Jackson City Council could be poised to bypass mayor in seeking a trash-hauling contractor - WLBT
Jackson City Council could be poised to bypass mayor in seeking a trash-hauling contractor
JACKSON, Miss. (WLBT) - After the mayor has refused to do so for months, the Jackson City Council could go it alone in seeking someone to pick up your trash.
A special called meeting is slated for 4:30 p.m. Wednesday, where the council is expected to consider an order to issue its own request for proposals for solid waste collections.
The move comes more than six months after the city entered into a one-year emergency contract with Richard’s Disposal to pick up residential waste through March 31, 2024.
It also comes as Mayor Chokwe Antar Lumumba continues to ignore pleas from council members to issue a new request, citing an ongoing lawsuit with Richard’s Disposal.
This spring, Richard’s filed suit against the city in Hinds County Circuit Court, saying the council’s decision not to award the company a long-term deal was arbitrary and capricious.
According to an October 27, 2023, memo obtained by WLBT, the council asked attorneys Deshun Martin and John Scanlon whether the mayor could delay issuing a new RFP using the Richard’s lawsuit as an excuse.
“The mayor cannot unilaterally hijack the process simply by saying that the city will not do it until he sees fit, whatever reason he may give,” they write. “That power rests with the governing authority as a whole, both the mayor and the council.”
Martin and Scanlon represented the city council in its suit against the mayor earlier this year.
The council filed the complaint seeking permission to enter into talks with a trash contractor after the mayor refused to bring forward a second vendor under the October 2021 RFP.
Lumumba wanted to bring on Richard’s, but the council rejected awarding a long-term contract to the firm on multiple occasions.
The judge said the council could not enter into talks, saying negotiations were reserved for the executive branch.
As part of a settlement agreement in that case, the council agreed to keep Richard’s in place for another year while a new RFP was issued.
However, 197 days after the council awarded that one-year contract, the mayor has taken no action and says he will not because of an ongoing lawsuit with Richard’s.
Richard’s filed suit against the city this spring, after the council refused to award the New Orleans-based company a long-term contract.
The company is asking the circuit court to overturn that decision, award the contract, and force the city to pay for damages and legal fees.
Martin and Scanlon say the council should seek to get that suit dismissed, based on Jackson’s ability to reject bids under Mississippi state statute.
Instead, the two say the city appears to be planning to argue the case on its merits, based on current court filings.
“We do not believe the city was then or is now required to award the contract to Richard’s, because the city has the inherent ability under the state’s public purchasing laws to reject all bids,” they wrote. “Thus, the appeal in our eyes does not have merit.”
The council rejected Richard’s on numerous occasions, despite the company having the lowest-cost bid for twice-weekly collections with carts.
Some council members argued against the company, citing its lack of experience and concerns with its technical proposal.
Scanlon and Martin say an Attorney General’s opinion from 2004 gives the council the right to reject all bids or choose another bid, as long as reasons for the decision are included in the body’s minutes.
A hearing in the case is slated for December 19. Martin and Scanlon say a motion to dismiss should be filed now, so it can be argued during that hearing.
“We believe there is an obvious option the city should be pursuing, based on the city’s ability to reject all bids,” they wrote. “However, it has been more than six months, and we are not aware of any effort by the city to pursue that route.”
Council trash memo by Anthony Warren on Scribd
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