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Health Official Offers Few Details on Expected Restrictions

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A file photo of Dr. Bruce Randolph, Shelby County Health Department officer.

A new health directive with likely (maybe?) new restrictions on bars and restaurants is expected no later than Monday, according to Shelby County Health Officer Dr. Bruce Randolph.

Randolph was vague on details of the new directive during a briefing Thursday. It wasn’t even clear when the new rules will come out. He said the health department is working with local elected leaders on the directive.

“We will issue new directive no later than Monday, maybe sooner than that, depending on the progress we make on it” Randolph said. “But by Monday we are anticipating issuing a new directive.”

Asked for details of the new order, Randolph seemed reluctant to reveal details, saying only that, “we are still looking at specific data” and adding a message to business owners that “we all have to do our parts and adhere to the safety measures in the health directive.”

While he never directly enumerated any new restrictions, Randolph said, “wearing a mask at all times will be emphasized. Other than moments when you’re eating or drinking, you will be expected to have a mask on while socializing in whatever setting. We’re asking you to wear your mask.”
[pullquote-1-center] Randolph hinted that restrictions could come for the numbers of patrons allowed inside restaurants saying, “the number of people in an establishment may not necessarily be what it used to be. We’re looking at ways we can effect that.”

He also noted enforcement may be part of a new directive saying, “Fellow citizens, it’s important that we all abide by the safety measures and adhere to them.” Randolph said he’s heard of restaurants that pretend to close at 10 p.m., reopen later, and stay open past allowed hours.

“We can no longer have that,” Randolph said. “If we are to remain open, we’ve got to do it right. We’ve got to mask up and we’ve got to separate.”

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Pediatrician: ‘No Good Choice’ for Schools, Contact Sports ‘Not Safe at This Time’

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Dr. John McCullers, Pediatrician-in-Chief at Le Bonheur Children’s Hospital, speaks during the Memphis and Shelby County Joint Task Force briefing on Thursday.

No good choice exists for parents of Shelby County school children heading into the 2020-2021 school year this year, and contact sports, like football, are not safe.

That’s all according to Dr. John McCullers, Pediatrician-in-Chief at Le Bonheur Children’s Hospital and a professor in and chairman of the Department of Pediatrics at the University of Tennessee Health Science Center. McCullers’ remarks came during Thursday’s press briefing of the Memphis and Shelby County Joint Task Force.

McCullers said he and others at Le Bonheur had received numerous calls from school districts, parents, and local leaders for advice on how to approach the coming school year as the COVID-19 pandemic continues. So, nearly three weeks ago, he and others formed the Back to School Task Force at Le Bonheur. The group has since issued a set of guidelines and published other resources on the Le Bonheur website.

The main questions McCullers said the team has heard over the many weeks are: Should schools be opened or closed? Should I send my child to school?
[pullquote-1-center] “We’re in a status as a community with high levels of transmission,” he said. “From my standpoint, there is no good answer to this.”

Sending students back could boost transmission rates even further, with students spreading coronavirus at school and bringing the virus home to parents and grandparents. However, “having kids in school is the best way for kids to learn.” In the end, though, McCullers said school officials and parents have to make individualized choices about it all.

Dr. Alisa Haushalter, director of the Shelby County Health Department, said there are “inherent risks” on contact sports. But she said the task force would wait to make a formal statement on whether or not to hold events until it received the exotic language from an executive order from Tennessee Governor Bill Lee.
[pullquote-2-center] McCullers said, as member of the task force, he, too, would wait on Lee’s order. But his opinion as a pediatrician was straightforward.

“It’s clear from a medical perspective that with the degree of transmission in out community, it is not safe to go back to contact sports like football,” he said. “I can’t say what the transmission rate would need to be [before such sports could resume], but it is not safe at this time.”

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Feds Converge on Memphis Due to ‘Dramatic’ Virus Increases

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Dr. Jonathan Mermin, a Rear Admiral in the U.S. Public Health Service, speaks during Thursday’s Memphis and Shelby County Joint Task Force briefing.

Federal health officials have been in Shelby County to offer assistance as a part of a tour to the country’s top 10 locations seeing “dramatic” numbers of new coronavirus cases.

Dr. Jonathan Mermin, the director of the National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention and a Rear Admiral in the U.S. Public Health Service, said he and others came here as federal officials saw a “dramatic increase” in Shelby County and other locations in the country. Officials also came from the Federal Emergency Management Agency (FEMA) and the U.S. Department of Health and Human Services’ Office of the Assistant Secretary for Preparedness and Response (ASPR).

Here, those teams gave technical support and expertise to local officials for a more effective response to an ever-growing number of COVID-19 cases. Total cases for Shelby County topped 10,000 earlier this week, and new case rates here have been over 300 for the past few days.

Mermin said federal health officials “are concerned” about the rise of virus cases here, especially the disproportionate rise of cases in minority communities.

“Memphis has come together before and beaten even bigger odds,” Mermin said. “We can do it again.”

Memphians will get that chance this weekend. Local officials have said they knew holidays like Mother’s Day and Memorial Day would lead to spikes of new cases. They were concerned Thursday about the upcoming Independence Day holiday weekend.

Doug McGowen, Chief Operating Officer for the city of Memphis, urged locals to take safety precautions during celebrations. In this request, he noted it was the work of ordinary Memphians that beat back the yellow fever epidemic that “nearly wiped out the city” 150 years ago.

“I’m asking you; I’m imploring you,” McGowen said. “Let’s show the world that grit and grind is not just a slogan, it’s who we are. Let’s have the grit to wear face masks and grind (the virus) out in small groups, not large groups.”
[pullquote-1] Greg Akers, editor of the Memphis Business Journal, asked McGowen if the high numbers of new cases were because the phasing of the Back to Business plan was too lenient or if it was because individuals were becoming lax on safety precautions. McGowen said “neither one of those is right.”

He described an early approach to virus-related clamp-downs and phased reopenings that were patient and thoughtful. He said local officials expected to see upticks in the average of new cases in Phase I (about 100) and in Phase II (about 200). He said the county has averaged about 200 daily new cases of the virus over the last two weeks.

However, there are some increases “we can’t explain.” Clusters appear and sometimes it can be explained because some live in houses with many people or people attend gatherings with many people. But now, he said, officials here have a better ability to look at data and target approaches for effective interventions.

On the whole, though, “the pacing of the reopening was right,” McGowen said.

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Politics Politics Feature

Healthcare “Road Show” Off to a Good Start

There has been no shortage of skeptics about the bona fides of the health-care task force recently appointed by state House Speaker Beth Harwell (R-Nashville) to look into the matter of an alternative to Governor Bill Haslam‘s “Insure Tennessee” proposal for federally funded Medicaid expansion, which was dead on arrival upon its presentation to the General Assembly in last year’s sessions of the General Assembly.

Criticism came from both left and right. Early on, state Democratic Party chair Mary Mancini seemed to dismiss it out of hand in a press release titled “A Task Force Called Meh,” in which she said, “It doesn’t have any actual policy or concrete meeting dates. It doesn’t have the will to actually, you know, do anything. … Once again we are a witness to the failure of the Republican majority to lead.”

Nor was everybody in the state Republican Party exactly blissful about the task force’s creation. At a meeting of the National Federation of Independent Business in Memphis last week, two key GOP state Senators were less than enthusiastic. “It remains to be seen how serious this is as a task force,” said Brian Kelsey (R-Germantown), the state Senate’s Judiciary chair. “I find it curious that the House now has this road show,” said state Senator majority leader Mark Norris (R-Collierville), referring to a series of public hearings the task force has begun statewide.

(Both GOP Senators, it should be noted, were vehement opponents of “Insure Tennessee.”)

To be sure, the task force has evolved since Harwell put it together in early April. Back then, it consisted of four House members, all Republicans: Cameron Sexton of Crossville, the task force chairman, who chairs the House Health Committee; Steve McManus of Memphis, chair of Insurance and Banking Committee; Roger Kane of Knoxville; and Matthew Hill of Jonesborough.

Since then, the Speaker, acquiescing to pressure to diversify the group, has added state Rep. Karen Camper (D-Memphis) and one member from the state Senate, Richard Briggs (R-Knoxville), a physician. Crucially, perhaps, both Camper and Briggs were supporters of “Insure Tennessee.”

The reconstituted task force began holding its public hearings in Nashville last week and intends to hold several more before preparing legislative recommendations, which chairman Sexton says he hopes to have ready by June.

On Monday afternoon, three members of the task force — Sexton, Camper, and McManus — were on hand at the University of Memphis University Center, where they were joined by panelists and audience members representing a diverse group of respondents, including hospital spokespersons, representatives of ad hoc health providers, and prospective patients.

In the spirited discussion that ensued for two hours, there was some evidence that, the critics of left and right notwithstanding, the task force might indeed be up to something serious. A key moment came at the very close of things, when McManus, who in 2015 had adopted an adverse position on “Insure Tennessee” and chaired a brief hearing of his committee to an inconclusive end, responded to some passionately expressed testimony by uninsured and under-insured attendees, mostly low-income people who had invested some hope in the prospects for Medicaid expansion through “Insure Tennessee.”

“We’re going to have something for you,” McManus said, in an emotional statement of his own. Asked later if he thought his group would give serious reconsideration to some version of the governor’s plan. “Absolutely, we will,” he said, adding, “Let’s face it. Back then the matter was a political football.” Meaning that its coupling with the Affordable Care Act, better known among Republicans as “Obamacare,” had doomed the proposal to partisan treatment by the General Assembly’s GOP super-majority.

Typical of a potential sea change among Republicans was a lament by panelist Ron Kirkland, a Jackson physician who ran for Congress in the 8th District GOP primary in 2010, that more than $1 billion annually in Affordable Care Act (ACA) funding had been lost to the state by its failure to endorse “Insure Tennessee.” As Kirkland put it, “We’d have been jumping up and down if that much money was available to the [West Tennessee industrial] mega-site!”

And numerous of the medical-community representatives noted that Medicare funding allotments for Tennessee had been scaled down under the ACA with the idea of fleshing them out again with the Medicaid-expansion component of the Act. Subsequently, the Supreme Court’s ruling that the latter component was not mandatory upon individual states had allowed Tennessee and various other states to opt out of Medicaid expansion, with the unintended consequence of reducing overall medical funding.

Overall, the discussion on Monday seemed pointed more toward solutions of this and other dilemmas than to recapitulating various rhetorical talking points. Perhaps this is one road show that might lead to something real and tangible on the main stage of Tennessee government.

• “Give a mouse a cookie…”: Given the factional divisions on the Shelby County Commission, such as they are, it is a rare thing indeed that Heidi Shafer, the East Memphis Republican who so often speaks for what is arguably the Commission’s dominant coalition, should quote with approval Steve Basar, a fellow Republican but one who often sides with another, predominantly Democratic group.

But so Shafer did on Monday, in the course of her current effort to retard — or at least subject to serious vetting — a proposal to assist the office of District Attorney General Amy Weirich with backup to help process the future use of body cameras by local law enforcement, primarily the Memphis Police Department.

A condensed version of the Basar remark cited by Shafer would go something like this: “Give a mouse a cookie, and he’ll ask for a glass of milk. Then he’ll want another cookie.” And this de facto little aphorism was employed by Shafer as a warning against what she called “mission creep” in the matter of funding Weirich’s office.

The fuller argument, as she and other skeptics have developed it in two of the Commission’s mid-week committee sessions and two of the body’s regular public meetings, boils down even further to a fairly simple formulation: “Why us?” — the idea being (a) that the impetus for use of body cams came from the MPD and city government, and (b) the District Attorney General’s office is a creature of state government, not county government.

Ergo, why should county government have to foot the bill?

That argument has found enough buyers so far to have stymied the initial proposal for a fuller funding of the D.A.’s office in the amount of $143,378. By the time of Monday’s meeting, the issue of direct new funding was off the table — replaced by an offer from the administration of Shelby County Mayor Mark Luttrell to shift residual money in the county’s fund balance to provide “temporary support staff for body camera rollout.”

That support would total out, as finally agreed to by the Commission on Monday, to about $25,000 from the fund balance. And that amount, as Shafer reminded an acquiescent administration CAO Harvey Kennedy, would have to be shared with the Public Defender’s office, which, according to state law, is entitled to funding equivalent to 75 percent of any sums appropriated to a District Attorney General’s office.

Enough stop-gap money will be shifted to endow three temporary employees for the D.A.’s office, along with two for the Public Defender’s office, for a period of roughly a month to assist with body-cam rollout.

To stick with the aforementioned Basar analogy, that compromise solution is less a cookie than a crumb, and it’s a clear signal that, with stiff funding increases sought by the Sheriff’s Department, and even stiffer ones sought by Shelby Couty Schools, the D.A.’s office will face difficulty during forthcoming budget negotiations in getting much more for the body-cam matter.

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5-Year Plan Presented to Law Enforcement Consolidation Group

Saying it was just a “starting point,” County Commissioner Mike Carpenter officially presented his consolidation proposal to the law enforcement consolidation task force on Wednesday.

“I don’t think this is an air-tight proposal. … This is open to discussion,” Carpenter said.

Carpenter’s plan suggests creating a Public Safety Commission that would guide a five-year consolidation process of the Memphis Police Department and the law enforcement duties of the Shelby County Sheriff’s Office. If, during that time, consolidation was not working or was costing too much money, the bodies involved could opt not to go forward.

But some task force members said they needed more time to come up with a viable proposal.

“If it takes five years to execute [the plan], we need to take longer than 90 days to choose that path,” said Mike Heidingsfield, head of the Memphis Shelby County Crime Commission.

The task force’s next meeting is November 28th.

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Law Enforcement Consolidation Group Discusses Deadline

“I’m concerned about the time we have left to make a decision,� said Memphis Shelby Crime Commission director Mike Heidingsfield at a meeting of the Shelby County Commission’s Law Enforcement Consolidation Task Force Wednesday afternoon.

The committee has until December 15th to make a recommendation as to whether or not city and county police forces should consider consolidation. But Heidingsfield and other committee members expressed concern that the group, which has been meeting since August, has yet to determine whether they’re considering full consolidation (a complete merger of both police forces) or functional consolidation (a merger of individual units like a metro DUI squad or metro SWAT team).

“If we’re going to continue to talk and talk and talk, we need to decide what we’re talking about,” said Memphis Police director Larry Godwin.

“Meeting a December deadline would be very problematic for this body,” added deputy county attorney Danny Presley.

So far, the committee has heard presentations from consolidated departments across the country (like Las Vegas and Louisville, Kentucky), briefly looked at a cost analysis for full consolidation, and talked with representatives from the Memphis Police Association and the Shelby County Sheriff’s Deputies’ Association.

But Heidingfield says the group has yet to consider the additional cost of adding the 600 Memphis Police officers requested by the mayor earlier this year. And they haven’t spent much time on discussing whether a sheriff or appointed director should run a new consolidated force. Nor has the group spoken with representatives from neighboring towns, like Arlington and Lakeland.

“We haven’t even discussed a rationale for changing from the status quo,” said Heidingsfield.

Task force chair and county commissioner Mike Carpenter reminded the group that they should only be thinking about making a general recommendation as to whether the forces should or should not consolidate. That recommendation will be studied in greater detail by a new committee formed after the December deadline.

Said Carpenter: “After December 12th [the date of the last meeting], if we need more time, we can go back to the council and ask for more time.”

–Bianca Phillips

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News The Fly-By

Serve and Protect

When the Las Vegas Police Department merged with the Clark County Sheriff’s Office 35 years ago, departmental pride kept some officers apart.

“You’d go into a room and the city guys would be on one side and the county guys would be on another side,” said Tom Roberts, director of intergovernmental services for the Las Vegas metro department. “But that problem fizzled out over time.”

Roberts presented an overview of Las Vegas’ consolidated city and county police force to the Shelby County Commission’s law enforcement task force last week. The task force, headed by Commissioner Mike Carpenter, also heard from representatives of the Shelby County Sheriffs’ Association.

“Our investigators and specialists are concerned that consolidation would cause there to be too many people in investigator positions,” said association vice president Dan Chapman. “They’re afraid they’d be put back into patrolmen positions after they’ve worked years to get the jobs they have.”

Other association members are worried that consolidation would concentrate more resources on crime inside the city limits, leaving residents of Arlington, Lakeland, and other unincorporated areas with less police protection.

“Some of our guys have worked in the same areas for a long time, and they’ve developed relationships with the people who live there,” Chapman said. “We’re afraid the people they’ve faithfully served over the years would find they’re no longer enjoying the level of service they’re accustomed to.”

But not all sheriffs’ association members are against consolidation. Association president John Kraemer said he’s heard several members say they wouldn’t mind consolidating the two departments because Memphis police officers get better benefits.

“Many of our members have made it clear to me that they’re all for consolidation, but they don’t want [Sheriff Mark Luttrell] in charge,” Kraemer said.

County police officers have had two significant pay cuts in the last two years, Chapman said. “So our guys think, if we consolidate, at least we’ll get a raise.”

Tommy Turner, president of the Memphis Police Association, said his group will only support consolidation if the Memphis department is the lead agency.

“Our contract is with the city of Memphis and the police department, and we will not relinquish it,” Turner said.

Turner said the agreement with the city provides better compensation when officers have to go to court or work overtime than the sheriff’s office. MPD officers also make higher wages.

The task force has four more meetings before it is expected to make any proposal for or against consolidation. Carpenter says the commission will keep all issues in mind.

“If we decide to go in this direction [toward consolidation], we can balance those concerns,” Carpenter said. “Is everybody going to be happy? No, they never are. But I think we can make sure the officers are taken care of.”