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Solar company’s donations to Brandon Presley appear legal. But should he have accepted them?

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Public Service Commissioner Brandon Presley, the Democratic nominee for governor, has accepted thousands of dollars in donations from people whose companies have come before the commission to seek approval for certain projects.

There is no evidence that the political contributions violated any state law. But as he campaigns around the state and pitches campaign finance and ethics law reforms, the contributions beg the question: Should he have accepted them?

Republican Gov. Tate Reeves’ campaign plainly accused Presley this month of breaking state law in a pair of TV ads, alleging the governor’s Democratic opponent illegally accepted campaign donations from leaders of a Tennessee-based solar company called Silicon Ranch.

The basis for the attack is a state law that prohibits public service commissioners or candidates from accepting campaign donations from representatives of public utilities the commission is responsible for regulating.

An attorney for the Public Service Commission told Mississippi Today, though, that Silicon Ranch is not a public utility, which should allow commissioners to legally accept the contributions.

“Speaking through its orders, the commission has consistently found that Silicon Ranch, as well as other companies, are not public utilities,” Ross Hammons, general counsel for the Public Service Commission, said in a statement.

Hammons, who is employed by the three elected commissioners, said the commission’s process for determining what a public utility is goes back to the late 1990s and has remained consistent over the years.

A campaign finance database created by Mississippi Today shows that Presley has accepted at least $16,500 in contributions from Silicon Ranch employees. He previously called Reeves’ allegations untrue and maintains that all of his campaign donations are “completely legal.”

READ MORE: See who has donated to Brandon Presley

A Reeves campaign spokesperson did not substantively answer questions from Mississippi Today for this article but repeated the campaign’s assertion that the donations were illegal because the PSC has some jurisdiction over the solar company.

“Mississippi’s laws prohibit donations from ‘electric utilities…that come under the jurisdiction of the PSC,’” the spokesperson said. “They do not apply solely to ‘public utilities.’ That requires the most generous possible reading of the law.”

Republican Brent Bailey, who serves on the Public Service Commission with Presley and has also accepted money from Silicon Ranch employees as recently as this year, said Reeves’ attacks are “without substance.”

Bailey, in a statement to Mississippi Today, defended his acceptance of the Silicon Ranch donations and said he was proud to “lead the charge” for renewable energy.

“All my campaign donations have been vetted, are legal and appropriate,” Bailey said. “This is a typical election-season political attack with no substance, and it unfairly and incorrectly implicates the current members of the Mississippi Public Service Commission.”

The Reeves campaign did not respond to Bailey’s comments or to Mississippi Today’s questions asking if they believed Bailey had also violated state law by accepting the Silicon Ranch donations.

READ MORE: Solar energy company threatens to sue Tate Reeves campaign for airing ‘defamatory’ TV ad

Presley sat on commission when Silicon Ranch project was approved

Mississippi law defines a public utility as an organization or company that, in part, operates equipment for “the generation, manufacture, transmission, distribution, provision of electricity to the public” for compensation.

But Silicon Ranch does not provide electricity to the general public for profit, and the PSC does not set its rates. The company, instead, provides electricity to public utilities.

The company, according to its website, has completed two Mississippi-based solar projects: One in Meridian in conjunction with the Naval Air Station, and one in Hattiesburg, operated in partnership with Mississippi Power. Neither of these are offering electricity to the public.

State law still requires organizations such as Silicon Ranch to come before the Public Service Commission to obtain a “certificate of public convenience and necessity” before transferring electricity to another entity.

The company came before the commission in 2017 to obtain approval for its Meridian project, and the commission, in an order, unanimously approved the project. Presley, of course, served on the commission at that time.

The order states: “Petitioner Silicon Ranch is not a public utility and the project is not utility property under the laws of the state of Mississippi. It is further ordered that petitioner Silicon Ranch is not subject to the Commission’s jurisdiction except for the requirement of obtaining a certificate of public convenience and necessity.”

The only way someone could shed more clarity on the public utility status is if the Legislature chooses to change the definition or if a judge interprets the statute differently than a commission. But a judge would only address the issues if someone appeals a Public Service Commission order to the court system.

Mississippi Today was unable to identify an instance when a similar company appealed a commission’s order to the court system, meaning there is no Mississippi judicial ruling or legal analysis of a public utility definition outside of the PSC’s rulings.

While there is no available evidence to suggest Presley or other commissioners who have accepted similar donations have committed a crime, a prosecutor could, in theory, bring charges against the Democratic nominee.

Reeves’ campaign did not answer questions about whether they had referred the matter to the Mississippi Attorney General’s office for investigation. The attorney general would be most equipped to handle such a prosecution or launch an investigation, but the agency declined to answer questions about the issue.

Debbee Hancock, a spokesperson for Attorney General Lynn Fitch’s office, did not answer a question from Mississippi Today asking if anyone had filed a complaint with the agency about the donations or if the agency was investigating the donations.

Instead, Hancock issued a terse statement saying the agency does not comment on open investigations. She did not respond to a follow-up question seeking to clarify if her statement meant the agency was conducting an ongoing investigation of the donations, nor did she respond when Mississippi Today pointed out that the agency has commented on investigations in the past.

READ MORE: Fitch says she’s investigating PAC run by Chris McDaniel treasurer

Absence of ethics laws in Mississippi

For many years, many elected officials in Mississippi have benefitted from the general absence of “pay-to-play” prohibitions.

Candidates for the Public Service Commission, because of past corruption scandals, face stricter campaign finance laws than most other elected officials. PSC candidates are prohibited from taking contributions from officers of public utilities whose rates the commission sets.

But across state politics, it’s common for owners or executives of companies that reap millions of dollars a year from Mississippi taxpayers or receive favorable policy decisions to be among the largest donors to the state’s top public officials.

Mississippi Today published an investigation this week that showed Reeves’ top political donors were awarded $1.4 billion in state contracts or grants from agencies he’s overseen since he became governor in 2020.

READ MORE: Gov. Tate Reeves’ top political donors received $1.4 billion in state contracts from his agencies

Though there is no evidence that the Silicon Ranch donations to Presley violate state law, he has accepted thousands of dollars in donations from people who have come before the commission to seek approval for certain projects — though the projects are limited in scope and do not draw down taxpayer funding.

The Democratic candidate did not substantively answer questions from Mississippi Today on Oct. 15 asking if he thought accepting the donations was ethical or if he thought it was hypocritical of him to take the contributions while pitching campaign finance reforms.

Instead, he reiterated that the solar company donations were legal and suggested the press ask Reeves if it’s ethical for him to accept donations from people who receive state contracts.

“That’s a great question to ask him about Centene health care,” Presley said of Reeves. “It’s a great question for him to be asked about millions of dollars that he has taken in from folks that do business with the state. I can tell you, for me, every contribution we’ve had come in is legal.”

As he’s being attacked by Reeves for violating state ethics laws, Presley has made ethics reform a major plank of his 2023 campaign. Specific ideas Presley pitched this year include:

  • Limiting the gifts that politicians could receive from lobbyists.
  • More timely reporting of lobbyists’ expenditures on politicians.
  • Preventing politicians from receiving campaign contributions while the Legislature is in session.
  • Requiring a politician to wait one year after leaving office before becoming a lobbyist.
  • Prohibiting corporations from making campaign contributions and limiting the size of contributions from others.
  • Ensuring the Legislature is covered by open meetings laws.
  • Increasing penalties for violations of lobbying and campaign finance laws.

But in the meantime, the state’s relevant laws are loose. The secretary of state’s office and Ethics Commission have for years said they lack enforcement or investigative authority. The secretary of state’s office is responsible for receiving campaign finance reports but serves mainly as a repository, with no real investigative or enforcement authority. The Ethics Commission, after some changes to laws in recent years, appears to have some authority, but it’s unclear.

“It’s a mess,” state Ethics Commission Director Tom Hood said recently of Mississippi’s campaign finance laws. “Changes (to the law) have been made multiple times over multiple years, and it’s like trying to put together a jigsaw puzzle that doesn’t fit.”

Fitch, as the state’s top law officer, runs the only state agency with clear authority to investigate and prosecute campaign finance violations. But Fitch, like her recent predecessors, has shown little interest in investigating or prosecuting complaints and enforcing campaign finance laws. Mississippi attorney general actions on campaign finances or lobbying over the years have been so rare that, when they do happen, they bring outcry of selective enforcement.

Most often, campaign finance violations go unchecked, leaving the state political system open to the corrosive influence of special interest money.

Hood said he would like for laws and responsibilities to be clearer, particularly with campaign finance issues.

“Somebody needs to have clear authority and responsibility to enforce the law — that would be a good first step,” Hood said.

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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mississippitoday.org – Bobby Harrison – 2025-02-23 06:00:00

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.

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On this day in 1898

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mississippitoday.org – Jerry Mitchell – 2025-02-22 07:00:00

Feb. 22, 1898

Lavinia Baker and her five surviving children. A white mob set fire to their house and fatally shot and killed her husband, Frazier Baker, and baby girl Julia on Feb. 22, 1898. Left to right: Sarah; Lincoln, Lavinia; Wille; Cora, Rosa Credit: Wikipedia

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.

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Memorial Health System takes over Biloxi hospital, what will change?

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mississippitoday.org – Roy Howard Community Journalism Center – 2025-02-21 15:22:00

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

Kristian Spear, Hospital Administrator at Memorial Hospital Biloxi, speaks on the hospital’s acquisition and future goals for improvement. (RHCJC News)

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.

Keneth Pritchett, a Biloxi resident for over 30 years, speaks on the introduction of new services at Memorial Hospital Biloxi. (RHCJC News) Credit: Larrison Campbell, Mississippi Today

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:

  1. Will patients still be covered under the same insurance plans?
  2. 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.

Source: Liu, Jodi L., Zachary M. Levinson, Annetta Zhou, Xiaoxi Zhao, PhuongGiang Nguyen, and Nabeel Qureshi, Environmental Scan on Consolidation Trends and Impacts in Health Care Markets. Santa Monica, CA: RAND Corporation, 2022.

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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