City Attorney 'in conflict' with Council seeking dismissal in Richard's trash lawsuit

Another Jackson City Council meeting, another spat between the council president and a member of the mayor's executive team.

During Tuesday's meeting, the council requested the Office of the City Attorney to seek a dismissal in the on-going lawsuit with garbage company Richard's Disposal, who is suing the city saying it was denied a long-term contract back in April.

City Attorney Catoria Martin, who advises both the City of Jackson and the council on legal matters, said she received a memo from attorneys John Scanlon and Deshaun Martin that argued for the dismissal. It's not clear on whose behalf the memo was sent. She said their memo lacks statutes or case law that would support their position to seek a dismissal.

"I am in conflict with this request," Martin said.

Scanlon and Deshaun Martin were the attorneys who represented the council earlier this year in its suit against Jackson Mayor Chokwe Antar Lumumba over which company would pick up resident's trash.

Ward 6 Councilman and Council President Aaron Banks quickly cut off Martin while she was trying to explain why she was in conflict with the request for a dismissal.

"I don't want anything to go on the record that has the city attorney going against what could be the vote of the city council," Banks said. "We are your clients. You advise us."

"Am I advising you of this or is another attorney advising you of this action?" Martin said in response. "I think we should put that in the record."

Martin continued saying that the city council has no authority to direct litigation, but only has the power to approve or disapprove settlement agreements.

Banks cut her off again, saying he wasn’t “going to allow our attorney to argue with its client.” He said he “didn’t want to go as far as saying there’s a level or there may be levels of distrust” on if the council has received proper guidance from Martin and her office.

“I don’t want to go there,“ Banks said. “If the majority of this council says ‘hey we feel like there should be a motion to dismiss,’ (then) the council has the authority to do that…This is a democracy, this is not a dictatorship.”

Banks continued saying that even if the council wanted to vote on the matter just so it could be reflected in the council’s minutes, then the council should have the opportunity to do so.

He also said he knows that some council members fear they don’t have proper representation from Martin and her office.

In the end, four council members, Ward 1 Councilman Ashby Foote, Ward 3 Councilman Kenneth Stokes, Ward 5 Councilman Vernon Hartley and Ward 6 Councilman and Council President Aaron Banks, voted in favor of requesting the dismissal, while Ward 2 Councilwoman Angelique Lee, Ward 4 Councilman Brian Grizzell and Ward 7 Councilwoman Virgi Lindsay abstained from the vote.

It was similar party lines that ignited the trash crisis in April when Jackson residents saw their garbage pile up on the streets for 17 days because council members couldn't agree on the mayor's pick of Richard's Disposal. Foote, Hartley and Banks were the three council members who voted against awarding Richard's Disposal a long-term contract. Lee, Grizzell and Lindsay voted in favor. Stokes was not in attendance at that April meeting.

This is the second meeting this month where Banks disputed with a member of the mayor's executive team. At the council's Nov. 7 meeting, Banks had a heated exchange with Safiya Omari, the chief of staff for Jackson Mayor Chokwe Antar Lumumba, over the topic of the city not paying bills on time or at all.

This article originally appeared on Mississippi Clarion Ledger: Council President, City Attorney spar over request to dismiss lawsuit