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News News Blog

Boyd Says Not Voting for District 1 Seat Was Nonpartisan Move

Council chairman Berlin Boyd

Some members of the public have questioned Memphis City Council Chairman Berlin Boyd’s leadership during the council’s November 20th

attempt to fill the vacant District 1 seat, but Boyd said Thursday his decision not to vote was a measure to keep the decision nonpartisan.

A little over week after the council stood deadlocked on two candidates — Rhonda Logan and Lonnie Treadaway — Boyd released a statement saying he decided not to vote after the process “quickly became noticeably partisan in a nonpartisan body.”

“I decided early on that it was not prudent or appropriate for the chair to assert any influence on the process or vote on a matter that had the obvious potential to fall upon partisan lines,” Boyd said.

Boyd did vote for Treadaway a handful of times throughout the 100 rounds of voting, joining Council members Worth Morgan, Frank Colvett Jr., J. Ford Canale, Reid Hedgepeth, who were strong Tredaway supporters.

While, Logan was supported by Jamita Swearengen, Martavious Jones, Patrice Robinson, Joe Brown, Edmund Ford Jr., and Janis Fullilove.

Logan repeatedly received six votes — one shy of winning. While Treadaway averaged about three votes.

Boyd said when the meeting appeared to be getting out of hand and “there was no way we would get to seven votes for either candidate, he made efforts to adjourn the meeting so that “emotions could settle down and cooler heads could prevail at another meeting.”

The residents of District 1 deserve representation and a fair, nonpartisan process as set forth by the Charter of the city of Memphis, Boyd said.

“Again, I will be calling upon my fellow council members to allow their wisdom to supersede their emotions so that we can facilitate a smooth election process to fill these seats,” he said.

The chairman said he has not decided if he will be voting when the council picks up the process at its December 4th meeting.

“Leadership requires hard choices at times, and leading is exactly what I intend to do,” Boyd said.


The District 1 seat became vacant earlier this month after Bill Morrison resigned to serve as the Shelby County Probate Clerk.

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News News Blog

Council Looks to Fill Vacancy Left by Morrison

Memphis City Council

Bill Morrison

The Memphis City Council District 1 seat will soon be vacant, as Councilman Bill Morrison’s resignation from the council becomes effective on Thursday, November 1st.

Candidates wishing to fill the vacancy may be nominated by council members and the general public, or interested candidates can submit an application packet to the council office in Memphis City Hall. The packets can be picked up from the office beginning Friday at noon and must be submitted before Wednesday, November 14th at noon.

All candidates must submit proof of residency documents, as well as a sworn affidavit and nomination petition with at least 25 registered voter signatures who live in District 1.

The council, who will ultimately decide who fills the seat, plans to vote on a candidate at its meeting on Tuesday, November 20th. At the meeting, the qualifying candidates will have the chance to deliver speeches and answer any questions council members may have for them. Then, the council does multiple rounds of voting.

The process calls for the candidates receiving less than two votes in the first round to be eliminated. The voting continues until one of the candidates receives seven votes. After three rounds of voting, Chairman Berlin Boyd has the option to only consider the top two nominees.

Morrison, who was elected to the council first in 2007, then again in 2011 and 2015, was elected Shelby County Probate Clerk in August. Morrison, along with Janis Fullilove and Edmund Ford Jr., is one of three council members to be elected to other posts. Fullilove and Ford have yet to resign.

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Editorial Opinion

Vote No on All Three November Election Referenda

We have said all this before, but if there is one maxim regarding the process of communication worth trusting, it is that nothing benefits a message like repetition. This is as valid about falsehoods as it is about truths. Witness only the role of rote in the command psychology of ruling entities, whether fictional, as in George Orwell’s classic dystopian epic, 1984, or in reality, as in “Make America Great Again.”

It helps to repeat positive messages, too, and, while the Flyer has, from its beginning, held to a policy of non-endorsement of candidates at election time, we have made no secret of our attitude toward public policies that we deem of crucial importance to our readership.

Ed Ford

We have, for example, deplored the apparently organized reluctance of three Memphis City Council members, elected to other positions in Shelby County government on August 2nd, to resign their council seats so as to permit their constituents, via a call for special election, to have a direct voice in their replacement. The train has left the station on that one — thanks to inaction from the newly installed Probate Court clerk Bill Morrison, Juvenile Court clerk Janis Fullilove, and Shelby County Commissioner Edmund Ford Jr. — leaving it to the other 10 members of the council, not the electorate, to choose their successors.

Actually, in one case there may be a silver lining of sorts. The chairman of the Shelby County Commission, Van Turner, has hit upon the expedient of asking Commissioner/Councilman Ford to serve as a kind of liaison between the two bodies for the next several weeks, and Ford, whose abilities we do not doubt, has apparently tackled the obligation with some industry and in good faith, helping to arrange agreed-upon solutions to issues of joint city/county jurisdiction. In any case, the matter is beyond our control.

We can be somewhat more pro-active about three issues on the November 6th ballot, advising that, if enacted, they would fill a void somewhere between the mischievous and the venal. We refer to three referenda before city voters — one being a re-vote on the process called Ranked Choice Voting (alternately: Instant Runoff Voting); another eliminating runoff voting altogether; and a third, establishing term limits for the council and mayor at three four-year terms, in lieu of the current two-term limit.

All three, we think, either fail to advance the public interest, refute the public will, or are designed to be incumbent-friendly in a way that discourages free choice by the electorate. Or all of the above. The people have already voted, and by resounding margins, to establish Ranked Choice Voting (which eliminates the need for runoffs but allows for a rational and fair way to designate election winners in such cases), and the County Election Administrator has already set up the machinery for RCV in the 2019 city election. And a previous referendum limiting council members to two terms passed handily; the proposed referendum would actually expand council terms.

A “no” vote on all three referenda is the only way to affirm the freely offered judgment of the electorate, already rendered.

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Letter From The Editor Opinion

Shenanigans

Memphis City Council members Bill Morrison, Edmund Ford Jr., and Janis Fullilove are having a lucrative 90 days. Since the August 2nd election, in which all three won Shelby County offices, these “public servants” have been taking home two paychecks — one from the county for their new jobs and one from the city of Memphis for their council jobs.
That’s because none of the three have done the proper thing and resigned their council seats after winning new offices.
But the real issue isn’t the double dipping, as galling as that is. No, the real issue is that by not resigning, these three have created a situation that enables the current city council to appoint their replacements, thereby depriving their constituents of being able to select their own council representatives in the upcoming November election. The next city election after that is October 2019, so the three appointees will have the advantage of nearly a year’s incumbency in that contest. This isn’t how democracy is supposed to work.

This city council is also playing games with three referendums on the ballot for November, and you need to know what’s up. The citizens of Memphis in 2008 passed by a 71 percent margin a measure to institute Instant Runoff Voting. They also passed by a similar margin a measure to limit city council to two terms. The council is trying to overturn both of those decisions with deceptively worded referendums. For example, here’s how they’re tackling that pesky two-terms limit:

“Shall the Charter of the City of Memphis, Tennessee be amended to provide no person shall be eligible to hold or to be elected to the office of Mayor or Memphis City Council if any such person has served at any time more than three (3) consecutive four-year terms, except that service by persons elected or appointed to fill an unexpired four-year term shall not be counted as full four-year term?”

To an uninformed voter, it reads like the council wants to institute term limits — which is clever, because voters have already indicated they favor term limits. But in fact, it’s a blatant power grab to extend council members’ and the city mayor’s alloted time in office to 12 years from the current eight.

The language on the other two referendums — which would rescind IRV and eliminate single-district runoffs — is equally deceptive. The council is attempting to rescind measures that have been passed but haven’t even come into effect yet. Vote No on all three. This is some shenanigans.

Such shenanigans have also been happening on a national scale. Since the Shelby v. Holder decision in 2013, in which the Supreme Court gutted the Voting Rights Act, there have been hundreds of restrictive voting measures passed, all in the South, and all in Republican-controlled states.

The Nation reports that since 2013, there are 868 fewer places to vote in the states affected by the SCOTUS ruling. Arizona, for example, has reduced the number of polling places by 70 percent — to just one polling place per 21,000 registered voters. In the most recent election in that state, voters waited in line for five hours at many polling places. See the map accompanying this column for a full accounting of this nefarious and anti-democratic practice.

Why do elected officials want fewer voters and longer terms in office? Simple. Money and power. It’s a plague and it’s spreading from the presidency on down to the local level. I can’t think of any election in my lifetime where it’s been more important to vote than the one coming up in November. We need to throw the rascals out and put a stop to this relentless assault on our democracy.

And speaking of shenanigans. … You may have seen an insert in last week’s Flyer that appeared at first glance to be a promo for the Cooper-Young Festival but was in fact a religious tract. The insert was sent directly to our printer without getting properly vetted by the ad department. We trusted someone and we got duped. Our apologies.
By the way, the Cooper-Young Festival is this weekend, so go. Have fun. Tell ’em the Flyer sent you.

Categories
Politics Politics Feature

Shelby Politics Won’t Take a Break After August Election

For all the ballyhoo, emailed appeals for more cash, and intensified public rhetoric of recent days, the known world will exist in more or less its usual form after the electon results of this week are digested.

There are more election matters to be decided, for one thing: Someone will have to succeed the late state Representative Ron Lollar as the Republican nominee for state House District 99 on the November ballot. Lollar’s death occurred after the ballot was irrevocably composed, but on August 6th, a GOP caucus will meet to name a successor to run in November against Democratic nominee David Cambron.

The caucus will be made up of the members of the Shelby County Republican Committee who represent District 99. Those are current GOP chair Lee Mills, Mills’ wife Amber Mills, Becky Parsons, and Kenny Crenshaw. Among those interested in becoming the District 99 nominee are chairman Mills himself; Bartlett alderman David Parsons (husband of Becky Parsons); Lakeland Mayor Wyatt Bunker; and County Commissioner David Reaves.

For obvious arithmetical reasons, Lee Mills would seem to have an edge. The chairman has already cleared a prospective leave of absence with FedEx, for whom he is a pilot.

• Still unresolved, too, is the matter of whether residents of three City Council districts in Memphis will have a chance to vote on replacing any of three council members who may have been elected to county positions this week. The three are Bill Morrison of District 1, candidate for Probate Court Clerk; Edmund Ford Jr. of District 6, candidate for the County Commission; and Janis Fullilove of Super District 8, Position 2, candidate for Juvenile Court Clerk.

There had been, as of this week, no definitive answer as to when any of the three, if victorious in their county races, would formally resign their council positions. They could resign immediately upon election to their new posts, but the county charter allows them to retain their current position for as long as 90 days. If they should stay on the council for the entirety of their allotted time, there would be no opportunity to schedule a special election on the November ballot.

Jackson Baker

Janis Fullilove advocating for IRV.

What several local activists fear is that the dominant council faction, which has close ties to the city’s business elite and whose members tend to vote as a bloc, would relish the opportunity to skirt the election process and appoint the successors to any or all of the vacated positions.

Uncertainty on the point has been whetted by the claim of council Chairman Berlin Boyd, a member of the dominant faction, that the city charter does not allow for a replacement election on a November ballot. Council attorney Allan Wade apparently backs Boyd on the issue.The activist group cites charter language specifically licensing a potential November election for the purpose, and the matter is further complicated by ambivalence as to the post-election intentions on the part of the three council members whose seats would be in question. 

While continuing to keep her own counsel on the resignation matter, candidate Fullilove did choose, weekend before last, to make a public break from her council mates on another matter —  the referendum scheduled by the council for November that, if successful, would repudiate an earlier 2008 referendum enabling Ranked Choice Voting (aka Instant Runoff Voting), a process that Election Administrator Linda Phillips had scheduled for the 2019 city election.

Fullilove’s statement: “Back in 2008, as a charter commission member, I voted to support Instant Runoff Voting. I also supported it during the 2008 referendum Campaign, when 71 percent of Memphians voted for it. That was a good idea then, and it’s a good idea now. Last fall, I deferred to some of my colleagues on the city council who expressed concerns about IRV. But I have rethought my position. The people have already voted for this. We ought to give it a try. So I am … announcing my support for instant runoff voting and my opposition to any attempt at repeal. I call on my council colleagues to take both IRV referenda off the November ballot. Thank you.”

So far, there have been no takers on Fullilove’s request, and the referendum still stands. But chalk up at least a partial victory for the activist group, Save IRV Memphis, many of whose members have doubled up on the lobby process concerning the resignation matter.

Categories
Editorial Opinion

Memphis City Council Hijinks?

The Memphis City Council is under attack from various disenchanted citizens regarding several alleged pro-incumbent referenda it voted onto the November ballot — one that would counter the council’s current two-term limit for members, another that would negate the Shelby County Election Commission’s plans for ranked choice voting (RCV) in the 2019 city election, and another that would abolish all runoff elections. Now new scrutiny is arising on the question of how and when three council members might be replaced should they win other elected positions they are seeking in the August county general election.

Janis Fullilove

The three members are Janis Fullilove, Democratic nominee for Juvenile Court clerk; Bill Morrison, Democratic nominee for Probate Court clerk; and Edmund Ford, Democratic candidate for the Shelby County Commission’s District 9 position. All are generally favored to win, and all have been urged by a citizens’ group to resign their council positions immediately following the August outcome.

Members of the citizens’ group fear that the three council members, if victorious in their contests, might hold on to their council seats for an additional three months, as is apparently permitted by a literal interpretation of the city charter, thereby overlapping with their new county duties (and double-dipping financially).Most important from the protesters’ point of view, retention of the council seats for that long would stretch the calendar to the point that special elections could not be called for the forthcoming November ballot and would mandate the departing members’ replacement by an appointment process, in which case the replacements named would serve through the city election of 2019.

Edmund Ford Jr.

The challenging citizens fear that a current council majority will contrive to appoint new members of the same stripe, end-running other options that might surface in a special election.

So far, none of the three council members has committed to a course of action on a time for resignation. Berlin Boyd, the current council chair, and Allan Wade, the council’s attorney, insist that the critics have misread the charter and that special elections to replace departing council members can only take place in August — thereby nullifying the prospect of November elections for the three seats and making the protesters’ wishes moot.

The Rev. Earle Fisher and other citizens seeking a commitment for a timely withdrawal by the departing incumbents, should they win, cite charter language specifically authorizing replacement elections in either August or November.

Regardless of who’s right about charter requirements, the protesting citizens’ point is well taken: The appointment process has become wholly predictable, with a dominant council faction choosing replacements who, though they may be admirably skilled and bastions of integrity, have been suggested by well-placed supporters of the current majority and not subjected to any real public vetting via the election process.

The video archives of last week’s council meeting show that, after four speakers had made their case and had been basically blown off by Boyd, Wade apparently engaged the speakers in an exchange of taunts, somewhat off-mic. We think the protesters have a respectable case to make and should be listened to.

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News News Blog

De-annexation Task Force Has First Meeting

Bill Morrison

The Strategic Footprint Review Task Force, the city-county body assembled to study the impact of de-annexing some Memphis neighborhoods, held its introductory meeting on Thursday afternoon at Memphis City Hall. 

The task force didn’t accomplish much in its brief first meeting. Members introduced themselves, and task force chair/City Councilman Bill Morrison set out some hopes for future meetings. Morrison said he’d like the task force to determine the positive and negative impacts of de-annexation, so the group can take their findings to Nashville and say “we’ve got this. This is what is best for our city and county.”

The task force was created back in April as a way to evaluate the cost of de-annexation, after a state bill was introduced that would have allowed de-annexation referendums in areas annexed since 1998. That bill passed the state House, but it was sent to summer study after it reached the Senate. At the time, Memphis Mayor Jim Strickland staunchly opposed the bill, saying de-annexation of certain areas would cost the city $28 million in residential property taxes. Proponents of de-annexation argued that the bill would save Memphis money since it would no longer need to provide city services to those areas.

The task force will meet again next Monday, August 18th at 4 p.m. at Memphis City Hall, in advance of a Senate summer study committee meeting on the de-annexation bill on August 22nd. Memphis Chief Administrative Officer (CAO) Doug McGowan and Chief Financial Officer (CFO) Brian Collins, who were both in attendance at the task force meeting on Thursday, will be present at the Senate committee meeting.

The Strategic Footprint Review Task Force is made up of Morrison and Memphis City Councilman Patrice Robinson, Shelby County Commissioners Terry Roland and Mark Billingsley, State Representative Larry Miller, Shelby County CAO Harvey Kennedy, Memphis CAO McGowan, Memphis CFO Collins, and Kelly Rayne of the Greater Memphis Chamber of Commerce.

Early in the meeting, Roland said he’d like the task force to determine how the city and county can compete with surrounding regions. At the conclusion of the meeting, Roland asked task force members if they remembered the old county license plates that had a number one on them. No one responded, but he replied with “That’s what we’re going back to. We’re going to rival Nashville.”

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Opinion

Thumbs Down to Speed Cameras in School Zones

The ranters are mostly right on this one. Installing traffic cameras at school crossings, as the City Council proposes to do, is an idea driven more by money than child safety.

I don’t think proponents Myron Lowery and Bill Morrison, both stand-up guys, are in the bag. But at budget crunch time council members are under a lot of stress and they go into revenue mode and some bad decisions get made. This is one of them.

The safety of children at school crossings is obviously a legitimate concern of local government. Which is why it should be handled locally and not put in the unseen hands and cameras of a vendor called American Traffic Solutions in Arizona which is a subsidary of another company called TransCore which is part of another company called Roper Industries, traded on the New York Stock Exchange (symbol ROP) for $121 a share today, twice what it sold for three years ago.

American Traffic Solutions says that “our economic engine is driven by efficient outsourced transaction processing solutions and services delivering high value recurring revenue.” That along with the fact that the council took up this topic during a budget session (read: shortfall) Tuesday tells us pretty much all we need to know about this one.

One of the services American Traffic Solutions provides is handy data-heavy, footnote-weighty, official-looking rationalizations for politicians to use to justify hiring them. This is called salesmanship, and, as I suggested, City Council members are more prone than ever to fall for it this week.

The National Highway Traffic Safety Administration, on the other hand, is a government agency established by the Highway Safety Act of 1970 and “dedicated to achieving the highest standards of excellence in motor vehicle and highway safety. It works daily to help prevent crashes and their attendant costs, both human and financial.”

It is not a for-profit business, but it also produces a lot of studies. According to one it did a couple of years ago, 79 percent of pedestrian fatalities among children (14 and under) occurred at non-intersection locations. The number of such fatalities decreased 41 percent between 2002 and 2011.

A Department of Transportation (DOT) report on automated speed enforcement using cameras called it “a promising technique that must be used carefully in selected areas and not as a stand-alone tool” but in the context of “political realities” and in areas “with well-documented speeding and speed-related problems.” Conclusion: “Speed camera enforcement must be thoroughly justified and explained with good media, social marketing, and signage. It must be justified as a method to improve public safety, not a revenue generator.”

I smell a revenue generator. Maybe a multi-million-dollar-a-year generator if 150 cameras are installed. It’s a cowardly, backdoor, cynical way to raise revenue in the name of “safety of our children.” I prefer an honest property tax increase any day to such nickel-and-dime (or dollars) schemes.

I base my opposition to this not so much on the dueling studies as on my own observations over the last 25 years of one particular school intersection at North Parkway and McLean, location of Snowden School for more than a century. I have gone through that intersection tens of thousands of times since my children attended Snowden, which is five blocks from my house.

There is an excellent traffic control system already in place. It consists of a traffic light, blinking lights warning of a school crossing, street signs warning that the speed limit is 15 miles an hour during certain hours, and — most important — human crossing guards in their yellow or orange vests carrying their signs and escorting the kids safely across the streets. Usually they’re bless-their-hearts traffic ladies, but sometimes they’re bolstered or replaced by parent volunteers or cops. I have seen dozens of traffic accidents at this intersection, but not a single child-crossing injury that I am aware of.

But what a revenue generator this could be. The posted speed limit on North Parkway, a divided boulevard with two lanes for cars and another for bikes on each side, is 40 miles an hour, but 50 mph is not unusual as anyone who drives on it knows. The posted 15 mile an hour limit applies for 45 minutes in the morning when school starts and in the afternoon when it lets out. Imagine the opportunities for snagging unsuspecting motorists during other times or on days when there is no school. Got an objection? Well then tell it to the judge, because “court” is where speeding-in-school-zone tickets wind up, according to the city’s website.

Once again from the DOT report: “Automated speed cameras may not be as effective in changing behavior as in-person enforcement by an officer, since speed camera citations are received days or weeks after the offense while officer-issued citations provide very immediate feedback.”

The safety of children going to school is a government function if there ever was one. So is sorting out the dangerous drivers from the occasional miscreant drivers to the wrongly accused. It should be done locally, with local public servants and parents working together. If the City Council needs more revenue to do this then it should raise taxes or cut other less important services. The solution is human, not technological.

Categories
Opinion

Council Members Clash over Fullilove’s Claim of Norris Meeting

1259860950-janis_fullilove.jpg

At a Budget Committee meeting Tuesday morning, Council member Janis Fullilove criticized her colleagues for “allegedly” meeting with Senate Majority Leader Mark Norris to sic the state comptroller’s office on Memphis.

Fullilove did not name the colleagues at the meeting where Mayor A C Wharton and some of his directors briefed council members on the budget. When I ran into her in the City Hall parking garage 30 minutes later, she identified them as Shea Flinn, Jim Strickland, and Bill Morrison.

All three of them denied meeting with Norris.

“Bless her heart. That’s 100 percent untrue,” said Strickland.

“I have not met with him at all,” said Morrison.

“I have not met with Norris since 2007 when I was in the Senate,” said Flinn. “It shows how pathetically unprepared she is.”

The full council meets Tuesday afternoon to see if members can agree on a budget for the next fiscal year. Fullilove’s comment referred to a letter from State Comptroller Justin Wilson to Wharton threatening to take drastic action if the council does not act on a balanced budget.

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Editorial Opinion

Public Election Financing

One of the most intriguing candidates this election season is a first-timer named Bill Morrison. An ex-serviceman and educator from Bartlett, he knows something, too, about disabilities, having lost a leg to a horrendous accident involving some wayward machinery. Morrison is the Democratic nominee against the redoubtable Marsha Blackburn, a Republican whose hold on the 7th congressional district has been regarded as unassailable — partly because of Blackburn’s abilities (she’s a dynamite campaigner and serves as an assistant whip in the House of Representatives) and partly because the 7th was gerrymandered long ago to be safely Republican.

Indeed, no Democrat has held the seat since 1972. So Bill Morrison is entitled to some admiration merely for trying. But what is most interesting about his candidacy was revealed last week during a fund-raiser/house party in his honor in Bartlett. Following a speech, he subjected himself to questions about health care, No Child Left Behind, Iraq. About anything and everything.

Remarkably, he answered all of these questions not just by stating his positions on the issues. Morrison went a step further and explained what he would do logistically to get his ideas converted into law or established policy — what agencies he would need to interact with, whom he would have to deal with on the other political side, what the relevant time-frames were. The final question he got indicated both an irony in his situation and a flaw in our current election system.

He was asked: “Are you getting any money from the DCCC” (Democratic Congressional Campaign Committee)? No, he answered, and there was no logistical plan to deal with that other than to keep on using the bare-bones budget he’s using to do what campaigning he can, worked around the requirements of his job as a classroom teacher.

For all the handicaps he’s suffering from, Morrison has attracted some attention. He got the endorsement of the venerable Nashville Tennessean two weeks ago and cites a home-grown poll that shows him within striking distance of Blackburn.

Maybe so, maybe no. The point is, he’s doing well under the circumstances, maybe exceeding expectations.

This is not a brief for Bill Morrison. We are not in the habit of endorsing candidates, and, for that matter, Blackburn has much to be said for her. What we regret is that residents of the 7th District won’t get the chance to make a fair comparison between the two candidates because they aren’t equally matched financially. Not even close.

The only thing that could fix such situations as these — and Bill Morrison’s case is not unique — is a simple reform that hasn’t yet been enacted and may never be: public financing of elections.

The Congress that is elected this year, whether Republican or Democratic, is sure to be organized differently and to have some new faces. Before its members settle down to the same-old same-old routine, we wish they’d give this perfectly sensible idea a fair shake.