Mississippi Today
Secretary of State Michael Watson says AG Lynn Fitch’s failure to enforce tidelands leases is costing taxpayers
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Secretary of State Michael Watson says Attorney General Lynn Fitch ghosted him when he asked for help enforcing public tidelands leasing laws, and that her inaction is costing taxpayers and threatening a precious public resource as he hires a private firm to do the work.
“I write once again to express my concerns about matters in which we have requested assistance from your office to no avail,” Watson opened in a letter to Fitch on May 5. “… I have included a chronology below outlining our multiple attempts to obtain assistance from your office, as the state’s ‘law firm’ and its failure to act on behalf of my office to protect the state’s interest.”
Watson’s letter, obtained by Mississippi Today, goes on to outline how Fitch and her office for about a year ignored his requests for help in protecting property belonging to the Mississippi public.
“Having no solution and virtually no assistance from the AGO, I have no option except to retain outside counsel with the Tidelands funds to protect against these unauthorized uses,” Watson wrote to Fitch, adding that he had notified legislative leaders about the issue.
In a recent interview, Watson said Fitch since his May letter has approved him hiring outside lawyers. Watson said he is doing so at a cost up to $75,000, but that he believes that is a cost taxpayers shouldn’t bear because Fitch has a team of staff attorneys on payroll that could do the work.
Mississippi has more than 60 miles of coastline, with 27 miles of man-made public beach. In many areas, there is private ownership of coastline land out to the mean high tide, but water-bottoms subject to the ebb and flow of the tide are owned by the public, held in trust by the state. Upland private landowners have “littoral” rights to the water and can build small piers or docks. Businesses such as casinos, hotels or restaurants and public entities can lease these tidelands from the state if they receive proper environmental permits. These lease payments are returned to local governments on the Coast and used for tidelands management, conservation, reclamation, preservation and enhancement of public access to the water.
Mississippi currently has 152 tidelands leases, and collects between $10 million and $12 million a year from them.
Watson, a Coast native, said he’s run into a problem with “entities both public and private, who have either failed to obtain a lease or failed to make lease payments” on tidelands. He said there are currently about 25-30 entities who are “trespassing,” or using tidelands without a lease. About a dozen entities subleasing tidelands from another state agency have not been paying rent.
At the time he wrote Fitch the letter, Watson said, the Mississippi Maritime and Seafood Industry Museum in Biloxi was behind in its $5,000 annual tidelands rent, but it has since paid up. Watson noted that none of the Coast’s casinos, some of the largest lessors of tidelands, are behind on rent or trespassing without leases.
Fitch through a spokeswoman declined to be interviewed for this article. Her spokeswoman issued a statement that said there is a long history of outside counsel working with Mississippi secretaries of state on tidelands cases.
“Public Trust Tidelands is a unique and complex area of law and there are a number of firms, particularly on the Coast, with expertise and experience in this field,” said Fitch spokeswoman Debbee Hancock.
But Watson said the issues he’s asking with help for are not complex tidelands litigation, but “basic contract and trespass law.” He said the cost of hiring outside lawyers is unwarranted for such simple enforcement.
Watson said Fitch’s office also threw a wrench in his efforts to enforce tidelands leasing laws last year when the AG sided with the Department of Marine Resources over the secretary of state’s office.
DMR is the agency tasked with issuing permits for construction on tidelands. Watson wanted DMR to require entities to have a proper tidelands lease with his office before granting such permits. DMR said it shouldn’t be required to do so, and Fitch agreed.
A recent state Supreme Court ruling, Watson said, adds urgency to the need to enforce public tidelands leasing. Watson’s office in 2021 had filed a lawsuit over a plan by Biloxi and Harrison County to lease property to RW Development to build a new city pier. Watson claimed a state tidelands lease was required for the project — although his office offered one rent-free to help the city project. But the state high court agreed with a lower court ruling that city piers had been built for many decades without requiring a lease, so one wasn’t required.
Watson in his letter to Fitch said this precedent “demonstrates the court’s willingness to forever bar the State’s efforts to enforce rights given it by the Legislature where the State previously failed to act.” He noted that in light of that ruling, “In a desperate attempt to spark some activity from your office, you will recall I emailed you specifically on March 24, 2023, to request a meeting on these matters so that we can move forward and ensure the interests of the state are preserved.”
Watson, like his secretary of state predecessors since legalized casino gambling in the early 1990s sparked a development boom on the Coast, has faced some blowback from trying to enforce state tidelands laws and leasing. Developers, business interests and some local government leaders have claimed it hampers development.
Some environmental groups, however, have decried the state being too willing to lease tidelands and allow development in environmentally fragile tidelands, and said the Mississippi Coast could end up like other coastal cities where private development hampers public access to the water.
Robert Wiygul, an environmental attorney who represents citizens and public interest groups, told Mississippi Today that competing interests with tidelands and who exactly controls the land make for extremely complex scenarios, but state leaders should ultimately ensure that the public’s rights are protected.
“Mississippi law says it’s the public policy of the state to preserve coastal wetlands and ecosystems,” Wiygul said. “That doesn’t mean no commercial development in tidelands, but it does mean that any kind of development has to be very carefully evaluated.”
Last year, the Biloxi Businessmen’s Club wrote Watson a letter asking him to lay off tidelands enforcement and “take a more favorable stance towards economic development and move on to the more pressing business handled by your office.”
Watson responded to that missive by saying he supports Coast development but, “I will not turn from the statutory duty given this office by the Legislature and ‘focus on the other important jobs’ of my office when any municipality, county or region of the state seeks to be creative with the law.”
Watson said dealing with public tidelands is a balancing act, and “the idea behind the public trust tidelands is that the entire Coast and the entire state benefits and people have access to the Lord’s natural resources … That’s incredibly important to balance economic development with preservation. The Coast is a huge economic driver for this state … We have, in my opinion, done a great job balancing that.”
Watson said his fellow Republican Fitch is a good friend and he is uncertain why she has been recalcitrant about helping enforce tidelands laws.
“Enforcing some things can be unpopular or can ruffle some feathers,” Watson said. “I’m not saying that’s the case here, but sometimes people go along to get along.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
If Tate Reeves calls a tax cut special session, Senate has the option to do nothing
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An illness is spreading through the Mississippi Capitol: special session fever.
Speculation is rampant that Gov. Tate Reeves will call a special session if the Senate does not acquiesce to his and the House leadership’s wishes to eliminate the state personal income tax.
Reeves and House leaders are fond of claiming that the about 30% of general fund revenue lost by eliminating the income tax can be offset by growth in other state tax revenue.
House leaders can produce fancy charts showing that the average annual 3% growth rate in state revenue collections can more than offset the revenue lost from a phase out of the income tax.
What is lost in the fancy charts is that the historical 3% growth rate in state revenue includes growth in the personal income tax, which is the second largest source of state revenue. Any growth rate will entail much less revenue if it does not include a 3% growth in the income tax, which would be eliminated if the governor and House leaders have their way. This is important because historically speaking, as state revenue grows so does the cost of providing services, from pay to state employees, to health care costs, to transportation costs, to utility costs and so on.
This does not even include the fact that historically speaking, many state entities providing services have been underfunded by the Legislature, ranging from education to health care, to law enforcement, to transportation. Again, the list goes on and on.
And don’t forget a looming $25 billion shortfall in the state’s Public Employee Retirement System that could create chaos at some point.
But should the Senate not agree to the elimination of the income tax and Reeves calls a special session, there will be tremendous pressure on the Senate leadership, particularly Lt. Gov. Delbert Hosemann, the chamber’s presiding officer.
Generally speaking, a special session will provide more advantages for the eliminate-the-income-tax crowd.
First off, it will be two against one. When the governor and one chamber of the Legislature are on the same page, it is often more difficult for the other chamber to prevail.
The Mississippi Constitution gives the governor sole authority to call a special session and set an agenda. But the Legislature does have discretion in how that agenda is carried out.
And the Legislature always has the option to do nothing during the special session. Simply adjourn and go home is an option.
But the state constitution also says if one chamber is in session, the other house cannot remain out of session for more than three days.
In other words, theoretically, the House and governor working together could keep the Senate in session all year.
In theory, senators could say they are not going to yield to the governor’s wishes and adjourn the special session. But if the House remained in session, the Senate would have to come back in three days. The Senate could then adjourn again, but be forced to come back if the House stubbornly remained in session.
The process could continue all year.
But in the real world, there does not appear to be a mechanism — constitutionally speaking — to force the Senate to come back. The Mississippi Constitution does say members can be “compelled” to attend a session in order to have a quorum, but many experts say that language would not be relevant to make an entire chamber return to session after members had voted to adjourn.
In the past, one chamber has failed to return to the Capitol and suffered no consequences after the other remained in session for more than three days.
As a side note, the Mississippi Constitution does give the governor the authority to end a special session should the two chambers not agree on adjournment. In the early 2000s, then-Gov. Ronnie Musgrove ended a special session when the House and Senate could not agree on a plan to redraw the state’s U.S. House districts to adhere to population shifts found by the U.S. Census.
But would Reeves want to end the special session without approval of his cherished income tax elimination plan?
Probably not.
In 2002 there famously was an 82-day special session to consider proposals to provide businesses more protection from lawsuits. No effort was made to adjourn that session. It just dragged on until the House finally agreed to a significant portion of the Senate plan to provide more lawsuit protection.
In 1969, a special session lasted most of the summer when the Legislature finally agreed to a proposal of then-Gov. John Bell Williams to opt into the federal Medicaid program.
In both those instances, those wanting something passed — Medicaid in the 1960s and lawsuit protections in the 2000s — finally prevailed.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1898
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Feb. 22, 1898
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Frazier Baker, the first Black postmaster of the small town of Lake City, South Carolina, and his baby daughter, Julia, were killed, and his wife and three other daughters were injured when a lynch mob attacked.
When President William McKinley appointed Baker the previous year, local whites began to attack Baker’s abilities. Postal inspectors determined the accusations were unfounded, but that didn’t halt those determined to destroy him.
Hundreds of whites set fire to the post office, where the Bakers lived, and reportedly fired up to 100 bullets into their home. Outraged citizens in town wrote a resolution describing the attack and 25 years of “lawlessness” and “bloody butchery” in the area.
Crusading journalist Ida B. Wells wrote the White House about the attack, noting that the family was now in the Black hospital in Charleston “and when they recover sufficiently to be discharged, they) have no dollar with which to buy food, shelter or raiment.
McKinley ordered an investigation that led to charges against 13 men, but no one was ever convicted. The family left South Carolina for Boston, and later that year, the first nationwide civil rights organization in the U.S., the National Afro-American Council, was formed.
In 2019, the Lake City post office was renamed to honor Frazier Baker.
“We, as a family, are glad that the recognition of this painful event finally happened,” his great-niece, Dr. Fostenia Baker said. “It’s long overdue.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Memorial Health System takes over Biloxi hospital, what will change?
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by Justin Glowacki with contributions from Rasheed Ambrose, Javion Henry, McKenna Klamm, Matt Martin and Aidan Tarrant
BILOXI – On Feb. 1, Memorial Health System officially took over Merit Health Biloxi, solidifying its position as the dominant healthcare provider in the region. According to Fitch Ratings, Memorial now controls more than 85% of the local health care market.
This isn’t Memorial’s first hospital acquisition. In 2019, it took over Stone County Hospital and expanded services. Memorial considers that transition a success and expects similar results in Biloxi.
However, health care experts caution that when one provider dominates a market, it can lead to higher prices and fewer options for patients.
Expanding specialty care and services
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One of the biggest benefits of the acquisition, according to Kristian Spear, the new administrator of Memorial Hospital Biloxi, will be access to Memorial’s referral network.
By joining Memorial’s network, Biloxi patients will have access to more services, over 40 specialties and over 100 clinics.
“Everything that you can get at Gulfport, you will have access to here through the referral system,” Spear said.
One of the first improvements will be the reopening of the Radiation Oncology Clinic at Cedar Lake, which previously shut down due to “availability shortages,” though hospital administration did not expand on what that entailed.
“In the next few months, the community will see a difference,” Spear said. “We’re going to bring resources here that they haven’t had.”
Beyond specialty care, Memorial is also expanding hospital services and increasing capacity. Angela Benda, director of quality and performance improvement at Memorial Hospital Biloxi, said the hospital is focused on growth.
“We’re a 153-bed hospital, and we average a census of right now about 30 to 40 a day. It’s not that much, and so, the plan is just to grow and give more services,” Benda said. “So, we’re going to expand on the fifth floor, open up more beds, more admissions, more surgeries, more provider presence, especially around the specialties like cardiology and OB-GYN and just a few others like that.”
For patient Kenneth Pritchett, a Biloxi resident for over 30 years, those changes couldn’t come soon enough.
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Pritchett, who was diagnosed with congestive heart failure, received treatment at Merit Health Biloxi. He currently sees a cardiologist in Cedar Lake, a 15-minute drive on the interstate. He says having a cardiologist in Biloxi would make a difference.
“Yes, it’d be very helpful if it was closer,” Pritchett said. “That’d be right across the track instead of going on the interstate.”
Beyond specialty services and expanded capacity, Memorial is upgrading medical equipment and renovating the hospital to improve both function and appearance. As far as a timeline for these changes, Memorial said, “We are taking time to assess the needs and will make adjustments that make sense for patient care and employee workflow as time and budget allow.”
Unanswered questions: insurance and staffing
As Memorial Health System takes over Merit Health Biloxi, two major questions remain:
- Will patients still be covered under the same insurance plans?
- Will current hospital staff keep their jobs?
Insurance Concerns
Memorial has not finalized agreements with all insurance providers and has not provided a timeline for when those agreements will be in place.
In a statement, the hospital said:
“Memorial recommends that patients contact their insurance provider to get their specific coverage questions answered. However, patients should always seek to get the care they need, and Memorial will work through the financial process with the payers and the patients afterward.”
We asked Memorial Health System how the insurance agreements were handled after it acquired Stone County Hospital. They said they had “no additional input.”
What about hospital staff?
According to Spear, Merit Health Biloxi had around 500 employees.
“A lot of the employees here have worked here for many, many years. They’re very loyal. I want to continue that, and I want them to come to me when they have any concerns, questions, and I want to work with this team together,” Spear said.
She explained that there will be a 90-day transitional period where all employees are integrated into Memorial Health System’s software.
“Employees are not going to notice much of a difference. They’re still going to come to work. They’re going to do their day-to-day job. Over the next few months, we will probably do some transitioning of their computer system. But that’s not going to be right away.”
The transition to new ownership also means Memorial will evaluate how the hospital is operated and determine if changes need to be made.
“As we get it and assess the different workflows and the different policies, there will be some changes to that over time. Just it’s going to take time to get in here and figure that out.”
During this 90-day period, Erin Rosetti, Communications Manager at Memorial Health System said, “Biloxi employees in good standing will transition to Memorial at the same pay rate and equivalent job title.”
Kent Nicaud, President and CEO of Memorial Health System, said in a statement that the hospital is committed to “supporting our staff and ensuring they are aligned with the long-term vision of our health system.”
What research says about hospital consolidations
While Memorial is promising improvements, larger trends in hospital mergers raise important questions.
Research published by the Rand Corporation, a nonprofit, nonpartisan research organization, found that research into hospital consolidations reported increased prices anywhere from 3.9% to 65%, even among nonprofit hospitals.
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The impact on patient care is mixed. Some studies suggest merging hospitals can streamline services and improve efficiency. Others indicate mergers reduce competition, which can drive up costs without necessarily improving care.
When asked about potential changes to the cost of care, hospital leaders declined to comment until after negations with insurance companies are finalized, but did clarify Memorial’s “prices are set.”
“We have a proven record of being able to go into institutions and transform them,” said Angie Juzang, Vice President of Marketing and Community Relations at Memorial Health System.
When Memorial acquired Stone County Hospital, it expanded the emergency room to provide 24/7 emergency room coverage and renovated the interior.
When asked whether prices increased after the Stone County acquisition, Memorial responded:
“Our presence has expanded access to health care for everyone in Stone County and the surrounding communities. We are providing quality healthcare, regardless of a patient’s ability to pay.”
The response did not directly address whether prices went up — leaving the question unanswered.
The bigger picture: Hospital consolidations on the rise
According to health care consulting firm Kaufman Hall, hospital mergers and acquisitions are returning to pre-pandemic levels and are expected to increase through 2025.
Hospitals are seeking stronger financial partnerships to help expand services and remain stable in an uncertain health care market.
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Source: Kaufman Hall M&A Review
Proponents of hospital consolidations argue mergers help hospitals operate more efficiently by:
- Sharing resources.
- Reducing overhead costs.
- Negotiating better supply pricing.
However, opponents warn few competitors in a market can:
- Reduce incentives to lower prices.
- Slow wage increases for hospital staff.
- Lessen the pressure to improve services.
Leemore Dafny, PhD, a professor at Harvard and former deputy director for health care and antitrust at the Federal Trade Commission’s Bureau of Economics, has studied hospital consolidations extensively.
In testimony before Congress, she warned: “When rivals merge, prices increase, and there’s scant evidence of improvements in the quality of care that patients receive. There is also a fair amount of evidence that quality of care decreases.”
Meanwhile, an American Hospital Association analysis found consolidations lead to a 3.3% reduction in annual operating expenses and a 3.7% reduction in revenue per patient.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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