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
Monday, September 22, 2008
Wednesday, September 17, 2008
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.
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.
Wednesday, September 10, 2008
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
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
Thursday, September 4, 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
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
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