the Hampton Roads Sanitation District in Virginia Beach from 2006 until 2022, overseeing the city's sewer system.
The goal of the interim agreement, according to the order, is to stabilize Jackson's water system while the city and federal government look at long-term solutions, through litigation or a consent decree.
Henifin's job, as the order lays out, will be to "operate, maintain, and control" the water system in compliance with the Safe Drinking Water Act, as well as to make capital improvements, including 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 state 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.
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 mayor to put the change before the city council. But even if the city council doesn't approve the rate change, the order gives the third-party manager the authority to change the rates anyway, as long as it's been more than a year since the last rate adjustment. City officials last raised rates in December 2021.
Under the order, the third-party manager does not have the authority to consolidate, or regionalize, Jackson's water system, or allow another governing body to operate the system.
The agreement also stipulates that documents in the third-party manager's possession are not subject to public records laws because it is not a federal, state or local agency. The order does require the manager to make a website to inform the public with status reports, requests for proposals, and quarterly updates.
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:
- Operations and management contract
- Winterization of both treatment plants
- Corrosion control
- Implement an alternative water source plan
- Distribution system study, analysis and implementation, including replacing water lines, prioritizing any lead lines found
- System stabilization plan, including a sustainable revenue model
- SCADA system improvements, including sensors, actuators
- Assess and repair chemical systems at plants and wells
- Chlorine system improvements at O.B. Curtis
- Intake structure repairs
- Restore redundancy at treatment facilities, including pumps
- Sludge assessment and removal at water storage facilities
- 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."
Reeves also announced that he authorized MEMA to commit $240,000 from the state's Disaster Mitigation Fund "as a bridge" to help 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.
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.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
On this day in 1997
Dec. 22, 1997
The Mississippi Supreme Court upheld the conviction of white supremacist Byron De La Beckwith for the 1963 murder of Medgar Evers.
In the court’s 4–2 decision, Justice Mike Mills praised efforts “to squeeze justice out of the harm caused by a furtive explosion which erupted from dark bushes on a June night in Jackson, Mississippi.”
He wrote that Beckwith’s constitutional right to a speedy trial had not been denied. His “complicity with the Sovereignty Commission’s involvement in the prior trials contributed to the delay.”
The decision did more than ensure that Beckwith would stay behind bars. The conviction helped clear the way for other prosecutions of unpunished killings from the Civil Rights Era.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Medicaid expansion tracker approaches $1 billion loss for Mississippi
About the time people ring in the new year next week, the digital tracker on Mississippi Today’s homepage tabulating the amount of money the state is losing by not expanding Medicaid will hit $1 billion.
The state has lost $1 billion not since the start of the quickly departing 2024 but since the beginning of the state’s fiscal year on July 1.
Some who oppose Medicaid expansion say the digital tracker is flawed.
During an October news conference, when state Auditor Shad White unveiled details of his $2 million study seeking ways to cut state government spending, he said he did not look at Medicaid expansion as a method to save money or grow state revenue.
“I think that (Mississippi Today) calculator is wrong,” White said. “… I don’t think that takes into account how many people are going to be moved off the federal health care exchange where their health care is paid for fully by the federal government and moved onto Medicaid.”
White is not the only Mississippi politician who has expressed concern that if Medicaid expansion were enacted, thousands of people would lose their insurance on the exchange and be forced to enroll in Medicaid for health care coverage.
Mississippi Today’s projections used for the tracker are based on studies conducted by the Institutions of Higher Learning University Research Center. Granted, there are a lot of variables in the study that are inexact. It is impossible to say, for example, how many people will get sick and need health care, thus increasing the cost of Medicaid expansion. But is reasonable that the projections of the University Research Center are in the ballpark of being accurate and close to other studies conducted by health care experts.
White and others are correct that Mississippi Today’s calculator does not take into account money flowing into the state for people covered on the health care exchange. But that money does not go to the state; it goes to insurance companies that, granted, use that money to reimburse Mississippians for providing health care. But at least a portion of the money goes to out-of-state insurance companies as profits.
Both Medicaid expansion and the health care exchange are part of the Affordable Care Act. Under Medicaid expansion people earning up to $20,120 annually can sign up for Medicaid and the federal government will pay the bulk of the cost. Mississippi is one of 10 states that have not opted into Medicaid expansion.
People making more than $14,580 annually can garner private insurance through the health insurance exchanges, and people below certain income levels can receive help from the federal government in paying for that coverage.
During the COVID-19 pandemic, legislation championed and signed into law by President Joe Biden significantly increased the federal subsidies provided to people receiving insurance on the exchange. Those increased subsidies led to many Mississippians — desperate for health care — turning to the exchange for help.
White, state Insurance Commissioner Mike Chaney, Gov. Tate Reeves and others have expressed concern that those people would lose their private health insurance and be forced to sign up for Medicaid if lawmakers vote to expand Medicaid.
They are correct.
But they do not mention that the enhanced benefits authored by the Biden administration are scheduled to expire in December 2025 unless they are reenacted by Congress. The incoming Donald Trump administration has given no indication it will continue the enhanced subsidies.
As a matter of fact, the Trump administration, led by billionaire Elon Musk, is looking for ways to cut federal spending.
Some have speculated that Medicaid expansion also could be on Musk’s chopping block.
That is possible. But remember congressional action is required to continue the enhanced subsidies. On the flip side, congressional action would most likely be required to end or cut Medicaid expansion.
Would the multiple U.S. senators and House members in the red states that have expanded Medicaid vote to end a program that is providing health care to thousands of their constituents?
If Congress does not continue Biden’s enhanced subsidies, the rates for Mississippians on the exchange will increase on average about $500 per year, according to a study by KFF, a national health advocacy nonprofit. If that occurs, it is likely that many of the 280,000 Mississippians on the exchange will drop their coverage.
The result will be that Mississippi’s rate of uninsured — already one of the highest in the nation – will rise further, putting additional pressure on hospitals and other providers who will be treating patients who have no ability to pay.
In the meantime, the Mississippi Today counter that tracks the amount of money Mississippi is losing by not expanding Medicaid keeps ticking up.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1911
Dec. 21, 1911
Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia.
When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs.
He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame.
The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays.
Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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