Judge Wingate responds after hearing from JXN Water critics. Read the report here

After hearing concerns from residents and local organizations on the issue of transparency from third-party water administrator Ted Henifin and his team at JXN Water, U.S. District Court Judge Henry Wingate penned a scathing response on July 21 calling the critics "uninformed" and "racist."

"This court expected the speaker-attendees to come armed with quantifiable facts, fair assessments of progress thus far, and reasonable expectations for the foreseeable future. Not so! Overall, the presentations from Henifin’s critics were either uninformed, short-sighted, clearly political, well-intentioned but naive or ... racist," writes Wingate, who is Black.

The two-day hearing saw numerous organizations explaining concerns such as the need for quicker and more information regarding the status of repairs of the water system, whether or not they can trust if the water is safe to drink, confusion over the billing system and issues with communication from JXN Water's call center and Henifin directly.

There were also calls to replace Henifin with an African American who could be more in tune with the needs of the community. Some organizations also accused Henifin of only hiring white employees. Henifin denied this claim at the hearings, saying of the 20 JXN Water employees 18 are Black. Wingate mentions that in his response.

660602007 Wingate Order by USA TODAY Network on Scribd

Wingate agreed with the critics on two points: Henifin is white, and he is not a Jacksonian or a Mississippian.

He wrote the critics "victory on these two insignificant points have blinded them to his color-blind passion for his mission and his success thus far over the very short time he has been on the job." Henifin took control of the water system on Nov. 29, 2022.

"They did not quarrel with Henifin's qualifications. They did not question his resolve or commitment. They did not dispute the overall progress he has engineered in the few months he has been on this mission," the judge writes.

In the beginning of his response, Wingate shared his admiration of Henifin for fixing what he calls "the leak," a water pipe near the old Colonial Country Club that, for seven years, was spewing over 5 million gallons a day — enough to serve the daily needs of 50,000 residents and costing the city a total of $16.8 million in lost water revenue until it was fixed.

The city has said they didn't know about the leak or the length of time it had been persisting

"This accomplishment, ALONE, should elevate Henifin and his dedicated crew to heroic status, but the staunchest of his critics can only see race and outsider prejudice," Wingate wrote. "'Ted is white,' they protested. Jackson, they said, is more than 80% African American. As such, they reasoned, Jackson should have its water savior an African American and, more, someone from Jackson itself."

Wingate denounced the critics for the "inexcusable impact of these racially-charged words uttered in a deep-South state they have attacked all their lives for racism."

"Lady Justice must have experienced a stabbing pain from these dagger-like words which are so reminiscent of times when African Americans have been on the receiving end," Wingate wrote.

He called out the critics for not having any experience in water management, nor any "logical rational" as to why an African American would be better suited to take Henifin's place.

"Jackson is better than that," Wingate writes.

History of crisis: Jackson water crisis flows from a century of poverty, neglect and racism

Wingate defends Henifin over 'transparency,' new call center and fire hydrant concerns

During the two-day hearing, Wingate asked how Henifin could be more transparent. In his response letter Wingate wrote that no-one could do so. Henifin has "endeavored to be visible, accessible and transparent to the public," since the judge signed the stipulated order in November 2022.

Wingate attached a list of 33 occasions when Henifin has spoken at public events to his response letter.

The judge also defended the decision to move the JXN Water call center to Pearl in Rankin County. Critics complained it should still be located within Jackson city limits.

Henifin has said he decided to contract the call center to a Mississippi-based company, Protel Inc. Previously, it was manned by Jackson city employees.

Wingate wrote that the statistics speak for themselves: From June 5 — the day Protel took over — to July 8, the call center has had over 10,000 incoming calls, an average of 300-plus per day. The average wait time was 1 minute and 45 seconds and the average talk time was 3 minutes and 35 seconds.

When the city was in charge of the call center, it was a much different story, Wingate writes.

"For the period of March 1 to April 1, the call center received approximately 682 calls per day. The average wait time was 4 hours and 9 minutes. Over 30% of the calls were abandoned after the callers were placed on hold longer than 10 minutes," Wingate wrote. "What troubling statistics!"

The judge also touched on criticisms Henifin faced from two deputy chiefs with the Jackson Fire Department at the hearings. They expressed issues over the lack of communication from JXN Water on who is in charge of testing the city's fire hydrants. They also blamed a fire that had occurred at a Jackson residence on Henifin because the nearest fire hydrant wasn't marked properly as "dry." Henifin denied that the fire hydrants were "under his watch."

But Wingate wrote that when he asked one of the firemen questions about how many fire hydrants are located in the city, how many are tested each year, how many on average are malfunctioning and if he had any documentation to support his claims that Henifin was to blame, "He could not provide any satisfactory answers."

He also praised Henifin for his hiring of Wachs Water, which was able to provide data to answer some of the above questions and also created a fire hydrant mapping system.

"Tellingly, while the City originally estimated that the City contained some 4,500 hydrants in its system, Wachs has identified nearly 8,000 hydrants to date. The mapping effort is ongoing. Henifin currently is endeavoring to collaborate with the JFD on marking and inspecting the City's many fire hydrants. Henifin's efforts are making a difference Jacksonians should appreciate," Wingate writes.

Water quality report: JXN Water also released first community update video. Watch here

Wingate defends Henifin's JXN Water employees

Several organizations also questioned the pay raise that was given to JXN Water's chief operating officer and "second-in-command," Jordan Hillman. They said she is now being paid 300% more than when she worked for the city as the director of public works.

Wrong, Wingate wrote. Hillman received a 185% raise, which the judge signed off on himself. Henifin defended this decision as well during the hearings. Choking back tears when talking about all the work Hillman has done thus far, Henifin said she "earns every penny."

Wingate also criticized the city for not guaranteeing that all of JXN Water's employees will be rehired once the job is finished and the water system is put back in the city's hands.

"One would reason that the City would be delighted to rehire all of these employees, who would have acquired more specialized experience. But, alas, the City marches to a different tune," the judge writes.

In closing

At the end of his response, Wingate writes that the court is not trying to "deter knowledgable and honest criticisms of the ongoing efforts to combat the water crisis."

He states that some of the critics proposed suggestions are currently being implemented by Henifin and his team, including plans to publish a city map with details of areas where pipes are being addressed, a schedule of when future areas in the water system will be repaired, more meetings with the public to answer questions, as well as offering in-person and virtual tours of Jackson's water plants.

"Henifin has complied in every respect with the duties expected of him by this court," Wingate writes.

The judge's closing remarks are as follows:

"This court and Henifin recognize the gravity of this monumental undertaking. Intertwined with the challenge of repairing a long-broken water system, which will not be remedied overnight, we are faced with the challenge of creating confidence in Jackson's water. Diligently we are working towards these ends."

This article originally appeared on Mississippi Clarion Ledger: U.S. District Court Judge Henry Wingate is standing by Ted Henifin