On a personal note.

I am so grateful to have been a part of the Change Memphis program. Over the past five months, I have had the privilege of being the Organizing Coordinator for Change Memphis, a campaign experience unlike any other, I have been involved with. In this campaign, we target not the most likely voters but the unlikely. We target the precincts that are low turn out, lower income, and all to frequently ignore by campaigns that cannot afford the time to cover those areas where few likely voters are to be found. 

I want to take this time to say that this has been a very rewarding experience, the people in these neighborhoods were for the most part friendly, interested and surprisingly politically insightful. They knew things about this city, that alot of "really smart experts" have missed. They were not unlikely voters..they were voters who nobody ever asked to vote. We registered over 1500 new voters , mostly from areas like these. They want to vote, they just need someone to give them a chance. 

Lemme tell you a story... or two.

I was going door to door, trying to register voters, in the Brown mall section of Vance-Orlenes area. I decided to try and get a feel for the neighborhood. So I went to the stores, stopped by a church fish-fry and yard sale.

At the yard sale, I passed out some CM lit and spoke to them about the Charter amendments. Most of the people were..older, so my natural impulse was to go to them first. But, there was also a small trio of young women sitting in the shade of the Church. There was a volunteer for another campaign there,who, rushed right past me handing out buttons, and her instincts also told her to go to the older women first. So she walked right past the trio,and made a b-line to the older women. I did not want to crowd the ladies, so I decided to talk to the trio. Their anger surprised me, they not only knew why the other volunteer had ignored them, they also knew why. "Yeah, the old folks vote...they don't do nuthin but watch the news, so of course they gonna vote. What she needed to be doing was talkin to us. Were the ones who are gonna win this election. They need to understand and do better!" The tall tomboyish one passionately stated, "Shit, we are about to head to the polls in a minute, but she just ...wrote us off, without saying nothing."
Her friend complained. 

So I spoke with them and let them vent to me for about twenty minutes, and they thanked me for it. I understood not only what this campaign was, but I think for the first time, I truly understood the why. It's about them,those three girls who everyone has written off. No one ever tried to register them before. We don't fund their schools, police do not keep them safe from crime, or drugs. Hell, I have canvassed at least two crack houses, walked up on a "corner" and did not realize it....at first. Had a religious debate with a woman, drinking a forty with a gun on her hip. So after all this, these young girls are expected to think their vote counts?...and yet despite this........THEY DO WANT TO VOTE! THEY JUST NEED TO BE TREATED WITH SOME RESPECT. 

I was also trying my best to reach out to the Berclair neighborhood, an area with blacks, whites, and latinos...and growing tensions. I found a Seniors group at the local community center, and spoke at a meeting of over seventy elderly residents.

Later that week, one of the ladies called me at the office. She did not have a question about the Charter amendments, but instead wanted to know about a court case she was involved in. She had evicted a tenant and sued for damages. She had not had any contact with the courts for sometime, and had lost her paperwork, and did not know what was going on. So, for some reason she decides to call me. So I tried to calm her down, and took her information down , called General Sessions, and got the information for her and explained who to call about these things and gave her all the information I managed to find. It was nothing complicated, or sensitive. She could have done it herself,but she just did not know where to start. This also drove home to me what this campaign is all about. Most people do not know how government works, and local government is a real mystery to most people. They know the names, but not the policies. It's our job as progressives to make sure this kind of information is out there. Not trying to convince or con people, but by giving them the tools to make their own choices, and trusting democracy enough to believe that they will make the right ones.

I have had a great time...well...no...it's been brutal and hard....and I lost my temper alot.......but really great too.

Brad Watkins, Organizing Coordinator

White Power Conference to be held right outside Memphis

Friends,

We have learned that David Duke and other White Power groups are holding a conference near Memphis on November 7-9. The location is the Whispering Woods Conference and Retreat Center, located at the intersection of Hacks Cross and Goodman Roads in Olive Branch, literally just over the state line. Whispering Woods claims that they were tricked into signing a contract to host this White Power Conference, and cannot get out of it without risking a million dollar lawsuit.

Please call Whispering Woods now and let them know that while canceling the contract might result in a lawsuit, that the local business they will lose if they host this despicable group will be even greater. Please call Whispering Woods at 662.895.2941, or email tmurray@wwconferencecenter.com, and ask to speak to their General Manager Travis Murray. Thank you. It is important that we stand up and say that racists and bigots are not welcome in our community.

In Peace,
Jacob Flowers
Director
Mid-South Peace and Justice Center
1000 S. Cooper St.
Memphis, TN 38104
o 901.725.4990
c 901.517.8689
jacob@midsouthpeace.org
www.midsouthpeace.org

Stand Up Against Voter Disenfranchisement in TN

ChangeMemphis, a coalition voter education effort of the Mid-South Peace and Justice Center, New Path Memphis and Concerned Memphians United, is working to alert residents of Shelby County to problems with voter registrations. In a controversial move, the Tenn. State Coordinator of Elections, Mr. Brook Thompson, has ruled that any voter registration form that does not include the full nine digits of a person’s Social Security number will be rejected. We are asking that our state legislators and community members contact Brook Thompson at the Tenn. Election Commission, at (615) 741-7956 or by e-mail at brook.thompson@state.tn.us.

Hundreds, if not thousands, of people across the state of Tennessee have registered using the last four digits of their Social security number due to concerns about identity theft and rights to privacy. The Federal Trade Commission reports that in 2006 alone more than 3,700 Tennesseans were victims of identity theft. In a recent example, the Social Security numbers of more than 337,000 voters were stolen from the Davidson County Election Commission.

ChangeMemphis strongly disagrees with Mr. Thompson’s ruling and is working to challenge this violation of the public’s right to privacy. Brad Watkins, Organizing Coordinator with the ChangeMemphis Coalition stated, “ We do not understand the reasoning behind denying these citizens the right to vote. The last four digits of your Social Security number is accepted in both Mississippi and Arkansas, our closest neighbors, as well as under federal law. So we know there’s no reason why Tennessee needs all 9 digits to properly identify voters and prevent fraud.

The point of Social Security info is to distinguish between different individuals with the same name and this purpose is served when the last four digits are given. But because of the frequency of recent high-profile reports of identity theft, some voters are understandably reluctant to provide their full Social Security number to anyone. Requiring the full Social Security number unnecessarily hinders voter access to registration. This is troubling anytime, but particularly where, as here, the legitimate purposes for requiring Social Security info seem to be equally served by allowing the last 4 digits.

Furthermore, we believe that this strict interpretation of state law is yet another tactic of voter disenfranchisement used against impoverished and at-risk voters in Tennessee. We are asking our community members and elected representatives to contact Mr. Thompson now and urge him to let every eligible Tennessean vote and to let people register with the safer method of listing only the last four digits of his or her Social Security number. Contact Brook Thompson at the Tenn. Election Commission, at (615) 741-7956 or by e-mail at brook.thompson@state.tn.us. Community members may also contact their local election commissions to inquire about this issue and encourage their local election commissioners to call Mr. Thompson.

In Peace,
Jacob Flowers
Director
Mid-South Peace and Justice Center
1000 S. Cooper St.
Memphis, TN 38104
o 901.725.4990
c 901.517.8689
jacob@midsouthpeace.org
www.midsouthpeace.org

THE GHOST OF AMENDMENT'S PAST....

It's always something is'nt it....

As I seem to keep telling people Change Memphis is about raising awareness about the potentially serious changes to the city and county governments via the Eight Charter Amendments on the November ballot. I am proud of the my involvement in this campaign, and incredibly proud of our hard working volunteers. Now I freely admit that there were sexier campaigns to work on this year. I could have joined my good friend Rick Maynard and worked for a great Congressman in Steve Cohen. I could have worked to help the Tuke campaign to unseat Lamar Alexander.I could be volunteering for Paul Shaffer in his bid for City Council. I could have joined in the Obama campaign as it evolved into a nigh-movement for positive change...but instead I joined a very unsexy campaign about voter registration/education, about...ballot initiatives....very unsexy indeed. Now it's no secret that ballot referendums are the red haired stepchildren of politics, and most people ignore them...often at their peril, but they ignore them all the same. So why bother?...why work myself, to say nothing of my interns to death over an unglorious campaign?....Well the fact is that someone needs to do it. there are plenty of good, smart, and hard working progressive folks to fight those battles I already named, but somebody has to be there to catch the things that fall between the cracks. To make sure nothing flies under the rader that could come back to haunt us later. That's what this campaign...our campaign is all about. Today, I was reminded of that when I learned about TWO PREVIOUSLY UNKNOWN AMENDMENTS FOR THE NOVEMBER BALLOT.

Yup, that's right in addition to the TWO County Charter Amendments,proposed by the County Commission and the SIX city amendments, proposed by the Memphis Charter Commission, there are in fact TWO more initiative placed on the ballot by the PREVIOUS city council. These two items are listed as Ordinance 5232 and Ordinance 5265.

5232 originally proposed by former Councilman Dedrick Brittenum, would allow for the RECALL of a CITY COUNCILMAN

5265 proposed by Councilwoman Barbara Ware would set new residency requirements for City employees.

This how they will appear on the November ballot..



QUESTION ON ORDINANCE NO. 5232:
Shall the Charter of the City of Memphis, Tennessee be amended by adding
language to read as follows:
Recall of a Memphis City Council Member.

BE IT ORDAINED, that upon petition signed by a number of qualified
voters equal to ten per centum of the total number of votes cast in the
next preceding municipal general election of the City, excluding runoff
elections and filed with the Election Commission (provided that no
such petition shall be filed during the first two years of his term)
requesting the recall of a City Council Member, the Election
Commission shall call an election at the time of the next General
Election after the filing of such petition pursuant to State Law at
which said election the question shall be: “Shall the Memphis City
Council Member [Name of Council Member] be Recalled?” If a
number of voters equal to a majority of those voting on the question
shall vote to recall the City Council Member, the office shall be
vacated when the Election Commission shall declare the results, and
the remaining members of the Council fill such vacancy in the manner
prescribed by Ordinance.

I, Roland McElrath, Director of Finance
for the City of Memphis do hereby
certify there will be no revenue or
expenditure impact to the City if this
Amendment is adopted.

For the amendment __________
Against the amendment __________




QUESTION ON ORDINANCE NO. 5265
Shall Article 27 Section 190 Subsection (b) of the Charter of the City of Memphis, Tennessee be
reinstated by submitting the following language to read as follows:
Section 190. Residence requirements of persons employed solely by the
City; [non-civil service employees and board and commission
members].


(b) From and after January 1, 1985, all appointed employees not within the protection of
the civil service article shall be required to live and maintain a residence within the
boundaries of the City of Memphis as now defined or as may be hereafter defined;
such appointed employees shall include, but not limited to, the following specific
groups:
(1) Division directors who are appointed by the mayor and council
(2) All employees of the legal department.
(3) All staff employees of the mayor and chief administrative office.
(4) Executive secretaries of boards, commissions, division directors, and to the
administrative judge of the city court.
(5) All employees of the city council office.
Additionally all members of the various City of Memphis boards and commissions,
excluding joint city-county boards and commissions, shall be required to live and
maintain a residence within the limits of the City of Memphis, as now defined or as
may be hereafter defined, except that county residents may become members of the
board of trustees of the Memphis Brooks Museum of Art.
Failure of any officer or employee to comply with the provisions of this section shall
be cause for removal or discharge from city employment. New employees shall be
allowed six (6) months after the date they are hired or appointed to comply with this
section.


I, Roland McElrath, Director of Finance for the City of
Memphis do hereby certify there will be no revenue or
expenditure impact to the City if this Amendment is
adopted.


For the amendment _________________
Against the amendment __________________





DEMAND CHANGE

Change Memphis@The MID SOUTH FAIR...Ya'll COME!

FRIENDS

On behalf of EVERYONE involved with the Change Memphis Campaign i want to take a moment to thank all of the great folks who came out to volunteer with us last weekend at the Cooper Young festival and the Southern Heritage Classic. Thanks to YOUR hard work, we as a campaign were able to register over FOUR HUNDRED NEW VOTERS! That is something to be proud of and you all deserve all of the credit and our deepest thanks. We here at Change Memphis are moving ahead in this campaign to RAISE VOTER TURN OUT in low income, low voter turn out areas, and to RAISE AWARENESS of the EIGHT City and County Charter Amendments on the ballot for this NOVEMBER. We are also moving ahead with our series of COMMUNITY FORUMS, that will explain what the potential passage or failure of these amendments would mean. However there are still so many potential voters out there who need to be REGISTERED in order to be apart of this historical election season, and so we are asking for your help on two arms of our campaign.
We are seeking those individuals who would like to join one of our Phonebanking Teams as we continue to make calls to inform the public about these charter items as well as invite them to our neighborhood events. If interested contact our volunteer coordinator at info@changememphis.net We meet every Tuesday,Wednesday and Thursday night and make calls from 5:30pm-8:30pm

Starting this FRIDAY, September 19th. CHANGE MEMPHIS is seeking VOLUNTEERS old and new to help us man our VOTER REGISTRATION booth at the 2008 MID-SOUTH FAIR. At our booth in addition to our VR efforts we hope to raise awareness about the Charter amendments as well as hand out information that will aid those persons who have had a felony conviction in the RESTORATION Of Their VOTING RIGHTS.We are seeking 2-3 volunteers per three hour shift but ANY time you could donate would be appreciated.

Please review the schedule of times BELOW and see which times and dates are convenient for each of you. Please email your desired shift to bradwat@gmail.com

DEMAND CHANGE

Brad Watkins
Organizing Coordinator
Change Memphis

MID SOUTH FAIR VOLUNTEER SCHEDULE

FRIDAY, SEPTEMBER 19th

10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

SATURDAY, SEPTEMBER 20th

10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

SUNDAY,SEPTEMBER 21st
10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

MONDAY,SEPTEMBER 22nd
10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

TUESDAY,SEPTEMBER 23rd
10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

WEDNESDAY,SEPTEMBER 24th
10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

THURSDAY,SEPTEMBER 25th
10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

FRIDAY,SEPTEMBER 26th
10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

SATURDAY, SEPTEMBER 27th
10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

SUNDAY,SEPTEMBER 28th
10am-1pm 1pm-4pm 4pm-7pm 7pm-10pm
1. 1. 1. 1.
2. 2. 2. 2.

Ordinance 364 Final language

Item 3 Prepared by: Christy Kinard
Assistant County Attorney

Approved by: Brian Kuhn
Shelby County Attorney


ORDINANCE NO. 364

AN ORDINANCE TO AMEND THE SHELBY COUNTY CHARTER BY ADDING A NEW ARTICLE VIII SO AS TO CREATE THE OFFICES OF, AND ASSIGN THE DUTIES AND FUNCTIONS TO, THE SHELBY COUNTY SHERIFF, SHELBY COUNTY TRUSTEE, SHELBY COUNTY REGISTER, SHELBY COUNTY CLERK, AND SHELBY COUNTY ASSESSOR; BY PROVIDING FOR THE STATE LAW REQUIREMENTS NECESSARY FOR CREATING A CHARTER FORM OF COUNTY GOVERNMENT; BY REPEALING SECTION 4.06 OF ARTICLE IV; AND BY AMENDING THE TITLE OF ARTICLE IV. SPONSORED BY CHAIRMAN DAVID LILLARD.


WHEREAS, by opinion issued January 12, 2007, the Tennessee Supreme Court held the Knox County Charter was invalid because Knox County, Tennessee failed to comply with the enabling legislation for instituting a charter form of government by not expressly establishing the offices of the constitutional county officers, being the sheriff, trustee, register, county clerk, and assessor; and by not otherwise expressly assigning the duties and functions traditionally performed by those officers to any other administrative or executive officers; and
WHEREAS, by opinion issued January 26, 2007, the Shelby County Attorney’s Office opined that an amendment to the Shelby County Charter should be proposed that either specifically creates the offices of, and assigns the duties and functions to, the sheriff, trustee, register, county clerk, and assessor; or creates administrative or executive offices to carry out the duties and functions of said constitutional county officers; or creates a combination of these two options; and
WHEREAS, the state law that authorizes the establishment of a charter form of county government requires the charter document retain the rights, powers, duties, obligations or functions of any officer, agency or office of the county in order for them to be continued in the charter form of county government; assign administrative and executive functions to the officers of county government; and provide for the titles, qualifications, compensation, method of selection, tenure, removal and replacement of the administrative and executive officers of county government; and
WHEREAS, for the purpose of evaluating the amendment options and receiving information relative to proposing Charter amendments for voter referendum, the Shelby County Board of Commissioners held a retreat, created the Ad Hoc Committee on Shelby County Charter Amendments, held thirteen public hearings throughout Shelby County, published notice of the hearings with a list of potential amendments in four newspapers in the County, provided three methods for receiving citizen comments, and conducted multiple committee meetings; and
WHEREAS, the Shelby County Board of Commissioners adopted Ordinance No. 360 and Ordinance No. 361 on June 2, 2008, proposing amendments to the Shelby County Charter which were published and submitted to the voters of Shelby County during the August 7, 2008 countywide election; and
WHEREAS, Ordinance No. 361 passed, but Ordinance No. 360 failed and, therefore, the Shelby County Board of Commissioners desires to submit another referendum to the voters of Shelby County that, if approved, will create officers to carry out the duties and functions of the former constitutional county officers and meet the state law requirements for establishing a charter form of county government in an effort to cure any potential deficiencies that may exist in the Shelby County Charter similar to those identified in the Knox County Charter by the Tennessee Supreme Court; and
WHEREAS, the Shelby County Board of Commissioners has proposed the amendments to the Shelby County Charter contained herein and same should be published and submitted to the voters of Shelby County in accordance with the state election laws during the next countywide election; and
WHEREAS, state law requires the County Attorney prepare a summary not to exceed two hundred (200) words in length when the full statement of the proposed amendments exceeds three hundred (300) words in length.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SHELBY COUNTY, TENNESSEE, that, pursuant to Article V, Section 5.05D of the Shelby County Charter, the following proposed amendments to the Shelby County Charter shall be submitted to the qualified voters of Shelby County at the next countywide election allowed by law and the Shelby County Election Commission, in accordance with the state election laws, is hereby directed to publish the proposed amendments which read as follows:
PROPOSED AMENDMENTS:

The Shelby County Charter shall be amended by repealing Section 4.06 of Article IV, which reads as follows:

“The sheriff shall be the chief law enforcement officer of the county and is charged with the enforcement of ordinances of the County of Shelby. The sheriff shall be elected by the qualified voters of Shelby County according to law and all duties, conferred or implied by law, shall expressly continue as they existed prior to the enactment of this charter.”

by amending the title of Article IV from “Judicial Branch, Law Enforcement and Corrections” to “Judicial Branch;”

and by adding a new Article VIII as set forth below:

“Article VIII. County Charter Officers.

Section 8.01. Replacement of constitutional county officers.
In addition to the legislative and executive branches created herein, the officers listed in this article shall be officers of the county who shall be known as the “county charter officers” and are hereby created and established to perform the duties and functions of the former constitutional county officers that existed as part of Shelby County government prior to Shelby County adopting a charter form of county government. This article shall become effective September 1, 2010; provided, however, this article shall become effective September 1, 2012 as to the office of the Shelby County Assessor.

Section 8.02. Qualifications.
A. The qualifications for the Shelby County Sheriff, Shelby County Trustee, Shelby County Register, Shelby County Clerk, and Shelby County Assessor shall be the same as those required of the former constitutional Sheriff, Trustee, Register, County Clerk, and Assessor, respectively, by state law as of the date this section becomes effective.
B. The Shelby County Sheriff shall also be qualified as a Certified Corrections Executive by the American Corrections Association within one year from the date the Shelby County Sheriff takes office or, in the alternative, have at least three (3) years experience as a chief executive officer of a jail or prison. If the Shelby County Sheriff fails to become certified in accordance with this section, the compensation of the Shelby County Sheriff shall be reduced in accordance with the compensation section herein.

Section 8.03. Election; term.
A. The county charter officers, with the exception of the Shelby County Assessor, shall be elected each four years by the voters of Shelby County in accordance with the Tennessee Constitution, the general laws of the State of Tennessee and the Charter of Shelby County, commencing with the August 2010 general election.
B. Effective September 1, 2012, the Shelby County Assessor shall be elected to a term of two years by the voters of Shelby County in accordance with the Tennessee Constitution, the general laws of the State of Tennessee and the Charter of Shelby County. Effective September 1, 2014, and each four years thereafter, the Shelby County Assessor shall be elected to a term of four years.
C. The county charter officers shall not be subject to term limitations unless provided for in Article V herein.

Section 8.04. Vacancy.
When a vacancy occurs in the office of the county charter officers, the chief deputy, as designated from time to time in writing to the County Attorney, shall serve until the board of county commissioners elects an interim county charter officer. The interim county charter officer shall serve until a successor is elected and qualified in accordance with the Tennessee Constitution, the general laws of the State of Tennessee, and the Charter of Shelby County.



Section 8.05. Removal; recall.
A. The county charter officers shall be removed from office in accordance with the state law provisions providing for the removal of public officials.
B. The county charter officers shall be recalled in accordance with the provisions of Article V herein, but only if such provisions are provided for therein.

Section 8.06. Sheriff – duties, functions, and obligations; rights, power and authority.
A. Unless specifically provided for herein to the contrary, the duties of the former constitutional Sheriff are vested in and shall be exercised by the Shelby County Sheriff, who shall be the chief law enforcement officer of Shelby County. The duties shall be governed by the Tennessee Constitution, the general laws of the State of Tennessee, and the Charter of Shelby County. The general duties of the Shelby County Sheriff shall include, but not be limited to, maintaining the jails of the County, providing courthouse and courtroom security, patrolling and providing civil and criminal warrants service as well as those duties traditionally performed by the former constitutional Sheriff in accordance with common law and assigned to the former constitutional office of Sheriff by state law.
B. The Shelby County Sheriff shall carry out all duties, functions and obligations, and have all rights, power and authority granted to the office of the former constitutional Sheriff under state law, unless specifically excluded by the Charter of Shelby County. All private acts of the General Assembly of Tennessee and ordinances of Shelby County which affect the office of the former constitutional Sheriff, and which are in effect on September 1, 2010, to the extent not inconsistent with this charter, shall remain in effect and applicable to the Shelby County Sheriff until repealed or amended.

Section 8.07. Trustee – duties, functions, and obligations; rights, power and authority.
A. Unless specifically provided for herein to the contrary, the duties of the former constitutional Trustee are vested in and shall be exercised by the Shelby County Trustee and shall be governed by the Tennessee Constitution, the general laws of the State of Tennessee, and the Charter of Shelby County. The general duties of the Shelby County Trustee shall include, but not be limited to, the responsibility for the collection of property taxes, the collection and disbursement of County funds, the management of the County’s cash flow, and the investment of idle County funds.
B. The Shelby County Trustee shall carry out all duties, functions, and obligations of, and have all rights, power and authority granted to, the office of the former constitutional Trustee under state law, unless specifically excluded by the Charter of Shelby County. All private acts of the General Assembly of Tennessee and ordinances of Shelby County which affect the office of the former constitutional Trustee, and which are in effect on September 1, 2010, to the extent not inconsistent with this charter, shall remain in effect and applicable to the Shelby County Trustee until repealed or amended.

Section 8.08. Register – duties, functions, and obligations; rights, power and authority.
A. Unless specifically provided for herein to the contrary, the duties of the former constitutional Register are vested in and shall be exercised by the Shelby County Register and shall be governed by the Tennessee Constitution, the general laws of the State of Tennessee, and the Charter of Shelby County. The general duties of the Shelby County Register shall include, but not be limited to, the responsibility for filing or recordation of documents that affect the legal status of real or personal property.
B. The Shelby County Register shall carry out all duties, functions and obligations of, and have all rights, power and authority granted to, the office of the former constitutional Register under state law, unless specifically excluded by the Charter of Shelby County. All private acts of the General Assembly of Tennessee and ordinances of Shelby County which affect the office of the former constitutional Register, and which are in effect on September 1, 2010, to the extent not inconsistent with this charter, shall remain in effect and applicable to the Shelby County Register until repealed or amended.

Section 8.09. County Clerk– duties, functions, and obligations; rights, power and authority.
A. Unless specifically provided for herein to the contrary, the duties of the former constitutional County Clerk are vested in and shall be exercised by the Shelby County Clerk and shall be governed by the Tennessee Constitution, the general laws of the State of Tennessee, and the Charter of Shelby County. The general duties of the Shelby County Clerk shall include, but not be limited to, the responsibility for the collection of business taxes and wheel taxes, motor vehicle registration and licensing, issuance of marriage licenses, and keeping of records of the County’s notaries public.
B. The Shelby County Clerk shall carry out all duties, functions, and obligations of, and have all rights, power and authority granted to, the office of the former constitutional County Clerk under state law, unless specifically excluded by the Charter of Shelby County. All private acts of the General Assembly of Tennessee and ordinances of Shelby County which affect the office of the former constitutional County Clerk, and which are in effect on September 1, 2010, to the extent not inconsistent with this charter, shall remain in effect and applicable to the Shelby County Clerk until repealed or amended.

Section 8.10. Assessor – duties, functions, and obligations; rights, power and authority.
A. Unless specifically provided for herein to the contrary, the duties of the former constitutional Assessor are vested in and shall be exercised by the Shelby County Assessor and shall be governed by the Tennessee Constitution, the general laws of the State of Tennessee, and the Charter of Shelby County. The general duties of the Shelby County Assessor shall include, but not be limited to, the responsibility of appraisal, classification, and assessment of all property within the County, whether real, personal or mixed, except for property valued by the State of Tennessee.
B. The Shelby County Assessor shall carry out all duties, functions, and obligations of, and have all rights, power and authority granted to, the office of the former constitutional Assessor under state law, unless specifically excluded by the Charter of Shelby County. All private acts of the General Assembly of Tennessee and ordinances of Shelby County which affect the office of the former constitutional Assessor, and which are in effect on September 1, 2012, to the extent not inconsistent with this charter, shall remain in effect and applicable to the Shelby County Assessor until repealed or amended.

Section 8.11. Compensation.
A. The compensation of the Shelby County Trustee, Shelby County Register and Shelby County Clerk shall be equal to the amount set for the offices of the former constitutional Trustee, Register, and County Clerk, respectively, by state law as of September 1, 2010.
B. The compensation of the Shelby County Sheriff shall be set by the board of county commissioners at the same time it sets the compensation of the County Mayor; provided, however, that the Shelby County Sheriff’s compensation shall be equal to at least eighty percent (80%), but no more than ninety-five percent (95%), of the County Mayor’s compensation. Notwithstanding any provision to the contrary herein, if the Shelby County Sheriff fails to meet the qualifications set forth herein, the compensation shall be reduced in the same manner and by the same amount as that prescribed by state law for the reduction in salary of the former constitutional Sheriff for failure to possess a current and valid peace officer certification.
C. The compensation of the Shelby County Assessor shall be equal to the amount set for the office of the former constitutional Assessor by state law as of September 1, 2012.
D. The compensation of all county charter officers may be changed from time to time by resolution of the board of county commissioners, except as provided for in Article II, Section 2.06C(3)(e) herein for increases in salary. No change in compensation shall take place during the term for which the county charter officers were elected, with the exception of any annual general cost of living adjustment or increase for the purpose of maintaining the compensation level herein, and shall not be changed for the next term of office after January 1 of the year in which the county charter officers are to be elected for said next term.

Section 8.12. Personnel salary and positions – generally.
The county charter officers shall not have the authority to file salary petitions in accordance with state law or any other authority to challenge the funding of the personnel budget as approved in the County budget by the board of county commissioners. The Shelby County Sheriff shall have authority to file a petition for funding in accordance with Article VIII, Section 8.13 herein.

Section 8.13. Personnel salary and positions - Sheriff.
A. The Shelby County Sheriff shall not have the authority to file salary petitions under state law. However, the Shelby County Sheriff may file a petition with the chairman of the board of county commissioners and the county mayor within twenty (20) days of the approval of the County budget for the purpose of seeking an increase in the funding of the Shelby County Sheriff’s personnel budget as to the number of positions and/or the amount of the salaries.
B. The burden of proof shall be on the Shelby County Sheriff to prove by clear and convincing evidence that absent the requested relief,
(1) in the case of a petition for law enforcement personnel positions and expenditures, the public safety of the citizens of Shelby County will be in imminent danger of irreparable harm, or
(2) in the case of a petition for jail personnel positions or expenditures, the current personnel budget is inadequate to operate the jail in accordance with applicable court orders and federal and state constitutional principles, laws, and regulations.
C. The petition shall be heard and determined by binding arbitration. The county mayor and Shelby County Sheriff shall mutually appoint a retired judge of a Tennessee state court of record to act as arbitrator, provided, however, if a retired judge is not available or cannot be agreed upon, the county mayor and Shelby County Sheriff shall mutually agree upon an arbitrator. The arbitrator shall conduct the proceedings in accordance with the rules of the American Arbitration Association and the rules set forth in the Tennessee Rules of Civil Procedure applicable to discovery and shall make written findings of fact and conclusions of law. The written award of the arbitrator shall be final and binding and may be entered with, and enforced by, a court of competent jurisdiction in Shelby County. Shelby County shall pay reasonable compensation to, and expenses of, the arbitrator.
D. If the arbitrator enters an order requiring Shelby County to increase the number of personnel positions and/or personnel funding, each property tax bill shall state as a separate line item the number of cents of the ad valorem tax rate which is necessary to fund such increase, including the cost of employee benefits, and the proportionate tax amount for that taxpayer.
(1) The statement shall be conspicuously labeled in capitalized bold print of at least 14-point font and shall read “ADDITIONAL TAXES TO FUND EXPENDITURES OBTAINED BY SHERIFF [INSERT NAME] IN EXCESS OF THE APPROVED COUNTY BUDGET AS ORDERED BY ARBITRATOR.”
(2) The statement shall include the website address where a complete copy of all pleadings, briefs, findings, orders, and all other documents filed in the case may be viewed.
(3) The statement shall be included on the property tax bill for all subsequent tax years until either,
(a) the positions and increase are relinquished by the Shelby County Sheriff, or
(b) the Shelby County Sheriff leaves office.
E. Shelby County shall promptly place all pleadings, briefs, findings, orders, and all other documents on the County website as they are filed in the case or submitted to the arbitrator.”

BE IT FURTHER ORDAINED, that the Shelby County Attorney be and is hereby directed to prepare a summary of the proposed Charter amendments in accordance with state law.
BE IT FURTHER ORDAINED, that upon receipt of a certified copy of this Ordinance, the Shelby County Election Commission is hereby directed to place the summary prepared by the Shelby County Attorney on the ballot at the next countywide election in accordance with the state laws concerning referendum elections.
BE IT FURTHER ORDAINED, that upon this Ordinance becoming effective, the Clerk of the Shelby County Board of Commissioners shall immediately deliver a certified copy of this Ordinance to the Shelby County Election Commission in accordance with Article V, Section 5.05B of the Shelby County Charter.
BE IT FURTHER ORDAINED, that the proposed Charter amendments shall be deemed ratified and adopted if approved by a majority of those voting in the referendum election.
BE IT FURTHER ORDAINED, that for the purposes set forth in this Ordinance, the proposed amendments to the Shelby County Charter applicable to the Shelby County Sheriff, Shelby County Trustee, Shelby County Register, and Shelby County Clerk shall take effect on September 1, 2010, so as not to have the effect of removing the incumbent constitutional Sheriff, Trustee, Register, and County Clerk from office, or abridging the term or altering the salary prior to the end of the term for which such incumbent constitutional officers were elected.
BE IT FURTHER ORDAINED, that for the purposes set forth in this Ordinance, the proposed amendments to the Shelby County Charter applicable to the Shelby County Sheriff, Shelby County Trustee, Shelby County Register, and Shelby County Clerk shall be effective prior to September 1, 2010 to the extent necessary to permit elections to be held during the year 2010 for the office of the Shelby County Sheriff, Shelby County Trustee, Shelby County Register, and Shelby County Clerk; and the state laws relating to nominations and elections shall apply to the nomination and election of those county charter officers commencing with the primary and general elections of the year 2010.
BE IT FURTHER ORDAINED, that for the purposes set forth in this Ordinance, the proposed amendments to the Shelby County Charter applicable to the Shelby County Assessor shall take effect on September 1, 2012, so as not to have the effect of removing the incumbent constitutional Assessor from office, or abridging the term or altering the salary prior to the end of the term for which such incumbent constitutional officer was elected.
BE IT FURTHER ORDAINED, that for the purposes set forth in this Ordinance, the proposed amendments to the Shelby County Charter applicable to the Shelby County Assessor shall be effective prior to September 1, 2012 to the extent necessary to permit elections to be held during the year 2012 for the office of the Shelby County Assessor; and the state laws relating to nominations and elections shall apply to the nomination and election of this county charter officer commencing with the primary and general elections of the year 2012.
BE IT FURTHER ORDAINED, that, in accordance with state law, the Shelby County Election Commission shall certify the returns of the referendum election to the Shelby County Clerk and the Secretary of State together with a copy of the proposed Charter amendments previously filed with the Shelby County Election Commission by the Shelby County Board of Commissioners.
BE IT FURTHER ORDAINED, that upon receipt of the proclamation from the Secretary of State showing the results of such referendum election on the adoption or rejection of the proposed Charter amendments, the Shelby County Election Commission shall (1) attach one copy of the proclamation to the copy of the proposed Charter amendments theretofore certified to the Secretary of State and (2) deliver one copy of the proclamation to the Shelby County Clerk who shall attach the same to the copy of the referendum returns and proposed Charter amendments theretofore certified to, and deposited with, the Shelby County Clerk; the Shelby County Clerk subsequently delivering the proclamation and all attachments thereto to the Clerk of the Shelby County Board of Commissioners who shall make it a part of the minutes.
BE IT FURTHER ORDAINED, that all laws constituting the present Shelby County Charter that are not in conflict with the Charter amendments proposed herein be and the same are hereby continued in full force and effect, and all laws in conflict therewith be and the same are hereby repealed.
BE IT FURTHER ORDAINED, that if any clause, section, paragraph, sentence or part of this Ordinance shall be held or declared to be unconstitutional and void, it shall not affect the remaining parts of this Ordinance, it being hereby declared to be the legislative intent of the Shelby County Board of Commissioners to have passed the remainder of this Ordinance notwithstanding the part so held unconstitutional and void, if any.
BE IT FURTHER ORDAINED, that this ordinance shall take effect upon adoption pursuant to Article V, Section 5.05B of the Charter of Shelby County.



Chairman of County Commission




A C Wharton, Jr., County Mayor

Date:



ATTEST:


Clerk of County Commission



FIRST READING: August 13, 2008

SECOND READING: August 18, 2008

ADOPTED THIRD READING: August 27, 2008

Shelby Dems "JUST SAY NO TO TERM LIMITS!!"

Tonight I attended the monthly meeting of the Executive Committee of the Democratic Party of Shelby County. I wanted to alert them to what Change Memphis is all about and what we hoped to accomplish this fall. "Don't worry Republicans I want to talk to you guys as well." I was surprised by a resolution crafted by unnamed members of the County Commission in opposition to the newly crafted ORDINANCE NO. 365. Which will be on the November ballot. It was a resolution that would have the DPSC Oppose the passage of Term Limits for these newly "Chartered" officers. "Sheriff,Trustee,Assessor,Register and Clerk. After some discussion the Committee decided to pass a second more striped down version of the resolution instead, basically stating their "The Party's" opposition to Term Limits in these cases.
Reasons for the motion varied, but they ranged from a ideological opposition to the concept of term limits, to a general feeling of irritation at what was perceived as Republican trickery in the Ordinance's creation. By in large most of those who supported the measure stated suspicions that the move to establish term limits at this juncture is connected to demographic population shifts in the County,shifts that have resulted in an altered political landscape, and if unlimited term limits were good enough for the Republicans in the past then it should be good enough for the Democrats in office now.

I personally am a bit concerned about this,and I urge both political parties to proceed with caution when dealing with supporting or opposing these potentially far reaching Amendments to the City and County Charter.There can be many unforeseen consequences to some of these Referendums. Republicans should not be too quick to counter endorse 365. That would be a trap. As it would blur the core issues at hand of from a free thinking exercise of choice to a knee jerk politically Pavlovian reaction.

I still have a nagging curiosity over why the identities of the first Resolution's drafters was left a mystery. Why bother with secrecy if you plan on campaigning against it?


As for the question at hand, Are Term Limits Good...or Bad? Like most things that's hard to say.

So I decided to look at a few Cities that are Politically/Racially/Regionally/Culturally similar to Memphis, here's what i came up with, admittedly in a short period of time.

NASHVILLE-Term limits of two consecutive four year terms for Mayor and City Council. Established 2003
Brief-Nashville's current Term Limit status came about largely via the actions of the popular former two term Metro Mayor Bill Purcell to refused to seek a third term in office and acted to support the ballot referendum that would close the legal loophole that would have allowed him to seek a third term. reviews of such actions have been mixed. While the measure passed by a wide margin as is common for Term limit Ballot referendums, there have been growing concerns that Term Limits have had a negative impact on the Metro Council. Including, lack of experience in Municipal matters, an increase in the power of lobbyists, an increased lack of cooperation between Council members. As well as rising racial tensions between council members.A fundamental lack of communication between members
One city official is quoted as saying."What do these guys care? They've only got two terms, so they don't mind rezoning each other's ass to oblivion...." However, it is also possible that this is a phenomenon intrinsic to only that Metro Council. Who were elected in large part for their opposition to a widely unpopular proposed anti-discrimination bill for homosexuals. These council members backed by far right wing evangelical forces, and were elected on this issue more so than one of qualifications for office or knowledge of the operations of the metro bureaucracy. Still it must be noted that term limits did pave the way for such a pass.

Clearly Nashville had a rough time.

HOWEVER ...

ATLANTA,GA.- Term Limits of two consecutive four year terms for Mayor only. No Term limits for City Council members.
Brief- Atlanta has had African American Mayors since the Election of Maynard Jackson over Sam Massell, Atlanta's first Jewish Mayor,in 1973. Jackson went on to serve three terms from 1974-1982 and returned to politics to serve another term from 1990-1994. Andrew Young served as Mayor of 1982-1990. Bill Campbell was elected Mayor in 1993, and served as Mayor from 1994-2002. Campbell was followed by the election of the first African American female Mayor of a major southern city, Shirley Jackson who was elected in 2002 and was re-elected by a landslide "90%" in 2005.NOTE-Despite an overall drop in the African American population of Atlanta from 66.8% in 1990,to 54% in 2004.


New Orleans-Term Limits for Mayor and City Council of two consecutive four year terms for both. The provision limiting Mayors to two consecutive terms has been in place since a referendum in 1954 and seems to have been an effective measure. Popular Mayors have on multiple occasions have had proposals seeking to repel limits or extend them, but New Orleans voters have yet to further amend the charter in this regard and have upheld the two term limit.


Prince George's County Md.- Term Limits for County Executive, and County Council, of two consecutive four year terms. Established 1994. Prince George's County in 2000 was the setting for a racially charged electoral conflict over term limits, as five African American councilmen and the County Executive were all set to leave office in 2002 because of term limits. The key issue here was the stated belief that African American politicians new to the process were just starting to understand the in's and out's of government and now were finally in a position to be able to make positive change for the African American community. Thus a campaign to repel the Term limits law was launched that was very racially charged. It is worth noting however that some of these councilmen in question won their seats in districts formerly held by whites, who were forced out because of term limits. The campaign to repel the term limits law was defeated by over a thirty point margin, by the majority black voters of Prince George County. The current County Executive Jack Johnson, is African American.



So personally, I think Term Limits can work, or fail, it depends on the area and a host of factors that vary from one place to another.It Does not always run smoothly but life will go on.
This issue has no clear right or wrong answer it is purely a subjective distinction which we encorage everyone to vote according to your own values and ideals.However for someone to say that this is somehow intrinsically harmful to the Democratic party or African Americans is...respectfully in my opinion,an inaccurate statement at least in the several cities I looked over which have term limits. In fact while Term Limits may have started off as a Conservative launching issue, as time and demographics change, you see that in time it worked against them as well.

It is however very harmful to incumbents, and perhaps that is the discussion that we really should be having. Do we want a system that encourages change and a fresh approach,with smaller risk of corruption or would we prefer a system that values experience and seeks those most familiar with how government really works and how to get things done?







Below is the Ordinance in question provided in it's completed form for your use





Item 4 Prepared by: Christy Kinard

Assistant County Attorney


Approved by: Brian Kuhn

Shelby County Attorney



ORDINANCE NO. 365


AN ORDINANCE AMENDING THE SHELBY COUNTY CHARTER BY ADDING A NEW SECTION TO THE “GENERAL PROVISIONS” UNDER ARTICLE V RELATIVE TO TERM LIMITATIONS OF COUNTY CHARTER OFFICERS. SPONSORED BY CHAIRMAN DAVID LILLARD.





WHEREAS, the Shelby County Board of Commissioners adopted Ordinance No. 360 and Ordinance NO. 361 on June 2, 2008 proposing amendments to the Shelby County Charter which were published and submitted to the voters of Shelby County during the August 7, 2008 countywide election; and

WHEREAS, Ordinance No. 361 passed, but Ordinance No. 360 failed and, therefore, the Shelby County Board of Commissioners desires to submit a referendum that will provide the voters of Shelby County with the option to impose term limits on the county charter officers, being the Shelby County Sheriff, Shelby County Trustee, Shelby County Register, Shelby County Clerk, and Shelby County Assessor; and

WHEREAS, the Shelby County Board of Commissioners has proposed the amendment to the Shelby County Charter contained herein and same should be published and submitted to the voters of Shelby County in accordance with the state election laws during the next countywide election; and

WHEREAS, the full statement of the proposed amendment does not exceed three hundred (300) words in length and, therefore, should be published and submitted to the voters in its entirety.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SHELBY COUNTY, TENNESSEE, that, pursuant to Article V, Section 5.05D of the Shelby County Charter, the following proposed amendment to the Shelby County Charter shall be submitted to the qualified voters of Shelby County at the next countywide election allowed by law and the Shelby County Election Commission, in accordance with the state election laws, is hereby directed to publish the proposed amendment which read as follows:


PROPOSED AMENDMENT:


Shall the Shelby County Charter be amended by adding a new section to the “General Provisions” of Article V as follows:


Section 5.25. Term limitations for county charter officers.

County charter officers elected pursuant to Article VIII herein shall not be eligible to hold, or be elected to, the same county charter office for more than two consecutive four-year terms.
If an individual is elected or appointed to fill an unfilled term, that term shall not be counted as part of the term limitations set forth herein for county charter officers.


so as to impose term limitations on County Charter Officers as a qualification for holding office?


Yes __________

No __________

BE IT FURTHER ORDAINED, that upon this Ordinance becoming effective, the Clerk of the Shelby County Board of Commissioners shall immediately deliver a certified copy of this Ordinance to the Shelby County Election Commission in accordance with Article V, Section 5.05B of the Shelby County Charter.

BE IT FURTHER ORDAINED, that the proposed Charter amendment shall be deemed ratified and adopted if approved by a majority of those voting in the referendum election.

BE IT FURTHER ORDAINED, that for the purposes set forth in this Ordinance, the proposed amendment to the Shelby County Charter shall take effect on September 1, 2010 as it applies to the Shelby County Sheriff, Shelby County Trustee, Shelby County Register, and Shelby County Clerk; but shall become effective on September 1, 2014 as it applies to the Shelby County Assessor; so as not to have the effect of removing the incumbent constitutional county officers from office, or abridging the term or altering the salary prior to the end of the term for which such incumbent constitutional officers were elected.

BE IT FURTHER ORDAINED, that, in accordance with state law, the Shelby County Election Commission shall certify the returns of the referendum election to the Shelby County Clerk and the Secretary of State together with a copy of the proposed Charter amendment previously filed with the Shelby County Election Commission by the Shelby County Board of Commissioners.

BE IT FURTHER ORDAINED, that upon receipt of the proclamation from the Secretary of State showing the results of such referendum election on the adoption or rejection of the proposed Charter amendment, the Shelby County Election Commission shall (1) attach one copy of the proclamation to the copy of the proposed Charter amendment theretofore certified to the Secretary of State and (2) deliver one copy of the proclamation to the Shelby County Clerk who shall attach the same to the copy of the referendum returns and proposed Charter amendment theretofore certified to, and deposited with, the Shelby County Clerk; the Shelby County Clerk subsequently delivering the proclamation and all attachments thereto to the Clerk of the Shelby County Board of Commissioners who shall make it a part of the minutes.

BE IT FURTHER ORDAINED, that all laws constituting the present Shelby County Charter that are not in conflict with the Charter amendment proposed herein be and the same are hereby continued in full force and effect, and all laws in conflict therewith be and the same are hereby repealed.

BE IT FURTHER ORDAINED, that if any clause, section, paragraph, sentence or part of this Ordinance shall be held or declared to be unconstitutional and void, it shall not affect the remaining parts of this Ordinance, it being hereby declared to be the legislative intent of the Shelby County Board of Commissioners to have passed the remainder of this Ordinance notwithstanding the part so held unconstitutional and void, if any.

BE IT FURTHER ORDAINED, that this ordinance shall take effect upon adoption pursuant to Article V, Section 5.05B of the Charter of Shelby County.


____________________________________

Chairman of County Commission




A C Wharton, Jr., County Mayor


Date:



ATTEST:



Clerk of County Commission



FIRST READING: August 13, 2008


SECOND READING: August 18, 2008


ADOPTED THIRD READING: August 27, 2008

Change Memphis-Volunteer Activities

Hello all


Thank you for taking an interest in the Change Memphis campaign, We have had an exciting month,registering voters, phone banking and getting everything in order after our campaign launch last week.We are also preparing Three major neighborhood canvass shifts this Saturday morning.
Change Memphis seeks to alter the traditional power structure of the city be informing, registering and empowering voters in low turn out, low income districts. We also want to ensure that the Charter Amendments are fully and clearly explained, but to do that, we need your help. This weekend we have two fun upcoming events that will give this campaign, our campaign the chance to register new voters and spread Charter information to the public. Change Memphis is currently seeking more volunteers to work the Voter registration/Voter education Booth at the Memphis Music and Heritage Festival,http://www.southernfolklore.com/index.php?option=com_content&task=view&id=29&Itemid=89 located at the Center For Southern Folklore. We will also are seeking volunteers to work the Voter registration/Education table at the WLOK Stone SOUL Picnic http://www.wlok.com/stonesoulpicnic.shtml located at Tom Lee Park. Both events will take place from 11am until 11pm Saturday August 30th and Sunday, Aug 31st.

We are seeking volunteers who would be willing to work at least one three hour shift at this time , but all volunteers are welcome and any time that you could donate would be greatly appreciated. Any one interested should contact Brad Watkins at Bradwat@gmail.com, or by phone at 901-725-4990



Demand Change.


Brad Watkins
Change Memphis

Change Memphis Press Release!!!

FOR IMMEDIATE RELEASE

DATE: August 19, 2008
CONTACT: Tarrin McGhee, Community Voting Project, Manager
PHONE: (901) 517-2870
EMAIL: tarrin@newpathmemphis.com

Change Memphis to host Campaign Launch
Community Voting Project Will Educate Voters on Proposed Charter Amendments

MEMPHIS, TN-- On Thursday, August 21, 2008, Change Memphis, a coalition of organizations formed to promote voter education and advocacy will hold a press conference to launch its Community Voting Project (CVP) campaign. The purpose of the CVP is to educate and inform voters about the proposed amendments to the Memphis City Charter and increase voter participation and turnout in target communities.

The press conference will be held at City Hall located at 125 N. Main, and will begin at 2:30 p.m., prior to the Charter Commission meeting scheduled for 3:00pm. Representatives from Mid-South Peace and Justice Center, New Path, and Concerned Memphians United will address the media and the public on their objectives for the Community Voting Project, and encourage campaign participation and support.

New Path co-founder, Cardell Orrin said, “We expect several very important measures to be included in the recommendations from the Charter Commission. The decisions we make in these areas will impact our city for years to come.”

The proposed amendments to the Memphis city charter will appear on the ballot for the upcoming November 4th election. Change Memphis has developed an extensive campaign to ensure voters are educated on the potential changes, which includes phone-banking, canvassing, direct mail, and a series of community forums surrounding each issue.

“We want to make sure that our coalition works to avoid what recently took place with the Shelby County referendum that appeared on the August 7 ballot.,” said Brad Watkins, representative of the Mid-South Peace & Justice Center. “Because there wasn’t an education campaign associated with those amendments, and there were several issues grouped together, we believe voters weren’t given an opportunity to cast an educated vote.”

Members of the Memphis City Charter Commission will meet August 21 at 3:00pm to finalize the language for the proposed amendments that will appear before voters this November. With 6 other races set to appear on the ballot, including the presidential election, Change Memphis wants to ensure that voters make well informed decisions on each item, and that they are just as eager to do so.

“This is a very exciting election year throughout the country, and while national politics are tied up in the race to see who is going to 'change' this country, we cannot forget that change is also needed on the local level here in Memphis,” said Jacob Flowers, Director, Mid-south Peace and Justice Center.

For more information on this event, please contact Change Memphis Project Manager, Tarrin McGhee at (901) 517-2870 or email tarrin@newpathmemphis.org. To find out more about Change Memphis visit www.changememphis.net

Change Memphis Update!!!!!!Term-Limit Referendum

Backing into a Term-Limit Referendum: How the Commission Reached Agreement


By JACKSON BAKER
The end result of Wednesday morning's two-hour special meeting of the Shelby County Commission --the second this week -- was that two referendum proposals for the November ballot were adopted -- one to reconstitute five formerly constitutional county offices under the county charter and another limiting the officials holding those offices to two consecutive four-year terms.

But the story behind the story -- or, more properly, the several stories beyond the stories -- provided an object lesson for commission members henceforth, one more or less summed up in lines from the Kennedy Rogers ballad, "The Gambler," concerning how to play one's cards. Namely: "You've got to know when to hold 'em/ Know when to fold 'em/ Know when to walk away/ And know when to run."

The background of Wednesday's proceedings was the defeat in last week's countywide general election of Ordinance 360, a charter-revision proposal which was placed on the August 7 election ballot so that the affected five county offices – sheriff, trustee, assessor, county clerk, and register – might once again function under legal sanction. Their status under the state constitution had been nullified by the state Supreme Court in January 2007, in a ruling affecting both Shelby County and equivalent positions in Knox County.

Cross-Purposes

Months of deliberations had seen the eruption of cross-purposes both on the commission and in the community at large. Shelby County Mayor A C Wharton had made no secret of his preference for re-chartering the five affected offices as appointive ones, and he had limited support on the commission for the idea – particularly from commissioners Steve Mulroy, Deidre Malone, and Henri Brooks, all of whom were open at one point or another to the idea of appointment of some or all of the five officials – by the mayor, subject to commission approval.

In the course of public forums conducted by the commission, however, strong opposition materialized to the appointment concept –both in the inner city and the county's suburban rim. Long after the idea had been shelved, the managerial-minded Wharton would comment, "That's the problem," when someone noted that a side effect of subjecting the offices to popular election was the empowerment of them vis-à-vis the county administration.

But proponents of the appointment concept knew when to fold their cards, and the idea died a peaceful death – abandoned, as it were, of life supports.

The issue of term limits proved less tractable. Conservatives, especially in the suburbs, brought to public discussions their traditional suspicion of government, while people in the inner city tended to look with disfavor on creating new impediments in the public sector. Some commissioners – notably longtime political broker Sidney Chism and Henri Brooks – stoutly opposed any term limits at all. Others – like commission chairman David Lillard and Wyatt Bunker – were just as staunch for limiting the five reconstituted officials to two consecutive four-year terms.

Term limits provoked serious and prolonged disagreement on the commission, a fact complicated by Wharton's insistence, late in pre-election discussions, that the five officials have the same limitations on their tenure – or lack of them – as applied to the mayor and the 13 county commissioners. As of a 1994 countywide referendum, the mayoral and commission limits had been fixed at two consecutive four-year terms.

The long and the short of it: ultimately, after months of serious wrangling, the commission settled on a compromise proposal for a limitation of three four-year terms, applying not only to the five reconstituted county offices but to the mayor and commissioners as well (though Wharton himself and the commissioners currently serving were grandfathered out of the expanded version of term limits).

Mounting Opposition

While all of this had been going on, serious opposition was developing -- to both Ordinance 360, which contained the new term-limits proposal, as well as to companion Ordinance 361, one of whose features was a controversial proposal for recalling officials, fixing the number of petition signatures necessary at 15 percent of the county's registered voters.

Two of the leading opponents of the two ordinances were a pair of citizen activists -- John Lunt , who had taken the lead in organizing community sentiment on behalf of revising the city charter; and Joe Saino, proprietor of memphiswatchdog.org, a declared foe of runaway government and an exponent of total transparency. Their highly public activities – and those of their associates and sympathizers – proved instrumental in the narrow defeat of Ordinance 360 , especially since "Vote No" signs began to sprout in public-domain areas everywhere, while evidence of pro-ordinance efforts was limited or non-existent. (Ordinance 361 passed easily, suggesting that term limits had been the main obstacle for 360.)

In pre-election discussions, both Lunt and Saino had concentrated their displeasure on the change in term limits for the mayor and commissioners. They were less avid about the five newly configured county offices, and, in fact, both delivered encomiums to the late trustee Bob Patterson suggesting they would have been in favor of Patterson staying in office indefinitely.

The distinction is crucial, since the commission's action on Wednesday, resolving the matter by equalizing all county elected officials within the limits of two four-year terms, was as much a defeat for Lunt and Saino as it was a victory. There had never been much of a public groundswell among their adherents for limiting the terms of the five reconstituted officials—the sheriff and trustee, especially.

In the two special meetings this week, the commission, racing against the clock, ended with the two-term compromise largely out of miscalculations by opponents of term limits. Prominent among those was Chism, who dropped his pre-election support of a three-term compromise in the apparent hope that a new deadlock on the commission might result in no statement whatever concerning term limits. (That had been the case when Knox County reconstituted its own invalidated officers.) Commissioners Joe Ford and James Harvey were of similar mind. They, like Chism, also believed strongly that the increased Democratic vote expected in November would be antithetical to term limits.

Kenny Rogers might have advised a different strategy than stonewalling against any compromise –whether for two terms or for three – inasmuch as Democratic Commissioner Steve Mulroy, a key exponent of compromise along with his Republican opposite number, Mike Ritz, had signaled clearly on Monday that, rather than risk failure to meet an Election Commission deadline for a new ballot referendum in November, he would be prepared to vote for the two-term limit.

The End Game

Ultimately, on Wednesday, Mulroy played that card – an action that was magnified when Democrats Deidre Malone and, more surprisingly, Henri Brooks followed suit. That tipped the balance in favor of a two-term limit, leaving Chism, Ford, and Harvey with no hole cards to draw on. Like Lunt and Saino, the three commissioners would end up with both less and more than what they had sought.

Chism would protest later on that he had been led to believe that Republican commissioners George Flinn and Joyce Avery, along with Democrat J.W. Gibson, had promised him the same support for a three-term limit in the event of a deadlock that they had come to in the final pre-election session that had produced Ordinances 360 and 361. He felt that Mulroy, Malone, and Brooks had given in prematurely.

Whatever the case, there had been no public intimation whatsoever that Flinn, Avery, and Gibson were a part of any such understanding. All had consistently held out for a two-term limit in this week's deliberations, and it had been Flinn, in fact, who first moved to include the two-term limit in a revised referendum for November.

The bottom line: Shelby County voters will have two referenda to vote on in November – one that merely re-establishes, more or less, the five formerly constitutional officers as chartered officials, and a second one that imposes the stricter two-term version of term limits upon them.

All is not lost for Chism and other term-limits opponents. If they play their Get-Out-the-Vote cards right, they can re-focus public opposition to the new term-limits referendum while leaving the other one alone. An additional complication, however; in November, the two county referenda will be sharing ballot space with a plethora of recommendations on city government emanating from the city Charter Commission.

What was already complicated enough could turn into a game of veritable 52 Pick-Up.

Charter Commission FAQ

Hi, this is Brad Watkins, and I am a fellow with the Center For Community Change and I am currently the Campaign Manager for the CHANGE MEMPHIS initiative. Change Memphis is a nonpartisan coalition working to inform, involve and educate the people of Memphis about what the Charter Commission is and what these changes would mean.To ensure that the voices of the people are heard loud and clear by our elected officials.
This fall, the people of Memphis will have the opportunity to vote on a series of ballot initiatives for proposed amendments to our city Charter.These issues include Term Limits for elected officials, as well as issues such as If MLG&W could be sold without a public referendum. These along with several other proposals will be placed on the November ballot for the voter's approval, and have the potential to make sweeping changes in the way our local government works.officials. Below I have provided information on each of the proposed referendums as well as information about other potential ballot items as well. Check this space for updates and also check out our website at WWW.Changememphis.net, which will launch later this week. Also hit us up on Myspace or Facebook very soon.

CONFIRMED ISSUES-

-TERM LIMITS, for both the City Council and the Mayor will be on the ballot, limiting each to two consecutive terms each. Now it is important to note that these term limits will be prospective not retroactive, in other words the existing Council members would be allowed to serve another two terms, Mayor Herenton as well.

-MLG&W,If the utility Can or Cannot be sold without a public referendum, will be on the ballot as well. There is some concern that the wording of the initiative may confuse local voters.

-STAGGERED TERMS FOR CITY COUNCIL MEMBERS, This one is a little complex, originally proposed by Councilman/Commissioner Myron Lowery back in 2006, this would have the people of Memphis elect half the City Council every two years. Thus ensuring that there could not be a total over turn of that body in a single election. This also would allow the Councilmen on the staggered term to be able to run for Mayor without giving up their seat on the Council.
This could be done, by either having half the council run for a two year shift, in 2011, and for re-election in 2013. OR could be created by having all of city Government run for a ONE year term in 2011 and then have half the Council run for a short two year term in 2012. Now while this may sound strange on the surface, by putting Memphis municipal elections on even years, Memphis could split the cost with the County as they would also have elections that year, thus saving Memphis an estimated 1 million dollars.

-IRV, Instant Runoff Voting, this one is a doozy....In an IRV system voters would be allowed to rank candidates in order of preference "1", "2","3","4",..etc If a candidate gets a majority of the 1st place votes then he or she wins. If not then the candidate with the fewest 1st place votes is eliminated. 1st place votes for that candidate are then redistributed to the remaining candidates based on the 2nd place votes. If there is a candidate with a majority, he/she wins.
NOTE-Subject to available technology and approval of the Election Commission.



MAYORAL VACANCIES- This referendum would state that if the Mayor, resigns, or for some reason can no longer serve, then the Council Chairman would serve as Mayor Pro Tem for a period no longer than 180 days, if there is a general municipal or special election in that time period. If no such election exist then then the Chairman will serve for 90 days at which time a special election will be held to elect a new mayor to serve out the remainder of the term.

-ETHICS, This one makes me a little nervous, If any elected or appointed official is charged with official malfeasance, he or she shall be suspended from duties with pay until such a time where as the issue has been resolved.
NOTE-Commissioner Lowery stated at the March 20th meeting that if such a referendum is approved by the voters and added to the charter, suspensions are automatic and are not subject to the approval of the City Council.

PERSONAL NOTE- I am trying to find out more about this one "AS IT IS CURRENTLY DEFINED" it raises many questions.
A. Trials take a long time, who would represent these districts in the interim.

B.Who would select these people?

C.It opens the door to political witch hunts, as one could trump up charges on political rivals and railroad legislation down the Council's throats.




ISSUES UP FOR CONSIDERATION AT THE AUG 14TH MEETING-


PART TIME JUDGES- The Commission will discuss and vote on approving a possible referendum that would create two new part time judges. Proponents say that this would expedite over burdened courts. Critics contend that the Commission has no budget authority with which to fund such an exercise.

FUTURE CHARTER COMMISSIONS-The Commission will discuss and vote on approving a possible referendum that would make the creation of a Charter Commission into a regular process of city Government, every 10-20 yrs.

-AUTHORITY OF THE MAYOR- This amendment would if approved by the voters, prohibit any legislative body from limiting the authority of the Mayor by ORDINANCE OR REFERENDUM.




ISSUES UP FOR CONSIDERATION AT THE AUG 21st MEETING-

SCHOOL FUNDING- The Charter Commission is considering a possible referendum that would if approved by the voters would MANDATE funding of Memphis City Schools into the Memphis City Charter.

CAMPAIGN FINANCE- This possible referendum would if approved by the voters would bar all campaign fundraising except for a period of time beginning six months before the filing date and ending once a candidate takes the oath of office.

RECALL OF THE MAYOR- This amendment would change the current wording of the City charter on the subject of a Recall, which stated that in order to have a mayoral recall a petition must be signed by 10% of the total voters of the last Mayoral election. This amendment would make the City Recall rules to match the State law which contends that the petition would require signatures equal to 15% of ALL REGISTERED VOTERS in the city of Memphis.



THE FOLLOWING ARE POSSIBLE REFERENDUMS PLACED ON THE BALLOT BY THE CITY COUNCIL.

-CONTRACT AUTHORITY,This motion would declare that the Mayor of Memphis be named the sole contracting authority and that contracts at or above a certain amount must be approved by the City Council.
NOTE,-The amount in question has yet to be set, but proposal have been made in the amounts of 75,000 dollars as well as 50,000. There is also some wrangling as to how this would impact the sale of municipal bonds.

NOTE, Mayor's Herenton and Hackett both appeared before the Commission at the previous meeting and spoke against this proposed amendment. As a result the Commission withdrew it's support for this amendment, but City Council Member Barbara Sweregen Holt-Ware, has placed it on the agenda for the City Council. Thus it may still appear on the November ballot.

-DEPUTY DIRECTORS-The City Council will also discuss and vote on approving a possible referendum that would give the City Council oversight and approval in the selection of the Mayor's Deputy Directors.




I am sure that the Commission is looking into and considering the finer points of all these issues, but i'll keep you posted on the progress.

I hope this answers your questions and we really hope that we can count on your help. As you can see these are complicated issues.

We are seeking volunteers for the Phonebank portion of our campaign.Here at the Mid-South Peace and Justice Center @ First Congo Church just south of the intersection of Cooper and Young. 1000 South Cooper, Mphs Tn. 38104. We will be making calls On Tues-Weds-Thurs nights on and Aug, 12th 13th and 14th. and every week afterwards until the week of Aug 27th From 5:30 to 8:30pm I hope we can count on your help.If you have any other questions please feel free to email me at Bradwat@gmail.org and or call me at 901 745-4990.


DEMAND CHANGE