Jackson Free Press

Judie Gray Livingston, the woman who didn't even know her eldest child was running for statewide office before August, said she always thought he'd make a good governor.

"It was always my desire that he would run for governor," Livingston told the Jackson Free Press. "I think that's every mother's (desire)."

Livingston joined her son and daughter, Angela Gray (who is also her big brother's campaign manager), at a prayer vigil for Democratic candidates this afternoon at Smith Park.

Gray, 56, unexpectedly won the Democratic primary in August to become the party's nominee.

Meanwhile, across town, Republicans held a cook-off and rally today at the Ag Museum to promote their slate of statewide candidates.

Judie Gray said she prayed for the passage of the school funding Initiative 42 as well as for salary increases for teachers and state employees as well as infrastructure upgrades.

"This is a positive thing he's done. There's nothing negative," she told me. "He's all about the people of Mississippi wanting to improve."

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Gov. Phil Bryant's Education Works bill is going to a conference committee after all.

Yesterday, the House delivered a crushing defeat to Gov. Phil Bryant's Education Works agenda, the governor's everything-but-the-kitchen sink education-reform bill that includes charter schools, a third-grade reading improvement program, teacher merit pay and many other provisions.

Today, the House went the other way. Now details of the bill, HB 890, will be negotiated by members of the House and Senate Education Committees as well as yet-to-named legislators.

The House voted 60-58 against the governor's bill, which passed in the Senate, meaning a few Republicans broke ranks and sided with Democrats in opposing the bill. Today's vote appears to be more a rebuke of Bryant's ram-it-down-throat tactic than of any individual education idea.

It was of little consequence since most of the important provisions of Education Works, including the charter-school bill, remain alive in separate pieces of legislation.

Ironically, the vote against Bryant's agenda fell on the same day at the former Florida Gov. Jeb Bush is in town pushing education reform at Mississippi College. Bush's nonprofit, the Foundation for Excellence in Education drafted much of the model legislation on which Bryant's education plan was built.

After his election as mayor, one of the biggest questions hanging over Chokwe Lumumba's new administration was what kind of relationship he would have with the state Legislature.

Historically, that relationship has been icier than our weather the past few days. Lumumba's predecessor, Harvey Johnson Jr., wasn't known as someone who liked to hobnob and press the flesh.

Today, Lumumba opened what he called a new "era of cooperation" as he gave the Legislature a warm welcome to the capital city.

"I want you to feel welcome; I want you to to feel like you're home. Go out and spend lots of money," Lumumba told members of the Mississippi House of Representatives.

Lumumba even recommended a couple of his favorite haunts, Chitoes African Deli in west Jackson and Pearl's Southern Kitchen on Terry Road, and urged members in need of a new set of wheels to stop in at a Jackson car dealership.

Then, he struck a slightly more serious tone.

"Vote for all the pro-Jackson stuff," he said. "What's good for Jackson is good for Mississippi and what's good for Mississippi is good for Jackson."

Read more about the city of Jackson's legislative agenda.

Jarvis Dortch, a health-policy expert and advocate, said today that he will run for the Mississippi House of Representatives.

"There are a number of policy concerns that I hope to address during this campaign. Our state's failures in healthcare, education, and wages are all issues that keep too many Mississippians in poverty," Dortch, who is running as a Democrat, wrote in the announcement.

"To be completely honest, many of our local legislators are not doing the job of engaging the public and truly representing our needs. Our problem isn't that we have poor people that aren't working hard, but we have poor leadership working against them."

Dortch is competing in District 66, which Democratic Rep. Cecil Brown now serves. In the last round of redistricting, however, Brown's district was combined with that of Republican Rep. Bill Denny. Brown is running for Public Service Commissioner from the Central District. The new District 66 serves south Jackson, Byram, Terry, Raymond and Utica.

"Unless you have your own personal lobbyist, the game is rigged against you. And there are way too many legislators willing to play the game. I'm not naive but I'm also not so cynical that I don't believe it's worth fighting for change," Dortch wrote.

A previous version of this story misstated that Jarvis Dortch is running against Rep. Bill Denny, R-Jackson.

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The Clarion-Ledger is reporting that president and publisher Jason P. Taylor is leaving the company.

On Wednesday, three employees--two sales people and one circulation staffer--also departed in the latest round of cuts at the C-L.

Taylor's announcement came less than one year after the announcement that he would take over operations at the Jackson daily as well as the Hattiesburg (Miss.) American and Montgomery (Ala.) Advertiser, succeeding Publisher Leslie Hurst.

One month later, Brian Tolley, then executive editor, said he was leaving the company; Tolley was eventually replaced by Sam Hall.

According to a story on the C-L's website, Taylor will go to work for Fairport, NY-based GateHouse Media as president and publisher of the Las Vegas Review-Journal and serve as chief-executive officer of GateHouse Media Live and Virtual Events. In addition, he will oversee GateHouse Media's Western U.S. Publishing Operations as president.

"Over the past year, Mississippi Media has emerged and set a path to elevate The Clarion-Ledger, clarionledger.com and our suite of products and services. This team has come together to accomplish a true resurgence of a brand in motion," according to a quote attributed to Taylor.

Gannett East Group President Michael Kane said the Virginia-based company is working on a transition plan.

Taylor was the sixth C-L publisher since 2004.

The city has hired a manager to oversee projects paid for with a 1-percent tax approved almost two years ago.

The Jackson City Council approved a contract with Jackson-based IMS Engineers for projects in the first year of the infrastructure master plan. IMS will help develop a comprehensive infrastructure plan, a 20-year blueprint to overhaul of the City’s infrastructure system of roads, bridges as well as water, sewer and drainage systems. IMS will also provide mapping and handle the public relations and outreach.

The selection of IMS came with relatively little controversy compared to other professional-services contracts that have gone before the city council in recent months. These include an agreement to remove sludge from the Savanna Wastewater Treatment Plant and switching health plans for city employees.

Mayor Tony Yarber said IMS did have the best scores from the City's evaluation committee, but two firms who scored higher had conflicts because the firms would have overseen work they previously committed.

Yarber has said hiring a program manager would be one of the last obstacles to overcome before spending from the 1-percent fund.

So far taxpayers have generated approximately $21 million from the 1-percent tax that voters approved through a referendum in early 2014. The first year of the tax added up to $15.1 million designated to begin repairs on some 2,000 miles of roadway, 881 miles of water main and 1,000 miles of sewer pipe.

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Over the weekend, Black Enterprise magazine reported that the spending power of the nation's 43 million African Americans is expected to top $1 trillion by 2015.

BE cites a report that will be presented at a June 2014 meeting of the National Association of Black Accountants Conference. The report found that the African American population "is an economic force to be reckoned with, with a projected buying power of $1.1 trillion by 2015."

That should be good news for Jackson and Mississippi, which have some of the the nation's highest percentages of of black residents. Jackson's population is 80 percent black; Mississippi has to a 40 percent black population.

What's more, black consumers' growth outpaces the rest of the population by 30 percent, the study shows:

Between 2000 and 2009, the number of African Americans attending some college or earning degrees has grown: 45 percent of men; 54 percent of women. Households earning $75,000 or more grew by more than 60 percent, faster than the rest of the population. African American’s average income nationwide is $47,290.

So what does this all mean in business terms? It means African Americans wield tremendous buying power. The Nielsen study showed numerous shopping trends, mostly for household, health and beauty, travel, smart phones and child related items.

Hopefully, Jackson residents and businesses are in a position to take full advantage.

An email is circulating Jackson asking voters to write in the name of Ward 1 Councilman and lobbyist Quentin Whitwell, a Republican, for mayor in the June 4 general election.

The email implores supporters to back Whitwell but to keep it on the low, meaning not to spread the news via the Internet and social media.

The message, which someone forwarded to the Jackson Free Press, states:

"We need your help! A week from today we have one last chance to vote in a mayor that will work for us! We need each of you to text, send emails, to at least 20-30 people in Jackson to go write in vote Tuesday June 4th for Quentin Whitwell! We believe that the turn out for Chuckwe [sic] will not be huge, due to the fact he thinks he already has won. We have to keep this off Facebook, and on the low until the actual day June 4th! That day we need as many volunteers, to help get out the vote for Quentin. We need each of you to tell your neighborhood associations to send out an email, go door to door Monday and Tuesday. We will need signs made to hold up in ridgewood , Old Canton , and anywhere else. I truly believe if we all can do our part we can pull this off! Please let me know if you are willing to help in anyway!"

We left a message with Whitwell to get his response.

The entertainment value of tonight's city council meeting just skyrocketed.

Stay tuned.

Editor's Update: The Clarion-Ledger stooped to new levels of bad journalism when one of its reporters tried to denigate R.L. Nave's coverage of this effort. Read all about it at http://www.jfp.ms/brianeason

In a unanimous and completely unsurprising move, the Mississippi Republican Central Committee rejected the federal Affordable Care Act, which Congress passed three years ago.

The state GOP said it was supporting the positions of the state's Three Tops--Gov. Phil Bryant, Lt. Gov. Tate Reeves and Speaker Philip Gunn--in resisting the implementation of the ACA as well as the expansion of Medicaid.

“Our party is unified and supports the prudent and careful approach advocated by the Governor, Lieutenant Governor and Speaker. At a time when we learn more every day about improper government intrusion into the lives of ordinary citizens, it defies logic to embrace an expansion of that intrusion,” MSGOP Chairman Joe Nosef said through a press release.

Of course, Obamacare is being implemented anyway. Last summer's U.S. Supreme Court decision assured that the ACA, including its controversial individual mandate provision, would be the law of the land even if it lets states opt out Medicaid expansions, which the architects of the law hoped would pay for a big chunk.

Nosef is right on one point, though: Mississippi Republicans have been unified in saying they reject Obamacare.

Emphasis on saying.

Most Mississippi state Republicans have stated their opposition to the federal health law, but there is evidence that the party's armor is starting to chink, most notably Sen. Billy Hudson, R-Hattiesburg's recent coming out in favor of expanding Medicaid.

Meanwhile, Republican congressmen are quietly soliciting Obamacare funds for a Rankin County health clinic.

There'll be more about that in tomorrow's paper.

Forget about making Mississippi healthier. Forget about the cost to taxpayers. The fight over Medicaid in Mississippi is turning into an all-out partisan turf war.

The latest salvo came yesterday, when Democratic Mississippi Attorney General Jim Hood issued an opinion stating that the governor cannot lawfully run the Medicaid program if the Legislature fails to reauthorize the program.

At odds over whether the state should expand Medicaid, lawmakers couldn't come to a consensus on renewing Medicaid before the legislative session ended this spring, leaving the future of the program up in the air.

Republican Gov. Phil Bryant, who opposes Medicaid expansion, has said that if Democrats, who support the expansion and have asked for legislative debate on the subject, continue standing in the way of Medicaid's reauthorization that he would run the program himself.

In recent weeks, legislative Republicans and the Mississippi Republican Party have blitzed the Internet and social media with anti-Obamacare messages ahead of the July 1 Medicaid deadline. The MS GOP has started an online petition against Obamacare while Speaker Philip Gunn, a Clinton Republican, has written op-eds for several local newspapers and blogs.

Hood's opinion this week relies on a similar opinion Hood issued in 2009, which states that "a governor cannot create or re-create a state agency that has been repealed by operation of law, nor can a governor divert funds which may be appropriated to a statutorily repealed agency to some other agency."

The response from Bryant's office was terse. Bryant's spokesman, Mick Bullock, responded to Hood in an email to the Associated Press: "That's all it is, his opinion."

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Religious organizations are generally not allowed to donate to politicians, but often find clever ways to skirt the Internal Revenue Service prohibitions.

One way is just for the pastor and key church officials to personally make big contributions, and encourage their flock to do the same, to support candidates who share their values. Another is to allow candidates to speak to congregants directly, which lets the politician associate himself or herself with that particular house of worship.

Both are gray areas.

It's quite another thing, though, for a church to give directly to a political candidate. That's what appears to be happening in the case of Hinds County Democratic hopeful Willie Earl Robinson. Campaign finance reports show that Hill of Zion Missionary Baptist Church in Bolton made a donation of $500 to Robinson's campaign.

Robinson's challenger in the Hinds County District 2 race, Darrel McQuirter, is a pastor. The name of his church -- Pleasant Green Baptist Church -- does not appear on his finance reports, but McQuirter and his wife personally contributed more than $7,000 to the campaign coffers.

Under the Federal Election Campaign Act, charitable organizations (in fact, all corporations) are prohibited from making contributions in connection with federal elections. This is not a federal election. However, the IRS code, which applies to all organizations that have tax-exempt status, states: "(A)ll section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office."

A Guidestar.com search of 501c3 nonprofits as well as a search of charities through the Mississippi Secretary of State yielded no results for a Hill of Zion M.B. Church in Bolton.

An attempt to reach the church by phone this morning was not successful.

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August Alsina, a 21-year rap sensation from New Orleans, was supposed to perform in Jackson tonight. He won't make it after all, which has apparently infuriated his fans in Jacktown.

Promoters of the concert, planned for Saturday at the Mississippi Coliseum want to set the record straight.

In a statement to Jackson media outlets, promoter Yolanda Singleton explained the situation from their point of view:

"We, as promoters, did everything we were legally obligated to do via contract as well as met all financial obligations. After the initial May 10, 2014 date was rescheduled, we were still committed to bringing the artist to the city for those who had purchased tickets and others. We were more than accommodating to the artist with a new date.

Singleton continued: "Although the venue was scaled down to accommodate an audience of 3500 seats for August Alsina's performance, promoters were contacted by management two days prior to the schedule event date stating the 2000 tickets already sold was not a big enough crowd for August Alsina to perform because he did not want to see empty seats while performing. We were told, 'it would not be a good look for him.'"

It was not immediately clear if promoters could issue refunds to people who bought tickets or pursue legal action against Alsina.

In a "public-service announcement" posted on Instagram late Friday Alsina said only that "there was a mixup with the date and venue" as the reason he wouldn't be doing the show, but that he looks forward to coming to Jackson during his summer tour.

The U.S. Justice Department announced an investigation of the Raymond Detention center. Here's the full release:

The Justice Department announced today that it is opening a pattern or practice investigation of Hinds County Detention Center including both the Hinds County facility in Raymond, Mississippi, and the Jackson Detention Center, in Jackson, Mississippi. The investigation will focus on whether Hinds County protects prisoners from harm at the hands of other prisoners and staff. Attorneys for the County Board and the Sheriff were notified on June 2, 2014. They pledged cooperation with the investigation

The department opened the investigation pursuant to the Civil Rights of Institutionalized Persons Act. The investigation will include a comprehensive review of policies, procedures, and records, as well as interviews with county officials, jail administrators, staff, and current and former inmates. The Justice Department will also reach out to other stakeholders, including members of the community and groups with knowledge of conditions in the two facilities.

“Our investigation will focus on whether Hinds County protects prisoners from the harm that can result from prisoner on prisoner violence and the improper use of force,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “We have not prejudged this matter, and will seek cooperation from county officials and other stakeholders during the course of the investigation.”

“The Office of the United States Attorney for the Southern District of Mississippi will work diligently with the Civil Rights Division to ensure that the investigation into the detention center is one that will ultimately yield results that are helpful to the citizenry of the Southern District of Mississippi, and specifically, Hinds County,” said Gregory K. Davis, United States Attorney for the Southern District of Mississippi.

Individuals who have allegations about unlawful conditions in the Jail are encouraged to contact the Justice Department by phone at (202) 514-6255, by email at [email protected] or by mail at:

Verbatim release from City Hall:

The City of Jackson is pleased to announce that Clifford “T.I.” Harris will be in Jackson, MS on Wednesday, September 24, 2014 to raise awareness on key issues with youth in the metro area. T.I. will be delivering a message wrapped around the basic principles of being safe, being productive, and being better. The American rapper and entrepreneur will focus on galvanizing youth in several Jackson Public Schools to avoid making the same mistakes that he once made. T.I.’s awareness tour will end at Forest Hill High School at 2pm. T.I. is committed to continuing his “road to redemption” – an effort that was sparked by his passion to see kids progress and develop positively.

The City of Jackson will present T.I. with the key to the city for his unwavering dedication to seeing youth and young adults become positive influences within the community. The key to the city ceremony will be held on Wednesday at 9:30am and will feature Mayor Tony Yarber, Sherriff Tyrone Lewis, and the Sonic Boom of the South. The City of Jackson, in partnership with the Hinds County Sherriff’s Office, has committed to support T.I.’s message not only to raise awareness about safe living and productivity, but through a collective mission to eliminate crime in our communities.

T.I.’s message of safe, positive, and progressive living is a testament to the mission of National Night Out, which is an annual initiative held within the city. This year, the City of Jackson & the Hinds County Sherriff’s office have committed to “giving crime a going away party” together! This is the first time that both agencies have completely partnered in their efforts to raise awareness about crime prevention and create a safer living environment. The National Night Out Kick-Off event is Thursday, September 25, 2014 from 5pm till 9pm at the Mississippi Agriculture Museum.

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The Jackson branch of the NAACP is calling for the ouster of Connie Cochran, the chairwoman of the Hinds County Election Commission, for problems during the Nov. 4 general election.

Some precincts saw unexpectedly high turnout. Some of those polling places ran out of ballots late in the evening, which touched off a mad scramble to print more. Agitated by the long waits, some voters left without casting their ballots.

Later, Connie Cochran—the chairwoman of the Hinds County Election Commission—admitted that the commission failed to follow a state law mandating that enough ballots be printed for 75 percent of registered voters. Cochran took responsibility for making the call to save the county money.

Wayne McDaniels, president of the local NAACP, said through a press release: "Ms. Cochran violated thousands of Hinds County residents’ constitutional rights and broke the state law by not having enough election ballots at the time of voting. In addition, the Jackson City Branch NAACP is also asking for any other commissioner’s resignation if they voted with her or supported her actions."

Board Attorney Pieter Teeuwissen told supervisors that Cochran's statements to local media would likely result in legal action. He cited a state law that makes violating state-election requirements a misdemeanor, punishable by a $1,000 fee.

This week, supervisors took the additional step of formally asking Robert Shuler Smith, the county's chief prosecutor, and Attorney General Jim Hood to sanction the five-member election commission after amending a motion to single out Connie Cochran, the District 4 representative, for reprimand. District 4 Supervisor Tony Greer voted against the motion to ask for sanctions.

Gov. Phil Bryant declared Dec. 5 to be Dr. Aaron Shirley Day in Mississippi in honor of the medical pioneer who passed away last week.

Shirley was born in Gluckstadt, but moved to Jackson at an early age. Shirley attended Lanier High School and graduated from Tougaloo College in 1955 and Meharry Medical School in Nashville, Tenn., in 1959. He completed his residency in pediatric medicine at the University of Mississippi in 1965.

In 1970, Shirley founded the Jackson-Hinds Comprehensive Health Center and, in 1997, the Jackson Medical Mall Thad Cochran Center. Aaron also served as president of the Jackson Medical Mall Foundation. The Jackson Medical Mall was set up in an abandoned shopping center; the facility is a valuable asset in helping revitalize a disadvantaged area of Jackson. Shirley, in 2010, also launched a program to dispatch physicians to rural areas.

In addition to the proclamation, state Sen. John Horhn, D-Jackson, had also asked Gov. Bryant to order flags around the state lowered to half-mast in remembrance of Shirley but was told the custom is to lower flags only to honor fallen law enforcement and military personnel and elected officials.

Horhn called the denial disappointing and said the state's policy on when flags can be placed at half-mast may need to be clarified.

"I think he deserves that distinction," Horhn said of Dr. Shirley. " Aaron Shirley was one of the finest Mississippians this state ever produced."

Funeral services for Dr. Shirley take place Saturday Dec. 6 at the UMMC Conference Center at the Jackson Medical Mall at 11a.m.

Jackson School Board of Trustees President Monica Gilmore Love released a statement this afternoon about the controversy over JPS schools chief Dr. Cedrick Gray's handling of finances at his former district in Tennessee.

"The Board of Trustees is aware of the recent news items involving Dr. Cedrick Gray and the audit of his former school district in Fayette County, Tennessee. Our focus and our number one priority is, and will continue to be, to improve student achievement in our schools and to move this district forward. We are closely monitoring this matter and will take appropriate action, if and when it becomes necessary," Gilmore said in the statement.

A Tennessee comptroller's audit of Fayette County government, including the school district that Gray ran, revealed numerous accounting problems, including overspending by hundred of thousands of dollars that dwindled the school system's cash reserves.

While it looks like Gray should have kept a closer eye on the district's finances, local media's characterization of the situation as emblematic of law-breaking misdeeds is probably a bit of stretch. Some outlets have seized on the fact that the comptroller issued findings that show financial protocols. Well, anyone who has any experience reading financial reports knows that auditors almost always issue findings that reveal some sort of deficiency.

In fact, if you read the entire Fayette County audit, you'll see that the comptroller pretty much issued findings–some material–against every department from the county mayor's office, sheriff's office, register of deeds and public works.

Responding to the findings, Gray faulted inexperienced staff for the deficiencies.

“At no time was it the intention of this administration to defraud, usurp, or mislead the school board, County Commissioners, or the good people of Fayette County," Gray wrote in response.

Companies building a new 582-megawatt power plant near DeKalb are not holding it up as a model for plants around the nation. The Kemper County IGCC plant, now about nine months away from completion, will burn low-grade lignite coal and capture carbon emissions. Kemper is the first plant to use TRIG technology, which Atlanta-based Southern Co. developed in the 1990s.

Southern has said it hopes to sell the technology around the world as a solution to global change, but recently told Reuters that Kemper could not be replicated nationally.

"Because the unique characteristics that make the project the right choice for Mississippi cannot be consistently replicated on a national level, the Kemper County Energy Facility should not serve as a primary basis for new emissions standards impacting all new coal-fired power plants," Southern said in a statement to the wire service.

Louie Miller, who heads the anti-Kemper Mississippi Sierra Club, took aim at the report. Miller said, through a statement of his own, that the company's "confession" that Kemper is not a panacea for the nation's energy woes "should come as a shock" to its customers.

“Since day one, Mississippi Power, its parent Southern Company, and its high-profile backers like Governor Haley Barbour and United States Department of Energy Secretary Steven Chu have promised that the Kemper Plant would be a shining model for new coal-fired power plants across the United States, as well as overseas," Miller said.

The Obama Administration recently announced new carbon-limiting rules on utility companies. Southern characterizes its corporate stance as climate-friendly, but told Reuters the new rules "essentially eliminate coal as a future generation option."

Jackson City Hall

The Mississippi Public Service Commission's Northern District Commissioner Brandon Presley issued the following statement about the approval of the state's first net-metering rule:

JACKSON, MISSISSIPPI - (December 3, 2015) – Today, the Public Service Commission unanimously passed a groundbreaking rule allowing net metering in the state. Net metering is the process by which individual utility customers who use solar panels or other renewable energy generators can sell back their excess power to the power companies. The electricity the customers produce can be placed back on the electric grid to offset what they otherwise would pay on their power bill.

In early January of 2011, the PSC initiated a study of the costs and benefits of net metering. Today’s decision is the culmination of nearly 5 years of work by the Commission.

“Mississippians are self-sufficient. They like to fix their own cars and grow their own food. They should be able to make their own power, too,” Presley said.

The rule requires that customers who produce excess electricity be compensated at the cost the utility will not have to spend each month, plus 2.5 cents for unquantifiable benefits. To assist low income customers, the Commission orders that each utility file a report on the feasibility of community solar by summer, 2016. Further, the first 1,000 low income customers will receive an additional 2 cents/kWh as a way of offsetting some initial costs. The order further protects consumers by establishing a joint working group to address all concerns raised in the docket. The effectiveness of the rule will be evaluated in 5 years.

“Passing this rule is a big step toward creating a solar market in our state; a step that could one day benefit all ratepayers. No one can predict what the cost of electricity or gas will be tomorrow but I can tell you that the sunshine will be free,” Presley concluded.

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