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News The Fly-By

Who’s the Boss?

When city and county police forces in Charlotte, North Carolina, merged 15 years ago, someone was forced to give up his title.

The city police chief was granted the highest role in the consolidated force, while the county chief (similar in role to Shelby County’s elected sheriff) was moved to the position of “deputy chief.”

“The former county chief became deputy over police services in the unincorporated areas of the county,” says Darrellyn Kiser, assistant to the Charlotte-Mecklenburg police chief.

Earlier this month, Shelby County commissioner Mike Carpenter and Memphis city councilman Jack Sammons co-sponsored resolutions to form a joint city/county committee to look into consolidating the Memphis Police Department (MPD) and the Shelby County Sheriff’s Office (SCSO). That committee will be charged with deciding if consolidating is a good idea and, if so, who should lead a merged force.

“The [new head] should be an appointed position. It should be a part of the executive branch, as it is now,” says MPD director Larry Godwin.

Godwin, himself an appointed official, says appointed officials cannot sue the city when problems arise.

But Shelby County sheriff Mark Luttrell sees things differently.

“The head of a new organization needs to be directly accountable to the people, not buried two or three steps down in a bureaucracy,” says Luttrell, an elected official.

Though full consolidation has never been tried in Shelby County, the departments attempted some merging of units several years back (called functional consolidation). The former metro DUI unit and the gang unit pulled officers from both city and county police forces, but those were disbanded under Godwin’s leadership.

“Those fell by the wayside because the city doesn’t think functional consolidation is the way to go,” Luttrell says. “I think it’s still valid.” But Godwin says consolidation is an all-or-nothing issue.

“With functional consolidation, you’re working for two agency heads,” Godwin says. “When you need those resources, they’re already committed, and you don’t always have the control to yank them away.”

Full consolidation of the departments would also mean a merger of tactics. Currently, the MPD focuses much of its attention on crime hotspots. The SCSO puts more emphasis on building relationships with community members and faith-based organizations.

“If you were to combine the two forces, you would have to combine those philosophies as well,” says Mike Heidingsfield of the Shelby County Crime Commission.

“There’s a huge number of issues to be worked out,” Kiser says. “Does everyone keep their same rank and position? How do you consolidate salary schedules? What about benefits packages? All of that took us about two years to iron out.”

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News The Fly-By

Doing Just Fine?

Budget season is just about over, but the Memphis City Council is currently reviewing where it can save money and where it can make money.

In April, the mayor presented broad recommendations from a $700,000 efficiency study conducted by Deloitte Consulting. Among the study’s recommendations were closing several library branches, hiring more civilians to work at the police department, and reorganizing the fire department. Last week, the City Council’s public safety committee heard from several division directors on the report’s specifics and what — if any — recommendations they felt could work.

But the committee also heard a presentation by the city attorney’s office on how increasing fines and fees could actually make the city more money.

“I see a good number of opportunities for the city to raise the amount of revenue it collects,” city attorney Elbert Jefferson said.

In a report from the Revenue, Credits, and Collections Committee — originally chaired by former city attorney Sara Hall — recommendations included increasing animal service fees and increasing use and occupancy fees, among others.

Though the council directed the administration to look at fines and fees several years ago, the report noted that many of the codes and ordinances were passed before 1970 — and many of the fees hadn’t changed since then.

“Given an increase of 333 percent in the Consumer Price Index between 1970 and 2000, a $20 fine in 1970 would equate to a $6 fine in 2000. Alternatively, an inflation-adjusted fine of $20 in 1970 would be $66 in 2000,” read the report. “Clearly, for those fines, fees, and licenses that have not been updated since enactment or approval, their impact has been dramatically eroded by the general rise in prices for urban consumers of all goods.”

The study cites the metro alarm fee as one opportunity. The initial alarm registration fee is $30. The renewal fee, however, is just $5.

“When I write a $5 check for my alarm fees, I know that it costs more than $5 to process that check,” Councilman Jack Sammons said.

Jefferson said that the fees should be restructured to cover both the direct departmental costs — such as salaries or supplies — as well as indirect costs associated with human resources or the legal department.

“Given the stability and predictability of most division and department budget requirements, setting fees, etc., in anticipation of requirements prevents budget shortfalls and minimizes the impact of unanticipated events,” read the study.

So, could some of the city’s departments become self-sufficient? It’s an interesting idea. When Mayor Willie Herenton presented the initial efficiency-study recommendations, he said the report lent credibility to the city’s operations, but he seemed slightly dismissive of its findings.

“I don’t know any government in the country that can purport to be excellent in every operation. … I think all governments work on a daily basis to make themselves better,” he said. “Consultants can come in and do studies, but we’re the ones who have to run this city.”

For instance, out of the city’s $500 million operation budget, the consultants found roughly $18 million in savings, most of it from the fire services division.

“[Fire services] director [Richard] Arwood would tell you if we implement these recommendations, we would have a dramatically different fire service division. We have known for some time there were opportunities to reduce cost, but that wasn’t what we wanted to do,” Herenton said.

I guess it’s only natural to sound a little defensive when someone comes in and tries to tell you how to run your city. But Herenton’s right. Increased efficiency isn’t always best.

No matter how many lessons government tries to learn from big business, there is one key difference: With the government, the bottom line isn’t, well, the bottom line. Government has a different end game, one which includes public safety, education, and law enforcement.

But the efficiency study shouldn’t be dismissed. Consultants might not be the ones who “run this city,” but if the fines and fees show anything, it is that some things run on autopilot. If a fee can stay the same for three decades (if not four; it is 2007, after all), it’s not a bad idea to take a closer look.

The council’s public safety committee is expected to hear efficiency-study recommendations for parks and libraries July 10th. The committee was supposed to discuss the two areas at its last meeting, but it ran out of time.

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News

Networx: Will The City Council Get the Real Story? Will Anyone?

MLGW Commissioner and Memphis Networx board member Nick Clark should be commended for the tech-savvy openness he displayed this week. He managed a digital “press conference” where traditional media and bloggers like Richard Thompson of Mediaverse-Memphis were given equal access.

But Clark’s generous candor wasn’t always as candid or generous as it seemed. His explanations about how Networx lost so much value in so little time were often cloaked in the less than transparent language of business.

“The ‘business model’ was failing,” he said repeatedly. “We realized we had to change the business model” … “The business model had to change” … “Changes to the business model weren’t working.” etc. etc. etc.

Ah! It was the plan that failed, not its creators or executors. That explains … nothing. What, exactly, is Clark talking about when he references Memphis Networx’s various misfired business models? And how can an understanding of those models provide insight into the nature of the company’s impending sale to Communications Infrastructure Investments, a telecom-related holding company headquartered in Boulder, CO? Let’s take a look:

For eight years, Memphis Networx had a basic pass to operate without media and rate-payer scrutiny. Reporting by Andy Meek, in today’s Daily News, looks a little deeper into some of Networx excesses.

Meek’s reporting turns on the testimony of Doug Dawson, president of CCG Consulting, who studied Networx’s fair-market value in 2005 and determined that the company was overstaffed, overpaid, and overvalued.

“Wholesale companies in any industry by definition live on slim margins,” he was quoted as saying. “Wholesale companies typically pay low salaries all around — it’s the nature of being wholesale … and Memphis Networx pays about the highest commissions I have ever seen anywhere.”

But Networx wasn’t only secretive about its generous compensation packages or its excessive overhead. The company’s marketing strategy was also a disaster — one that did nothing to earn public confidence. It was a partly municipally owned company that ate truckloads of money while doing nothing to woo or wow the public — a recipe for disaster.

In addition to spending issues, there are also questions about the zeal with which Networx approached some potentially lucrative business relationships.

Conversations with Clark revealed that Networx may have missed out on some big opportunities — or liabilities — depending on whom you ask. Clark confirmed rumors that had circulated throughout 2006 that Networx had been approached by the Atlanta-based Internet provider, EarthLink, concerning a potential build-out and municipal wi-fi deal. This is relevant, particularly if the deal in question was anything like the recent partnership struck between Earthlink and Wireless Philadelphia, a not-for-profit organization committed to making Philadelphia the most wired city in America.

In October 2005 — about the time Networx stopped communicating with the public — Earthlink signed on with Wireless Philadelphia to create the largest wireless network in the nation. Shortly thereafter, Earthlink starting building a 135-square-mile wi-fi mesh connecting the entire city. Earthlink’s investment in the Philadelphia project has been valued at $15 to 18 Million.

Clark was cagey in his descriptions of how such a deal might have affected the value of Memphis Networx — and how it ultimately fell through. He cites various competitors in the wireless market as a potential reason for cold feet on both sides. But Clark’s final concern is somewhat puzzling in light of recent news. According to Clark, there was some concern that if a deal was struck with Earthlink, that company or some other competitor might eventually try to buy Networx.

“The challenge [was whether or not] Networx could control the muni wi-fi system so it could profit, or would an outside entity just attempt to buy Networx on the cheap for the benefit of its fiber ring and not recognize value elsewhere.”

There’s one tiny problem with Clark’s answer: By the time negotiations with Earthlink broke down in 2006, the decision to sell Networx on the cheap was only months, if not weeks away. The decision to hire a private consultant to broker the deal had likely already been made.

In December 2006, Memphis Networx hired the McLean Group, a private banking firm headquartered in McLean, Virginia, to create a list of 50 potential buyers. CII, who, according to Clark, had been systamatically approaching companies like Memphis Networx for some time, in an effort to increase its infrastructure holdings, was one of those potential buyers.

Cut to the present: Last week, as Memphis media chattered endlessly about snakes, strippers, and a mayoral sex tape that didn’t exist, it looked like MLGW’s decision to sell Memphis Networx for a $29 million loss would go unchallenged. It was something of a surprise when MLGW’s board decided to remove the Networx vote from Thursday’s board agenda, and reschedule the vote for July.

The decision was made to satisfy concerns raised by the City Council, particularly that the $11.5-million offer made by Communications Infrastructure Investments was not the highest bid. According to Clark, the delay is risky, but shouldn’t impact the deal.

Theoretically, the board was under no binding obligation to answer the City Council’s concerns, and their decision to do so comes in light of a odd arrangement between Networx and CII — that Networx’s sale price will drop by $1 million if the Memphis City Council gets too deeply involved in the process. But it’s unlikely that a cursory investigation into the bidding process by the council will yield anything definitive.

Although he agreed to provide the council with requested information about the top companies bidding for Networx, Clark offered words of caution:

“It’s like when you’re selling a house,” he said. Tipping your hand on the low bids might give the winning bidder second thoughts about the asking price.

The council’s stepped-up interest in the sale comes in the wake of Tuesday’s news that American Fiber Systems of Rochester, NY, claimed to have offered a bid for Networx valued at $13.5 million.

Clark was mildly dismissive of the council’s concern, noting that AFS’s offer included stock. He drew a round of knowing laughter from observers by comparing AFS’s stock options to promises made by Memphis’ all-purpose bogey-man Sidney Schlenker, the smooth-talking chiseler from Denver who sold Memphis on The Pyramid, a rideless theme park on Mud Island, and — pre-dating a memorable episode of The Simpsons — a monorail. Anything that can be compared to a bad guy like that must be extra radioactive. Right?

Maybe. MLGW and Networx did find CII via McLean Group consultant Tom Swanson. Swanson’s participation adds another layer to the onion, and at least suggests that MLGW’s decision to sell to CII rather than AFS is both impartial and justified. On the other hand, AFS is a serious company, and Memphis wouldn’t be its first municipal buyout. When Marietta, Georgia, decided to eat its $25 million investment in a Networx-like venture, AFS was there to take the tanking telecom division off the city’s hands.

While determining whether or not the Networx sale is on the up and up, the City Council needs to look beyond the technical process leading up to the sale. The company made a point of operating under the radar to avoid the theoretically watchful eye of the council. Clark has confirmed as much.

And as the Flyer has reported previously, Networx was never run like a business bent on success.

From December 2005, until the present — a period of total media blackout for the company — Networx seems to have been engaged in a process geared toward reducing value while preparing for an eventual sale. Neither the media or the City Council was notified when Networx CEO Mark Ivie stepped down in 2006. Nor did the company announce that Dan Platko had been named COO, specifically to run the company during the period leading up to and through its eventual sale.

Perhaps all the suspicious behavior amounts to nothing more than the death throes of a failing venture struggling to find an quiet exit strategy. But such a spectacular failure couldn’t have come off better if it had been planned. And if Networx’s ever-changing, ever-failing business models are any indication, it’s possible that it was.

— Chris Davis

Categories
Politics Politics Feature

Congressman Steve Cohen Grills McNulty

Political uber-blog “Talking Points Memo” ran a clip today of 9th District Congressman Steve Cohen grilling Deputy Attorney General Paul McNulty.

The set-up: “In April, a group of anonymous Justice Department employees wrote to the House and Senate judiciary committees and accused Paul McNulty’s chief of staff Michael Elston, of leading an effort to eliminate applicants to the Justice Department who were Democrats.

“And what did McNulty have to say when asked whether his right-hand man was working to politicize the hiring process at the Department? He doesn’t know.

“Faint comfort.”

Check out Cohen’s performance here.

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Opinion Viewpoint

Time for a School Takeover

People can talk about crime being the number-one issue. It’s not. Education is. If we can educate our kids, crime goes down, but the present educational system has failed us all. It’s time for a radical change.

The departure of Memphis’ latest school superintendent, Carol Johnson, provides an opportunity to revolutionize Memphis City Schools (MCS). In its present state, it’s nothing but a system that is failing to educate, is fiscally irresponsible, and is a major drag on the general welfare of this community. And the only solution we ever hear from our educators is: Give us more money.

But just consider: The city school budget is already almost twice the budget of the city of Memphis. The operating budget for the 675,000 residents of Memphis is $539 million. This encompasses fire and police protection, roads, garbage collection, parks, sewers, city courts, and much more. By contrast, the operating budget for the Memphis public school system — for 119,000 students seven hours a day, nine months a year — stands at $918 million. The two budgets were roughly equal in the 1990s, but in recent years, the school budget has escalated dramatically — with rapidly diminishing results. Increased funding is not the answer; better management is.

More than a decade ago, we saw Superintendent Gerry House come and go with rave early reviews, only to realize later that her tenure was, to say the least, unsuccessful. Johnson has come and is now going with the same tepid results. Yes, she can extrapolate from the reams of data at her disposal and point to some slight test-score improvement here and some minor success there, but that’s more show than substance. We forget that running the school system is a billion-dollar-a-year business for which a doctorate of education offers little training.

The results of overlooking business credentials can be seen in school projects such as the Mitchell High School auditorium, which escalated from a $1 million auditorium renovation to a $5 million performing-arts center, with no one accountable to explain how it happened. There is a new $20 million child nutritional center that no one knows how to run, whose need is questionable, and which is operating at 20 percent capacity with no positive results for students. Tens of millions have been spent for consulting contracts with no demonstrable purpose other than to provide cover for the lack of business acumen on the part of the superintendent and the school board. I could go on.

It is now the time for all to come to the realization that the Memphis City Schools system is broken and not fixable by means of the present school board/superintendent structure. If MCS were a company, it would be a prime candidate for Chapter 11 reorganization.

As it happens, there is a means at hand to accomplish the reorganization of a school system. Before we spend hundreds of thousands of dollars to employ “hiring consultants” to bring in another superintendent with more of the same credentials, it may be time for Governor Phil Bredesen to exert his authority under the No Child Left Behind Act and take over the school system, as he has recently threatened to do.

He needs to do what Mayor Herenton wanted to do, and that’s to fire the school board, which has been riddled with incompetence, conflicts, turf protection, and emotional outbursts, and bring in a new head with a new team to shake this system to its very core, rebuilding it from the ground up — a new school “czar,” to use an overworked term.

This new head could operate outside of the political arena and make those hard decisions that need to be made unfettered by school boards and prior contractual constraints.

We can delude ourselves into thinking that success is just around the corner, but it’s not. Another search team looking for another superintendent with the same old resume for the same old system won’t work. We’ve been down that road before.

It’s time for a radical change, and I believe Governor Bredesen has the guts and ability — and the legal and political wherewithal — to change the system.

Now is the time to act. Memphis restaurateur John Vergos is a former city councilman.

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Politics Politics Feature

Snake, Rat, or Martyr?

Whatever the final resolution of Memphis’ current political soap opera — dubbed “The 2007 Political Conspiracy” by chief protagonist Mayor Willie Herenton — there would seem to be little doubt as to the fate of one principal, lawyer Richard Fields. One way or another, Fields will take a fall; indeed, he has already suffered one.

Designated as the chief villain of what Herenton alleges is a blackmail plot against him — a “snake,” in Herenton’s term — Fields is now in an untenable situation. Even if, as many believe, he ends up being exonerated of the mayor’s specific charges (orchestrating an elaborate sex sting against Herenton), Fields will have inevitably plummeted to earth from a once-lofty position, his wax wings burnt and melted like some presumptuous Icarus come too close to the sun.

In the classical sense, Fields is an object lesson in hubris — a Greek term denoting prideful and ultimately ruinous overreaching. Well-regarded for years as a dedicated civil rights attorney, Fields seems to have made a decision some years back to establish himself as a power broker second to none in the city’s history.

That phase of his life may have begun as far back as the school-superintendent years of Willie Herenton (see “City Beat,” p. 12) and crystallized in 1991 when Fields was one of the few whites who actively supported Herenton in his successful bid to become the city’s first elected black mayor.

For some time thereafter, Fields remained close to the mayor, but he quarreled seriously with other mayoral intimates, like former city attorney Robert Spence, who would later accuse Fields of wanting to dictate city contracts. And, after an off-and-on period of close collaboration, Fields — or Herenton — decided in the last year or two, for whatever reason, to open up some real distance in the relationship.

That fissure seems to have coincided with turbulence in Fields’ private life — including the latest of four divorces, all from African-American women. (Fields himself is Caucasian, and his enemies — notably blogger Thaddeus Matthews — have broadly insinuated an almost Freudian hostility on his part to black men, especially those holding public office.)

In the meantime, Fields had made a somewhat feckless Democratic primary race against then state senator John Ford in 2002, finishing well out of the money (in every sense of that term). The experience, along with his long proximity to the city’s powerful and often imperious mayor, seems to have pushed him in the direction of kingmaking.

Largely on the strength of his ties to Herenton, Fields got himself elected to the Shelby County Democratic executive committee in 2005, in a party convention dominated by Herenton ally Sidney Chism and reformist leader Desi Franklin. (If Fields’ relations with Chism, since elected to the County Commission, are now necessarily strained, he apparently remains close to Franklin, a possible City Council candidate this year.)

Then came Fields’ pro bono involvement, alongside the legal team of the state Republican Party, in an effort to void the state Senate victory of Democrat Ophelia Ford over the GOP’s Terry Roland. Though the effort was ultimately successful, Fields had meanwhile been forced off the local Democratic committee amid accusations of a political conflict of interest.

Undaunted, Fields got his hand back in the political process almost immediately, with widely circulated broadsides enumerating the purported liabilities of certain judicial candidates in the 2006 August general election and calling for their defeat, while touting the prospects of others. His efforts seemed to some an attempt to replicate the influence of the old “Ford ballots,” voter guides put out at election time by former congressman Harold Ford Sr.

Since many of the candidates opposed by Fields were black and since his ballot choices, by design or otherwise, received most attention in largely white precincts of Midtown and East Memphis, he was accused — perhaps ironically, given his personal history — of a racial bias.

Whether for that reason or some other, Fields amended at least two early judicial choices, substituting African-American candidates for white candidates he had promised to support. To some, that took the gloss of his supposed high-mindedness.

Fields was back at it again for the fall elections last year, with newly distributed ballot choices in partisan races, taking sides with a number of Republican candidates against their Democratic opponents. That brought new outcries, especially among fellow Democrats, some of whom tried anew earlier this year to expel Fields, newly elected to a new version of the Democratic committee. That attempt was ruled out of order by the party’s new chairman, Keith Norman.

During the runup to the party’s reorganization, Fields had made public statements about “vetting” Norman that suggested to some he had handpicked the new chairman — a fact that prompted a clearly offended Norman to make a public disavowal of that scenario.

Fields continued in his new career as would-be power broker, sending out letters attacking old foe Spence in the latter’s Democratic Party primary contest against ultimate winner Beverly Marrero in yet another special-election contest, this one also for a state Senate seat.

Meanwhile, Fields was increasingly given to temperamental outbursts — some marginally understandable, as when he became unruly in Criminal Court judge Rita Stotts‘ courtroom last year and had to be removed by her bailiff during a legal process in which he apparently thought his son had been unfairly targeted.

There were instances of alleged assault — one against lawyer Jay Bailey; another against radio talk-show host Jennings Bernard, who filed a formal complaint. There were hostile reactions by Fields to routine, even friendly media attention, which culminated in an attempt by the erstwhile civil-libertarian and First Amendment supporter to have the media banned from public meetings of the Democratic committee.

Though this action would patently have violated the state’s Sunshine Law, Fields’ motion was formally vetted by Norman before being dismissed out of hand. (After last week’s events, Norman demanded and got Fields’ resignation, his second in two years, from the executive committee.)

That brings the Fields saga to the present and the ongoing legal/political saga pitting the mayor, his allies, and double (perhaps triple) agent Gwen Smith, who alleges that Fields hired her to entrap Herenton sexually, against Fields and other alleged adversaries of the mayor, some of whom may have had no other involvement in things than to favor Herenton’s taking leave of his office.

It is hard to imagine that an FBI agent would, as Herenton charged, take part in an illegal conspiracy designed to defeat his reelection. What seems more likely is that a sting may have been getting under way, perhaps urged on by Fields, centering on the relations of the mayor and beer-board chairman Reginald French, a Herenton ally, with topless clubs seeking liquor licenses.

Just what is what in this affair may be determined — and in short order — by the special prosecutor requested by District Attorney General Bill Gibbons. And whatever the legal and political consequences to others, the options available to Richard Fields in the end game seem rather starkly circumscribed.

In this age of the real Tennessee Waltz and the fictionalized Sopranos, they range from possible criminal charges on one end to political “rat” on the other. Even if Fields proves to have had the purest of motives, he seems above all to have been an overreacher.

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Politics Politics Feature

So What Is County Mayor Wharton Raising Money For?

On Wednesday of this week, pol-watchers in these parts will be up against it trying to keep up with big-time local events. First, there is the long-planned fundraiser at U of M basketball coach John Calipari’s manse for city council candidate Jim Strickland. Almost simultaneously, there is mayoral candidate Herman Morris’ headquarters opening at 1835 Union Avenue.

And finally there is a $500-a-head fundraiser for Shelby County mayor A C Wharton at the Racquet Club. Then there’s…

Wait a minute! It’s understandable why candidate Strickland, who has at least one opponent and may get more before next month’s filing deadline, needs a fundraiser. And any self-respecting candidate for mayor has to have a headquarters (though Morris, whose HQ has been broken into and robbed already, even before its formal opening, may have second thoughts about that.

But why does Mayor Wharton, who possesses no known campaign debt from his prior two election efforts and who is enjoined by law from running for a third term, need a big-ticket fundraiser? Granted, political eminences (and A C is certainly that) are called upon from time to time to keep up appearances by staging events or sending flowers and even to lend a hand to up-and-coming hopefuls, but is there an ulterior purpose to this putting the arm on big donors?

Given the events of the last week in the, 2007 Political Conspiracy, er, season, and the persistent rumors that Wharton is still meditating on a possible city mayor’s race, is there an even more practical and immediate reason for the county mayor’s fundraiser? Hmmmm.

–J.B.

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Politics Politics Feature

Worx for Some, Not for Others

As the MLGW board ‘fessed up this week and announced the pending sale to a Colorado holding company of its Networx assets, at a financial loss to Memphis taxpayers, at least two leading mayoral candidates stood to suffer a potential political loss on top of that.

They were incumbent mayor Willie Herenton, by all accounts a prime mover in the board’s decision to invest $29 million in the broadband fiber-optics enterprise back in 1999, and Herman Morris, MGLW’s president at the time.

And talk about bad timing! Addressing a meeting of the conservative-oriented Dutch Treat Luncheon on March 10th, candidate Morris made a point of defending the venture, saying, “I believed and believe it to be a very good concept.”

The former utility head went on to contend that Networx was intended to give the city “a competitive posture to attract industry as a part of our infrastructure” and to encourage “growth in the high-tech sector.”

Predicted Morris: “I still believe it will pay dividends.”

Two other candidates came off somewhat better. Addressing the same Dutch Treat Luncheon group a month earlier, on February 10th, former county commissioner John Willingham listed Networx as one of the flops of the current administration and criticized it as relying on fiber optics “in the age of, what, wireless?”

And City Council member Carol Chumney, who said she attempted to downscale some add-on funding for Networx that the council briefly considered a year or two back and who criticized the venture at her campaign opening in February, announced that the council’s MLGW committee, which she heads, will hold a hearing on the Networx matter next Tuesday.

Mayoral candidate Chumney finally let the other shoe drop Tuesday when she filed her candidacy petition at the Election Commission.

Meanwhile, as if determined to prove that he has a common touch, Morris made the rounds last week — literally. One of his stops was at Thursday night’s weekly session of “Drinking Liberally” at Dish in Cooper-Young.

In that casual setting, Morris dispensed some of his usual platform planks on crime, economic development, and education but also addressed some more unusual queries. Someone, mindful of an imbroglio experienced by presidential hopeful Bill Richardson on Meet the Press, asked Morris if he was a Yankee or a Red Sox fan.

After thinking on it, Morris answered “Yankees” but then added, “I’m not really a baseball fan, though.” Why not? “Because of the 7th-inning stretch. That always wakes me up.”

On Saturday, Morris addressed a meeting of the Shelby County Democratic Women, where, among other things, he boasted Memphis’ “natural attributes” over those of Atlanta and criticized a law-enforcement strategy whereby “drive-by police are chasing drive-by criminals.”

• Confirming intentions that had been known for months, Pinnacle Airlines attorney Nikki Tinker, runner-up to U.S. representative Steve Cohen in last year’s 9th District Democratic primary, has filed federal papers to run against Cohen again next year. But both Tinker and Cohen could have company in the primary: Freshman state representative G.A. Hardaway is also said to be considering a race.

As for Tinker’s challenge — represented by The Hill, an insiders’ political newsletter in Washington, D.C., as having black vs. white connotations — Cohen had this to say to the paper: “I don’t see it as being close at all. … I’m afraid Ms. Tinker is not aware of how far we’ve come in race relations.”

Tinker, who made a late and well-funded challenge to Cohen in 2006, paid for largely by corporate donations and support from the Emily’s List PAC, filed Friday with the Federal Election Commission but reported no financial contributions for the first quarter of the current cycle.

Cohen won 31 percent of the 15-candidate primary vote in 2006 and won a majority of the district’s African-American vote in a three-way general election contest with independent Jake Ford (also rumored to be thinking about another run) and Republican Mark White.

In his term so far, Cohen has taken special pains with legislation on behalf of black voters, most recently sponsoring a House resolution putting the body on record as apologizing for slavery. Earlier this year, he held a joint town meeting in the district with the legendary African-American congressman from Detroit, John Conyers, Cohen’s chairman on the House Judiciary Committee.

Hardaway, whose candidacy would constitute another three-way race for Cohen, would neither confirm nor deny plans for a congressional run in 2008.

Barack Obama, the Democratic senator from Illinois who wants to be president, came to Tennessee last week in pursuit of that aim.

After meeting in Nashville with Governor Phil Bredesen, state house speaker Jimmy Naifeh, and members of the legislative black caucus, and just before heading off to a couple of private fund-raisers elsewhere in the state’s capital city, Obama put it this way:

“I think Tennessee has smart Democrats who are able to fashion a kind of agenda that attracts independents and Republicans. So I want to get some good advice and maybe some good supporters while I’m here.”

Both Bredesen and Naifeh were complimentary about Obama but noncommittal on the issue of supporting him against other Democratic contenders.

State Politics: The General Assembly finally got around to what looked like a climactic decision last week, in which state revenues, already in surplus, were to be newly fattened, thanks mainly to the 42-cent tobacco tax passed the week before in defiance of what had seemed to be adverse odds.

There was some interesting behind-the-scenes stuff going on.

The bill’s one-vote margin in the state Senate had been due to an unusual de facto collaboration between two state senators, Jim Kyle of Memphis and Rosalind Kurita of Clarksville, political arch-adversaries who both got what they wanted when push came to shove.

Kyle is the state Senate’s Democratic leader — still mortally offended by fellow Democrat Kurita’s pivotal vote in January to unseat venerable Senate speaker John Wilder and install the first Republican lieutenant governor in the state’s history, Ron Ramsey. He and Kurita do not speak, unless it is unavoidably in the line of duty.

Yet they collaborated in the passage of the tobacco tax, the pièce de résistance in Bredesen’s education package but with sums earmarked also for agricultural enhancement grants and state trauma centers. The vote was 17-16, a party-line affair in which former Republican, now independent, Micheal Williams of Maynardville voted as expected with the Democrats.

Most of the expected $230 million in annual revenues will finance Bredesen’s upgrade of the state’s Basic Education Plan. The trauma-center allocations will come from the two-cents’ worth (literally) that Kurita, a nurse by profession, insisted on tacking on as the price of her vote for a bill that was originally the rival to her own version of a tobacco tax, which would have mostly been devoted not to education but to health-care issues.

Holding the Line: Fearing sabotage in the Senate, where two Democrats were absent last week when the House got ready to vote, Democrats in that body heeded warnings from Speaker Jimmy Naifeh of Covington and majority leader Gary Odom of Nashville about accepting Republican amendments which would have sent it back to the other chamber for reconsiderations.

The GOP amendments contained some attractive embellishments to the bill — ranging from reallocations of state lottery funds to needy school districts to riders that would lower or temporarily eliminate the sales tax on groceries. One amendment would have added another penny’s worth of tax for Iraq war veterans. Another would have added money to counter sexual predators, but Democrats like Mike Turner of Nashville, who later called the Republican members “assholes,” held the line.

Ultimately, the un-amended tax prevailed with a majority of 59 or 60 votes of the 99-member House, depending on whether or not Republican Jim Coley of Bartlett, an educator, A) voted accidentally or on purpose against the bill; and B) was successful or unsuccessful in changing his “no” vote to “aye” immediately afterward.

Coley was insistent that he had pushed the wrong button and equally adamant that he had succeeded in having his vote reversed by the House clerk. Speaker Naifeh, clearly skeptical on the first count and seemingly determined, as he had promised earlier, to afford nay-saying Republicans no cover, was equally emphatic that the right vote total was 59, not 60, and that Coley’s no vote remained unchanged.

Coley got some backup from Representative Mike Kernell, one of two Shelby County Democrats (the other was Larry Turner) who voted against the tobacco-tax bill on grounds of its regressivity. Kernell said he would have voted for the tax had the proceeds been rerouted back to health care, where, he said, it would have been “tripled” by match-ups with federal grants.

“Coley had told me he was going to vote yes, and he mistook a ‘call-for-the-question’ vote for the vote on the bill itself,” Kernell said in defense of his colleague.

A Regressive Tax? Meanwhile, Kernell took time out afterward to make an extended defense of his own attitude (and, by implication, Turner’s, who called the tobacco tax “yet another regressive sales tax and one whose proceeds are non-renewable”).

“I wouldn’t have voted for the bill even if my vote had been the one necessary for its passage,” said Kernell, who seemed to be echoing Kurita’s concerns that health-care issues should take precedence over Bredesen’s plans for updating the state’s Basic Education Plan.

From that point of view, Kernell found much that was agreeable in a speech Monday night by Representative Beth Harwell, a Davidson County Republican, in favor of her amendment to use the tobacco-tax proceeds to reduce or eliminate the sales tax on groceries. “It was a great speech,” said Kernell, who acknowledged, however, that any amended bill returned to the Senate for action would probably have expired there.

• Even as state senator Kurita gets her sea legs under her, the man whom she, in effect, deposed, Senator Wilder of Somerville, seemed somewhat more out to sea than was his wont during his 36 years as lieutenant governor and Senate speaker.

Octogenarian Wilder seems physically recovered from the fall he took at his Fayette County home early in the session. And he makes a point of participating in discussions, both in committee and on the floor of the Senate itself.

But the longtime legislative lion just isn’t plugged in the way he once was. A demonstration of that occurred on Monday during a session of the Senate Finance Ways and Means Committee, one that was devoted to the question of how surplus state funds could be used to augment the state’s “rainy day” or reserve fund.

Much of that conversation was between committee chairman Randy McNally (R-Oak Ridge) and the two Senate party leaders who were intimately acquainted with the mechanics of the deal, Jim Kyle of Memphis and Republican Mark Norris of Collierville. During the back-and-forth, Wilder, seemingly taking in the fact and magnitude of the funds available this year, ventured to ask: “Do we need the tobacco tax?”

There was an awkward pause, after which the former speaker himself ventured, “I don’t really need to ask that?”

There may have been a rhetorical point to Wilder’s question — one that, for that matter, any number of lay citizens might find themselves wondering — but in the context of the committee’s end-of-session wrap-up, it came off as a bit less than plugged in.

A little later, after a series of further such basic inquiries, Wilder turned to Chairman McNally and said, “Do I need to stop asking questions?”

“No, sir” was the deferential response from McNally, who continued addressing Wilder by the ceremonial title of “governor.”

Wilder has indicated that he intends to run again for his state Senate seat in 2008 and would be favored to win if he did so. But the predominant sentiment of his colleagues is that he would be hard-pressed to get the Democratic caucus’ nomination for lieutenant governor, much less that of the Senate as a whole.

• Without much fanfare, Governor Bredesen last week signed into law the “Rosa Parks Act,” whose chief Senate sponsor was Kyle. The law, named in honor of the late heroine of the 1956 Montgomery bus boycott, allows civil rights activists to have criminal charges related to their activism expunged from their records.

“It’s important because it recognizes that people did risk incarceration for social change and that they ultimately prevailed,” Kyle said at the time he sponsored the bill. “They should not have the stigma of that incarceration or be put in the same class as other folks who simply just committed crimes.”

Categories
Politics Politics Feature

Checkmate!

NASHVILLE — To judge by their success in completing action on Governor Phil Bredesen’s education-boosting tobacco-tax increase this week, the General Assembly’s Democrats — like Tiny Tim in the Dickens fable — aren’t dead, after all.

The Democrats — often prone to chessboard blunders in recent years — were able to checkmate the rival Republicans in both legislative chambers this week and last. In the Senate last week, Democratic leader Jim Kyle of Memphis kept his rank-and-file in line, and that, along with the long-held espousal of tobacco taxes by Speaker Pro Tem Rosalind Kurita of Clarksville, a nominal Democrat but a de facto independent, provided a one-vote margin for a 42-cent tax increase on cigarette-pack sales.

The proceeds of the tax increase, estimated at $230 million annually, will be distributed between K-12 and higher education, agricultural enhancement grants, and state trauma centers.

In the House on Monday, party leaders were able to shepherd wayward members back in line to avoid what Speaker Jimmy Naifeh of Covington, majority leader Gary Odom of Nashville, and others considered traps in the form of reasonable-appearing Republican amendments (including one that would have allocated additional funding for the state’s Iraq war veterans).

Noting the absence of some key Democratic senators this week (nope, Memphis’ Ophelia Ford, quietly on the case and voting with her party colleagues, was not one of them), Odom warned that returning an amended bill to the Senate would, in effect, kill it. The bill carried 60-34 and awaits only the governor’s signature to become law.

This, possibly the session’s final week, will be devoted mainly to passage of the state budget, though some other key measures, including one affecting changes in state lottery scholarships, remain to be acted on.

• Though there remain Democrats who choose not to acknowledge the prowess of party activist David Upton (and Upton returns the favor by declining to concede any gravitas or political effectiveness to his detractors), the fact is that the ubiquitous behind-the-scenes player is on something of a roll.

In special elections, particularly, Upton has done well of late, and he is filling a power vacuum created by the decline of the old Farris and Ford power blocs as such. In intramural Democratic matters, he is consistently outvoted by factions represented by Sidney Chism and Desi Franklin, but he keeps finding candidates to beat their candidates in public elections.

The latest example was last week’s two-to-one vote margin of victory of Jeannie Richardson over Kevin Gallagher in the special Democratic primary for state House District 89. Richardson has a long record of involvement in community affairs and, as a mental-health activist, knew her way around Nashville as well, but her name hadn’t surfaced as a legislative candidate until Upton started promoting her as an alternative to Gallagher, considered at the time to be the heir apparent to the seat.

Gallagher, campaign manager of Steve Cohen‘s successful congressional campaign last year, thought he had been promised a free run for the District 89 seat after dropping out of the race for Cohen’s old District 30 state Senate seat in deference to ultimate winner Beverly Marrero.

It didn’t turn out that way. Cohen gave at least nominal support to Gallagher, but the previous District 89 House members, Carol Chumney, Marrero, and current interim representative Mary Wilder all supported Richardson, who had a funding edge as well.

Richardson won’t have much trouble in the July 17th special general election with her Republican opponent, the previously unknown Dave Wicker, but it could have been, and almost was, a much more competitive affair.

Former Memphis school board member Lora Jobe had been seriously courted as a Republican candidate for the seat by ranking members of the state and national GOP hierarchies, who promised her ample backing and organizational help. Jobe thought seriously about it and almost took the plunge but opted out for family reasons, a scant few days before the filing deadline.

• Armed with support from a prominent African-American former official, Juvenile Court judge Curtis Person issued his harshest attack yet last week against the Shelby County Commission for its ongoing effort to create a second court judgeship.

Speaking to the downtown Kiwanis Club last Wednesday at The Peabody, Person said the commission majority had voted to create another Juvenile Court judge for “political” reasons only and had caused serious “disruptions” in the work of the court. “Employees have been assaulted, they have been demoralized, they have been discredited with misinformation,” Person said.

“To have two judges at the Juvenile Court who have competing personalities and conflicting personalities will do nothing but result in chaos. Absolute chaos,” Person said, going on to insist that “every major Juvenile Court in the state of Tennessee” had, like Shelby County at present, “one judge and multiple referees.”

Person countered the argument that Juvenile Court should have multiple judges like other local court jurisdictions by saying there were differences that made Juvenile Court “unique” — namely, several administrative responsibilities that are currently entrusted to the elected judge.

Defending his thesis about political motivations on the part of the commission, Person said, “I was elected with a 24,000-vote majority over the closest of my opponents. I was sworn in on September 1st [2006], and on September 6th, the commission voted to establish a second court.” He said he received no advance word of the two-judgeship proposal, which the commission majority (seven Democrats and Republican member Mike Carpenter) refused to defer — though minor proposals presented on the same day were deferred, Person said.

Subsequently, Person filed suit to block the creation of a second judgeship. After a temporary withdrawal of its action, the commission ultimately voted again in favor of a second court, and its action has been upheld in Chancery Court. Person appealed that ruling and has asked the state Supreme Court to intervene directly and hear the case. Ironically, the commission itself voted in a special meeting Wednesday to petition the court for the same action.

After his remarks were concluded, Person got an immediate boost from Fred Davis, who was the first African American elected to the City Council back in the ’70s. Noting his own involvement over the years in support activities for Juvenile Court, Davis accused “certain people” on the County Commission of supporting the second judgeship for “absolutely self-serving” reasons.

“I’m going to hang with you on this,” Davis assured Person. Afterward, the former councilman made a point of telling Person and several bystanders that Commissioner Henri Brooks, a leader in the second-judgeship push who, among other things, has called for a Justice Department investigation of Juvenile Court, was “the biggest crock of crap I’ve ever seen.”

Categories
News The Fly-By

Guns Over Gangs

Over Memorial Day weekend, six people were murdered in unrelated homicides, making it one of the city’s bloodiest weekends of the year.

All of the victims were killed by gunshots, but as far as police know, none of the homicides were gang-related, a fact that supports a new push by local law enforcement.

As part of an $80 million crime package proposed earlier this year, three separate bills are currently before the state legislature: The “Crooks with Guns” bill would increase penalties for felons found with firearms in their possession. The so-called Street Terrorism bill would mean stricter punishments for crimes committed by three or more people. The third bill would provide funding for more prosecutors in district-attorney offices statewide. But Governor Phil Bredesen’s proposed $15 million crime package includes a watered-downed version of the Crooks with Guns bill.

Memphis police director Larry Godwin and Shelby County sheriff Mark Luttrell are among members of state law enforcement groups who sent a letter to the governor last week asking that funding for Crooks with Guns get priority over the Street Terrorism bill.

Their decision reflects a surprising local statistic. Of the 65 homicides committed in Memphis by press time, 55 involved the use of guns. But none of those homicides are verified as having been committed by gang members, based on the Tennessee Bureau of Investigation’s rules for identifying gang involvement.

“Although we do have a few robberies committed by three or more people, it becomes difficult to prove that all three were working in concert. You may have one guy sitting outside, and he’ll say, I didn’t know they were going to rob the place,” says MPD spokesperson Vince Higgins. “So it’s more appropriate for us to approach this from the standpoint that we need to fund Crooks with Guns.”

The Crooks with Guns bill increases penalties for convicted felons found in possession of firearms by requiring mandatory sentencing with no jail-time reductions. The Street Terrorism bill would make crimes committed by three people a higher classification of felony.

“We feel that Crooks with Guns will take care of a lot of those gang problems as well,” says Maggie McLean-Duncan, a spokesperson for the Tennessee Association of Chiefs of Police. “A lot of the individuals who we’d be convicting with the Street Terrorism bill are carrying guns.”

Bredesen has criticized the proposed Crooks with Guns package, saying harsher punishments don’t necessarily deter crime. “I have a $500 million crime bill this year. It’s actually called an education bill,” he says. “But it’s focused on trying to prevent these things from happening in the future by getting kids on the right track.”