Categories
Politics Politics Beat Blog

Commission Averts Crisis in Stormy Back-and-Forth Voting on Budget

JB

Kennedy and Luttrell (r) listen as CFO Swift makes administraton case.

One of the most stressful meetings in the history of Shelby County government took place Monday at a County Commission meeting that saw:

(a) an organized walkout by one side of a divisive argument over the county budget and tax rate, followed by
(b) a response by the other side to reconstitute itself as the full committee — all of this after
(c) a dire warning from the County Finance Officer that a failure to agree could lead to a shutdown of county government and a defaulting on employee paychecks.

In the end, after five hours of this sort of high-stakes poker, the Commission would approve a $1.1 billion budget package that assumed a status quo property tax rate at the current level of $4.37, though resistance from an organized Republican minority prevented an actual vote of approval on second reading;. The Commission would also vote for a generous distribution of surplus tax revenues that nullified the GOP minority’s lingering hopes for a one-cent reduction in the tax rate.

It was a party-line struggle — though each side included one prominent member of the other party — and it further intensified a division which has existed since the formation of a new Commission after the 2014 county election but which had been dormant until disagreements over budget policy flared it up again.

In a strict sense, there had been little doubt as to the outcome of the conflict, since the administration of County Mayor Mark Luttrell, himself a Republican, had used its influence in both public and private ways to put the brakes on sentiment for a tax decrease, which five Republican members had sought ever since Luttrell had made a point of announcing the fact of a $6 million end-of-fiscal-year surplus.

At a marathon budget-committee session last month, Luttrell had stated his opposition to using part of the surplus to reduce a penny on the tax rate, insisting both that county infrastructure needs and blight-eradication efforts should come first and arguing for larger increases to specific county divisions — the Sheriff’s Department being prominent among them — than the Commission as a whole had seemed willing to grant.

Subsequently, claim such proponents of the tax decrease as GOP members Heidi Shafer and Terry Roland, Luttrell bargained privately with Commission members and managed to wean Republican outlier Steve Basar back into line with the Commission’s Democratic majority, recreating the de facto alliance with the Democrats that Basar had pursued last fall in response to a GOP majority’s dashing his hopes of becoming Commission chairman when it tilted instead toward Democrat Justin Ford, the eventual winner.

During the same period, chairman Ford had been allied with the Commission Republicans, and he voted consistently with them again in each of Monday’s showdown votes, which centered on a seemingly nonstop series of procedural issues. Basar was aligned again with the Democrats, and indeed it was he who began Monday’s consideration of the budget with a recipe for distribution of budget increases that the Democrats backed and that administration CAO Harvey Kennedy conferred his imprimatur on.

Because two Republican members, Mark Billingsley and David Reaves, were away on vacation, the GOP resistance on Monday was reduced to the scale of a guerilla insurrection led by Roland and Shafer, but one that, when joined on a given vote by Republican George Chism and Ford, could prevent the absolute majority of 7 that was needed for certain key measures to succeed

Thus was the second reading of the administration-preferred $4.37 tax rate held one vote short of success, though it will be back up for a third and decisive reading on July 1, which coincidentally is the first day of the new fiscal 2015-16 year.

And the magic number was thereby denied on a series of other votes on budget-related items, since the Democratic coalition was also hampered early in the meeting by the absence of member Eddie Jones.

Jones’ arrival late in the meeting created the conditions for a decisive majority of 7 and prompted Democrat Van Turner to reintroduce a somewhat modified version of the budget proposal Basar had made, and that version would be approved — but only after a grueling procedural struggle that required two prolonged recesses, innumerable rulings by County Attorney Ross Dyer and staff, and a moment of genuine crisis.

That moment had come, just before Jones had made the scene, when the two sides were deadlocked over the Democratic coalition’s effort to secure a budget vote and the GOP minority’s wish to opt instead for a continuing resolution that would allow current funding levels to continue. Another prospect for both sides was for a special called meeting sometime next week, but agreement on that, too, proved elusive.

It was then that CFO Mike Swift warned, on the basis of a Dyer ruling, that if the two sides could not agree, county government might well have to be shut down in early July and employee paychecks delayed or frozen.

Terry Roland argued for the Republican side that Dyer’s ruling was mistaken, that a continuing resolution could be achieved well after the beginning of the next fiscal year and that such late resolutions had occurred frequently in recent years.

Subsequently four members, Ford and Republicans Shafer Roland, and Chism, would absent themselves from their Commission seats, withdrawing to a back lounge area and thereby creating a temporary loss of quorum that could have aborted the meeting and put Swift’s warning to the test.

That was when Jones arrived, creating a new quorum, and the remaining members were in the process of re-forming the Commission, with Democrat Walter Bailey as the new chairman, when the four absentees returned. Not long thereafter, agreement would be reached on a budget, with the only holdouts being Shafer and Roland.

Seeming anarchy had been just around the bend, though, and it remains to be seen what will happen when the Commission meets on July 1 to consider a third and final vote on both tax rate and budget.

In other action, the Commission named Yolanda Kight from a field of several applicants to a vacancy on the county Judicial Commission. Kight prevailed after multiple ballots and see-saw voting by the Commission.

JB

One of the innumerable recess colloquies that took place on Monday. (L to r: Commissioner Steve Basar, adiministration CAO Harvey Kennedy, and Commissioners Van Turner, Terry Roland, and George Chism

Categories
Editorial Opinion

Basar’s Choice

Sometimes the right thing gets done — and even for the right reasons. Such was the case on Monday, when the oft-contentious Shelby County Commission seemed bound to indulge itself in another round of pointless gridlock and

Commissioner Steve Basar

throw one more bender that would leave due process, the community, and the body politic at large with a lasting hangover.

Undoubtedly, county Election Administrator Rich Holden protested too much when he laid the blame for hasty and last-minute district maps in the elections of 2012 on the failure of the County Commission to honor its deadline for completing redistricting after the census of 2010.

A state investigation and county audit found other reasons for the problems that surfaced that year with the issuance of thousands of wrong ballots, and most of those reasons lay within Holden’s own province. Besides, the Commission’s new 13-member single-district system was not scheduled to be in place until this year. So Holden and the Shelby County Election Commisson (SCEC) could just have bypassed the issue of redistricting for the County Commission and gotten the maps that counted in shape for an error-free election cycle.

Still, the administrator had a point. The Commission delayed making up its mind on its district maps for an unconsciionably long time. The deadline for their self-reapportionment had been December 31, 2011, and it wasn’t until Chancellor Arnold Goldin had to make a redistricting decision for them by issuing a summary judgment in mid-June 2012 that the Commission’s 13 single-member districts were made official. Neither side had bent; it took Goldin to break the impasse. And maybe Holden and the SCEC would indeed have presided over an error-free election season in 2012 if they hadn’t decided to wait the commission out.

A specter of the same sort as 2012 loomed over Monday’s commission meeting. The issue this time was whether to adopt a nine-district map for the Shelby County Schools (SCS) board or a seven-district map. The coalition that had consistently taken the side of SCS against the suburbs was for nine districts. Those who had backed municipal school districts in the suburbs wanted seven districts, and they also wanted to add on to the new District 4 that portion of Germantown where three SCS schools are located — in effect giving the residents of that area votes in two different school districts — SCS and the new Germantown municipal system.

This was the last regular commission meeting before the SCEC’s de facto March 3rd deadline for allocating precincts for the next round of SCS elections. So they needed the maps. Yet the two factions deadlocked and started talking about postponing a decision for days, maybe weeks. A case of Here We Go Again?

Except suburban Commissioner Steve Basar, who had been on the prevailing side in one of the procedural votes that had blocked consensus, evidently decided that the commission, this time anyhow, shouldn’t tempt the fates. He asked for reconsideration, changed his vote, and ultimately the Commission was able to vote for a plan assigning nine districts, confined to the areas being served by SCS. Your move, Election Commission.

We congratulate Commissioner Basar and hope he doesn’t get too much constituent flak for his eminently sensible decision.

Categories
Opinion Viewpoint

Balancing Accounts

Perhaps the most important job of the Shelby County Commission is setting the property tax rate. The first vote of three required readings will have taken place this week. The third and final one will occur on July 8th.

Steve Basar

I am fairly certain there are sufficient votes among my peers to increase the tax rate, but is that the right decision? We all want to support funding for the schools, and we need to ensure that public safety is not put at risk. At the same time, we need to find ways to reduce the tax burden and make Shelby County more competitive. This leaves me with the most important decision of my short political career: Should I vote to increase taxes? 

I am reluctant to vote for a tax increase. While I can easily make a case to increase taxes, I also believe we have a duty to reduce spending. We need to find a balanced approach of spending reductions combined with any tax-rate increase.

The current tax rate is $4.02, and Mayor Luttrell has proposed a rate of $4.38. To put that in perspective, on a $100,000 property, the additional tax would be $90 per year. While that doesn’t sound like a lot, the total tax would increase from $1,005 to $1,095 — and that is just the county portion of the tax bill. If you live in Memphis, you will also pay a city tax of at least $3.11, or $777.51 on a $100,000 property. We have high property taxes relative to other cities in Tennessee and surrounding communities. We cannot blindly increase taxes and expect to remain economically competitive.

We should have built a base expectation that each department and local official would present a budget asking for 2 to 5 percent less than last year. Instead, we gave everyone a “hall pass” if they were not asking for additional funding. I think this sent the wrong message. We need to start managing expectations for the next budget cycle now.

I have been fortunate to work for great companies my entire business career. One thing every manager dreads is trimming the budget and finding ways to do more with less. In my brief tenure on the county commission, it appears that the majority of my peers prefer raising taxes over reducing spending. In my opinion, it isn’t enough to just raise taxes. The more rational approach would be to work both sides of the equation.

We have multiple budget deficits. The county revenues are currently less than projected expenses, and the Unified Schools board has approved a budget that would require the county to increase funding by $30 million. I am very pleased that the school board put together a budget that is $75 million lower than the combined budgets of the MCS and SCS last year, but part of that decrease would have happened regardless of the merger. Overall, I support keeping teachers in the classrooms and minimizing change during this first year of a combined system, especially since this may end up being a one-year experiment. If a $30 million increase will keep more teachers in the classrooms and minimize disruptions, it will be money well spent.

The proposed tax rate of $4.38 could be increased an additional 4 cents with a simple majority vote of the county commission. This rate would yield an additional $6.4 million that could close most of the $10 million gap between the mayor’s proposed budget and the Unified Schools system’s requested funding. On a $100,000 house, that would amount to $10 per year.

As stated earlier, I am no fan of increasing taxes. The incremental $64 million generated by a 40 cents increase would allow the county government to avoid making painful cuts this budget cycle while also minimizing cuts in the school classrooms. If the city of Memphis were to fulfill its $57 million obligation to the schools, we could avoid a tax increase this year. If the municipalities were to share a portion of their sales tax revenues (which were approved to fund education), we could reduce the tax rate. I think it is important that everyone in the county realize the city of Memphis owes the new Unified Schools system $57 million, and the city’s failure to pay is what is driving a majority of the proposed tax increase.

The county budget is lean, but we need to streamline and improve efficiencies so we can avoid raising tax rates in the future. We cannot sit by while the cost base increases and revenues decline. Less talking and more doing — that is the challenge for the county commission, the city council, and our school board.

Steve Basar is a Shelby County commissioner and chairman of the economic development committee.