RESOLUTION OF THE CITY COUNCIL OF JACKSON, MISSISSIPPI

OPPOSING SB2628 AS PASSED OUT OF THE ACCOUNTABILITY,

EFFICIENCY, AND TRANSPARENCY COMMITTEE OF THE MISSISSIPPI
SENATE.

WHEREAS, the Council of the City of Jackson, as the governing authority of the City of
Jackson, authorized the City to enter into an Interim Stipulated Order with the United States of
America, effective November 29, 2022, which appointed Ted Henifin as the Interim Third-Party
Manager for the City’s drinking water system and Water-Sewer Business Administration (the
Drinking Water ISO); and

WHEREAS, the Drinking Water ISO is intended by the United States and the City to be
an interim measure to increase the drinking water system’s stability while the parties negotiate a
consent decree to achieve the long-term stability of the drinking water system; and

WHEREAS, this Drinking Water ISO was negotiated and agreed to among the City, the
U.S. Department of Justice and the Environmental Protection Agency to help ensure that the
residents of Jackson, Mississippi and Byram, Mississippi have a safe, affordable source of drinking
water now and into the future; and

WHEREAS, the Council of the City of Jackson, as the governing authority of the City of
Jackson, authorized the City to enter into a Stipulated Order on Sewer System (CWA Case) in the
City’s pending Clean Water Act Consent Decree, effective October 5, 2023, which appointed Ted
Henifin as the Interim Third-Party Manager for the City’s sewer system (the Sewer SO); and

WHEREAS, the Sewer SO is intended by the U.S. Department of Justice, the

Environmental Protection Agency, the Mississippi Department of Environmental Quality, and the
City of Jackson to address existing sanitary sewer overflows (SSO) that the City has not been able
to address efficiently due to funding constraints and other state law restrictions while the parties
negotiate a modification to the existing Consent Decree and formulate a transition plan that allows
the City to adequately operate and maintain its sewer system and continue making the necessary
capital improvements to come into compliance with the Clean Water Act and Mississippi state
law; and

WHEREAS, the Accountability, Efficiency, and Transparency Committee of the

Mississippi State Senate, chaired by Senator David Parker of DeSoto County, has passed out of
committee Senate Bill 2628, drafted by Senator Parker of DeSoto County, which would cause the
assets of the City’s water and sewer systems to be transferred to a utility authority controlled solely
by appointees of the Governor and Lieutenant Governor of Mississippi; and

WHEREAS, Mr. Henifin, in his capacity of the Interim Third-Party Manager and officer
of the court, has publicly endorsed the passage of Senate Bill 2628, which is contrary to his
directive to recommend governance options in his Financial Management Plan pursuant to the
Drinking Water ISO and the Sewer SO, and amendments thereto, to the parties and to the court,
not the Mississippi Legislature, and Mr. Henifin’s express opinion in his first Financial
Management Plan filed in January 2023 and the update thereto filed in January 2024, that any

JACKSON CITY COUNCIL

change in governance should take place under judicial oversight of the United States District Court
for the Southern District of Mississippi; and

WHEREAS, the current version of Senate Bill 2628 creates a Utility Authority with a
governing board of five members appointed by the Governor and four appointed by the Lt.
Governor, thereby eliminating governance by any elected official directly representing the
interests of the citizens of the City of Jackson; and

WHEREAS, the Drinking Water ISO contemplates that any change in governance would
be part of a federal consent decree and under the supervision of the court; and

WHEREAS, the Sewer SO contemplates that the sewer system will return to the City of
Jackson after the negotiation of a Consent Decree modification and the Court’s approval of a
Transition Plan and a City of Jackson Staffing Plan; and

WHEREAS, it is abundantly clear that Senate Bill 2628 will interfere with orders entered
by a United States Federal District Court; and

WHEREAS, the City Council of the City Jackson, Mississippi is opposed to the passage
of any legislation that would interfere with the orderly prosecution of the Drinking Water ISO and
the Sewer SO; and

WHEREAS, the City Council recognizes that the Mississippi Legislature nevertheless
may pass a bill dealing with the ownership, control, and management of the City’s sewer and
wastewater systems, despite that such a bill would be in direct opposition to the existing federal
court orders; and

WHEREAS, The City Council respectfully requests that the following amendments be
considered to Senate Bill 2628:

◦ The creation of a nine-member governing board, six of whom would be appointed by the
City of Jackson, one appointed by the City of Byram, one appointed by the City of Ridgeland, and
one appointed by the Capitol Complex Advisory Board.
◦ Current and former local, state, and federal officials may serve on the board of the utility
authority.
◦ Former employees of the utility authority may serve on the board of the utility authority.
◦ An Advisory Board representing specific constituencies shall consult with the utility
authority board and advise the board in the development of rates, fees, and other charges, and
comprehensive plans for improvements in the water and sewer systems and any changes to such
plans.
◦ The newly created utility authority should be constituted as a body politic and subdivision
of the State of Mississippi.
◦ The newly created utility authority should set rates, fees, and other charges, and such rates,
fees, and other charges should not be subject to any control by the Mississippi Public Service
Commission.
◦ The assets the utility authority may not be sold, transferred, or leased without the express
consent of the Mayor and Council of the City of Jackson, Mississippi.
◦ The operation and maintenance of the utility authority may not be contracted to any body
politic and subdivision of the State of Mississippi.
◦ The utility authority shall hold scheduled Town Hall Meetings annually in each Ward of
the City of Jackson, including the City of Byram and City of Ridgeland.

BE IT, THEREFORE, RESOLVED that the Council of the City of Jackson, Mississippi
strongly opposes the passage of Senate Bill 2628 in its current form or the passage by the
Legislature of the State of Mississippi of any other legislation that would change the governance
structure of the City of Jackson water and sewer systems, as any such change in governance should
be overseen by the United States District Court for the Southern District of Mississippi, pursuant
to the Drinking Water ISO and the Sewer SO.

IT IS FURTHER RESOLVED that the Council of the City of Jackson expresses its
displeasure that Ted Henifin has expressed his support for legislation about the governance of the
City of Jackson water and sewer systems in a manner inconsistent with the Drinking Water ISO
and Sewer SO and inconsistent with his own Financial Management Plan.

IT IS FURTHER RESOLVED that should the Mississippi Legislature seek to enact a bill
about the governance of the City of Jackson water and sewer systems, the Council of the City of
Jackson requests that any such governance provide the following:

◦ The creation of a nine-member governing board, six of whom would be appointed by the
City of Jackson, one appointed by the City of Byram, one appointed by the City of Ridgeland, and
one appointed by the Capitol Complex Advisory Board.
◦ Current and former local, state, and federal officials may serve on the board of the utility
authority.
◦ Former employees of the utility authority may serve on the board of the utility authority.
◦ An Advisory Board representing specific constituencies shall consult with the utility
authority board and advise the board in the development of rates, fees, and other charges, and
comprehensive plans for improvements in the water and sewer systems and any changes to such
plans.
◦ The newly created utility authority should be constituted as a body politic and subdivision
of the State of Mississippi.
◦ The newly created utility authority should set rates, fees, and other charges, and such rates,
fees, and other charges should not be subject to any control by the Mississippi Public Service
Commission.
◦ The assets the utility authority may not be sold, transferred, or leased without the express
consent of the Mayor and Council of the City of Jackson, Mississippi.
◦ The operation and maintenance of the utility authority may not be contracted to any body
politic and subdivision of the State of Mississippi.
◦ The utility authority shall hold scheduled Town Hall Meetings annually in each Ward of
the City of Jackson, including the City of Byram and City of Ridgeland.
Vice President Lee moved adoption; Council Member Grizzell seconded.

Yeas – Banks, Foote, Grizzell, Lee and Lindsay.

Nays – None.
Absent – Hartley and Stokes.

STATEMENT OF VOTES

The foregoing is a true and exact copy of an Order stating the action taken by the City Council
at its Special Council Meeting on March 4, 2024. However, upon the completion of the minutes,
signed by the Mayor and attested by the City Clerk, a certified attested copy can be provided
upon request.