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Politics Politics Feature

Second Efforts

The de-annexation bill that was temporarily stalled in the state Senate on Monday of this week was, as this week’s Flyer cover story (p. 14) documents, the subject of concerted resistance activity on the part of Memphis legislators, city council members, and representatives of the Greater Memphis Area Chamber of Commerce.

Many of the same legislators were part of another never-say-die effort, this one mounted by the House Democratic Caucus, which got behind an effort by House Democratic leader Craig Fitzhugh (D-Ripley) to enable a non-binding resolution for a statewide referendum on Governor Bill Haslam‘s moribund Insure Tennessee proposal.

That proposal, which would have allowed some $1.5 billion in federal funds annually to further Medicaid expansion in Tennesee, has been so far bottled up by the Republican super-majority in the General Assembly. And Fitzhugh’s resolution itself was routed off to the limbo of legislative “summer study” as a result of a procedural gambit employed by Representative Jeremy Durham (R-Franklin), who was formally ousted from his House leadership positions recently because of allegations involving improper activities involving interns and female staffers.

Memphis representatives Joe Towns, Larry Miller, and G.A. Hardaway were among those speaking on behalf of reactivating Insure Tennessee legislation at a press conference last week in Legislative Plaza.

 

• Ninth District Congressman Steve Cohen began the week as a part of the entourage that accompanied President Obama on his history-making trip to Cuba, where the president furthered the official Cuba-U.S.A. relations he reopened last year.

The trip was the second one to Cuba for Cohen, who also was part of a delegation accompanying Secretary of State John Kerry to the Caribbean island nation in 2014. The Memphis congressman obviously went to some considerable effort to get himself involved with both missions. Why Cohen’s more than usual interest in the matter?

Well, first of all, the congressman has long advocated a normalizing of relations with Cuba, which became estranged from the United States during the height of the Cold War when Cuban ruler Fidel Castro instituted what he termed a communist revolution and cozied up to the Soviet Union, then a superpower antagonist to the U.S.

Cohen has favored rapprochement and an end to the still-active trade embargo on political and economic grounds, pointing out that the Cold War, at least in its original form, is long gone and that American enterprises, in Memphis as well as elsewhere, stand to prosper from improved relations between the two countries.

And there is the fact that, when Cohen was growing up, his family lived in Miami, the American city closest to Cuba and one containing a huge number of exiles from that nation.

But there’s more to it than that —as those Memphians know who were privy to an old AOL email address used by Cohen, one that employed a variant on the name of former White Sox baseball star Minnie Miñoso, who happened to hail from Cuba.

The backstory involving Cohen and Miñoso was uncovered this week for readers of the Miami Herald by reporter Patricia Mazzei in a sidebar on Obama’s trip to Cuba.

Mazzei related the essentials of a tale familiar to those Memphians who were readers of a Cohen profile that appeared in the Flyer‘s sister publication, Memphis magazine, in 2001. After noting that the young Cohen, who had always aspired to an athletic career himself, had been afflicted by polio at the age of 5, Mazzei goes to observe: “His parents, lifelong baseball fans, took young Steve, hobbled with crutches, to see Mom’s hometown Chicago White Sox at a Memphis exhibition game. Steve made his way near the field to plead for autographs.

“That’s when a pitcher, Tom Poholsky, handed him a real Major League baseball. It wasn’t from him, Poholsky told him. It was from an outfielder who couldn’t give the boy the ball himself because this was Memphis, in 1955, and the outfielder was black. The first black White Sox, in fact.

“His name: Minnie Miñoso. A native of Perico, Cuba.”

The young Cohen was struck by the fact that Miñoso, who for obvious reasons became something of a personal idol for him, had been so inhibited by restrictions that were part of an outmoded way of life, and his lifelong emotional attachment to the great Miñoso, who died only last year, ensued.

“I learned from Miñoso about civil rights, and I learned from Miñoso about Cuba, and I learned from Miñoso to be nice to kids,” Cohen said to Mazzei, who disclosed also that the congressman had toted a Miñoso-embossed White Sox baseball cap to Cuba on the Kerry trip with the aim of getting it to current Cuban president Raúl Castro.

He brought several more such caps with him to hand out here and there on the current presidential trip.

Jackson Baker

Roasted, toasted, and pleased about it all at a Democratic fund-raising “roaster” last Saturday honoring: (l to r, seated) Shelby County Commissioner Walter Bailey, former state Senator Beverly Marrero, and former City Councilman Myron Lowery. Standing is longtime former public official Michael Hooks, who applied the barbs to Bailey. The affair was held at the National Civil Rights Museum.

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News The Fly-By

CLERB Now Has Power to Investigate Police Misconduct

Right around the same time last week that Shelby County District Attorney General Amy Weirich was announcing that a Memphis Police officer would not be criminally charged for shooting an unarmed black man, the Memphis City Council was taking up a vote on how much power a civilian board would have to investigate complaints of police misconduct.

While Connor Schilling, the officer who shot Darrius Stewart, got off without state charges, the council voted in favor of giving the Civilian Law Enforcement Review Board (CLERB) more teeth to investigate complaints.

CLERB, which has been in place since 1994 but inactive since 2011, investigates complaints of force, verbal abuse, harassment, arrest, illegal search or entry, intimidation, improper firearm use, or other issues with police.

Perhaps the biggest change for CLERB came in giving the board indirect subpoena power. The board was previously unable to require that police officers involved in a case appear before the board. They also could not require the city to hand over documents pertaining to a case.

But the up-to-date CLERB ordinance gives the board the ability to subpoena officers and documents through a Memphis City Council liaison. Originally, when citizen group Memphis United began proposing the city give CLERB more power, they’d asked for the council to give the board the ability to directly subpoena officers and documents without going through a liaison. But council attorney Allan Wade said such a change would require a citywide referendum.

“What we have instead is the next best thing,” said Paul Garner, organizer for Memphis United. “The council will subpoena requested documents and records on behalf of the review board. If that’s the closest thing we can get without a referendum, we’ll take that over them not being able to issue subpoenas.”

The Rev. Ralph White of Bloomfield Full Gospel Baptist Church has served as the chair of CLERB since before it became inactive in 2011, and he said the subpoena power makes CLERB’s job much easier.

“[Before], we were not able to have contact or dialogue with the police officers who had been charged with offenses, so it was a little difficult for us to adequately represent those complaints,” White said.

The CLERB ordinance also allows for the hiring of an investigator and an administrator to oversee investigations into alleged police misconduct. Since CLERB is an all-volunteer board, its previous incarnation was unable to put enough time into investigations.

“The board members often have other responsibilities beyond the board, so having a dedicated staff is critical,” Garner said.

CLERB works somewhat like an appeals board, White said. First, a complainant must file a report with the Memphis Police Department’s Internal Affairs division. Internal Affairs has 45 days to complete the their investigation, another new addition to the CLERB ordinance. Previously, Internal Affairs cases could take much longer to complete.

“If the complainant isn’t satisfied [with Internal Affairs], they can come to us. We can take the information they have and allow our investigator to go through and make his or her decision and compare that to what’s already out there,” White said.

Once CLERB reaches a conclusion, the board can make a recommendation for a disciplinary action to the police director, but it’s up to the director whether or not the action will be enforced.

The CLERB ordinance passed in council with a 9-2 vote, with only councilmen Reid Hedgepeth and Kemp Conrad voting against it. Conrad said he didn’t have a problem with the idea of CLERB, but he felt that the group pushing for the changes — Memphis United — was anti-police. Memphis United has organized peaceful protests against police violence and supports the Black Lives Matter movement.

“I and others were concerned that the CLERB board allowed these openly anti-police people to hijack the whole communications process,” Conrad said. “What if those people have influence or end up on the [CLERB] board?”

But White said it’s never been the goal of CLERB to “bash police officers.” He said, in some cases where the board finds proof of police misconduct, they’ll suggest more training or a desk position over termination.

“The majority of the time, when we have investigated cases [on the old board], the citizens were found at fault. Often, things happen because citizens were ignorant of the law,” White said. “We’re going to educate citizens on what their rights are and what rights they do not have.

“Many times, when [police] are doing their jobs, they don’t know if a traffic stop will be their last action on this earth. We’re not just there to get the police. Most police are men and women who love our community, and some of them might be bad apples, just like you’ve got in every occupation.”

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News The Fly-By

The Latest on Parking, Permits, and Sidewalks

Here’s an update on some of the stories that we began covering in 2014 and will continue to follow in the New Year.

• Overflow parking for the Memphis Zoo will continue on the Greensward at Overton Park for a period that could stretch until 2019.

Memphis Mayor A C Wharton said while his “clear preference” was not to use the space for parking, the experience of this past summer made it clear to him that the Greensward “will be an important relief for zoo parking until such time as a viable alternative is realized.” 

The news came in a letter from Wharton to Tina Sullivan, Overton Park Conservancy executive director, on Wednesday, December 31st. The sentiment is a complete departure from a Wharton letter in May that said the city was committed to eliminating Greensward parking by the end of 2014.

“We were very surprised and disappointed to receive this letter from the city a few hours ago,” read a Facebook post from Get Off Our Lawn, a group organized to fight Greensward parking. “The fight for a car-free Greensward continues.”

Going forward, Wharton wants zoo and park stakeholders to work together to develop a viable plan for parking that does not include the Greensward. 

He called Overton Park a “great treasure” and called the zoo a “tremendous asset.” Wharton wrote, “The city will allow parking on the Greensward, as may be absolutely essential to zoo operations, until a plan is implemented, [or] Jan. 1, 2019, whichever comes first.”

Brandon Dill

Naomi Van Tol and Stacey Greenberg protest Greensward parking.

• Special parking permits will be issued to some residents who live around the Overton Square entertainment district but not as many as originally thought. 

The move to start a special parking permit program there surfaced in April. Residents complained to Memphis City Council Chairman Jim Strickland that Overton Square visitors were blocking their driveways and alleys with their cars and sometimes even parking in their yards. 

The program was approved by the council in August. Petitions were sent to neighbors in the proposed new parking district, an area bound by Cox Street on the east, Morrison Street on the west, Union Avenue on the south, and Jefferson Avenue on the north. A section of Lee Place North was also included. 

If at least 75 percents of residents on the individual streets approve permit parking for their street, they would be placed in the special parking district and permits would be issued to them. 

In all, only 10 permits will be issued to residents on a section of Monroe Avenue between Cooper and Cox. The council approved those permits on an unannounced agenda item during its last meeting of 2014.  

“Basically, [Restaurant] Iris agreed to pay for half of the first-year of permits for 10 permitees who live on the street,” said councilmember Kemp Conrad. “The neighbors … and Iris have agreed to basically split the north side of Monroe in the middle of the street.”

• The moratorium on forcing residents to fix their sidewalks was extended in late December.

City officials began enforcing a long-standing rule last year to make homeowners either fix their sidewalks or be hauled into Environmental Court. 

The council passed a two-month moratorium on the enforcement of the rule in May. Once that expired, a six-month moratorium was approved. 

The council approved its latest moratorium to last either six months or until the Wharton administration officials could propose a viable alternative. City engineer John Cameron said he and his office are working on the project and should present an alternative to the council in the first two months of 2015.

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News The Fly-By

Parking Pinch

Funding for a new parking garage in Cooper-Young is again before the Memphis City Council with familiar arguments and familiar advocates. And the proposal comes as the council debates a familiarly tight city budget.

The garage was first proposed to the council last year, but funding was not approved. Now, Councilmember Janis Fullilove has put the issue forward again. Last week, she moved to add $3.4 million for the project to the city budget next year, noting that “Cooper-Young is a very booming area” that attracts tourists from across the country and residents from all over the region. 

“[Cooper-Young] is a meeting point of Orange Mound and the Glenview area and, of course, Midtown, so this is a citywide kind of project,” Fullilove said. “If we’re lucky, we could get some [tourist development zone] money from Nashville. But if we don’t, we need to put this in the budget and start planning this.”

A vote on the matter was delayed for two weeks. The council passed a resolution from Councilmember Kemp Conrad that mandates money for new projects be found in budget cuts or created with a tax rate hike. Fullilove said she’d bring a funding proposal back to the council in its regular meeting on Tuesday, June 17th.

The proposed garage would have two floors of parking for about 150 to 250 vehicles and be built on the corner of Meda and Young. The ground floor would be reserved for commercial space. Architects from Pensacola, Florida-based Structured Parking Solutions said they designed the building to fit in with the neighborhood.  

The Cooper-Young Business Association (CYBA) has been out front in support of the garage project for the past four years. Representatives from the group have led community discussions, lobbied leaders, and formally presented the plan to (and requested funding from) the city council last year.

CYBA Director Tamara Cook said the district has 95 on-street parking spaces and 366 spaces in private lots. The area’s 187 businesses (21 of them restaurants) employ more than 1,150 people, which alone would use up all the parking spots. But add in the 40,000 to 50,000 people who visit Cooper-Young each week, and Cook said the neighborhood is in a parking pinch.

“The Cooper Young Historic District generates over $12 million in sales tax revenue annually,” Cook said. “Now is the time [for the garage] because we do not want our historic district business owners to suffer by not having adequate parking for our patrons.”

A survey last year from the Cooper-Young Community Association found that 75 percent of respondents said parking was a problem. Most said a garage was the best option, but the plan has long had opposition from those who think a garage would kill the neighborhood’s vibe. A Facebook group called “Keep Cooper-Young Walkable” was launched this week.

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Opinion

Super Tuesday Coming Up on City Budget

Memphis_school_AP110720056842_620x350.jpg

Stock up on the energy drinks. The upcoming City Council session on the budget next week looks like a marathon, with scary numbers like a 50 percent increase in property taxes and/or 3,250 layoffs of city employees being tossed out.

The City Council’s Budget Committee met with Mayor A C Wharton Thursday in a dress rehearsal for Super Tuesday. Wharton and CAO George Little presented four for-illustration-purposes-only scenarios ranging from a property tax rate of the current $3.11 per $100 of assessed value with 3,250 layoffs to a scare-the-pants-off-you $4.83 with no layoffs and hefty payments for future debt service and pension obligations. In between were the mayor’s favored $3.36 rate with no layoffs and $3.11 with 1,420 layoffs.

The final rate is likely to be something north of $3.36 and south of $4 when the council gets through hacking away at it. The council and administration have been engaging in a dance of “who will make the tough cuts.” Councilman Kemp Conrad, a budget hawk from way back who has said for years that the council and administration are “kicking the can down the road” to ruin, called the $4.83 rate — which he does not support — an “honest budget” because it owns up to long-term obligations as well as wish-list budgets from various city divisions. From the administration side, Little presented, in the finest of fine print, a list of 21 possible cuts and savings.

“This is the package,” he said when pressed by members about whether the administration is willing to take ownership of them.

The items in the package include such goodies as elimination of medical benefits for the dependents of retirees, a defined contribution retirement plan instead of a defined benefit plan for city employees, reductions in paid leave, elimination of the proposed 4.6 pay increase for city employees, and a freeze on cost-of-living adjustments in employee benefits.

Cutting 3,250 jobs would eliminate nearly half of the city’s workforce, impose extreme cuts in every type of city services,, restore the 4.6 percent pay cut for employees who don’t lose their jobs, and cut the property tax rate from Wharton’s recommended $3.36 to $3.11. At least some of the increase is due to a decline in the aggregate property valuation in Memphis. When that goes down, the tax rate has to go up to compensate.

Boosting the property tax rate to $4.83 (on top of the Shelby County rate of a proposed $4.32) would give Memphis a sky-high combined rate that would make the most dedicated Memphians think seriously about leaving town. The “upside” would be no layoffs of employees, no cuts in services, restoration of the 4.6 percent pay cut, and payment of about $170 million to future debt service and reserves, pensions, and post-employment benefits.

The bargaining begins , or ends, Tuesday. The state comptroller has served notice that Memphis may not balance its budget via smoke and mirrors, also known as pushing around debt.

“I don’t think we will have a budget on Tuesday,” said Councilman Shea Flinn.

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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.”