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News The Fly-By

Public Goes Private

Residents around Overton Square may soon get a special permit that would allow them to park in public, on-street parking spaces designated just for them.

The revitalization of the Square has brought thousands of new people and their cars to the area in the past year. Many of those new visitors are parking their cars on the streets around the entertainment district, despite the October opening of the new $16 million parking garage.

This has riled residents around Overton Square who have reported visitors’ cars blocking their driveways and alleyways and some even parked in their yards.  

Toby Sells

“At all times of day and in the evenings, residents are surrounded with people,” said Memphis City Council member Jim Strickland. “Some residents only have access to their [houses] through an alley, and they’ll be blocked. Sometimes it’s in their yards. It’s just a free-for-all.”

Strickland and council member Shea Flinn have been meeting with residents and business owners in the neighborhood to solve the parking problem. Those talks have included the need for crosswalks, better signage for the parking garage, and better lighting in the area overall.

But much of the conversation has centered around establishing a parking permit district for residents around Overton Square.

If approved by the city council, the district would designate some on-street parking spaces just for residents. Residents would have to display special permits to park on certain parts of the streets in the district. Each household could get two permits for residents and up to four permits for visitors. Anyone parking illegally in the district would be ticketed and then towed.  

The permits and special parking zones would be a test case, Strickland said, and would only be for a limited time and for a limited area. Petitions will go out to Overton Square residents in the coming months to determine the boundaries of the district.

The city law establishing the parking district will take at least six weeks to move through the city council’s legislative process.

Chef Kelly English said a crosswalk leading from the parking garage across Cooper to his restaurants, Iris and Second Line, is needed before the parking district is established. Without one, he says he won’t have an “artery to business.” 

“[Customers] are not going to cross that street at 8 o’ clock,” English said. “That’s not going to happen.”

City officials are also looking closely at improvements needed for the area’s sidewalks, said Memphis city engineer John Cameron, especially between the parking garage and Cooper.

“We’re trying to make that corridor more pedestrian-friendly so folks would be more likely to walk from the garage to the businesses over there,” Cameron said. 

Strickland is expected to bring the proposal to the city council next week.

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Cover Feature News

For the Kids

A sales-tax increase in Memphis could raise millions every year to fund a program of pre-kindergarten education that supporters say could help break the chain of crime and poverty here, but first it’s got to fly with tax-weary voters.

Memphians will decide next Thursday, November 21st, if they want to raise the city’s sales tax by a half-cent. The idea is one of only two ballot measures before city voters that day. (The other vote will determine who will fill the state House District 91 seat, left vacant by the death of former state representative Lois DeBerry in July, and will be limited to voters in that district.)

If the increase is approved, the Memphis sales-tax rate will rise to 9.75 percent, the highest rate allowable in Tennessee by state law. The resulting new sales-tax rate would be equal to those of the six incorporated Memphis suburbs, which have already passed equivalently sized tax-increase referenda in order to pay for new school systems.

Some things would not change. If approved, 7 percent of each sale made in Memphis will be routed directly to the state coffers, and 2.25 percent will continue to go to the city, as before.

But the new tax, that additional one-half cent, is expected to raise $47 million annually, all of which would go to a new fund to be used only for a pre-kindergarten program. Once the program is up and running, any money left over from operations would revert to the city coffers for the sole purpose of reducing the city’s property-tax rate. Leak-proof escrow funds (or “lock-boxes,” in the sense made famous by presidential candidate Al Gore in 2000) would be created to fulfill both purposes.

The pre-K initiative is the brainchild of two Memphis City Council members —Jim Strickland, a six-year member, a two-time budget chair, and the body’s new chairman, and council colleague Shea Flinn, a former budget chair.

Shea Flinn

Strickland boasts a long personal history of fighting tax increases in city government but says he has supported the new sales-tax increase and co-sponsored the enabling ordinance for it because the use of the money is strictly defined in the ordinance so that it can’t be tapped for other city budget needs.

Beyond the arithmetic is the simple rock-bottom fact that many city schoolchildren aren’t performing like they should be.

“If I was a magician and I could do anything I wanted in Memphis, I would wave the wand and every third-grader would read at third-grade level, 100 percent,” Strickland said. “Pre-K is not going to make 100 percent of the kids read at third-grade level, but only 28 percent of them read at third-grade level now in the former city schools.”

There are conflicting studies on the long-term effects of pre-K, a few skeptical ones appearing to suggest that the differential boost in learning provided by pre-K might begin to even out after students pass the third-grade level. Strickland discounts this and says that it stands to reason that the ability to read at a third-grade level is a skill which, once acquired, is far more enabling for future purposes than reading skills that never reach that level.

The Urban Child Institute, a local nonprofit organization which has done yeoman-like research into the issue and is four-square in support of the tax referendum, recently quoted a teacher with experience in pre-K: “It’s very polarized in the classroom, between the ‘ready’ and the ‘not ready’ group. Those who are kindergarten-ready are on a whole different level than the kids who still need to know the basics, like letter names and numbers.”

The new pre-K program would be available for every 4-year-old in Memphis. Strickland said nearly 8,000 children in Memphis would be eligible for the program but estimated that only 5,000 of them would actually become new participants, as some are already in existing programs and others might not seek enrollment for one reason or another.

For example, an estimated 3,300 children are already being served locally in federally funded Head Start programs. Head Start, as both Strickland and co-sponsor Flinn acknowledge, overlaps somewhat with their proposed pre-K initiative and establishes a means-tested income threshold based on the poverty-line indices.

But even in the unforeseen event of 100 percent participation — 8,000 children — Strickland says the new sales-tax rate would generate enough money for all eligible children to go to pre-K.

As it happens, the current Head Start program is in flux, with Shelby County government, which has operated it locally for several years (mainly by outsourcing it to various agencies), discontinuing its administrative role. The unified Shelby County School District has applied to the federal government to take over that function in Shelby County, as has Porter-Leath, a privately funded nonprofit institute specializing in child care.

In any case, the proposed city pre-K initiative is designed to fill gaps in coverage which Head Start cannot fill — for example, to offer programs to children from families whose income exceeds poverty-line levels but cannot afford the tuition required by private pre-kindergarten institutions.

The exact number of pre-K children who might need to be served in the next few years is complicated by two more factors, Flinn points out: the cumulative effect of federal sequestration on previously endowed programs and the phasing out of Race to the Top funding in 2015.

Jim Strickland

Flinn said he and Strickland, who hatched the idea for the pre-K issue and were successful in gaining the support for it of their colleagues and Mayor A C Wharton, consulted numerous sources in coming up with their initiative. They relied on the formidable pre-K research of the aforementioned Urban Child Institute. Said Flinn: “They investigated every aspect of the matter and left no doubt of the lasting value of pre-K.” They also independently looked into model programs in Texas and Oklahoma.

“We talked directly with Mayor [Julian] Castro of San Antonio and others who had programs under way,” Flinn said. Castro, a rising political star who delivered the keynote address at the 2012 Democratic National Convention in Charlotte, has achieved national renown for his “Pre-K 4 S.A.” initiative.

Flinn acknowledges that “the default position” of a tax referendum is no, but, noting the yes votes of the six Shelby County suburbs — Germantown, Collierville, Bartlett, Arlington, Lakeland, and Millington — for a tax increase to underwrite their school systems, he expresses confidence in a similar answer when the ballots of Memphis voters are counted on November 21st.

One aid to passage has been a blue-ribbon pre-K commission appointed by Mayor Wharton [see list below] to help in the referendum campaign and, if successful, to oversee the distribution of pre-K franchises among local agencies, existing and ad hoc, which will bid for the opportunity to execute the program.

More help has come in the form of print ads, mailouts, broadcast commercials, and fast-proliferating yard signs stemming from a well-organized publicity campaign overseen by public relations maven Steven Reid. The Greater Memphis Chamber of Commerce has put significant money into the campaign, as have other prominent local givers such as AutoZone’s J.R. “Pitt” Hyde.

There are opponents, too, of course, including veteran self-appointed fiscal watchdog Joe Saino of memphishelbyinform.com, who expressed doubts about the bona fides of the pre-K commission appointed by Wharton. “Do you trust such a commission?” Saino asked in his emailed newsletter, going on to express, without elaborating, his disbelief in the long-term benefits of pre-K, as well.

Saino’s pièce de résistance: “There should be no new taxes until the city of Memphis and the city council reform pensions and health care costs and get on a path to reduce unfunded liability as pointed out by the state of Tennessee.”

Co-sponsors Strickland and Flinn know they’re up against the usual suspects and the usual suspicion when a tax referendum is before the people (a Shelby County half-cent tax initiative failed badly last year), but they’re optimistic that this time is different and that help will soon be on the way for their intended beneficiaries, the children of Memphis.

MEMBERS OF THE PRE-K COMMISSION


Appointees named by Mayor A C Wharton are: the Rev. Keith Norman, pastor of First Baptist Broad Ave. and president of the local NAACP chapter; Brad Martin, well-known industrialist/philanthropist and interim president of the University of Memphis; Barbara Hyde, chair and president of the philanthropic Hyde Foundation; Barbara Holden Nixon, associate of the Urban Child Institute and member of the Tennessee Commission on Children and Youth; Elsie Lewis Bailey, former principal of Booker T. Washington High School and awardee of the National Foundation for the Humanities; Kathy Buckman Gibson, chair of the board of Buckman International and of the Memphis Chamber of Commerce’s initiative to promote and support early childhood education; Kirk Whalum, president and CEO of Stax Music Academy; and Dr. Reginald Coopwood, president and CEO of the Regional Medical Center at Memphis.



CENTRIST STRICKLAND IS POTENTIAL MAYORAL CANDIDATE

It may come as a surprise to many people that new city council chairman Jim Strickland, a practicing attorney who has crusaded in recent years for economy in city government, along with reduction in property taxes and cutbacks in “non-essential” programs, is not a Republican. The 48-year-old Strickland certainly is simpatico to the habitués of the monthly Dutch Treat Luncheon, that haven of local Tea Party-hood, which Strickland addressed last summer to enthusiastic approval and to urgings that he run for mayor in 2014.

The genial giant (he stands 6′ 5″) needs little persuasion to seek the job of Memphis’ chief executive. A family man who resides with wife Melyne and two children in the University of Memphis area, Strickland has been meditating on a mayoral race for years — probably since his first city council race in 2003 — and in earnest since he won his current seat, representing District 5, in 2007.

A loser in his first council campaign (to former state legislator Carol Chumney in a field that also included radiologist/broadcast magnate George Flinn), he won the second time and was reelected in 2011 without opposition. His gospel of fiscal conservatism and social moderation seems clearly to resonate with his broadly middle-class, Midtown-based constituency.

Strickland is, in fact, a Democrat, having served a term in the mid-1990s as chair of the Shelby County Democratic Party. Back then, even before he emerged as an apostle of fiscal conservatism, his pro-life position on abortion, stemming in large part from his active Catholic faith, had caused him some grief in a Democratic Party teeming with pro-choice advocates, but he has remained loyal to the party and its candidates.  

As he expressed it cautiously this week, invoking the names of Tennessee’s most recent Democratic governors, both centrists, “Like Ned McWherter and Phil Bredesen, I am a fiscally responsible Democrat. Local issues and city elections, however, are not partisan. In my last two elections, I have received support from Democrats and Republicans.”

Strickland has expanded his political reach in more ways than one. In his 2003 council race, the first-time candidate jested to friends, with reference to his fund-raising support, “I’ve got the Catholics and the Jews. Now all I need is the Protestants.” The demographics of his electoral and financial base in his next two races indicate that he got them — and in quantity.

From the point of view of his future political ambitions, the question is whether Strickland can expand his across-the-board base to the city’s majority African-American population. Ninth District Democratic congressman Steve Cohen, beginning with a geographic and ethnic base similar to Strickland’s, seems clearly to have won the loyalty of his black constituents, winning over name African-American primary opponents with majorities ranging from 4 to 1 to 8 to 1.

But Cohen’s template, based in large part on the congressman’s attention to social programs of benefit to his African-American constituents, may not be the model for someone like Strickland, who hews closely to doctrines of fiscal austerity and has been a skeptic regarding proposals to provide pensions to sanitation workers and to lavish city funds on refurbishing Whitehaven’s Southbrook Mall.

Meanwhile, Strickland has passed muster with his council mates well enough to win the chairmanship, as of last week. His basic middle-of-the-road outlook seems an acceptable fit on a body which is elected on a nonpartisan basis. Even his professional life is politically ecumenical. His law partner is David Kustoff, the former U.S. attorney and state chairman of George W. Bush’s 2000 presidential campaign. (Strickland and Kustoff, before becoming law partners, had both served as chairs of their respective political parties.)

Strickland’s current posture as co-sponsor of the city sales-tax referendum might surprise those who have followed his recent career, especially those mindful of his boast earlier this year that he had never supported a tax increase or voted for one.

His justification for what might in some ways seem an about-face is simple: The sales-tax increase is coupled with a commitment for a corresponding reduction in the city’s property-tax rate, and the cause of pre-K education is something he believes in. “I enrolled my children in pre-K programs, and I can see with my own eyes the benefits,” he says.

If the referendum succeeds and there are political benefits to him as well, he’ll happily take them, too. — Jackson Baker


Q&A WITH NEW CITY COUNCIL CHAIRMAN STRICKLAND

Why did you want the council chairman job?

The position itself does not have a lot of authority or power. It’s not like Washington or the state government in Nashville, where the speaker of the House or speaker of the Senate has a lot of authority. Chairman of the council does not. So, [that part of the job] is not that enticing.

The chairman can appoint who is chairman of each committee, and the chairman can appoint the members of the committees. If [a law] could fail in committee, that would be pretty powerful because you could load up a committee, and things could be killed there. That’s what they do in Nashville and Washington. But we don’t have that authority, so the chairman basically runs meetings and administers the office, because there is a staff of 14 or 15 people.

I wanted to do it because it’s a new experience. I think I’ll learn a lot. I’ll be exposed to a lot more information that’s going on in all the committees as opposed to just one committee.

 

What do you hope to change?

The thing I want to change a little bit is to try to get the good things that the council does out more. We get knocked a lot. But there are a lot of good things we do that don’t get out there. I still have disagreements on the council, and I’m not going to back off those. But I am proud to be a member on the city council. When I tell people that, they’re a little surprised.

I’m not going to be able to change that completely. But I think the full story is that we’ve got a group of people — for the most part — who are honorable and in it for the right reasons. Even if we have differing views on things, we handle it professionally. They don’t get the credit they deserve for some things they do.

 

What other chairman privileges do you intend to use?

I think [current council chairman Edmund Ford Jr.] has had weekly or bi-weekly meetings with the mayor. When big things come up, the first person they call is the chair and they leave it to the chair to sort of disseminate the information.

I think I’ll deal more with the administration and directly with the mayor. I think I’ll learn and be exposed to a lot more information and deal with a lot broader issues than just the budget.

 

Will you also be able to direct the tone of the proceedings?

I think so, because you can rule people out of order. You can also make rulings and they stick, unless seven members of the council want to overrule your ruling.

I would like to emphasize that to the entire council for next year. I think Edmund has started this process with the three-member [rules and procedures] committee he started, that we treat people who come before the council, whether they are the public or people who work for city government, with courtesy and respect and not threaten them.

 

Do you have any other goals for your year as chairman?

If the pre-K [trust-fund tax] gets passed, I want to help get that kicked off in the right way. Next fall, kids will be going to pre-K and that is huge. In my mind, it would be the most significant thing this council has done.

Another thing I’d like to do as chairman is to have the council as a whole develop a relationship with the county commission, the state legislature, and even the other municipalities. We don’t interact enough. A lot of times shots are fired back and forth. I think we ought to communicate more. — Toby Sells

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Opinion

Council Members Clash over Fullilove’s Claim of Norris Meeting

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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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Opinion Viewpoint

The Big Three

Like most big cities in the country, Memphis has challenges. Our number-one problem is the loss of population.

According to the census, Memphis lost 48,000 to 50,000 residents between 2000 and 2010. These losses were offset by annexations that forced over 30,000 people to live in the city. This trend is certainly a problem, especially considering that there will be no big annexations over the next decade. It appears clear to me that people are voting with their taillights on three big issues: crime, schools, and, to a lesser degree, our relatively high property tax rate.

As with prior years, the city council should review Mayor Wharton’s proposed budget with a focus on how we can improve on the Big Three issues. Because the city is no longer funding schools, we can deal solely with crime and the property tax rate.

One of the most effective means adopted by local government to combat crime was the development and use of Blue Crush. Blue Crush is, in part, the use of crime data to determine the increased allocation of police resources to the time and place of spikes in crime.

For about 16 months in late 2011 and 2012, the city administration reduced Blue Crush overtime, and the details were cut by 60 to 70 percent. As a result, serious crime increased by 10 percent. In 2013, Blue Crush details have been reinstated, and crime is again decreasing.

With respect to our property tax rate, Memphians pay the highest rates by far of any Tennesseans. When our city and county tax rates are combined, our rate is about 50 percent higher than Nashville.

Since 2008, the city council has been able to reduce the city’s property tax rate from $3.43 to $3.11, largely due to the termination of the school-funding obligation. This 10 percent decrease is a good starting point.

The mayor’s proposed budget increases the city’s operating budget from $597 million to $622 million and increases the property tax rate from $3.11 to $3.39. Over the next six weeks, the council will conduct hearings on the budget and hear from the administration, labor leaders, and the public. As my colleague Shea Flinn has touched upon in this space, there are a few budget myths that must be shared so that we operate with the same factual information.

First, there has been a lot of discussion about privatization or outsourcing of sanitation services. Sanitation operations are run by a fund completely separate from the city’s operating fund. Memphians pay for garbage collection through a fee on our MLGW bill. Therefore, any reduction in expenses in the sanitation department will not be reflected in lower property taxes.

Second, the pension system is underfunded. The city contributes $25 million to $30 million to the system, when our advisers recommend we move to double that amount. None of the reforms proposed would decrease the yearly contribution below our current level. Therefore, any savings achieved with reforms, such as moving to a 401(k)-type system, would not result in a lower tax rate.

Third, a huge decrease in the 400 appointed positions in city government would certainly lower expenses, but it would also result in closing all the libraries and operating city government without a legal office.

There may be several appointed positions that can be eliminated. In past budget cycles, I have tried to do so, and I will probably try again. But the savings to be achieved are not nearly enough by themselves to avoid a tax increase.

Lastly, the millions of dollars spent on capital projects cannot, under the law, be redirected and spent on operating expenses. Examples of capital projects are the purchase of police cars or fire trucks, repaving streets, building water detention facilities, and the construction of the Overton Square garage.

These capital projects are funded by issuing bonds, which is the equivalent of borrowing money. The effect of these projects on the operating budget and the property tax rate is the payment of debt service, the equivalent of a monthly mortgage payment. The ratio is: $1 million in a capital project equals $80,000 in operating expenses.

This is certainly a relevant consideration, but we must realize that cutting a $10 million capital project does not equal filling a $10 million gap in the operating budget; it equals an $800,000 operating expense.

In conclusion, the council must review each expense with an eye on providing quality service to our taxpayers and a focus on addressing the Big Three issues.

Jim Strickland, chairman of the city council’s budget committee, is in his second term serving District 5.

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Opinion

Two Views on Fixing Memphis: Spend More or Spend Less

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“You cannot cut your way to prosperity.” — Memphis Housing and Community Development Director Robert Lipscomb.

“Our high property taxes are one reason people are leaving our city.” — Memphis City Councilman Jim Strickland.

These are the two main positions on the budget talks that will play out over the next several weeks. Keep them in mind and you will miss many a pearl and many a pain but you will “get it” for the most part.

Lipscomb is right. You can’t do nothing and let Raleigh, Whitehaven, downtown, Midtown, the fairgrounds, Frayser, or Whitehaven deteriorate. You have to build on what’s there, give comfort to the community groups and residents who stayed, nurture the anchors, connect the dots, tear down the blight or build something better.

Strickland is right. You can’t raise Memphis property taxes that are already the highest in the state and lower than the surrounding suburbs that are growing at its expense. You have to turn the tide, hold the line, cut the fat, make the tough cuts in the sensitive areas. People of means will make a flight to quality and vote with their taillights.

Lipscomb is wrong. You can’t save the malls. In the era of online shopping, even Wolfchase Galleria, Collierville’s Carriage Crossing, and Oak Court Mall in East Memphis are fighting for crowds and business. You can’t say yes to every council member and neighborhood group with a sad story in a city that is full of them. You can’t say yes to a parking garage in Overton Square without saying yes to a parking garage in Cooper-Young, yes to Madison Avenue in Midtown without saying yes to Elvis Presley Boulevard in Whitehaven and Austin Peay Highway in Raleigh.

Strickland is wrong. The overall tax burden in Tennessee is one of the lowest in the nation because there is no income tax. Memphis property taxes are high but valuations are low. The property tax disproportionately hurts homeowners but the 9.25 percent sales tax disproportionately hurts poor people.

Lipscomb is right. If basic services decline there will be more flight. Public investments can be an incentive to private investments. See Uptown, or AutoZone Park or Bass Pro and the Pyramid.

Strickland is right. Public investments can be wasteful. There is no guarantee that private investors will appear, or that they will deliver the goods if they do appear. AutoZone Park is too big, Beale Street Landing is behind schedule, over budget, and even its defenders are criticizing its appearance. In the fourth month of the year it is supposed to open, Bass Pro is the quietest $200 million game-changer you ever saw, showing all the urgency of a man fishing on a lazy summer afternoon, making barely a ripple much less a splash.

And Mayor A C Wharton is right. As he said in his budget presentation Tuesday, “Sixty cents of every dollar the administration spends is for public safety, and three out of every four general fund employees works in public safety.”

There are 3,032 employees in police services and 1,830 in fire services, for a total of 4,862 of the city’s 6,290 employees. Add another 2,000 employees of the Shelby County Sheriff’s Office, and that makes 6,862 people with salaries, benefits, and pensions in the broad category of “public safety” which is not exactly accurate when you’re talking about, say, secretaries, but very effective when you’re defending your budget to the city council and the county commission. You want to keep criminals off the streets and knock down house fires and rescue people from flooded homes and yet you say you want to cut budgets? Huh? Are you crazy? How dare you!

When I read or hear these public safety numbers I flash to two mental pictures: the daily emergency preparedness briefings for the Great Memphis Flood of 2011 and the overwhelming police response to the Ku Klux Klan rally downtown three weeks ago.

As it turned out, both non-events did not live up to their hype. Both mobilized the forces of public safety to prepare for the worst and put them on display in a sort of trade show for law enforcement. So many mobile command buses, amphibious vehicles, SUVs, Humvees, motorcycles, horses, patrol cars, chief cars, SWAT teams, weapons, shields, vests, computers, GPS systems, radios, laptops, smart phones, satellite trucks, all of it state-of-the-art or close to it because firepower, hardware, and communications technology keep getting bigger and better or smaller and better or faster and better or more powerful and better and who wants last year’s model anyway when the guys on the other side of the mall or the law have this year’s? Especially if you’re the one getting mugged or robbed or your house is flooded or burning. Plus salaries and pensions and overtime. To protect a bigger coverage area while billing it to a smaller tax-paying population.

To summarize:

Can’t close schools, they’re the lifeblood of communities and our children are our future.

Can’t let malls close, they’re the lifeblood of our communities and as the mall goes so goes the neighborhood and besides it’s already in the budget a year or two from now.

Can’t cut public safety because it’s public safety, stupid.

Welcome to another budget season.

Categories
Opinion

Council Critics of Half-Cent Sales Tax Bump Make (A) Sense or (B) No Sense

Jim Strickland

  • Jim Strickland

Memphis City Councilmen Jim Strickland and Kemp Conrad voted against the proposed half-cent increase in the local sales tax, which will now be placed on the ballot as a referendum question in November.

Kemp Conrad

  • Kemp Conrad

Conrad and Strickland say that government cuts should come first and the sales tax is regressive because it taxes rich and poor equally. Both are stand-up guys who will speak truth to power. But this time their principled stand looks more like grandstanding to me.

Raising the local sales tax from 2.25 percent to 2.75 percent would increase the total sales tax in Tennessee to 9.75 percent. On $1000 worth of purchases, that’s an additional $5. That’s the cost of a sandwich or a couple of lottery tickets, a state enterprise that is heavily supported by sales in convenience stores in low-income neighborhoods so that middle-class kids can get college scholarships.

Both locals and visitors pay the sales tax. If the suburbs get their municipal school districts, then there would be no tax advantage to either side because the suburbs propose to fund schools with a half-cent sales tax increase. This is the right tax at the right time.

Memphis is facing a revenue shortfall when property appraisals are adjusted next year. The last countywide reappraisal occurred before the recession and the crash in home values. The sales tax and the property tax are Tennessee’s chosen methods of raising big money for government. Mayor A C Wharton and a majority of City Council members favor putting the sales tax increase on the ballot.

What were Strickland and Conrad thinking? Here’s an abbreviated summary of my conversations with them:

Me: “Five bucks on $1,000 worth of purchases. What’s the big deal?
Strickland: “It’s regressive. We are taxing food and prescription drugs, and this would increase the tax 5 percent. The richest and poorest person pay the same percentage.”
Conrad: “Tell that to the person making $20,000 a year. The sales tax is already a major driver of people going to Arkansas and Mississippi to shop. This would only exacerbate it.”

Me: “If it’s regressive then why not support an alternative that makes a difference like an income tax or payroll tax?”
Strickland: “It is illegal, under state law, we cannot do payroll tax toll roads or any of that.”
Conrad: “You and I both know that is not realistic. But I would not support it anyway.”

Me: “All we have for big money is sales tax and property tax. This would bring in $47 million.”
Strickland: “If we bring in $47 million it will remove all pressure to right-size government. The progress we have been making will completely disappear.”
Conrad: “We have a spending issue, not a revenue issue. Without reforming city government we will bore through this $47 million or $50 million or whatever it is in a couple of years. This stuff about offsetting it by reducing property taxes is bogus.”

Me: “The lottery is regressive, and it is state sanctioned and state marketed.”
Strickland: “It’s voluntary.”

Me: “Is it politically impossible for you to vote against any tax increase small or large?”
Conrad: “That has zero to do with my vote. I am not a career politically-oriented person. If the mayor would come down and lobby as hard for some common sense reform we could really turn the city around. I have never seen him work so hard as he did to maximize the most regressive tax.”

Me: “What is your guess on the outcome?”
Strickland: “If it passes there will be 13 different opinions about how to spend the money. But I don’t think the public is going to vote for it.”
Conrad: “I think it is going to be rejected overwhelmingly. If this fails, it means people want a leaner and more efficient government.”

Categories
Opinion Viewpoint

Rethinking Power

On January 1st, nine rookies (including me) and four veterans will be sworn in as Memphis City Council members. It is the largest number of first-termers since the original council in 1968.

Since the November election, the nine of us have been undergoing an extensive educational process on the substance of city government and the procedure of the council. Fulfilling our campaign promises will be more difficult than making them. How well we do depends on our relationships with other council members and the administration and the merits of our positions.

The most interesting area of my education has been the opportunity to review the city charter. Among the things we have learned: The 1966 Home Rule Amendment (HRA) changed much of the 1930s-era charter, but many of the articles of the older charter are still in effect because the newer charter did not revoke them.

Enter Stephen Wirls, a Rhodes College professor who has studied the charters exhaustively and led our review of them. Wirls disputed the widespread public understanding that the charters provide for a “strong mayor” form of government. On the contrary, he opined that, in some ways, the HRA gives more power to the council than the U.S. Constitution gives to Congress.

The HRA provides that the mayor “shall be responsible to the council for the administration of all units of the city government under his jurisdiction and for carrying out policies adopted by the council.” The council “shall have full power [my italics], as now provided, to pass, for the government of the city, any ordinance not in conflict with the Constitution or laws of the United States, or the State of Tennessee, within the specific limitations set forth herein below.”

Further, the council has approval power of the appointment and removal of division directors, the president of MLGW, and members of all boards and commissions. The council has the right “to approve and adopt all budgets.”

Of special interest: “[T]he council shall be vested with all other powers of the city not specifically vested in some other officer or officers of the city.” This catch-all provision appears to give the council a great deal of unexpected authority. (One problem: No one on hand for the orientation could identify any “powers of the city not specifically vested” in some other office.)

Just think of the implications of the first proviso quoted above: “The mayor shall be responsible for carrying out policies adopted by the council.” On the face of things, it would appear that the council could adopt “policies,” and the mayor would have to follow them.

Ay, but there’s a rub. “The council shall not, however, exercise executive or administrative powers nor interfere in the operation of the administrative divisions.” On one hand, the HRA gives the City Council the power to set “policies,” but on the other hand, the charter prohibits intrusion into “executive or administrative powers.”

The HRA also gives the mayor the power to contract and prohibits council members from “suggesting or promoting the making of particular … contracts with any specific organization.”

It is not hard to imagine a council’s definition of a “policy” interfering with a mayor’s definition of an “administrative power.” At the orientation, we discussed a scenario whereby the council might pass an ordinance mandating that every public school have a police officer assigned to it full-time. Wirls said he thought that the council had such power but warned that a mayor could dispute it as an intrusion on administrative decision-making.

Many issues may fit into this gray area, and both sides would appear to have a good faith basis for their respective positions. As one of our facilitators suggested, conflict is not so bad if it involves a serious and respectful disagreement as to public policy.

However, such conflict, and the resulting court battle, should be avoided if possible, with the council and the administration working together. The mayor and each member of his administration with whom I have met has expressed the desire to work with the new council.

At this early stage, I do not have an opinion as to the correct interpretation of the charter, but I am optimistic that we can avoid the conflict and come together for the betterment of our city.

Jim Strickland, a lawyer and former Democratic chairman, will represent the city’s 5th District.

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Politics Politics Feature

From the 2007 Campaign Annals: The Case of the Horrified Partisan

Bob Schreiber, the financial professional and environmental
activist who just finished a remote second to winner Jim Strickland in the
District 5 city council race, says that he nevertheless enjoyed the experience,
even the daily grind of going door-to-door to promote his candidacy.

He tells this story: At one house, the occupant who
answered his knock, “this lady who was 55 or 60-ish,” immediately demanded,
“What are you, a Republican or a Democrat?” Schreiber says he told her he tried
to be independent, making up his own mind about issues, regardless of party
considerations.

The woman was skeptical and responded tersely, according to
Schreiber. “She said, ‘I am a Republican, and I never in my life voted for a
Democrat! What’s more, I early-voted, and I didn’t vote for you!’ Just
like that. So I said, ‘Well, who did you vote for?'”

Schreiber says the woman immediately answered: “David
Kustoff
told me who to vote for.” and that he responded, “Did you by any
chance vote for Jim Strickland?” to which the voter replied with a satisfied nod
and the firm answer, “Yes!” He waited a beat and then said, “Do you realize you
just voted for the past chairman of the Democratic Party?”

The woman, said Schreiber, responded with open-mouthed
shock, as if she’d swallowed poison unknowingly.

As it happens,
Strickland, who indeed was chairman of the Shelby County Democrats a decade or
so back, is the law partner of Kustoff, a former Republican chairman who, as a Bush
appointee, is serving these days as U.S. Attorney for the Western District of
Tennessee.

And, for the record, Strickland clearly had ample support across party lines, polling 73 percent of the District 5 vote.