Wednesday, August 6, 2008

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

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