Jackson Free Press

The United Nations’ Working Group of Experts on People of African Descent visited Jackson in late January. Read a column by human-rights attorney Adofo Minka on the significance of their work. Here are the group's initial findings:

WASHINGTON D.C. (29 January 2016) - The Working Group of Experts on People of African Descent thanks the Government of United States of America for its invitation to visit the country, from 19-29 January 2016, and for its cooperation. This visit is a follow up to the 2010 visit of the WGEPAD and includes other cities. We thank in particular the Department of State for arranging the visit and the local authorities who met with the Working Group during our visit to Washington D.C., Baltimore, Jackson-Mississippi, Chicago and New York City. We would like to give special thanks to the hundreds of civil society representative organizations, lawyers and individuals from the African American community for sharing their concerns and recommendations with our delegation. We also thank numerous human rights defenders and activists who reached out to us from other parts of the country that we could not visit.

The Working Group regrets that it did not receive access according to the terms of reference for special procedure mandate holders to visit Mississippi State Penitentiary Parchman. It also regrets that it was not possible to meet with all of the high level state and local level authorities requested.

The views expressed in this statement are of a preliminary nature, our findings and recommendations will be presented in our mission report to the United Nations Human Rights Council in September 2016.

During the visit, the Working Group assessed the situation of African Americans and people of African descent and gathered information on the forms of racism, racial discrimination, xenophobia, Afrophobia and related intolerance that they face. We studied the official measures and mechanisms taken to prevent structural racial discrimination and protect victims of racism and hate crimes as well as responses to multiple forms of discrimination. The visit focused on both good practices and challenges faced in realising their human rights.

We welcome the work of the Civil Rights centers, in all Government departments, and the Equal Employment Opportunities Commission that implement the Civil Rights legislation through investigation of complaints, litigation, issuance of guidance and remedies including compensation.

We also acknowledge the work of the Department of Justice Civil Rights Division regarding access to justice, investigations of excessive use of force by the police and patterns of discrimination.

We welcome the recent steps taken by the Government to reform the criminal justice system and combat racial discrimination and disparities through the following initiatives:

• The Fair Sentencing Act.
• The Justice Department's "Smart on Crime" initiative.
• The report and recommendations of the Task Force on 21st Century Policing to strengthen community-police relationships across the country.
• The new Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, Or Gender Identity
• The Guidance for consideration …

Bert Case has died.

He started in TV at WAPT before going to WLBT-TV for 40 years.

In 2014, Case rejoined WAPT.

Case, who would have been 77 this weekend, had been hospitalized since the fall.

Get more details about Case on WAPT.com.

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Mayor Tony Yarber, a former principal, issued the following proclamation for School Choice Week in Jackson:

RESOLVED, by the Mayor of the City of Jackson, Mississippi that: WHEREAS, all children in Jackson should have access to the highest- quality education possible; and

WHEREAS, Jackson recognizes the important role that an effective education plays in preparing all students in Jackson to be successful adults; and

WHEREAS, quality education is critically important to the economic vitality of Jackson; and

WHEREAS, Jackson is home to a multitude of high-quality traditional public schools, public magnet schools, public charter schools, and non public schools from which parents can chose for their children; and

WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and

WHEREAS, Jackson has many high-quality teaching professionals in traditional public schools, public magnet schools, public charter schools, and non public schools who are committed to educating our children; and

WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools, and organizations to raise awareness of the need for effective educational options; and

NOW THEREFORE, I, Tony T. Yarber, Mayor of the City of Jackson, do hereby recognize January 24- 30, 2016 as SCHOOL CHOICE WEEK, in the City of Jackson, Mississippi, and urge all citizens to observe this week.

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Roy McMillan has died after a long illness, the Clarion-Ledger reported.

Frequent visitors to Fondren know McMillan as the brash, fedora-wearing, fetus-sign waving anti-abortion protester near the Jackson Women's Health Organization.

A bit of history on McMillan:

In 1995, a federal court ordered McMillan to stay 50 feet away from the clinic for violating the Freedom of Access to Clinic Entrances Act, enacted in 1994 after Dr. (David) Gunn's murder in Pensacola. According to court records, on May 3, 1995, McMillan made his hand into the shape of a gun and told clinic employees: "Y'all look like a bunch of birds on a telephone wire waiting to be shot off by a man with a shotgun...Pow, pow, pow, pow."

McMillan pickets the clinic each day they see patients by displaying signs that carry pictures of fetuses and messages equating abortion to genocide. He and his wife, Beverly, an OB/GYN and former abortion doctor, also oppose all hormonal birth control including the pill and the morning-after pill.

He told the Jackson Free Press that meeting Beverly in 1982 is how he became involved in the pro-life movement.

JFP reporter Casey Parks wrote of McMillan: "He was reluctant to even join the mission. He thought Beverly was cute and smart when he saw her speak, though, so he asked her on a date. She thought he was charming, and they quickly married.

The pro-life movement inundated the husband's life as the wife spent most of her weekends speaking around the state. He joined the pro-life movement rather halfheartedly—he agreed to oversee one of the pro-life publications. His master's in journalism from Columbia University would come in handy, he thought, and besides, he wanted nothing to do with sidewalk counseling or protesting. When a colleague suggested that Roy go out to the clinic to take some action photos, Roy got a little nervous."

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The U.S. Department of Health and Human Services made the following announcement:

Since Open Enrollment began on November 1, about 8.8 million consumers signed-up for health coverage through the HealthCare.gov platform or had their coverage automatically renewed, including 97,909 Mississippi. Today’s enrollment snapshot includes the number of people who selected a plan or were automatically reenrolled within local media markets. This localized data provides another level of detail to better understand total plan selections within local communities. As of January 16,

9,186 consumers in the Biloxi-Gulfport local media market area selected or were automatically enrolled in a plan 13,046 consumers in the Columbus-Tupelo-West Point local media market area selected or were automatically enrolled in a plan 6,748 consumers in the Greenwood-Greenville local media market area selected or were automatically enrolled in a plan 38,481 consumers in the Jackson, MS local media market area selected or were automatically enrolled in a plan

“As expected, consumer interest is beginning to increase again as we near the deadline for 2016 coverage,” HHS Secretary Sylvia Burwell said. “We know we have more work to do and as we count down to the January 31 final deadline, we’re focused on making sure consumers understand that they must act soon to find affordable health coverage and avoid the fee for choosing to not have health insurance in 2016. Consumers should know that we’re here to help 24 hours a day, 7 days a week.”

Open Enrollment for 2016 coverage through the Health Insurance Marketplace began Nov. 1, 2015, and runs through January 31, 2016. Consumers who enroll by January 31 will have coverage effective March 1. Having health insurance when you can afford it is now the law. If someone chooses not to buy health insurance and could afford to do so, they are at risk of paying a fee of $695 or more. Consumers are encouraged to visit HealthCare.gov to review and compare health plan options and find out if they are eligible for financial assistance, which can help lower monthly premiums and reduce out-of-pocket costs.

The following is a verbatim press release from the Jackson airport:

Jackson, Miss. – At the Regular Meeting of the Board of Commissioners for the Jackson Municipal Airport Authority held earlier this month, the Board of voted to engage the services of W.T. Consultants.

As the official lobbyist for the Jackson Municipal Airport Authority, Worth Thomas, along with the W.T. Consultants team will monitor and track all state and municipal legislation impacting the Jackson Municipal Airport Authority. Additionally, W.T. Consultants will coordinate communications with legislators and other officials concerning impacts to the economic development of the JMAA enterprise including the Jackson Medgar Wiley Evers International Airport and Hawkins Field Airport.

“We are most excited about the addition of Mr. Thomas to our legal team”, said Perry J. Miller, Chief Operating Officer for the Jackson Municipal Airport Authority. “The gravity of his experience is an added value in assisting us to meet our legislative goals in support of our enterprise."

Established in 1996, W.T. Consultants has been engaged in lobbying and business consulting with congressional, state, municipal and other local entities. The firm has been in good standing with the State of Mississippi as a registered lobbyist and has established bi-partisan relationships with government and legislative officials including the Mississippi House of Representatives and the Mississippi Senate.

The following is a statement from Justice Kitchens' campaign:

Justice Jim Kitchens of Crystal Springs was the first candidate to file papers at the Secretary of State’s Office for the 2016 election when he qualified to seek election to a second term on the Mississippi Supreme Court this morning. Four seats on the nine-member court will be on ballots throughout the state for the November 8, 2016, election.

Although state judicial candidates run in nonpartisan elections, the Supreme Court contests will be on the same ballots as the presidential and congressional races.

Kitchens, a Copiah County resident, runs in the state’s Central District, which is comprised of twenty-two counties. This year two of the high court’s seats will be in play in the Northern District, and one in the southern District.

“Although there was no doubt in my mind that I would run again, it’s official now,” Kitchens said. “Today I filed my qualifying papers with the Secretary of State and paid the required fee. This was the earliest possible date on which I could sign up to run in the 2016 election. I am grateful for the encouragement I’ve received from everyday people and from attorneys in all segments of the Bar. I plan to continue devoting myself to making sound legal decisions on our state’s highest court because I am keenly aware that those decisions affect the lives of every man, woman, and child in Mississippi.”

A graduate of the University of Southern Mississippi and the University of Mississippi School of Law, Kitchens is a lifelong resident of Crystal Springs. Before seeking election to the Supreme Court, he practiced law for forty-one years, nine of which were spent as District Attorney for the 14th Circuit Court District. He and his wife, Mary T. Kitchens, have five adult children and eleven grandchildren, all of whom live in Crystal Springs. Mrs. Kitchens, a retired public school teacher, is the executive director of Mississippi’s Toughest Kids Foundation.

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The following is a verbatim statement from the Jackson City Council:

STATEMENT FROM THE JACKSON CITY COUNCIL

REGARDING INDIVIDUAL COMMENTS MADE BY COUNCILMAN KENNETH I. STOKES

Jackson City Council members reject Councilman Kenneth I. Stokes’ statements regarding violent acts against Law Enforcement

(Jackson, Miss.) –The following recent comments made by City Councilman Kenneth I. Stokes regarding high speed chases which enter the city limits of Jackson and potential acts against law enforcement, Jackson City Council members have collectively stated that Councilman Stokes' comments do not represent the Jackson City Council or the City of Jackson. In response to news of Councilman Stokes’ comments, City Council President Melvin Priester Jr. (Ward 2) said, “As President of the City Council I can say unequivocally that Councilman Stokes' comments are indefensible and do not represent the Jackson City Council or the City of Jackson. Following Councilman Stokes' comments, I have spoken personally with the other members of the council and we are in agreement that the Jackson City Council does not support any calls for acts of violence against those who serve as members of law enforcement.

Councilman Priester stated further, “Moving forward, it is imperative that we renew our efforts to work with surrounding communities to find common ground regarding regional pursuits and the safety concerns posed by high speed chases in the metro area. I hope that Councilman Stokes’ unfortunate and unacceptable words do not prevent us from achieving an effective regional pursuit policy throughout the metro area. The safety of the citizens of Jackson and the safety of those who work tirelessly to serve and protect is of utmost importance. While concern may be voiced over high speed pursuits within city limits and the legitimate danger they pose to innocent by-standers, such concerns do not justify calling for violence against law enforcement.”

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Jackson Zoo officials have announced that a pack of feral dogs killed a gazelle and five springbok. Two geese were also hurt. The following is a verbatim description of the incident from the zoo:

Zoo staff discovered the animals had been attacked early Friday morning, and began to take measures of contacting Animal Control and catching the dogs before they attacked any other animals or escaped off property. The Zoo captured four of the five feral dogs believed to be involved in the accident. One dog escaped the premises; along with another dog spotted in the adjoining cemetery, not presently linked to the attack. None of the five medium size mixed breeds were wearing a collar for identification.

"This is a sad day, and the hardest thing about it is it didn't have to happen. The entire zoo's animal care staff work very hard to give the best care to the collection of animals here at the zoo, and to have them killed this way is tragic,” Zoo Director Beth Poff said, “There are people out there who have not taken responsibility for their dogs, and unfortunately we all have to suffer the consequences."

The Zoo lost 5 Springbok and 1 Addra Gazelle from its’ African Savannah area. Both species are part of antelope-gazelle family found in parts of Africa. The two spur-winged geese that were injured have been taken to the Zoo’s Animal Hospital for care.

Through a preliminary investigation there has not been a point of entry found on the fence line. The investigation continues as to where the dogs entered and one dog escaped the premises. The fence line is walked weekly to check for openings where dogs or other predators could enter.

The Zoo has 24-hour security, which has called Animal Control for dog sightings on zoo property eight times in the last five months, only three dogs have been captured from these calls.

Jackson Zoo staff continues to be vigilant in sighting loose dogs and monitoring the containment fences that surround the property. The zoo has contacted the City of Jackson today for assistance in containment, especially around possible drainage areas under the fence line.

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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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A real-estate website called Estately figured out the most Googled words for each state.

Apparently, the No. 1 search term for Mississippi was Ashley Madison, the online secret smash site for married folks that got hacked this year. I won't link to it here because I don't believe in pouring salt on wounds.

Plus, let's be honest, you probably already have it (so does Santa).

Other top hits for the Magnolia State included "Straight Outta Compton," the 2015 biopic about a Starter apparel loving musical group from Los Angeles, presumably due to the enduring popularity of the Jheri curl in some parts of Mississippi.

Also, the U.S. Supreme Court was popular because that's where most of the laws our Republican legislators pass eventually end up.

B.B. King for obvs reason none of which have anything to do with restaurants on Farish Street.

FOX news Megyn Kelly was another hot topic here. So was booty.

Rounding out the list were Bobbi Kristina Brown (daughter of singer Whitney Houston, who passed away in 2015) and Common Core State Standards Initiative.

It's interesting to note that given the fact that 2015 was an election year, none of the top search terms had anything to do with our political races.

In other words, booty was more popular "Phil Bryant," "Tate Reeves" or "School funding."

Marinate on that.

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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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From the office of the Mayor Tony Yarber:

Motorists are advised of road conditions on the east bound lane of Woodrow Wilson Drive, heading toward Interstate 55. There was a break on a 36-inch water line in the area. The City's team is assessing the condition of the site continuously to keep it safe for motorists. However, if possible, motorists may want to select an alternate route.

An emergency declaration was signed to expedite the process of securing a consultant for design and construction. That process can take up to several weeks, but we’re now finalizing an agreement with an engineering firm to begin design work.

The water main has been left active because it is serving critical facilities. At the same time, city engineers are working to design the repair, which is more involved because of the location, the materials for the pipe and the laying conditions. This project requires a custom built new pipe as the break occurred on a 36-inch water line constructed in the 1960s. The repair cannot be made in house. The pipe needs to be encased, requiring engineering design and a contractor.

The City's team is assessing the condition of the site continuously to keep it safe for motorists. As soon as the design is completed, the city will receive quotes to get a contractor mobilized to make the repairs.

The following delicious news release is printed here verbatim:

Brenham, Texas, November 24, 2015 – Blue Bell Ice Cream will be available in Louisiana and Jackson, Miss., and its surrounding areas beginning Dec. 21. This is the second-to-last phase in the company’s five phase market re-entry plan.

“We are excited to announce phase four and look forward to expanding our distribution area,” said Ricky Dickson, vice president of sales and marketing for Blue Bell. “Our customers have shown great patience over the past several months and we cannot thank them enough.”

To begin phase four, Blue Bell will bring back 115 of its employees who were put on paid furlough earlier this year bringing the total number to approximately 1000 company-wide.

November has been busy for Blue Bell. At the beginning of the month the company entered phase two, less than two weeks later it announced phase three will begin in mid-December and its Brenham, Texas, production facility began making ice cream again on Nov. 18.

“We have made great strides over the past month,” Dickson said. “Our next big step is the phase three entry on Dec. 14. With the reopening of our Brenham plant in November, we are able to build enough inventory to enter phases three and four before the end of this year. Also, this will allow us to expand our flavor selection.”

For now Blue Bell is producing five flavors of ice cream in the half gallon and pint sizes: Buttered Pecan, Cookies ’n Cream, Dutch Chocolate, Homemade Vanilla and The Great Divide. More flavors will be added in the future. 12-pak Homemade Vanilla Cups and 12-pak Homemade Vanilla and Dutch Chocolate Cups are also available in stores.

For more information and to find out where Blue Bell is available visit bluebell.com.

From the Mississippi state Auditor Stacey Pickering:

JACKSON, Miss. –Roderick Nicholson, Mayor of Terry, pled guilty to five counts of embezzlement, and advised the court he would resign from his position as Mayor of Terry effective immediately.

From January 2011 through December 2012, the Mayor made personal credit card payments using the Town of Terry’s funds, as well as submitting false bills to be paid by the Town of Terry.

“Considering the size and limited budget of the town, this case is even more egregious,” said State Auditor Stacey Pickering. “My office has already issued a demand to the Mayor in the amount of $56,966.27, and I look forward to returning the money to the Town and justice being served in this case.”

Mayor Nicholson was arrested by Agents from the State Auditor’s Office in March for driving the Town of Terry’s vehicle to his federal job.

Circuit Court Judge William Chapman ordered Nicholson to be held in custody until sentencing December 7, 2015.

Jackson City Hall

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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Dick Hall, the Central District commissioner to the Mississippi Transportation Commission, had a little surprise for Jackson Mayor Tony Yarber today.

Well, not exactly little.

It was a $3 million check for Mill Street reconstruction. Hall grew up in Fondren and said he wanted Mill, which runs from downtown northward to Fondren, to be restored to its heyday.

The presentation came at the end of a press conference to announce at $16.5 million federal DOT grant to Jackson for a North State Street project, from Sheppard Road to Hartfield Street. The project will also include a portion of West County Line Road in the Tougaloo community.

Yarber said both the North State Street and Mill Street projects are part of the 1-percent sales tax master plan, which he said would free up funds for other projects in the plan.

The fund currently contains approximately $21 million; Yarber said his administration expects to recommend a project manager to the city council in the next few weeks.

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The following is a verbatim statement from former Mississippi Gov. Haley Barbour:

Advocates of the proposed constitutional amendment known as Initiative 42 have twisted a passage in my 2007 State of the State address to mislead voters into believing I support their very harmful ballot measure. Not only am I against Initiative 42, I strongly urge all Mississippians to vote “against both” measures on the November ballot.

When I spoke to the Legislature in January 2007, our state had turned the corner in the Katrina recovery: The federal government had been extremely generous with disaster assistance legislation; state tax revenue had exploded as tens of thousands of homes had been rebuilt or repaired; casinos that year would have an all-time record gaming haul; all of which produced the highest state tax revenue in our 188-year history. Further, our country was in the sixth year of consistent economic growth and low unemployment.

Based on those facts I proposed record funding for our K-12 schools, a funding level that met the Mississippi Adequate Education Program (MAEP), as well as increased state funding for higher education. The money was there to spend at those levels, and everyone expected state revenue to increase in the coming years.

Yet the country began a deep recession in late 2007, which lasted nationally until mid-2009.
During the Great Recession, Mississippi’s general fund revenue came in $197.1 million or 1.67% below estimates in FY 2009 and a whopping $452 million or nearly 9.5% below estimates in FY 2010.

As Governor I had to reduce spending across the board in FY 2010 by 9.4% in order to meet our requirement of having a balanced budget. Consider the consequences if Initiative 42 had been the law at that time: Instead of all departments and agencies sharing in the 9.4% cut, K-12 (which absorbs about 40% of our state’s general fund budget) would have been exempt from cuts, and every other function of government – universities and community colleges, mental health facilities, and public safety – would have had to be cut nearly double, or approximately 18%.

As this recent history shows, Initiative 42 is terrible as a practical matter because it ties the Legislature’s hands and jeopardizes funding for other critical areas of state government.

It is also awful public policy because it totally eviscerates the constitutional system of separation of powers that has been fundamental to American government since 1789.

Initiative 42 would usurp the setting of K-12 education policy and budget, taking it away from the Legislature and Governor – elected by all Mississippi voters – and give it to the judicial branch; indeed, to one chancery judge, elected by one-fourth of the voters in Hinds County.

While advocates of judicial policymaking and budget setting say that one judge’s decisions would be appealable to the State Supreme Court, how is it a good idea to allow judges – elected for their judicial temperament, legal knowledge and ability to apply law to facts – …

From the office of Mayor Tony Yarber:

The City of Jackson urges citizens to complete a new survey that will help the city move forward with its open data initiative.

Last month, Mayor Tony T. Yarber signed an executive order that will pave the way for a city government that’s more open, transparent and data driven. This concept was centered on the city’s engagement with Bloomberg Philanthropies’ What Works Cities initiative. As a part of that initiative, Jackson is committed to releasing key data sets within the city to its citizens, businesses, and organizations. The goal is to make constituents more informed about what’s occurring within the city. A survey seeking public feedback has been made available on the city website at www.jacksonms.gov or by clicking this link: bit.ly/1Mdeku7. Copies also will be available at public libraries and community centers.

We’re encouraging citizens to take the time to fill out the survey so the city can identify the sets of data most important to constituents.

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