Whether state officials will have to release documents related to the Jackson airport takeover could be decided by a federal appeals court judge.
Attorneys for Gov. Phil Bryant appealed an order from U.S. District Court Magistrate Keith Ball requiring that certain documents related to the case be released to the courts.
At the heart of the matter is the state’s efforts to take over the Jackson-Medgar Wiley Evers International Airport.
In 2016, the Mississippi Legislature approved SB 2161, which would do away with the Jackson Municipal Airport Authority and replace it with a new board made up of state, regional and city of Jackson leaders.
City officials have long protested the decision and claim motives behind the takeover are race-related.
The airport is owned by the city of Jackson, a majority-black city, and is operated by JMAA, a five-member board with five African-American appointees.
SB 2162 was authored by a handful of white, Republican lawmakers.
To determine motives, attorneys for the city have asked that state officials involved in the passage of 2162 turn over all correspondence related to the bill’s passage.
Last fall, attorneys for the city subpoenaed eight lawmakers and Bryant for “any and all … email communications and text messages” related to 2162.
Earlier this year, Ball granted Jackson a partial victory to Jackson, saying that all related communications between the governor and third parties had to be released.
However, Ball sided with the governor, saying that privileged documents, or communications between the governor, his staff and lawmakers, could be sealed.
Bryant appealed the decision to the Fifth Circuit Court of Appeals and is asking the court to deny the motion to enforce the subpoenas.
State officials argued that releasing the documents could have a chilling effect on the state’s ability to discuss and craft laws.
The circuit issued notice that it had received case files in early August, according to docket records.
SB 2162 was authored by Sens. Josh Harkins, Dean Kirby, Philip Moran, Chris Caughman and Nickey Browning.
Under the bill, the new board would include two members appointed by the governor and one member each appointed by the Jackson mayor, the Jackson City Council, the Madison County Board of Supervisors, the Rankin County Board of Supervisors and the lieutenant governor. One representative each also would be appointed by the adjutant general of the Mississippi National Guard and by the Mississippi Development Authority.
By contrast, the JMAA board has five members, all of whom are appointed by the mayor and approved by the council.
The law also changed requirements for serving on the board. The governor’s appointees, for example, must have a “valid pilot’s license or certification issued by the Federal Aviation Administration.” Other commissioners must have experience in other fields, including accounting, financial analysis, executive management in business, aviation, economic development, commercial, construction or aviation law and other areas.
The only qualifications for current board members include living in the capital city.
The law was slated to take effect on July 1 of 2016, but the measure has been blocked by the courts and Federal Aviation Administration.
