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Case 3:12-cv-00790-HTW-LGI Document 67-2 Filed 09/29/23 Page 305 of 483

COMMENTS
ON
CITY OF JACKSON SEWER CONSENT DECREE

I served as Mayor of the City of Jackson for three terms (1997-2005 and 2009-2013). Between
1997 and 2011, the City expended approximately $225,000,000 on water and wastewater
improvements, with the vast majority of the expenditures being paid for by ratepayers.
Approximately $75,000,000 was for wastewater improvements.

These local government expenditures were made not only to improve the quality of life of
Jackson residents, but also to carry out the responsibility of local government to comply with
the policy mandates of the federal government; namely the Safe Drinking Water Act and the
Clean Water Act. The imposition of mandated compliance with these policies without
appropriate federal funding assistance has long been a point of contention between the federal
government and resource-poor local governments. The $600,000,000 recently allocated by the
federal government to make improvements to the City of Jackson water system is a
commendable step in addressing this critical issue.

However, I have watched with a degree of disgust as the mandated responsibility of duly
elected local officials and the control of the resources to carry out mandated federal
government policies have been placed in the hands of a single, appointed individual. The right
to vote to elect public officials to oversee the affairs of local government was not available to a
great majority of the citizens of Jackson a few decades ago. This basic tenet of democratic
government has been set aside by the creation of Jxn Water. And now, the federal government
is contemplating the same for making improvements to the sewer system.

The 2013 consent decree was negotiated during my administration; so, I fully understand and
appreciate the need for its successful implementation. I realize that if the implementation
schedule is not working, some modifications to the 2013 decree must be made. However, I do
not agree with the “infrastructure czar” model as an implementation strategy. Duly elected
officials must be involved in the process, since voters will ultimately hold them accountable.

The expenditure of the $600,000,000 on water system improvements, and the expenditure of
untold millions on sewer system improvements over the next 10, 15, 20 years represent an
economic development opportunity that must not exclude local residents and local businesses,
particularly black-owned businesses. It would be a travesty for a population that is 80% black,
and over 25% impoverished, not to receive some economic benefit. An Equal Business
Opportunity program, similar to the one that was in place when the fore mentioned
$225,000,000 was expended on infrastructure improvements, must be put in place, no matter
what implementation model is pursued for sewer system improvements. And, a skills training
component for local residents should also be considered. Similar efforts need to be established
for improvements funded through Jxn Water.

Submitted By: Harvey Johnson, Jr.

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