Categories
Politics Politics Feature

Fields, Accused “Snake” in Anti-Herenton Plot, Censured by State Supreme Court Board

Lawyer Richard Fields, accused by Mayor Willie Herenton of masterminding a blackmail plot against him last year, has been censured by the state Supreme Court’s Board of Professional Responsibility on two counts unrelated to the conspiracy charge, including one for “conduct prejudicial to the administration of justice.”

In an action that so far has gone almost unnoticed, Fields’ censure this spring was formalized by the Board in an April 25 statement.

The statement noted that Fields had not requested a hearing on its original censure notice against him, dated March 17, and that therefore the censure finding was made final.

The Board ’s statement said in part:

“The censure was based on two complaints. In the first complaint, Mr. Fields informed the Court that he would dismiss a case but failed to do so as promised. This resulted in a show cause Order. In the same matter, he failed to inform his client that he was dismissing the case and made misrepresentations to his client about the disposition. Finally, he neglected to provide the file to his client until the disciplinary complaint was filed.

“In the second complaint, Mr. Fields neglected a case and failed to respond to his client in a regular and timely manner. Further, he failed to withdraw at the client’s request and failed to provide the file to the client until the disciplinary complaint was filed.”

At least one of the cases was that of a Memphis schoolteacher, Florida Garmon, who had engaged Fields to assist her in litigation against the Memphis City Schools. Garmon declined to elaborate on the particulars of the case “because I am still involved in the lawsuit …”

Upholding the complaints, the Board ruled against Fields in the areas of “adequate attorney-client communication” and “conduct prejudicial to the administration of justice.” The censure, said the Board, should be regarded as “a rebuke and warning” to Fields but did not prohibit his right to practice law.

In June of last year, Fields, a former political associate of Herenton, was accused by the mayor of attempting to arrange a sexual liaison between himself and cocktail waitress Gwen Smith. The point, said Herenton, citing statements made to him by Smith, was to create grounds for blackmail so as to force the mayor not to run for reelection.

Joe Baugh, a special prosecutor who investigated Herenton’s complaint, later issued a statement corroborating the “veracity” of Smith but said “Although a request may have been made of Ms. Smith to gain information concerning embarrassing material about you, it was apparent from the interviews that she never intended to even attempt such action.”

Accordingly, Baugh did not recommend submitting the case to a grand jury for prosecution. Herenton objected at the time and did so again in a June 6 letter to Baugh which states “…that justice will be served in the end by a thorough investigation and examination of this matter with a grand jury.”

Herenton’s letter also upbraids a justice system “…that routinely turns a blind eye to blatant criminal conduct if it has its origin in the white community.”

jb

Richard Fields

Categories
News The Fly-By

Fly on the Wall

Truth & Dishonor

On Monday, October 6th, Memphis’ favorite conservative talk jock Mike Fleming sat down to his computer keyboard and posted a scathing rebuke of Mayor W.W. Herenton on the website of WREC AM. Fleming was particularly irritated with the mayor because … well … for some damn reason.

According to his blog post, “Memphis Mayor ‘King’ Willie Herenton,” is a “LOSER” for “dropping out of anything remotely smelling of a deal involving the mayor.”

“With the FBI snooping around, it was a wise move,” Fleming continued. “Oh, ‘King’ Willie has now knocked John Ford out of the leader in the clubhouse on our awards number of making the top ‘loser’ in our never-ending quest for truth and dishonor.”

We couldn’t have said it better. Mostly because we have no idea what it means.

More on Mike

Color us late to the political key party. While checking out Fleming’s online commentary, your Pesky Fly discovered that the tiny Caucasian pundit has kept up a running video debate with WDIA jock Jeff Lee, an African American. The In Black & White Show is posted on YouTube and features the two chromatically and ideologically dissimilar radio personalities talking about current events over what sounds like soundtrack music from ’70s-era porn flicks. Seriously.

Brit Lit

“It is hot in Memphis and the humidity hangs about you like a layer of clothing.” So begins a BBC News report slugged “As the turmoil in the financial markets continues, Alan Little visits Tennessee in the southern USA, where many people view the crisis as a clash between Wall Street and Main Street.” Six hundred and twenty-three words into the 882-word piece — after a healthy discussion of Elvis, segregation, and barbecue — the writer introduces Take Denisa, a Memphian who is losing her home to foreclosure.

Categories
News

All’s Well that Ends (sort of) Well for MCS

Members of the Memphis City Council and Memphis school
board hugged each other Tuesday and said a schools funding “crisis” has been
averted for a year, but it is not clear exactly how and by whose math.

After Monday’s dire warning by Mayor Willie Herenton of a
possible $450 million state funding cut for MCS, Tuesday’s developments, vague
as they were, promised better things.

Before the start of the regularly scheduled city council
meeting, councilmen Bill Morrison and Harold Collins, joined by several school
board members, came to the podium and announced, “We will work this thing out
and have a positive resolution in the near future.”

Collins said there would be no property tax increase for
city residents. In fact, the tax rate will fall from $3.43 to $3.25. MCS will be
“fully funded,” Collins said, even though the council is sticking by its
decision to cut the city school payment from $93 million to about $22 million
this year.

Interim superintendent Dan Ward, one of scores of school
system employees who came to City Hall for the council meeting, said the school
system would dip into its reserves for $38 million, leaving a balance of $55
million. Additional “savings” will result from the school system officially
recognizing that its enrollment has declined to 113,000 students, down from
widely reported but never verified enrollment figures of 118,000 and 120,000 in
the last five years or so.

The enrollment decline is significant because state funds
are awarded on a per-pupil basis. School board member Jeff Warren said declining
enrollment enables a city to legally cut its funding. Warren says the city
council cut money from schools so members could claim to be tax cutters even
though taxes for non-school public services went up. By the same token, school
board members can say they fought fiercely against funding reductions even
though the net result appears likely to be a funding reduction.

Both sides said their attorneys are continuing to work on
the funding issue. How much posturing and face-saving are involved in dodging
the “crisis” is not clear. A $450 million state funding cut, which is nearly
half the operating budget, would have practically shut down the school system. A
cut of $50 million, or roughly five-percent, would be in line with what other
city and county divisions are undergoing.

What is known is that Memphis homeowners will get a
property tax decrease on their city tax bill for at least one year. New
superintendent Kriner Cash will have to deal with Herenton, who more or less
stood by his low assessment of Cash as the survivor of a flawed search process.
And the elected school board will remain in place despite Herenton’s call for an
appointed board and a referendum on that issue.

Categories
Politics Politics Feature

Mayor Coaxes Council to Support “Dramatic School Reform”

Making a deceptively brief and low-key pitch to members of
the city council Tuesday afternoon, Mayor Willie Herenton solicited their help
in arranging a referendum on the November ballot to determine whether the city
school board should henceforth “be appointed or elected.”

Herenton further suggested to council members Myron Lowery
and Janis Fullilove, who double as members of the city Charter Commission, that
they might consider authorizing such a referendum as part of their own
forthcoming ballot initiative in November.

Absent from his presentation to the council was any hint of
the slight edge with which the mayor had first broached his proposal for
“dramatic school reform” at a press conference in the Hall of Mayors on Monday. At the heart of it was a variation on a vintage Herenton proposal, a five-member board to be appointed by the mayor and ratified, in effect, by the council.

And Herenton seemed intent Tuesday on being as ingratiating as
possible to the current council, beginning by complimenting it for having “demonstrated that
it could really make a difference in this community on some very important
fronts.” As he would put it, contrasting the current 13-member body, nine of
whose members are in their first year, with previous ones, “This is not a status
quo council. I see a different mix here.”

The mayor drew an implicit contrast, too, between the council and
the school board, which had just rejected him as a prospect for the school
superintendency and whose existence as an elected body he now proposes to
abolish. The council, on the other hand, “as that body that takes the heat for
the tax rate, ought to have greater authority and accountability for the
schools.”

Insisting that the plan he was broaching was “not about
me,” Herenton said it should be structured so as not to take effect until 2012.
“That’s when Willie Herenton is history. You follow me?”

The mayor credited a “different climate” of opinion in the
state and the nation, and factors like the No Child Left Behind Act, for his
sense that now was the time to “make these changes while we can.”

In a brief give-and-take with reporters following his
session with the council, Herenton was asked about his current opposition to the
council’s decision last week to withhold funding from Memphis City Schools. A
reporter reminded him that he had proposed just such an expedient several years
ago as a means of forcing the issue of consolidation.

“Somehow or another, you have to send a shockwave,” said
Herenton, who said, “Nobody heard me then.” Now, however, there was a different
council and a different attitude toward change in Nashville. The mayor seemed to
be inviting a different idea – that of state intervention, reminding the
reporters of what he had also mentioned to the council, that state government
under the Bredesen administration had begun to intervene directly in the
Nashville school system.

Had the mayor been functioning then, or was he functioning
now, s as a “puppetmaster?” the newsman wanted to know. “I’m not going to let
you personalize the issue. We’re trying to change the culture,” the mayor said.

Categories
Politics Politics Feature

One Mayor’s In

Willie Herenton made it official Tuesday. At the stroke of noon — surrounded by a medley of supporters, reporters, and the curious throngs that only a longtime officeholder of his stature (and none of his opponents so far) can command, a smiling mayor showed up at the Election Commission, wrote out his check, turned in his reelection petition, acknowledged his supporters, and named his adversaries.

In no particular order, they were the media, the power establishment, assorted plotters and schemers, and almost as an afterthought, his declared ballot opponents. Herenton was asked if he thought that any “major” opponents were yet to declare. (That was code for his longtime friend and governmental counterpart, Shelby County mayor A C Wharton.) “It doesn’t matter,” he boomed out, as a surrounding crowd cheered his confident declaration.

And it may not matter. But there is a general feeling now, with two weeks to go before the July 19th filing deadline, that the best bet — some think the only bet — to turn the mayor back from gaining a fifth four-year term is Wharton and that the county mayor is running out of temporizing time.

It seems clear that he must in very short order either declare his candidacy, risking an old friendship with the man whose campaigns he has more than once been the titular manager of, or make an unambiguous statement renouncing any possible shadow of ambition to move his mayoral chair across the downtown government mall to City Hall.

What is known is that Wharton has been tempted to run, but that, besides his native reluctance and his loyalty to Herenton, he fears a bitter campaign in which he ends up being mauled by his old friend, a former pugilist who has never been prone to pull any punches — in the ring or out.

It is further known that Wharton — or someone acting on his behalf — has researched various questions of governmental protocol, including the key one of whether he could run for one mayorship while occupying the other or even hold both offices at once.

Meanwhile, the rest of the field went on doing its collective thing:

Earlier in the week, former MLGW head Herman Morris perceptibly stepped up his schedule, appearing at a meet-and-greet on Wednesday, followed by a fund-raiser before an audience of lawyers on Thursday.

At the latter event, held at the University of Memphis-area Holiday Inn on Central, Morris pointedly condemned political appeals to “racial divisiveness,” an apparent reference to what many observers saw as a central element of Herenton’s now famous “blackmail plot” press conference.

It is now clear that Morris and his supporters are staking their hopes on his prospects of appealing to both black and white voters and thereby becoming the legitimate default candidate for those seeking an alternative to a continuation of Herenton’s tenure.

Jackson Baker

Mayor Herenton

As the leader in early mayoral polling, City Council member Carol Chumney, of course, wasn’t conceding anything. She too accelerated her campaigning over the last week, following up a Monday-night appearance before the Germantown Democrats with some extended shmoozing at Thursday night’s weekly “Drinking Liberally” event, held at the Cooper-Young bistro Dish.

Finally, on Saturday night, Chumney invited supporters to the Memphis Showboat for what she called a “kickoff” of her campaign. (For once, given the venue, the term “launch” might have been more appropriate.)

Chumney read a lengthy statement in which she noted the panoply of reformist positions and independent stances that have gained her a substantial following. Especially prominent in her audience Saturday night were a group of environmental activists.

Nor was former Shelby County commissioner John Willingham inactive. Appearing at Tuesday night’s meeting of the East Shelby Republican Club at the Pickering Center in Germantown, Willingham made the most of a brief cameo appearance before the main address by state representative Brian Kelsey, espousing a disdain for the city’s “power elite” that may have transcended even Herenton’s in its intensity.

Of James Perkins, the retired FedEx executive who is reputed to have a million dollars to load into a campaign, not much is yet known. His campaign so far remains invisible, and, to the electorate at large, so does he.

The fact remains: In the field as constituted so far, only Willie Herenton is a creature of genuine sturm und drang. Only he has demonstrated the dramatic potency that, beyond all issues and for better or for worse, can motivate a mass electorate.

What happens if Wharton does get in? Chumney insists that she will remain in the race and eschew a return to the District 5 City Council position, which three candidates — Jim Strickland, Dee Parkinson, and Bob Schreiber — now seek. Morris insists that he raised enough money and support to go the distance, and no one doubts that Willingham will stay the course.

What the other candidates — or their representatives — all say is that they have displayed a resourcefulness that the county mayor has not. “It’s easy enough for him to just say no. Why doesn’t he?” is a common refrain. The answer to that, of course, is that he may yet give the alternative answer.

• A new physical principle has been discovered about the known universe, or at least about that corner of it occupied by the Shelby County Democratic Party. It is this: That the likes of Richard Fields can be gotten rid of — perhaps permanently — but longtime gadfly Del Gill is irrepressible and will return again and again — perhaps till the end of time.

Fields, accused by Mayor Herenton of being ringleader of a “blackmail plot” aimed at deposing the mayor, was the subject of two votes at last Thursday night’s monthly meeting of the local Democrats’ executive committee. First, his resignation from the committee — tendered in a letter to party chairman Keith Norman in which Fields blamed his departure on complications arising from “my present investigation of problems in Memphis” — was accepted by a 36-0 vote.

That vote, however, came only after Gill — yes, Gill — tried to move for Fields’ expulsion and was talked by Norman into tacking that motion on to the acceptance motion as a second stage. The reason: As Norman explained it, only the state party could rule on an expulsion; hence, Fields’ resignation had to be accepted first, lest some discovered technicality bind him forever to the committee, and to the party.

And that, Norman explained, was what nobody wanted. The chairman opined that “we should never have elected him back on in the first place” after Fields was forced off an earlier version of the committee in 2006 for working with Republican lawyers to overturn the election of Democrat Ophelia Ford to the state Senate.

Norman allowed himself some additional rhetoric to the effect that Fields was best gone forever — a point that Gill and others thought had been incorporated into the resolution of expulsion, which passed 27-6. Both Norman and party secretary David Holt said afterward, however, that the word “permanently” — heard frequently in discussion on Gill’s motion — was not involved in the final vote. The point may be moot; it is hard to imagine a third coming for Fields.

The real miracle was the return to the committee of Gill, who has his own detractors. That resurrection occurred when Gill, a perennial member who was not, however, elected at this year’s party convention, got nominated by the newly formed Memphis Democratic Club as its representative on the executive committee.

The Memphis Democratic Club is chaired by Jay Bailey, the lawyer who was defeated by Norman for the party chairmanship, and numbers other dissidents among its members.

Also returned to the committee was another longtime maverick, Bill Larsha, who was accepted as the representative of yet another newly formed dissident club.

• Even as all parties to the County Commission’s Juvenile Court controversy await the state Supreme Court’s verdict on whether it will adjudge the legality of the commission’s vote for a second judgeship, the commission itself has established an oversight committee for the court. Its chair? First-term member Henri Brooks.

Categories
Letter From The Editor Opinion

Letter from the Editor: Mayoral Applicants Welcome

Memphis is facing a watershed year. The looming mayoral election hasn’t begun to heat up yet, but the summer promises plenty of political maneuvering and fireworks as candidates jockey for position.

It’s now looking more and more likely that several candidates — each supported by varying constituencies — will be vying to unseat Mayor Willie Herenton. This is no doubt the way Herenton hopes it will play out. The more candidates there are, the more likely it is that the mayor will return for another term.

I have nothing against any of the announced candidates, but I don’t think any of them has thus far shown themselves capable of addressing the current citywide ennui. There is no one yet running who, in the immortal words of George Bush the Elder, has “the vision thing.”

Most candidates are trying to tap into the anger of the electorate, but there is nobody — black or white, Republican or Democrat — who would seem to have the ability to inspire hope and provide a coalescing leadership.

We need someone who can unify us and make us proud to be Memphians again. Our self-esteem as a city is at rock-bottom. Our corrupt and inept politicians have made us a statewide joke. Our crime problem eats at our core like a cancer. But crime isn’t made from whole cloth. It’s woven from the dark threads of poor education, one-parent homes, illegal guns, drugs, poverty, and hopelessness.

A candidate with vision sees the big picture, articulates the problems and their causes — and lays out a way forward. Herenton hasn’t done this, at least not recently. And even if he began to do so today, he’s burned too many bridges, alienated too many of his constituents. After three terms, his relationship with the City Council — and with at least half of the city’s residents — is probably broken beyond repair.

Another four years of “staying the course” with the political status quo could prove disastrous. At this point, change of any kind would be welcome, but real change will require a vision — and a visionary. Applicants welcomed.

Bruce VanWyngarden

brucev@memphisflyer.com