‘Failure of leadership all the way around,’ judge overseeing garbage hearing says

By Ross Adams

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    JACKSON, Mississippi (WAPT) — A special judge said he is working with the mayor and Jackson City Council to “see what we can do to right the ship here.”

Judge H. David Clark heard arguments Monday from attorneys for the Jackson City Council and Mayor Chokwe Antar Lumumba about who should have the authority to negotiate a garbage collection contract. The judge, at times, admonished both sides about taking the issue to court.

“What we’re doing here, there’s no telling what kind of money we’re going to spend, what we’ve already spent on this garbage mess,” Clark said.

The morning hearing lasted more than an hour and a half, at which time, Clark called for a break in order to speak with the attorneys. When they returned to court about an hour later, Clark said he was recessing the hearing and planned to spend the afternoon discussing legal issues and city issues with attorneys for both sides. If there is no resolution, the hearing will resume at 9 a.m. Tuesday.

Clark began the hearing Monday morning by asking why neither party had filed a motion to dismiss.

“What you have is the city suing the city,” Clark said. “You can’t sue yourself. Why are we here?”

Clark asked why the city council and mayor have to be plaintiffs and defendants instead of trusting each other and compromising.

The judge then denied the motion to stay.

“There are legitimate issues regarding all of that. The more important issue is what’s happening in the city of Jackson, the Capitol City,” Clark said. “This is a travesty. It’s a great example of failure of leadership all the way around. When leaders won’t talk to each other.”

Jackson has been without a contract for two weeks, and people’s trash is starting to pile up in places. People have been hauling their trash to dumpsters around the city.

A trash collection contract became an issue in 2020 when Waste Management increased the price of collections. The mayor then began the request for proposal process, which ultimately led Lumumba to present a contract with Richard’s Disposal to the city council, which was voted down. The issue went to court, and a settlement was reached, which allowed Richard’s to continue to collect trash on an emergency basis. That settlement expired on March 31.

“Nobody wants this kind of headache, and if they do, they’re going to charge a premium. The cost of collecting waste in the city of Jackson is going to be astronomical,” Clark said.

Felicia Perkins, Lumumba’s personal attorney, said the mayor’s responsibility is to follow the request for proposal.

“Which is what he’s been doing,” Perkins said.

John Scanlon, attorney for the city council, said the council is not required to approve the contract the mayor submits, but the mayor is required to resubmit another contract for approval.

“What you’re asking for is the authority to perform executive functions,” Clark said.

The judge said the council wants to negotiate, recommend and approve a contract that they have originated. Scanlon said the authority is limited and only when the mayor fails to act.

“If I give you the authority that you ask, you’re encroaching on the authority of the mayor,” Clark said.

The judge said the problem with that is that it’s unconstitutional.

“We’re in a unique and very unfortunate situation today,” Scanlon said. “When the mayor fails to act, the city council can take action.”

Clark then heard from the mayor’s attorney and city attorneys the timeline of events, which began in March 2020 with the first of three RFPs.

“We’re not going to fix this in a court of law. We’re going to fix it in the ballot box, to be honest with you,” Clark said. “The case should never be here. This should be about compromise, cooperation, looking out for the best interests of the citizens of the city.”

Before taking a break, Clark suggested that the mayor and members of the city council sit down with Richard’s Disposal and negotiate a contract. The judge pointed out that if they start the RFP process over again, they won’t get the same bids.

“You won’t get the same price,” Clark said. “If you sit down today, you’re looking at 2021 prices. Where are you going to get that?”

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