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News

Tennessee’s Legislature Fighting “Living Wage” Laws

Bryce Ashby and Michael LaRosa point out how the Tennessee General Assembly is going out of its way to ban “living wage” ordinances enacted by cities in the state.

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News The Fly-By

Bike of the Tiger

Since 2010, Memphis has added 50-plus miles of bike lanes, as well as greenline trails and “share the road” signage.

The University of Memphis is taking advantage of the city’s recent bike-friendly status with the launch of Tiger Bike, a student bike-sharing program.

By paying a $35 per semester registration fee, U of M students can rent bikes for up to two weeks at a time.

“There are so many students who live within a two-mile radius of campus and don’t have to drive their car to campus,” said Amelia Mayahi, sustainability coordinator for the U of M. “They can ride their bike and go straight to the door where their classes are. And we also have a parking issue on our campus. I think this [program] could help with the limited amount of parking spaces.”

The bikes, which were supplied by the Peddler Bike Shop on South Highland, can only be rented by students who are enrolled for the 2013 school year and have all of their semester fees paid.

More than 50 bikes are available for students to choose from at the Tiger Bike Shop at 3699 Southern Ave. Prior to a student’s first bike rental, they must sit through a 20-minute membership course that instructs them on how to properly utilize and secure the bike and safety rules of the road. Students may call or email the Tiger Bike Shop in advance (678-4201, tigerbike@memphis.edu) to check on availability.

The program is funded by the Student Green Fee, an initiative that requires all full-time students to pay a $10 sustainable campus fee each fall and spring semester.

It also corresponds with the university’s Memphis Healthy U initiative, which encourages students and employees to exercise daily, eat healthier, and become tobacco-free.

“A lot of students’ complaints are that they can’t fit in exercise because they’re so busy, so this is definitely another avenue of getting students active to live a healthy lifestyle,” Mayahi said.

The bikes are available on a first-come, first-served basis, and a 24-hour window between checkouts is required to avoid students repeatedly renting the same bicycles. If all bikes are checked out, students are placed on a waiting list until one becomes available.

Mayahi visited other universities that have bike-sharing programs, such as Ole Miss and Rhodes College, and researched their initiatives before launching Tiger Bike.

After judging the program’s success this spring, more bikes may be available for students to rent in upcoming semesters. Faculty and staff may also be able to rent bikes in the future.

“With 55 bikes and as many students as we have, I really think that the interest in this program is going to be very [high],” she said. “I think we’ll have more students than bikes at some point. This is going to be a pilot year, and we’ll test how the program progresses. I definitely think we will need more bikes in the future.”

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News The Fly-By

What They Said

Greg Cravens

About “Ku Klux Klan Rally Is a Non-Event in Memphis,” partly because of the weather and the KKK’s megaphone problems:

“Damnit, who put Cletus in charge of the batteries again?!?” — ingognito

About “Crosstown Colossus” and plans for the empty Sears Crosstown building:

“I can remember the Sears there as a little kid in the early 1970s. Store was right out of the show Mad Men. The place was huge and was the ‘main store’ of Sears, before the malls. The days of the cavernous super duper department store are probably gone.” — senor

About “Letter from the Editor” and legislators fretting about mop sinks in the Capitol:

“They needed the extra mop sinks to clean up the BS that floated through the chambers every day.” — jeff

About “A Tie Vote on Teacher Pay Change at School Board”:

“Sorry, but 43K up to 70K is plenty for a teacher for 9 months work. MONEY IS NOT THE PROBLEM. If you went into teaching to become rich, maybe you’re really not the right person to be teaching.” — CEBorst

About “Hi-Tone Set to Return”:

“Why the F do they have to ask a church if they can sell alcohol? What century is this?” — lfine

Comment of the Week:

About “The Rant” and a local bar’s alleged mistreatment of a
“It’s important to society that we protect the weak and feeble, but it’s also MANDATORY that establishments that serve alcohol protect society by not overserving and releasing intoxicated people onto the street.” — HCS

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News The Fly-By

Foot Traffic

Forget about the horse carriage, the tour bus, and the Segway. Tourists can get a workout and see the city’s attractions at the same time, thanks to Rockin’ Running Tours.

Started in 2010 by Germantown residents Mel Baddorf and John Litner, Rockin’ Running Tours has gone from a side business venture to a full-on tourist attraction. Baddorf and his two sons lead runs around the city multiple times each week.

When the company launched, Baddorf and Litner began advertising on websites like Trip Advisor and Groupon, gaining the interest of tourists from as far away as Australia. But after Litner moved to Dallas, Texas, last year (where he started doing similar running tours), Baddorf and his sons inherited the company.

“This isn’t exactly the type of business where you make a lot of money, because we’re dealing with a very specific type of tourist,” Baddorf said. “But you’d be surprised at the number of runners who contact us about seeing the sites and learning the history of Memphis.”

Enlisting the help of Baddorf’s sons wasn’t difficult. Both ran for the Houston Mustangs’ state-championship cross country team before accepting full track-and-field scholarships to Samford University. Baddorf joked that having such talented runners in his family comes in handy when Rockin’ Runners gets an unusual request.

“The other day, a lady wanted to do a 10-mile run because she was training for a marathon and six miles was too short for her,” Baddorf said. “I let my son take her on that one.”

Rockin’ Running Tours only covers downtown and Midtown, with three-mile or six-mile run options. The three-mile run starts in Tom Lee Park, where runners can see the Pyramid and the site of the Sultana‘s sinking. Baddorf then takes runners to Beale Street before they zip past the Gibson Guitar Factory, the old Hotel Chisca, Main Street, the National Civil Rights Museum, and Central Station.

“Typically, the three-mile run is more of a walk because it takes time to see everything on the tour,” Baddorf said. “But we go at whatever pace people need us to go in both the three-mile and six-mile runs.”

The six-mile run covers everything in the three-mile run, but Baddorf includes Sun Studio and Victorian Village. Baddorf also includes more information on the Civil War in the six-mile tour. If a group that books Rockin’ Running isn’t interested in an educational workout, Baddorf also offers “pub crawl” tours that take visitors to three or four bars in the Midtown area. 

“Every once in a while someone will want to do a pub crawl,” Baddorf said. “People will go in, order a beer or whatever they want, and when they’re finished, we jog for another mile until we get to another bar. We don’t do a huge number of those, and obviously it’s not a good idea to run very fast after you’ve had a couple beers.”

With running tours sprouting up in different cities across the country, Baddorf said he likes when people call him for advice.

“People will call me sometimes and tell me they’ve starting a running tour in a new town, and I’ll give them advice and tell them things that I’ve tried,” Baddorf said. “Hopefully, other people are learning from our experience.”

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News The Fly-By

Recycling, Revamped

It’s hard to get excited about keeping recyclables out of the landfill when your recycling center looks like it belongs in a landfill.

Margot McNeeley, executive director of Project Green Fork, a nonprofit dedicated to reducing the environmental impact of locally owned restaurants, found herself pondering this very irony at the Cooper-Young recycling center, located at the corner of Cooper and Walker next to First Congregational Church.

“We frequently use the recycling bins at First Congo and have since Project Green Fork began,” McNeeley said. “We started noticing what a mess it was. It wasn’t being emptied enough. It wasn’t being managed and maintained.”

Not only was the space littered with trash, it was tucked away in a poorly lit area and the two large recycling containers — repurposed department store dumpsters — were covered in graffiti.

So McNeeley teamed up with Madeleine Edwards of Get Green Recycleworks to turn these recycling eyesores into a public art project. First they went to Andy Ashford, administrator of recycling and composting for the city, to ask to take over the management of the recycling center, which was only being emptied twice a week. McNeeley and Edwards partnered with ReCommunity Memphis Recycling to get the bins emptied more often, and then they moved on to the bigger issue: the containers themselves.

“We knew we needed new containers, and Paul Young of the Shelby County Office of Sustainability found a grant for us to get the two containers,” McNeeley said. “So we had these two new containers, and they looked great, but we thought, What can we do to make it look even better over here?”

They moved the containers to the corner, closer to street lamps, and then reached out to the UrbanArt Commission for help sprucing up the exteriors.

“We wanted it to fit with the vibe of Midtown, with the vibe of Cooper-Young,” McNeeley said. “These containers are for everybody, not just Project Green Fork restaurants, and we don’t make any money off of this. It is all being done for a community project.”

Project Green Fork and the UrbanArt Commission teamed up to launch a campaign on Kickstarter to raise $3,320 to pay for an artist and supplies to decorate the containers. The call for artists is underway — deadline for submissions is April 30th — and though they’ve raised the goal already, McNeeley said they’re still looking for funding to cover Kickstarter fees and shipping fees for sending gifts to donors.

Once the container design is selected, the UrbanArt Commission and volunteers will execute the artist’s vision.

“We really want the community to embrace it as theirs,” McNeeley said, “to take care of it like it’s theirs, because it is. It’s a community recycling center. And because it looks better and there’s better lighting, it encourages people to use the containers more, and therefore, recycle more and keep more out of the landfill.”

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Politics Politics Feature

Texts and Subtexts

The auditorium of the Vasco Smith county building was full, as it normally is when there’s a controversy to be resolved or an appointment to be competed for. In the case of the Shelby County Commission’s regular public meeting on Monday, both conditions pertained.

Given that most of the attendees were on hand to boost the chances of one of three candidates to fill a Probate Court vacancy (and most of those to support candidate Kathleen Gomes), someone suggested leapfrogging down the commission’s agenda to Item 19, the court appointment of an interim judge to replace retiring judge Robert Benham.

The candidates, all lawyers, were Gomes, who boasted many years’ experience trying cases in Probate Court; state senator Jim Kyle, who heads the diminished band of Democrats in the state Senate; and former Shelby County commissioner Julian Bolton.

Gomes was nominated by Heidi Shafer, Kyle by Sidney Chism, and Bolton by Walter Bailey. As befitted the turnout on her behalf, Gomes had the most testimonies by audience members. Bolton’s mother and sister spoke on his behalf. Kyle spoke to his “30 years making decisions in the public realm” and his “ability to work with everybody.”

Commissioners also toasted their favorites. Chris Thomas noted that he himself was a Republican while Gomes was a Democrat and touted that fact as proof that his preference had nothing to do with politics. The claim generated a laugh line when Chairman Mike Ritz, also a GOP member but one increasingly inattentive to the party line, said straight-facedly to the more avowedly partisan Thomas, “Oh, you’re a Republican?”

In speaking for Kyle, Commissioner Terry Roland also made the claim that his choice was above politics. All the candidates were “equally qualified,” said Roland, but, “Me and this gentleman [Kyle], we go way back … [pause] to Ophelia Ford days.” That was a reference to the Senate’s consideration of a contested special state Senate election in 2005, one eventually resolved in favor of Democrat Ford and against Republican Roland. 

Roland said Kyle had not “done right” by him then. But since? “I’ve got to know his heart … have come to respect this gentleman, immensely. I’m throwing my support to Jim Kyle.”

As was fairly well known before Monday’s meeting, and was explicitly volunteered by Roland in a conversation before the meeting, Tennessee lieutenant governor Ron Ramsey, the state Senate speaker and a staunchly conservative Republican, had endorsed Democrat Kyle and had made a point of communicating the fact.

It was less well known, except in Democratic Party circles, that something of an understanding — or at least a hope — existed that Kyle’s Senate seat, if vacated, might be awarded by the commission at some point to former state senator Beverly Marrero, who was defeated in last year’s Democratic primary by Kyle in the district they both shared after GOP-controlled redistricting.

The Senate-appointment issue, in any case, was the source of a sore spot that developed during the voting. After the first ballot, Kyle had six of the seven votes needed, Gomes had four, and Bolton had two. Bailey, who had committed to Bolton on the first ballot in homage to his ex-colleague, quickly announced he was switching his vote to Kyle, giving him seven votes and, for the space of a few seconds, making him the apparent probate judge-designate.

Then occurred what is surely the most awkward and potentially embarrassing moment in the commission career of Democrat Steve Mulroy, a Kyle voter on the first ballot. Immediately upon Bailey’s switch, Mulroy announced his own. Instead of voting for Kyle, he would pass.

Mulroy later said that he had made no promises to Kyle and had voted for him on the first ballot as a courtesy but had always anticipated voting for Gomes in what he expected would be some subsequent ballot. Whatever Mulroy’s motives, his action was, to say the least, an eyebrow-raiser, and he had best not be expecting a place on Kyle’s Christmas card list this year.

This was the second time in a two-year span that Kyle had suffered a sudden reverse at the hands of a fellow Democrat on the commission. In 2011, he had applied for the position of interim member of the Unified School Board, just then being appointed by the commission, and was within a vote of victory when Democrat Justin Ford decided to cast his vote for Republican Kevin Woods, Kyle’s opponent and, thereby, the victor.

It should be noted that Mulroy was not the only Democrat ultimately recorded as voting for Gomes. So were Melvin Burgess and Henri Brooks.

• Brooks would figure as one of the principals in another surprising development Monday, and this one, too, had some importance. This was regarding a resolution authorizing the payment of some $103,889.28 to the lawyers engaged by the commission to litigate the ongoing school-merger controversy. This is the kind of vote that normally, with all 13 members voting, gets an 8-5 outcome, with the supporters of school merger in the majority and opponents, mainly suburban members who support municipal school districts, in the minority.

This time the resolution failed, however, getting only six of the seven votes needed for passage. The vote was taken in the immediate aftermath of a philippic made by Brooks against Chairman Ritz, a merger supporter, whom she accused of speaking to her rudely. Whether for that reason or some other, Brooks abstained from voting. And Democrat Bailey, another merger supporter, was temporarily out of the chamber.

Presumably, the commission will have opportunities to vote again on the matter at a subsequent meeting.

• The other major development at Monday’s meeting was the commission’s vote, by the aforesaid 8-5 margin — seven Democrats plus Ritz versus five Republicans — to approve an ordinance, on third and final reading, to exempt from Shelby County residence requirements all of the erstwhile Memphis City Schools teachers coming into the new county system via merger.

Another ordinance, proposed by Millington’s Roland, a vehement foe of merger, would have authorized a referendum on the issue of revising the county charter so as to eliminate the residency requirements for all county employees. To reject this ordinance after passing the preceding one would be “hypocrisy,” said Roland, who went on to say, “I know a lot of people in Nashville. Surely you wouldn’t want the legislature to see this.”

When his proposal went down 8-5 (though with a different mix of ayes and nays than usual), Roland, who has taken to suggesting with increasing intensity and frequency that he, in effect, sits at the right hand of Ron Ramsey, thundered that the legislature might be brought to overrule the commission’s previous vote to enlarge the permanent Unified School Board from seven to 13.

• The Tennessee General Assembly was, however, moving quickly toward a scheduled mid-April adjournment, and, though school legislation favored by Shelby County’s suburban municipalities — bills to enable municipal schools and private-school vouchers, among others — still had some hoops to pass through, they seemed headed toward final passage this week or next.          

In a longish chat with reporters last week, Ramsey made the case for the legislature’s current pell-mell progress toward adjournment as a matter of recovering what had once been the norm. Ramsey also strongly advocated legislation, now scheduled for consideration in the assembly’s final week, that would allow the nomination of U.S. Senate candidates by party caucuses in the legislature rather than, as at present, in open public primaries.

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Editorial Opinion

Reason To Smile?

When editors of the next edition of this or that dictionary are searching for something to illustrate the word “irrepressible,” they need look no further than Jack Sammons, the newly named chairman of the Memphis-

Shelby County Airport Authority, who downplays his other considerable skills by referring to himself as a “salesman.”

But no Willy Loman is he. Sammons, a versatile businessman/entrepreneur and longtime member of the Memphis City Council, not only has the brightest Cheshire cat smile in our corner of the Western world, he has the most unquenchable optimism.

And therefore, when Sammons took his sales pitch on the future good prospects of the airport to a Memphis Rotary Club luncheon this week, he made no effort to ignore the airport’s “awesome challenges,” which he laid on the table as problems to be solved. Some of these problems transcend our local sphere. Sammons said the airline industry itself has diminished by 16 percent since September 10, 2001, the day before the attacks on New York’s World Trade Center transformed the nation’s commercial and personal habits.

That same number — 16 — also describes the number of airline hubs that have gone out of existence since 1990. We all know about the ongoing mergers, such as Northwest’s absorption by Delta, which has drastically downsized its inherited Memphis hub operation to a nominal presence.

Sammons offered a bit of good news on this latter point, saying he talked with Delta’s CEO last week and was assured that “no more Draconian cuts” are in the offing. For what it’s worth, Sammons also got himself invited to serve on the airline’s “Customer Advisory Board.” Hopefully, he will lobby forcefully on behalf of Memphians who have seen their available flights reduced while rates have continued to rise.

Sammons said he has also been engaging with officials of Southwest Airlines, the low-cost carrier that has become a national phenomenon among airlines and which, at long last, is due to initiate new service in Memphis during the coming year through its AirTran acquisition.

Sammons said he pushed for more flights and was told, “The more you take, the more you’ll get.” To Sammons, that meant advising his audience to join Southwest’s Rapid Rewards program to demonstrate a strong local commitment.

Unsurprisingly, Sammons touted the inestimable value of FedEx to Memphis’ air operations, in ways ranging from its contribution to landing fees to the company’s transformation of Memphis into “the Bethlehem of cargo aviation.” He also cited the value to the airport of the new, multi-decker parking garage, which Sammons considers a potential cash cow.

There’s big-picture stuff, and there’s good housekeeping to be taken care of. On the latter score, Sammons promised to pursue such improvements as internal rental-car decks, internet availability everywhere on the property, and more people-friendly attitudes everywhere — including, he assured the Rotarians, on the part of TSA inspectors.

It’s good that Sammons is smiling. Now, if he can only get the air-traveling public hereabouts to do the same, we’ll truly have something.

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Opinion Viewpoint

Living Wages

In light of recent Republican electoral failures to communicate with Hispanics, immigrants, African-Americans, and hourly wage earners, pushing anti-living-wage legislation would seem politically counterintuitive. But here in Tennessee, the Republican-controlled state legislature passed a bill on March 28th that’s injurious to workers and now awaits action by Governor Bill Haslam.

Living-wage ordinances were enacted in 2006 and 2007 by the city of Memphis and Shelby County Commission respectively. The ordinances require that all employees of the city and county, as well as employees of companies contracting with those entities, receive at least $10 per hour with health insurance or $12 per hour without. At the $10 level, assuming a 40-hour work week and 52 weeks of solid work, workers take in approximately $19,200 before taxes, per year. This is hardly a fast-track path to prosperity, but the ordinance offers a modicum of dignity for working people. Who, then, could be against a reasonable policy that guarantees workers a decent wage and path to self-sufficiency?

State senator Brian Kelsey (R-Memphis) and Representative Glen Casada (R-Franklin) sponsored SB/0035 – HB/0511, which eliminates the right of cities and municipalities to prescribe wage standards above the federally mandated minimum wage. This legislation, under the guidance of Kelsey, even goes a step further and prevents any city or county from passing future “wage-theft” legislation.

Wage theft, defined as any instance whereby a worker is denied the pay that he or she has earned under state or federal law, occurs with alarming frequency. Two out of three low-wage workers claim to have suffered some form of wage theft at the hands of their employers. Wage theft targets the poor, the undereducated, and immigrants, many of whom live paycheck to paycheck. Their lives can be completely upended by unscrupulous, dishonest employers. Proposed wage-theft ordinances would provide simplified, low-cost measures to quickly remedy such abuses.

Evidently, Kelsey, Casada, and supporters of this egregiously bad, anti-worker legislation hope to move the county back to the mid-19th century, when workers had no rights and lived at the margins of society, where they could be battered about by the capricious whims of their employers — their overseers. In this difficult economy, workers need support from legislators. But in Tennessee, the state legislature seems responsive only to managers, owners, and financiers. This legislation is one more example of a creeping, dangerous disconnect between the Republican Party and working people.

As the gap here in the U.S. between management and workers grows — 1 percent of the population now takes home 21 percent of all wages in America — it’s difficult to understand how legislation such as SB/0035 – HB/0511 advances through and passes a state legislature in a state that is generally considered reasonable, with a diverse, mixed economy. Healthy economies and societies never grow from the top down — they grow from the bottom up, by supporting wage earners while offering them reasons to lay down roots and build neighborhoods and communities. Condemning workers to poverty and powerlessness is hardly an admirable or healthy model for social development.

The alternative to the Kelsey/Casada legislation is simple and clear: Pass a state minimum-wage requirement that guarantees workers a living wage and adjusts for inflation. This would provide individuals with an incentive to work, stimulate the economy by putting more money into the pockets of workers who tend to spend more of their earned income, and put workers more clearly in command of their own destinies.

Let’s support people who work for a living. Legislators who would deny fair wages to workers here in Tennessee undermine the dignity of all working people. As a political agenda, the assault on workers, the working poor, and those who struggle to make ends meet is not in the best interests of Tennessee. It is merely another step in the “race to the bottom” with states like Mississippi and Alabama, which deny worker rights in a cloying attempt to build a “pro-business” environment on the backs of workers.

Workers in Tennessee, and in the nation, need friends and support. In the short term, let’s hope Governor Haslam is one of those friends and vetoes this anti-labor bill. In the long run, we can only hope that hourly workers consider this legislative assault and support candidates who truly represent their best interests.

Bryce Ashby is a Memphis attorney. Michael LaRosa is a professor at Rhodes College.

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Cover Feature News

Mr. Rogers’ Neighborhood

Charlie, a tan German shepherd mix, wants a treat. A man is dangling a bone-shaped dog biscuit in front of his face, and Charlie is doing everything to prove he’s worthy. When the man asks him to sit, he does so, longingly gazing at the treat with his piercing light-brown eyes.

Then Charlie lies down without being asked, as if to say, “See, I know this trick too.” Finally, the man concedes, and Charlie eagerly takes the treat. He looks like he could use a few more. His ribs are showing through his short, tan coat.

Charlie was adopted from Memphis Animal Services (MAS) once before, but his new owner returned him. Now, he’s showing off in the brightly colored doggie visitation room at MAS. Charlie is probably hoping he’s going home with the man with the treat, but unfortunately for him, that man is Flyer photographer Justin Fox Burks, and he already has enough dogs at home. Charlie is still up for adoption at MAS.

He’s one of hundreds of dogs, cats, and the occasional horse or chicken that come through the shelter each month. Fortunately for Charlie and the rest of the animals, conditions have improved somewhat since the city hired interim shelter director James Rogers in February 2012 and since the animals from the old, worn-down animal shelter on Tchulahoma were moved into the new facility on Appling City Cove.

Euthanasia rates are down. Adoption rates are up. The staff seems friendly as they greet guests who walk in the door. The building even smells pretty nice, considering that it’s home to hundreds of animals. The whole place has a happier feel to it compared to the old shelter, which was a haven for airborne animal disease.

But the shelter has always had its share of tough critics. Animal advocates have been watching Rogers’ every move since day one. Some recognize that a few improvements have been made, but they’re vocal about the problems that still exist.

At a recent MAS advisory board meeting at the Benjamin L. Hooks Library, animal advocates raised concerns about unanswered calls by animal control officers, kennel beds that are falling into disrepair, and a state-of-the-art veterinary clinic that isn’t being used to its full advantage. Many of the shelter reform advocates continue to push for MAS to become a no-kill facility.

“I say to the critics, continue to voice your opinion,” Rogers said. “I need it. It helps me fix some of the things I haven’t seen, some the weaknesses, some of our flaws. With their help, we can become the world-class facility that we want to be.”

History of Abuse

The shelter critics have good reason to be concerned. MAS has a history of problems. Perhaps the most egregious situation occurred in October 2009, when the Shelby County Sheriff’s Office raided the shelter and discovered animals were being starved to death. Former shelter director Ernie Alexander and two employees, shelter supervisor Tina Quattlebaum and veterinarian Angela Middleton, were arrested on charges of animal cruelty (Middleton was acquitted last October, but Alexander and Quattlebaum are still awaiting trial).

After the raid, Mayor A C Wharton hired Matthew Pepper to lead the shelter. And although Pepper made some improvements, he failed to turn the shelter around. Pepper resigned in August 2011, not long after animal control officer Demetria Hogan was arrested on cruelty charges when one pit bull died in her care and another, Kapone, went missing for months (He was later found in Senatobia, Mississippi, and reunited with his family in Cordova). Hogan has yet to be tried in that case.

Around the same time, the Memphis Rotary Club did an independent investigation into shelter operations and interviewed several employees, who admitted that some of their co-workers were involved in dog-fighting.

When the shelter was between directors — from November 2011 to February 2012 — undercover Memphis police officers observed shelter employees Archie Elliot, Frank Lightfoot, and Billy Stewart abusing animals in the euthanasia room. In one case, Elliot was seen lifting a dog that was scheduled to be euthanized off the floor by its leash and choking it by letting it dangle over a sink.

Elliot was sentenced to two years behind bars for hanging and choking dogs, while Lightfoot, who was observed stomping on cats, was given 20 days in prison and 23 months of probation. Stewart still awaits trial.

A New Leaf

In late February 2012, Wharton appointed retired U.S. Postal Services manager James Rogers to lead MAS in an interim role. Although his position is still technically temporary, the city has put the search for a permanent director on hold.

“Mr. Rogers came in carte blanche with no previous animal administration experience, but what he had was a sense of auditing, a sense of constant supervision,” said Steven Tower, a veterinarian and the chair of the MAS advisory board. “He was able to take that template of what it takes to get a piece of mail delivered positively every time and apply it to making sure his kennel workers are checked on a regular basis. There’s constant auditing and supervision going on, and I think that’s where Rogers fits in.”

He was hired shortly after the city erected a new multi-million-dollar shelter facility, complete with cat and dog socialization rooms and a state-of-the-art ventilation system.

“Coming in and seeing all the news reports concerning the shelter and the way the animals were treated, it was clear to me that we had a training issue,” Rogers said. “It was clear that there was an issue of leadership and an issue of holding employees accountable. Those things coupled with the findings in the Rotary Club report helped me identify some of the weaknesses and to make sure it’s run correctly.”

Rogers instituted training sessions on animal feeding and care, kennel cleaning, and other areas with help from the Humane Society of the United States. He installed a system of supervision to oversee workers in all areas of the shelter.

“Every supervisor and manager walks through the shelter with logs and identifies things they see wrong. A technician comes behind and looks at the logs and eliminates deficiencies,” Rogers said.

The old shelter not only had a bad reputation for dogs dying of airborne diseases, such as distemper. While under Pepper’s leadership, a distemper outbreak at the shelter led to dozens of animals being euthanized. The new building features a better ventilation system.

The new facility is also much cleaner. “The conditions are more sanitary, and the kennels are much cleaner. In the old shelter, you’d walk through, and it was so dirty that you’d want to start crying,” said Jody Fisher, who helps find homes for shelter dogs.

But despite a healthier animal population, a cleaner facility, and better supervision, the shelter still suffers from an image problem. The new facility certainly helps, but Rogers felt that some rebranding was in order, so he found an artist to redesign the MAS logo through a public contest last year.

“We are trying to rebrand ourselves and leave our negative image behind. We offer new and better services, and we have better outreach,” Rogers said.

MAS recently began participating in an American Society for the Prevention of Cruelty to Animals-sponsored trap/neuter/release program for cats, through which volunteers catch feral cats, have them neutered in the shelter’s vet clinic, and release them back into the wild.

Rogers hired a groomer to make adoptable dogs look more marketable. MAS has also increased the number of off-site adoption events. In April, there are four scheduled adoptions at area pet stores and Buffalo Wild Wings.

“We are increasing our visibility in the community by doing more special events. We had started to do that in the old shelter, but it wasn’t until Mr. Rogers came that we increased it this much. I’d say we’re doing 1,000 percent more outreach,” senior animal-care technician Tracy Dunlap said.

But some say the shelter still isn’t doing enough to market its adoptable animals.

“They have been doing more adoption events, but why not have them every day?” Mary Marjorie Weber Marr, who regularly finds homes for shelter dogs, said. “One volunteer could take one cat or one dog and sit outside a movie theater or some place. Maybe that dog doesn’t get adopted that day, but it says, ‘Don’t forget about the shelter.'”

Adoptable animals are now listed on PetHarbor.com, which is the largest website for shelter animal listings. For years, shelter critics had been trying to get MAS to list its dogs and cats there. MAS installed the software for it in 2009, but the city didn’t begin using the site until 30 days after Rogers began as interim director.

However, some animal advocates say the shelter isn’t using the site to its full potential. The website has a feature that helps people look for lost animals that may have wound up in a shelter, but Rogers says MAS policy does not permit them to post photographs of every animal that comes through the facility.

“Some animals come in injured or diseased, and they are not put on Pet Harbor, per MAS policy,” Rogers said. These animals are not listed on Pet Harbor, because they are not available for public view or adoption.”

But Marr would like to see the shelter move toward a policy of showing every animal on the site.

“If they’re not on Pet Harbor and they’re lost, their family may not find them. And what’s the chance that I or another advocate could network an animal without a picture?” Marr said.

Problems Persist

Since Rogers took over at the shelter, the euthansia rate has gone down several percentage points. For years, the kill rate at MAS hovered around 80 percent. At the last public advisory board meeting in January, Rogers announced that rate was down to 59 percent.

And while that number sounds impressive, comparatively, shelter critics are quick to point out that animal intake rates are also down. If they’re picking up fewer stray dogs, fewer dogs will be put down. In February, MAS took in 851 animals, compared with 1,173 in 2009, when the kill rate was at an all-time high.

Despite Rogers’ claims of better auditing, news broke in February that MAS was still having some problems managing its data. One television news report found that MAS records showed 136 animals had died in their kennels last year. Yet when questioned, Rogers said that number was due to poor record-keeping, and the actual number should have been 43.

“We now have an employee over [night] operations. They look at the entire inventory to make sure that, when we’re getting ready to close for the day, we don’t have any sick animals,” Rogers said. “Nashville only had 24 animals die in kennels last year, so we put something in place to improve our numbers.”

Despite its appearance as a cleaner facility, the new building has already presented a few problems. Shortly after its opening, the paint on dog beds began chipping away due to a manufacturer’s defect. Although the problem has been known for months, MAS has been slow to correct the problem. At the January advisory board meeting, some board members voiced concerns that the facility’s state-of-the-art clinic was being underutilized. An X-ray machine sat broken for nearly one year, although it was recently repaired.

And although the clinic was built large enough to provide not only services for the animals housed at the shelter but low-cost spay and neuter services for the general public, those programs have yet to be instituted. Rogers said MAS plans to begin implementing public spay and neuter services within the next 30 days.

Some animal advocates who work to help dogs get adopted say they’re not being given enough time to find homes for animals before they are put to sleep. Marr said she recently visited the shelter on a Tuesday night to take pictures of two dogs she’d planned to network. Both dogs had only been available for public adoption for a short time — in one case, the dog was made available four days prior and the other dog only one day. The day after Marr took pictures of the dogs, they’d already been put to sleep.

“They were killed before the shelter even opened, before we had a chance to network them,” Marr said. “A picture and a little bit of time gives these dogs a chance.”

Tracy Dunlap admitted that some animals aren’t given much time, but he said MAS is forced with the tough decision to euthanize to make space for more animals.

“If someone says they’re networking a dog, we give them 48 hours. I realize that’s a short turnaround, but we’re entering our busy season and we will be filling up the next few weeks,” Dunlap said. “For every animal that we hold while someone is networking it, at least six more animals come into the shelter.”

As for euthanasia practices, Rogers has implemented grief counseling for those who are tasked with putting animals to sleep. But the shelter’s critics say that’s not enough. They want all animals tranquilized before they are put to sleep. Currently, only those animals that are hyperactive or hard to handle are sedated. Rogers said sedation for all animals that are euthanized was placed into the shelter’s 2014 budget, but that budget has yet to be approved.

Additionally, critics want surveillance cameras added to the euthanasia room to prevent the kinds of cruelty that happened in the Stewart/Lightfoot/Elliot case.

“I don’t think cameras in the euthanasia room is a good idea,” Steven Tower said. “Things that a learned supervisor could see to be reasonable restraint could be interpreted in a way that is unfavorable [if the footage were made available to the public through an open records request].”

“We want a camera in the euthanasia room, and we’re not going to stop asking for it,” Marr said. “It protects both the workers and the animals, so long as the workers don’t have anything to hide.”

In the Field

Animal control officers are tasked with picking up strays, writing citations for violations of the city’s spay/neuter and licensing ordinances, and investigating cruelty cases.

Rogers added GPS tracking to the officers’ vehicles, something the shelter’s critics had been asking the city to institute for years.

“The GPS has made a huge difference,” Rogers said. “I can open a spreadsheet and see where every officer is today. It shows how fast the officers are going, how long they’re stopped at locations, and it pings against the satellite every few minutes if the vehicle ignition is turned off.”

Cindy Sanders and Jackie Johns of Community Action for Animals agree that the positive potential for the GPS monitoring is there, but they worry MAS isn’t monitoring the software enough. And they say officers aren’t writing enough citations and are sending more cases to Division 2 city court than to the county’s Environmental Court (Division 14), which, unlike city court, has the ability to put someone under a court order not to engage in an activity in the future.

“For example, if someone has a problem with dogs running at large, they can be ordered not to let that happen in the future. A violation of that is contempt of court,” said Environmental Court referee John Cameron. “General Sessions contempt of court carries up to 10 days in jail, but city contempt of court is only a fine.”

Sanders and Johns say animal control officers have the option to send violations to either court. They sit in on Judge Larry Potter’s Environmental Court cases every Wednesday, and they say they only see two officers regularly bringing cases there. The rest are taking cases to Division 2 city court, which also doubles as traffic court.

“When we’ve asked officers why they aren’t coming to Environmental Court, they say, ‘Well, you really have to present a case and get evidence, photographs, and testimony.’ And we’re like, ‘That’s part of your job,'” Sanders said.

Rogers said he’s looking into the problem: “We’re taking a deep look at the cases that come through here to determine whether or not they need to go to Division 14 or Division 2.”

Sanders and Johns also take issue with the long list of unanswered calls. Those are calls that come into the shelter — from roaming strays to cruelty cases — that simply don’t get dealt with in a timely manner.

“Somebody calls in, and we give the calls to one of the officers. But if the officers are on an emergency call, they can’t get to answering it then and there,” Rogers said.

MAS has long suffered from a backlog of open calls, but Rogers claims he’s gotten the list down from 1,500 calls when he started to 497 by having officers check on old calls.

A list of open calls obtained from the city by Sanders in February showed that not only are officers ignoring calls about stray dogs but some calls of animals caught in traps, bite cases, and cruelty complaints have gone unanswered.

“There was one call of a stray caught in a trap from October 25th that was never responded to. That dog is surely dead now,” Sanders said.

Johns thinks the county government might do a better job at overseeing the animal shelter. It’s an idea that Memphis city councilman Shea Flinn believes might work. Last week, he presented the Shelby County Commission with a proposal to give shelter operations to the county in exchange for the city continuing to provide Memphis police officers as security for county schools. The deal could save Memphis nearly $2 million. County CAO Harvey Kennedy assured commissioners that the county would look further into the swap before a deal would be struck.

Other cities, such as Austin, Texas, and Ithaca, New York, have successfully made the switch to a no-kill model, which means animals are only euthanized when they are sick or injured and never for lack of space. Marr says making that switch would mean that MAS would have to do a better job repairing its image and marketing animals.

“People have this idea that no-kill is extreme, but it’s not. It’s really just common sense,” Marr said. “It’s about being friendly, changing your image, and making the shelter a place where people see it as a resource.”

Rogers hasn’t entertained the no-kill option, but he says he is striving to continue to improve MAS day by day.

“I think we’ve already made a huge turn toward success in being a world-class facility,” Rogers said. “We’ve made a huge turn toward servicing the community and being the best in the Mid-South.”