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Politics Politics Feature

County Commission Election Next Week

Even as candidates for city office gird for an October 8th election, which is still weeks away from its stretch drive, another election of some possible consequence is just around the corner.

On Monday, the Shelby County Commission will elect a chairman to serve  for the 2015-16 period, and, while other commissioners are quite likely considering their options in case of deadlock, at least two members of the commission — Steve Basar and Terry Roland — are more or less publicly running.

Both, interestingly enough, on a 13-member body which has a Democratic majority of one, are Republicans. Basar, however, is a de facto Democratic candidate, hoping to gain through an active coalition with members of the other party an office which he believes himself to have been unfairly deprived of by members of his own party.

A year ago, Basar, an East Memphis Republican who was then serving as commission vice chair, confidently expected elevation to the chairmanship as a matter of course.

For the first several years after the commission became subject to partisan elections in the mid-1990s, the tradition was to elect a chairman from one party in a given year, along with a vice chairman from the other. At the end of that year, the vice chair would be formally elected to become chair for the next year, in a routine whereby the succession to chairman was essentially foreordained, and the commission’s chairmanship was, by what was termed a “gentlemen’s agreement,” rotated by party annually.

That was the format which Basar expected to apply to his own case when a newly elected commission met to select a chairman after the conclusion of the August 2014 county election.

But Basar encountered a body which contained five new members, and the once-predictable rites of succession to the chairmanship had been jimmied and could no longer be depended on.

That all began with the election for chairman in 2011, when then Republican vice chair Mike Carpenter, who had angered his GOP colleagues by what they considered too close a collaboration with the commission’s Democrats, failed to get Republican votes, and Democratic chairman Sidney Chism parlayed the resulting deadlock into reelection for a second consecutive term.

From that point on, even as the principle of rotating chairmanships seemed to have reasserted itself to some degree, there was always an element of suspense in the matter of electing a chair, as well as a fair amount of intrigue.

When Republican Mike Ritz succeeded Democrat Chism as chair in 2012, he in effect became chief strategist for the Democratic majority’s opposition to independent suburban school districts and ran afoul of his GOP colleagues, as Carpenter had done previously.

In 2013, as Chism had done before him, Ritz sought a second consecutive term, but once again the Republican minority coalesced around what they considered a sympathetic Democrat, James Harvey, who won with their support. And, in 2014, GOP members continued with what had seemingly become a strategy of supporting a compliant Democrat over a fellow Republican, backing eventual winner Justin Ford over a stunned Basar.

In the wake of his defeat, Basar entered into a coalition with the commission’s Democrats on key vote after key vote, beginning with their efforts to limit Ford’s chairmanship powers last fall, and continuing through this year’s budget negotiations.

Basar still wants to be commission chairman, though he has also offered himself as a possible successor to Paul Morris, who is stepping down as chairman of the Downtown Memphis Commission.

Meanwhile, Roland makes no bones about it: He wants to be Shelby County Mayor, is essentially already running for that office, which is up again in 2018, and clearly believes that becoming commission chairman would give him a leg up on that race.

Roland hails from Millington, was elected to the commission as a GOP firebrand, and can still comport himself that way, depending on the issue. But he has made an obvious effort to mute his partisanship and work across party lines. He led the effort to put the commission on record as supporting Governor Bill Haslam‘s Insure Tennessee proposal, and the successful resolution to rename the Shelby County Courthose for the late civil rights icon D’Army Bailey was proposed by Roland.

• Meanwhile, on the Wednesday agenda of the commission’s general government committee is the still simmering issue of the Nathan Bedford Forrest statue and Forrest graves in what was formerly Forrest Park (Health Sciences Park).

Again before the commission is a resolution sponsored by Commissioner Walter Bailey that would put the commission on record as supporting the Memphis City Council’s ordinance to remove the statue, which was due for a second reading at this week’s council meeting. The commission’s resolution supporting the council’s intent was deferred from the committee’s July 22nd meeting.

Any action by the commission would be purely symbolic, inasmuch as only the council has authority regarding disposition of the statue. But whatever the commission does would definitely have an effect on public opinion during what is expected to be a lengthy course of litigation over the issue.

The city council’s sentiment has so far remained unanimous for removal, but indications are that reservations by suburban members of the county commission could make for controversy.

The commission’s budget committee is likely to get into something of a thicket, too. Budget chair Heidi Shafer wants the commission to take up the issue of establishing a staff or hiring an individual to perform for the commission the same kind of independent vetting service over financial matters that the Congressional Budget Office does for members of Congress.

Shafer and other members of the commission, on both sides of the party line, were plainly vexed by seemingly disparate accountings issued by the administration of Mayor Mark Luttrell and County Trustee David Lenoir, respectively, on the actual amount of an end-of-fiscal-year surplus.

There is a strong and bipartisan sentiment on the commission to assert the body’s independence vis-à-vis the administration, as was also indicated recently by the commission’s open exploration of the prospect of hiring its own attorney, at least for ad hoc matters.

• It was neither the most surprising action nor the most momentous one of the 2015 Memphis election season, but the joint endorsement of Councilman Harold Collins‘ mayoral campaign on Monday by the Memphis Fire Fighters Association and an independent firefighters’ group was another sign of an apparent recent surge of support for Collins.

The councilman from Whitehaven was fairly universally judged to have acquitted himself well in a four-way mayoral forum last week put on by several local women’s groups at First Congregational Church.

And, though Collins’ financial receipts still lag behind those of Mayor A C Wharton and Councilman Jim Strickland, they have been significant enough to suggest the possibility that talk of a two-man mayoral race between Wharton and Strickland may have been overdone — or, at any rate, premature.

The opening by Mayor Wharton on Sunday of a Whitehaven-based headquarters on Elvis Presley Boulevard, to complement another headquarters on Poplar Avenue (to be inaugurated this coming Sunday), is a clear indication that the mayor has a two-front war on his hands.

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Politics Politics Feature

County Commission Power Surge

Monday’s public meeting of the Shelby County Commission saw the commission, as a whole, still trying to forge a new, more independent role for itself but experiencing a bit of erosion in its resolve.

The meeting began with Chairman Justin Ford continuing in his new mode of permitting audience statements on the front end of proceedings rather than, as was long customary, at the conclusion of business. Commissioners got an earful of complaints about its budgetary provision of $1.3 million to be divided equally between the 13 members of the commission for purposes of making grants within their districts.

“Charity” grants, the critical audience members were calling them, in a bit of a misnomer, inasmuch as the money — amounting to $100,000 per district — had been defined during the course of several recent commission debates as applicable to a district’s infrastructure needs as well as to this or that community organization with a civic or charitable purpose.   

Indeed, Commissioner Terry Roland, of Millington, who had been among a contingent of Republican commissioners who had lobbied hard but without success for a one-cent reduction in the county’s property-tax rate, was able to use that setback to respond to one of the critics, telling her that his share of the grant money would go, at least partly, to “fix your roads.”

Since there hadn’t been enough votes during the budget process to allocate at least some of county Mayor Mark Luttrell‘s $6 million budget surplus to a property-tax cut, the commission could at least use the back-door route of district grants to take care of district needs, Roland said. It was an agile argument and one not without irony, inasmuch as part of Luttrell’s argument against the proposed one-cent tax reduction had been that funding needed to be reserved for infrastructure repairs.

Even so, the audience complaints — apparently the tip of an iceberg that had included numerous phone calls, emails, texts, and personal intercessions from citizens — induced a change of mind in two previous supporters of the grants: budget chair Heidi Shafer and David Reaves, both Republicans. They joined fellow GOP member Mark Billingsley of Germantown — formerly the lone holdout against the grants, as he reminded the audience — in casting a nay vote.

The process was too “subjective,” Billingsley argued. Reaves and Shafer acknowledged that, and while they still thought the district-grant formula was a good idea, they were bowing to the will of their constituents.

Democrat Reginald Milton, author of the grant idea, held firm, insisting that government had “a role and responsibility to serve all its citizens.” Fellow Democrat Melvin Burgess told the two defecting Republicans, “We don’t represent the same districts. I represent District 7. Mine is a poor district.”

The ultimate vote, 10-3 in favor of the grants, indicated that there was still a fair degree of solidarity among the commissioners regarding the issue of self-assertion.

There had been an expected party-line division on the issue of third and final approval of the $4.37 county tax rate, same as the current one, with five Republicans — Shafer, Roland, Billingsley, Reaves, and George Chism — voting no in an 8-5 outcome, but most other issues saw the same degree of unity as was demonstrated on committee day last Wednesday, when the commission took on the Luttrell administration on two issues — an administration switch from Nationwide Insurance to Prudential as administrator of a county deferred-compensation plan for employees and an insistence that the commission had a right to its own attorney.

On Wednesday, commissioners went back and forth with spokespersons for the administration on the attorney matter. After a prolonged executive session, closed to the media, it was agreed that, while the county charter forbade the commission’s having a full-time attorney of its own, it permitted the commission to engage separate counsel for specific ad-hoc purposes, as, for example, during the late school-merger controversy, when the commission hired an outside law firm to litigate for its position.

Otherwise, the charter empowered the county attorney’s staff, headed by Ross Dyer, to represent county government in general, the commission, as well as the administration.

As a final add-on item to Monday’s agenda, Democratic Commissioner Van Turner introduced what was, in effect, a reprise of last Wednesday’s two controversies by proposing that the commission engage an attorney to look into the Nationwide-Prudential matter. The fat was back in the fire.

“It’s hard to serve two masters. It says that in the Bible” was how Roland posed the issue.

As might have been expected, the Turner proposal generated yet another extended back-and-forth, with Dyer and assistant county attorney Kim Koratsky insisting that they needed time to research the matter, which included the side issue of who would pay for an additional attorney. On that latter point, a consensus seemed to develop that the commission’s contingency fund would be the appropriate source.

Any possible solution to the controversy may have been sidetracked when Turner’s resolution, already a two-in-one, became a de-facto three-in-one, with his suggestion that former Commissioner Julian Bolton could serve as the ad-hoc attorney on the Nationwide-Prudential matter.

That brought on an explosion from Reaves, who pronounced himself “sick and tired” of the whole controversy. “I’ll support the school lawsuit, not this,” he said, referencing a possible action in support of Shelby County Schools’ ongoing effort to challenge alleged underfunding by the state.

And Reaves was especially scornful that Turner’s resolution included the offer of a job to Bolton.

“I can help the commission resolve this impasse. I’m not looking for a job. I just want to help,” responded Bolton.

“Will you serve for free?” shouted Reaves. “You’re asking for money.”

Eventually, that flare-up ended, with other commissioners endorsing Bolton’s ability and integrity. Bolton and Reaves shared a relatively polite tête-à-tête after the meeting.

Meanwhile, though, Turner’s resolution was sidetracked, referred back to the general government committee, which Turner chairs and which had been the starting point of last week’s twin controversy. Dyer and company had gained the leave they sought to research the relevant issues, and the whole thing had bogged down into a truce of sorts.

• Next Thursday, July 16th, is filing deadline for the 2015 Memphis city election — which means that some long-unanswered questions will finally be resolved.

How complete is the field for city mayor? That’s one general question that needs answering. And, in particular, will Kenneth Whalum Jr. run for mayor? And, if not, will he seek one of the other offices — Council District 5 and Council Super District 9, Position 2 — for which he drew petitions last April?

One question involving former school board member and New Olivet pastor Whalum was long ago resolved, with the fraying away of any semblance of an arrangement with Memphis Police Association head Mike Williams, whereby only one of them would be a mayoral candidate. Both Williams, directly, and Whalum, indirectly, have since debunked that idea.

Meanwhile, spiffy new electronic roadside signs have begun to appear advertising the candidacy for the Super District 9, Position 2, seat of Joe Cooper — remember him? — who has also said he will offer free bus transportation to the polls for anyone needing it.

Cooper’s signs pledge his vote to restore the lost benefits of police and fire employees, and he credits Williams with being his authority on the matter.

Another Cooper idea for dealing with fiscal scarcities in city government is to sell naming rights to City Hall, and he cites as precedents the corporate titles adorning football stadiums in Nashville and elsewhere. Er, any potential bidders out there?

By next week, we should also have a fairly complete reckoning of what various candidates’ financial disclosures for the second quarter were. Stay tuned.

Categories
Editorial Opinion

Give Commission Grants a Chance

Yes, there is always the prospect — especially in this barbecue capital of ours — that when money is handed out by politicians, it might qualify as “pork.” (Webster: “benefits dispensed or legislated by politicians to gain favor

with their constituents.”) This is especially a possibility when a legislative body such as the Shelby County Commission, which has been notorious for its internal divisions, agrees on a formula for dividing a portion of a budget surplus into equal sums for the 13 members to distribute in their districts.

The sum to be divided somehow ended up — with the consent of county Mayor Mark Luttrell’s administration, mind you — to be $1,300,000. It doesn’t take a genius with numbers to see how easily that figure can be split 13 ways, into integers of … hmmm, let’s see … an even $100,000. Wow, what a coincidence. Or is the right word synchronicity? Or pork?

The last possibility is the one that several members of the commission’s audience arrived at on Monday to express their displeasure at a then-pending proposal to allocate the aforesaid $1,300,000 into 13 even parts for individual distribution. And, as we learned from two commission members (one of them an original co-sponsor of the idea), there was enough negative feedback from their constituents to shift them from their original intent to vote aye into going nay instead. In the end, the proposal was approved 10-3 — which is still a lopsided vote of approval for that contentious body.

But there is more to the proposal, and the vote total, than the concept of a self-aggrandizing giveaway. It didn’t get spoken to on Monday, but the proposal also calls for the entire commission, as a body, to approve any given grant, once it is suggested by an individual member. To be sure, that process could invite the specter of collusion, if one has a suspicious mind. But it also could lead to the kind of genuine debate and cooperation and understanding of the peculiar needs of one’s colleagues that an elected deliberative body needs. And it tends to eliminate the kind of jealousy that used to mar debates of what to do with grant money under the old system of direct, sharp-elbow competition for whatever money was available for nonprofits. If you’re worried about unscrupulous wheeling and dealing, that was a system that overtly encouraged it.

Under the new system, each district gets its fair share of attention. Yet another new wrinkle worked into the resolution that passed is the explicit license for a commissioner to dispense one’s allotted sum for basic infrastructure needs.

“We’re gonna take care of your roads,” Commissioner Terry Roland told one of the protesting audience members on Monday, and it’s up to his constituents to see that he does.

The new grant-distribution formula is one of the several changes that would seem to follow naturally from the new single-member apportionment that occurred after the census of 2010. The single-member formula encourages, for better or worse, more hands-on engagement between commissioners and constituents, and we should set aside our innate cynicism long enough to give it, and its offshoot formulas, a fair chance to work.

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Politics Politics Feature

Commission Plays 52-Pickup

Early on in Monday’s regular business session of the Shelby County Commission, Commissioner  Melvin Burgess, a Democrat, moved to defer for two weeks a vote on appointing someone to fill a Judicial Commission vacancy, on the grounds that a discussion on the matter would crowd out some necessary and potentially lengthy deliberations on the county budget and tax rate for fiscal 2015-16.

That was either a face-value statement, as Burgess insisted, or a political maneuver, as the Republican members of the commission — or most of them — suspected, and very shortly the provisional consensus on a budget/tax rate combination that had apparently been reached in a lengthy commission session on May 20th began to come asunder.

Several of the GOP members — conspicuously excluding Steve Basar, who supported Burgess’ motion — objected that most of the 15 applicants for Judicial Commissioner were sitting in the commission audience and had cleared their personal slates in order to be present for the scheduled vote.

; Privately, they began to sense that some deal had been made that involved trade-offs of various kinds, and Basar’s support of the Burgess motion convinced some of them, at least, of something that Commissioner David Reaves, a GOP member from Bartlett, was willing to voice later on:

“It all goes back to the chairmanship vote,” Reaves said, referring to a reorganizational vote of the newly elected commission last fall. Basar, who had been vice chair of the previous commission, had expected to be elected chairman but was stunned to find that most of his fellow Republicans were committed to other candidates. In the end, a majority of Republicans united behind Democrat Justin Ford, who had often voted with the GOP contingent during his first term.

Whatever the reason for that reversal — and they were probably as much personal as political — it made for a commission divided along clearly partisan lines, with the body’s Democrats, plus Basar, on one side, and the Republicans, plus Ford, on the other.

For weeks last fall, the two factions waged procedural warfare, with the Democratic/Basar coalition seeking either to unseat Ford as chairman or to drastically limit his authority. In the end, Ford survived, though with modestly curtailed prerogatives, and the showdown eased up. It, indeed, had been largely forgotten, until Monday, when Burgess made his motion. 

Ford, as chairman, attempted to disallow any deferral, but in the resultant vote, Burgess’ fellow Democrats, plus Basar, prevailed.

“Basar tipped his hand,” Reaves said. “He’s looking toward September, for the next chairman’s vote and trying to gain some leverage. Why else would he vote that way? It allowed us to figure out quickly that he had flopped.”

Basar denied any such motive, but he agreed that the Republicans began to shift, more or less in unison, to a common strategy, “once they saw me voting again with the Democrats.”

One consequence was a defeat for a long-pending ordinance proposed by Basar to apply pedestrian safety laws to unincorporated areas of Shelby County. Basar needed nine votes, but Republicans Reaves and Terry Roland, who had agreed to help him meet his quota, withdrew their support.

Subsequently, the old arithmetic of Democrats-plus-Basar versus Republicans-plus-Ford reasserted itself on vote after vote, preventing agreement on matters that, as of the marathon commission meeting of May 20th, had seemed either settled or within easy reach. 

The commissioners had then seemed to agree on a formula dividing some $1.8 million equally between each of the 13 commissioners for them to distribute to non-profit organizations in their districts. That matter, now involving a lesser sum of $1.3 million and altered to include other services and recipients beyond non-profits, was referred back to committee on Monday.

More importantly, a sense of distrust had arisen among the commission Republicans regarding what they thought had been a common commitment to use part of a $6 million surplus claimed by the administration of Mayor Mark Luttrell to lower the county tax rate one cent, from $4.37 to $4.36. 

The GOP members now began to suspect behind-the-scenes collusion between the administration, which had never been sold on the tax decrease, preferring to use any left-over differential on infrastructure, and Democratic members, who, now supported by Basar, were proposing to raise several sums apparently agreed upon on May 20th — notably for the Sheriff’s Department and Juvenile Court, each of which were seeking significant increases.

Consequently, Roland proposed a 4-cent reduction in the tax rate (“as a way of getting one cent,” he would later acknowledge).That went down, by the same quasi-party line vote as before, as did a follow-up vote for the 1-cent reduction.

In the end, a “flat” or stable tax rate at the current level of $4.37 received the same 7-6 vote distribution for the first of three required votes, and all budget items were deferred or referred back to committee.

In a true sense, nothing got resolved on Monday, though several commission meetings, both scheduled and ad hoc, are sure to revisit the budget/tax rate matters between now and the July 1st fiscal-year deadline. And several members, seeing the prospect of consensus slipping further way, are foreseeing that an official arbitration process will need to be invoked.

“Irresponsible,” was Chairman Ford’s verdict on Monday’s meeting.

• On the mayoral-race front, most observers are now betting that the Rev. Kenneth Whalum Jr., the New Olivet Baptist Church pastor and former school board member, will run for mayor, despite his insistence that he will defer to Memphis Police Association President Mike Williams, a declared candidate.

“He’s making noise like he is,” said Williams last week at Broadway Pizza, after one in a series of what will be several organizational meetings, noting that “I have never asked Whalum about not running. …  I’m just moving at my pace. Even if he runs, we’re still going to be friends. … My destiny has nothing to do with his destiny.”


•Oh, and make room for Robert “Prince Mongo” Hodges on your tout sheet. The Zambodian prince, a frequent mayoral candidate in the past, says he’ll pull a petition for mayor next week.


• And, almost unnoticed, Joe Cooper (yes, that Joe Cooper) has put together a potentially effective campaign team in his latest quest for a political comeback as a candidate for the City Council Super District 9, Position 2 seat.

Cooper says he expects to spend $100,000 on his race and has engaged the professional consulting team of Matt Kuhn and Mike Lipe to help him do it. Gene Buehler and Karla Willingham Templeton are Cooper’s campaign co-chairs.

Cooper, who serves wrestling legend Jerry Lawler as an agent and manager, says that Thursday of this week will be officially recognized as “Jerry Lawler Day” in both Memphis and Jackson, Tennessee, with Mayor A C Wharton said to be ready to issue a proclamation in his City Hall office on Thursday and Jackson Mayor Jerry Gist honoring Lawler similarly on Thursday night.


• So, guess who else is being touted for Mayor. Yep, Harold Ford Jr.

But not of Memphis, Ford’s erstwhile home base. No, the transplanted former 9th District congressman and 2006 U.S. Senate candidate, is apparently being talked up for mayor of New York, his current abode — the most recent hints of such a prospect coming from Bloomberg Business, which reported last week on a Lincoln Center “American Songbook” gala that, according to the periodical, honored Ford for his fund-raising efforts on behalf of the center.

Said the article: “‘Mayor’ was on the lips of some guests, though not Ford’s. Asked about his interest in leading the city, Ford, who once considered a run for a U.S. Senate seat from New York and has endorsed Hillary Clinton in the 2016 presidential race, said ‘I’m a new father for the second time, that’s what I’m focused on.'” 

The next mayoral race in New York will occur in 2017. Current Mayor Bill de Blasio, an avowed liberal, is in some quarters considered vulnerable to a challenge from the center or right.

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Editorial Opinion

County Sausage

In a somewhat surprising take on the nature of his job, Shelby County Mayor Mark Luttrell on Tuesday described his relationship with his legislative body, the Shelby County Commission, as an “adversary relationship.” In

an address to the members of the Rotary Club of Memphis at the University Club, Luttrell said he’d offered that description as an alternative way of looking at things to an observer who’d asked him about his “contentious relationship” with the commission. 

“We do get worked over,” the mayor acknowledged about the relationship between his administration and the commission (which, it must be said, has often nursed a fair number of feuds and internal divisions within itself). “But,” said the mayor, and it was a crucial “but,” that kind of relationship “is in concert with what the founding fathers devised.”

In other words, the system of checks and balances that was built into the Constitution seems to have carried over into the governing practices of our nation’s various subordinate institutions, as well. Everybody is everybody else’s watchdog.

A case in point was Monday’s commission meeting, when the bone of contention was a plan devised by the county administration, faced with forthcoming reductions of $1.9 million annually in state funding for the county’s incarceration here of state prisoners. The administration had presented a plan whereby it would recoup most of that expected deficit by outsourcing Corrections Center food services to the Aramark Corporation, which would endeavor “in good faith” to re-employ as many as possible of the current 31 workers employed in food services, while the administration would seek to relocate those who were not rehired in jobs elsewhere in county government.

The commission’s discussion of this plan was touch-and-go, especially since sincere and vociferous complaints were heard early on from some of the affected employees, and since the issue, by its nature, was the sort that would invite party-line differences on the commission, divided 7-6 between majority Democrats and minority Republicans. There was a tendency among the Republicans to mount stiff upper lips, sigh, and describe the situation as one of making the best of a bad situation. That was balanced by an outcry among several Democrats that the workers were being thrown under the bus. But there was a middle ground, made evident from the start by the fact that one Republican, Terry Roland, and two Democrats, Van Turner and Willie Brooks, headed in opposite rhetorical directions from those of their party-mates.

Not that there wasn’t some invective thrown about, along with charges of duplicity and deceit, along with intermittently serious tension between the two sides and between county CAO Harvey Kennedy and Democratic critic Eddie Jones. But in the end, with some amendments attached to the proposition that cemented the guarantees of continued employment for the food-services employees, the adversarial atmosphere had served to clarify and complete the proposed arrangement in the form of a legitimate compromise.

Critics of American government often make the comparison to law-making to the unpleasant process of sausage-making. But ideally that very process is what makes the end result digestible and, with any luck, easy on the system.

Categories
Editorial Opinion

Commission Kudos

In Washington there appears to be no hope for anything like bipartisan cooperation — not even to mention nonpartisan thinking. Everything in our nation’s capital is akin to trench warfare, with the two sides — the now dominant

Congressional Republicans and the demoralized Democrats of the House and Senate glaring at each other across a no-man’s land of stalled or vindictive legislation.

It is much the same with the Tennessee General Assembly in Nashville, where the most obviously beneficial possibilities — think Governor Haslam’s proposed Insure Tennessee vehicle for overdue Medicaid expansion — are doomed to inevitable oblivion once the GOP super-majority there finds a way to link them to the name of President Obama.

American history — if a nation this conflicted can actually survive — will surely reflect at some future point on the ignominy of a time when an entire national party devoted itself not to the art of governing but to a grim determination not to govern. (The periodic attempt of Republicans in Congress to shut down the government is not the anomaly it is often presented as by a credulous media; preventing government would seem to be not a stratagem but an end in itself for the anarchist ideologues who control the party’s right wing.)

Luckily, though, there is one governmental unit that still seems to be functioning across party lines with the goal in mind of securing the greatest good for the greatest number. It’s the Shelby County Commission, whose seven Democrats and six Republicans have demonstrated twice in this calendar year that they not only can achieve unity of purpose, but do so in such a way as to shame the bodies that theoretically represent the larger enclaves of state and nation.

Casting partisanship aside back in February, the members of the commission, among whose responsibilities it is to maintain the effectiveness of Regional One Health (aka The Med) voted 12-0 for a resolution urging the General Assembly to approve the Haslam plan, which would have brought $1.4 billion a year into Tennessee for the rescue of its financially challenged hospitals.

Although some Republicans in Nashville were ready to concur, a band of GOP ideologues on a single Senate committee prevented the plan from even getting to the floor. All hail gridlock!

More recently, the commission put itself on record this past Monday with the same degree of unanimity in opposition to voucher legislation which has already cleared the state Senate and is ready for processing by the House. The Republicans and Democrats of the County Commission pointed out the obvious: Any money channeled into private schools will be at the expense of the state’s — and the county’s — public school systems.

The Shelby County Commission seems to have gotten the knack of seeing beyond abstract partisanship so as to do some real governing on behalf of their community. It’s an elementary habit of mind but one that seems unhappily lost to the denizens of state and local government.

Categories
Politics Politics Feature

Government on Ice

So the bad weather came. Not as bad as was advertised, frankly, and not as bad as hit many other points in the nation, including parts of Tennessee to the east of us. Still, it was enough to halt, here as elsewhere, the momentum of politics and government for a couple of days.

“Parts of Tennessee to the east of us,” I said. Okay, Nashville, for instance. Tuesday was wiped off the calendar in state government, and at press time there seemed a real possibility that the General Assembly could have a de facto shutdown all week, even should the schedule of events (committee meetings and floor sessions) be formally reinstated.

East Tennessee proper, which supplies a generous share of human fodder for the legislature, was hardest hit by the storm and seemed destined to remain weather-bound. Conditions there were the primary cause of a state of emergency declared Monday evening by the Tennessee Emergency Management Agency (TEMA). But power outages and road closures were abounding in Middle Tennessee counties like Davidson, Hickman, Humphreys, and Williamson, as well.

Some urgent things, of course, had already been put on ice by the General Assembly — the most notable of which was Governor Bill Haslam‘s Insure Tennessee proposal for Medicaid expansion. That happened week before last, with the proposal’s rejection by a 7-4 vote in an ad hoc Senate committee meeting in special session.

Not to mince words, the proposal, which would have poured into state coffers some $1.5 billion annually — much of it destined for Tennessee hospitals struggling with the costs of uncompensated medical care for the uninsured (estimated to number at least 280,000 in the state) — was defeated because it could be linked to the Affordable Care Act, aka “Obamacare.”

Other arguments — that the federal government would eventually welsh on its commitment to fund the lion’s share of long-term funding or that Tennessee would be stuck in a “Hotel California” commitment it could never check out of — were demolished over and over by the governor or the attorney general or legislative supporters (including Democrats and Republicans), but they kept resurfacing — as a smoke-screen, backers of Insure Tennessee maintained.

Parenthesis: Late in that first week, state Representative Steve McManus (R-Cordova) expressed disappointment that many press reports up Nashville way had wrongly credited a fellow Shelby Countian, state Senator Brian Kelsey (R-Germantown) with authoring the “Hotel California” trope. McManus is correct. As the Flyer reported on its website on January 9th, McManus, a sometime thespian, was indeed the originator of that metaphor.

Kelsey had merely borrowed the phrase — along with predictions of a special-session “bloodletting” by state Representative Curry Todd (R-Collierville) — for his own numerous attacks on the governor’s Medicaid proposal. The senator from Germantown can lay claim to one original argument of his own, however — that, as he said during the fateful hearing by the ad hoc Senate Health and Welfare Committee, Insure Tennessee amounted to nothing more than a “bailout” for the state’s foolishly miscalculating hospitals.

Democrats in the House and Senate, more a remnant than a real force, have introduced legislation to renew consideration of Insure Tennessee in the regular session, now begun, but there seems little hope of that coming to pass. In his post-mortem with the press after the failure of the special session, Haslam said that he’d like to try again, but hinted it might not be possible until the election of a new president.

That same theme was noted directly last week by House Speaker Beth Harwell (R-Nashville), who declined to support Insure Tennessee in the special session and was quoted by The Commercial Appeal‘s Rick Locker as saying, “It might be that two years from now, we wake up with a Republican president, look at going after it again and coming back with a block grant. … Do I think we want to spend a lot of time during the regular session? Nah, I don’t think that.”

People wonder what presidents’ legacies will be. Barack Obama‘s might be that he was the first president who saw every proposal even remotely connected with him — good, bad, or indifferent — relentlessly stonewalled by his political opposition, not only at the congressional level but at the level of state government, as well.

So we wait two years. Right. That’s roughly $3 billion worth of waiting, and God only knows how many of the 280,000 uninsured Tennesseans could have health emergencies in the meantime.

Obama-bashing may work for GOP members in the legislature, but not for those Republicans with responsibility for actual governing in the affected localities of Tennessee. In two overwhelming votes, one in advance of the special legislative session, another afterward, the Shelby County Commission has endorsed Republican member Terry Roland‘s resolution calling for passage of Insure Tennessee.

Concern for imminent strain on the medical and financial resources of Region One Health (aka The Med) was cited by members of both parties. Shelby County Mayor Mark Luttrell has been outspoken in his disappointment, forecasting in a series of appearances lately that the defeat of Insure Tennessee could lead to a 10 percent county property tax increase. On last week’s Behind the Headlines broadcast on WKNO-TV, Luttrell bit down hard on that bullet:

“The opposition framed it as being an extension of the president. Those Republicans that dared to kind of step out and support it in the General Assembly were vilified.”

It should be noted that not every measure introduced in the current legislative session has met with a cold shoulder. Nah. As one example, a bill (HB677/SB0783) introduced by state Representative James Van Huss (R-Jonesborough) and state Senator Mae Beavers (R-Mt. Juliet), seems on its way to being fast-tracked. This bill would establish the Barrett Model 82A1 50-caliber semi-automatic rifle, manufactured in Murfreesboro, as Tennessee’s “official state firearm.” First things first.

• Another political situation which may have experienced a brief freeze since last week was the rush of candidate declarations for various city offices.

The announcement last Monday by commission chairman Justin Ford that he would seek the office of Memphis mayor further filled out a candidate roster that is ultimately expected to include a generous number of candidates besides those already declared, who include Councilman Jim Strickland, former county commission chairman James Harvey, former University of Memphis basketballer Detric Golden, and, of course, incumbent Mayor A C Wharton.

Councilman Harold Collins is considered a good bet to enter the mayoral field, and another likely possibility is Memphis Police Association director Mike Williams. Expect others before the Election Commission allows petitions to be formally pulled on April 17th. The election itself won’t happen until October 29th.

Other relevant dates: Filing deadline, July 17th. Withdrawal deadline, July 24th. Start of early voting, October 14th. Voter registration deadline, October 5th.

One of those still mulling over a city race and inclined, she says, to give the matter a good bit of time before deciding, is Kemba Ford, the daughter of former state Senator John Ford and an increasing presence in local civil and political affairs. Ford, who has run previous races for the city council and the state legislature, may be a candidate for the council’s District 7 position, but she’s involved at the moment with cousin Joe Ford Jr., a resident of Los Angeles, in an archival multimedia research project on Memphis politics during the civil rights era, focusing on the Ford family’s involvement.

Kemba Ford herself was a longtime resident of L.A., where she pursued an acting career until her father’s arrest, conviction, and imprisonment as a result of the FBI’s Tennessee Waltz sting brought her back to Memphis to provide him with moral support. (Former Senator Ford, long since released, accompanied his daughter to the Tennessee Equality Project’s fund-raising Gumbo Contest at Bridges downtown weekend before last.)

The District 7 position was formerly occupied by Lee Harris, who vacated it after his election year to the state Senate, where he is now that body’s Democratic leader. The seat is currently held on an interim basis by Berlin Boyd, sure to be a candidate in October.

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Politics Politics Feature

Can “Insure Tennessee” Rise Again?

NASHVILLE — By means of what many supporters of Medicaid expansion in Tennessee see as a stacked deck, an ad hoc state Senate Health and Welfare Committee last week aborted Governor Bill Haslam‘s special session and seemingly killed his Insure Tennessee proposal last week with a 7-4 vote against it on Wednesday — not quite two days after the special session had kicked off with an optimistic address by Haslam.

That vote, from a committee whose normal membership had been altered by Lieutenant Governor Ron Ramsey, the Senate speaker, effectively halted what would have been a gauntlet run for the proposal through a series of other committees, and prevented the proposal — which was couched in the form of a joint resolution — from reaching the floor of either the House or the Senate for a floor vote.

In the immediate aftermath of the committee vote, supporters of Insure Tennessee pointed out that the regular nine-member Senate Health Committee, which will reconstitute for the regular session that began this week, contains five members presumed to have been for the Insure Tennessee proposal, including the Senate sponsor, Doug Overbey (R-Maryville).

Ramsey’s ad hoc version — reshuffled, according to the Senate speaker, so as to insure that all 33 members of the Senate were evenly apportioned on the three committees that could potentially hear the bill — contained from the start a preponderance of skeptics regarding Haslam’s proposed plan. 

That hurt the proposal’s prospects, and so did the reluctance to endorse the bill of key Republican leaders — Ramsey and Majority Leader Mark Norris (R-Collierville) in the Senate and Speaker Beth Harwell (R-Nashville) in the House.

Much of the resistance to the Haslam proposal was clearly based on the opponents’ ideological hostility to the Affordable Care Act, the health-care system designed by the Obama administration to expand insurance coverage — in partnership, essentially, with private insurors. A component of the act has been the provision of billions of dollars in annual grants to participating states to expand their Medicaid programs. In Tennessee, as Haslam and others pointed out, that would have meant outlays of $1.4 billion annually to TennCare, the state’s version of Medicaid.

Although there were numerous Republicans prepared to vote for the bill, particularly in the House, GOP ideologues denounced the measure as “Obamacare,” despite numerous nods to marketplace methods in the Haslam version and kept on repeating discredited assertions (e.g., that the federal government would ultimately default on funding, sticking Tennessee with the bill, or that the state would not be able to extricate itself from Insure Tennessee, even though Haslam devised it as a two-year pilot program with an automatic fail-safe cut-off mechanism should assumptions prove incorrect or circumstances turn even slightly adverse).

Opponents were aided by a show of force in the hearing rooms by red-shirted representatives of “Americans for Prosperity,” a shell organization funded by the billionaire Koch brothers, who also paid for ads accusing Republican supporters of Insure Tennessee-like state Representative Jimmy Eldridge (R-Jackson) — of having “betrayed” Tennessee.

Predictably, there was a firestorm of criticism in the aftermath of the bill’s rejection, from legislative Democrats and from some Republicans as well, from representatives of Chambers of Commerce and from the Tennessee Hospital Association, whose member institutions had guaranteed to pay whatever future expenses for Insure Tennessee that the federal funding did not directly cover.

The Shelby County Commission, which had voted 12-0 to encourage legislative support for Insure Tennessee three weeks ago, reacted to the proposal’s defeat with a 10-1-1 vote for a fresh resolution on Monday, sponsored by conservative Republican Terry Roland of Millington, urging that the Haslam proposal be reconsidered in the regular session now begun. The desperate financial needs of The Med (now known as Regional One Health) and the predicament of Tennessee’s uninsured population were cited by another GOP conservative, Mark Billingsley of Germantown.

Weighing in at some length also was Republican County Mayor Mark Luttrell, who said, among other things, “I think our citizens in Shelby County deserve more. There should have been a full hearing before the Tennessee General Assembly.”

And, amid calls in the General Assembly itself for renewed consideration of Insure Tennessee, Governor Haslam, whose initial statements following rejection of his proposal were fatalistic, included some determined, even upbeat-sounding statements in his “State of the State” address to a joint session Monday night.

From the governor’s speech: “Last week, the decision was made not to move forward with Insure Tennessee. However, that does not mean the issues around health care go away. Too many Tennesseans are still not getting health coverage they need in the right way, in the right place, at the right time. An emergency room is not the place where so many Tennesseans should be going for health-care services. It’s not the best health care for them, and it’s costing us a lot more in the long run.

“Health-care costs are still eating up too much of our state’s budget and impacting the federal deficit and nation’s debt. According to the Congressional Budget Office, if we maintained health-care costs at their current levels, which we know are inflated, for the next eight years — just kept them flat — we’d eliminate the nation’s deficit. To do that, we can’t keep doing what we have been doing.

“So, though the special session has ended, I hope we can find a way to work together to address those problems.”

• The Memphis mayoral race, just as many expected, and just as some — existing candidates included — were hoping, is filling up. The latest to declare a candidacy is Shelby County Commission Chairman Justin Ford, who had promised the media he would reveal his decision to them on February 9th. And, came Monday, February 9th, Ford did just that.

In a conversation with reporters during breaks in Monday’s commission meeting at the County Building, Ford said he’d been thinking about a mayoral race for four or five years (or about the time he was first elected to the commission in 2010), and, after paying brief homage to the Ford family’s commitment to public service, made special note that his father, former councilman, commissioner, and interim county mayor Joe Ford, was able to raise “half a million dollars” in a race against then Mayor Willie Herenton in 1999. “It won’t be [any] different this time,” avowed Ford, who said he would run on issues of economic development, health care, education, and public safety.

Asked about the fact that the mayoral field was fast multiplying, Ford said, “The more the merrier. When you look at any type of race, especially in this democracy, in the city of Memphis, we’re accustomed to change. The more people in the race the better. They bring different perspectives [for] the opportunity for people to make the decision whether or not they want some change.”

Victory, he said, could come to “whoever has a resounding message, goes door to door, and also raises the right amount of money.”

Ford said he was aware that both Mayor A C Wharton and Councilman Jim Strickland, a declared mayoral candidate, had already raised prodigious amounts of money. “I’ve seen their financial disclosures,” he said.

As an incumbent, Wharton had a head start, Ford acknowledged. “Incumbents are hard to beat, so at the end of the day, if you don’t have a focus and have a real plan, you might not be successful.” But, he noted, “We’re a long, long way from the finish line.” And a few months, for that matter, before petitions for the October election become available in April.

Other candidates already declared are Wharton, Strickland, former Commissioner James Harvey, and former U of M athlete Detric Golden. Considered likely to enter the race are Councilman Harold Collins, New Olivet Baptist Church Pastor and former School Board member Kenneth Whalum Jr., and Memphis Police Association President Mike Williams.

• An effort last Wednesday by county Commissioner Steve Basar to hold a review of the joint city/county EDGE (Economic Development and Growth Engine) board — billed as an “update” on the published Commission agenda for Basar’s economic development committee — was forestalled, with several members insisting on the presence of EDGE board members before having such a discussion. Basar agreed to defer the discussion until the presence of board members, who had not been invited to last week’s commission session, could be arranged, likely in March.

Categories
Letter From The Editor Opinion

The Republican Rift

Anyone who’s been paying attention knows that Lieutenant Governor Ron Ramsey’s hand-picked Senate committee voted not to allow Governor Bill Haslam’s innovative Insure Tennessee proposal out of committee. Seven Republican legislators — including local lightweight champion Senator Brian Kelsey — each of whom gets per diems, paid travel expenses, and government health care for their part-time jobs — voted to keep sending Tennessee tax dollars to other states and to keep 280,000 Tennesseans from being able to purchase affordable health care.

Those seven people voted to turn down funds that would have helped keep county hospitals open all across the state. They voted to make people have to travel farther for care. They voted to make the rest of us pay for uninsured Tennesseans’ medical care. They voted to force more people to face medical-related bankruptcy. They voted to let thousands suffer and die from lack of medical care.

Why? Because most GOP legislators in Tennessee are owned by Americans for Prosperity (AFP), the Koch brothers’ group that is fighting the Affordable Care Act all over the country. If a Republican dares to not sign the AFP pledge to fight “Obamacare,” AFP runs ads in their communities linking them to President Obama. Oooh.

The legislators’ decision is another indication of the growing rift in the GOP between the socially conservative, “shrink government,” pro-gun ideologues and the business-friendly, common-sense-governing faction. The former group boasts our two local AFP toadies, Senators Mark Norris and Kelsey. The latter group includes Haslam, Shelby County Mayor Mark Luttrell, GOP members of the Shelby County Commission, and many others around the state.

Someone’s going to have to lead the fight for common sense in the GOP. Haslam is the obvious choice, but there’s not a lot of fire there. I never thought I’d write these words, but we need more Republicans like Commissioner Terry Roland, who isn’t intimidated by out-of-state interests and who gets that foolishly turning down federal money that’s already ours is going to mean a tax increase in Shelby County.

We need somebody like Montana Republican state Representative Frank Garner, a conservative who was open to hearing how “Obamacare” might or might not work in his state. AFP ran ads with his picture super-imposed over President Obama’s. They called a “town meeting” in Garner’s district to tell his constituents about his nefarious activities. They didn’t invite Garner, but he showed up anyway. From a rawstory.com account of the meeting:

“I promised the people here when I ran that I would listen to you and not out-of-town special interests,” Garner said to wild applause. “If every time they want me to sign a pledge card and I don’t do it, they are going to rent a room and have a meeting, then this is going to get real expensive — because I’m not signing the pledge card.”

Having the courage to do what’s right for your constituents. What a concept.

Categories
Politics Politics Feature

A Truce Prevails on the Shelby County Commission

With the apparent reaching of a compromise on Monday between feuding factions of the Shelby County Commission, a lawsuit may have been resolved and a modus vivendi of sorts achieved, but the ideologically polarized body still has issues.

It took a while, both in the long run (two and a half months since the standoff began, in the immediate wake of the August 7th election) and in the short term (two hours of mind-bending intricacy at Monday’s climactic public meeting), but the commission’s simmering power struggle finally ended — or seemed to — with a win-win solution.

Both of the warring party-line-plus-one factions were claiming victory, in any case — the one composed of six Democrats and one Republican (Steve Basar), and the one containing five Republicans and one Democrat (Justin Ford).

The solution involved a willingness by the D-Plus-Ones to give up their ongoing Chancery Court lawsuit against Chairman Ford (for his seemingly high-handed control of what could be placed on the commission agenda) in return for the R-Plus-Ones’ agreement to drop their appeal of an adverse decision by Chancellor Jim Kyle, coupled with Ford’s acceptance of majority rule in determining agenda items.

Ford and his Republican allies claimed victory because they had fended off what Republicans Heidi Shafer and Terry Roland saw as an effort by the D-Plus-Ones to “overthrow” Ford’s chairmanship. The Democratic coalition — whose ad hoc leaders were newbie Van Turner and the veteran Walter Bailey — claimed victory because they had forced Ford to yield on his arbitrary control of the agenda.

Virtually lost sight of in the two-sided celebration (which followed an exhausting and repetitious squabble settled evidently in an off-to-the-side chat by competing lawyers Turner and Ron Krelstein) was the origin of the dispute, in the chairmanship election held on September 8th by a freshly elected commission with six new members.

Basar, who had been vice chair in 2013-14, had expected to be elected chairman and was shocked when the majority of Republicans opted instead for the candidacy of Roland, then switched to Democrat Ford when the Millington Republican seemed obviously about to fall short.

Ford was ultimately elected on the basis of his own vote and that of the commission’s six Republicans (including the stunned Basar, who would shortly have a change of mind). Bailey, the commission’s senior Democrat, was meanwhile outraged by his second-place finish to Ford, whose long-term chumminess with Republicans and openness to their agenda were no secret.

At the commission’s next meeting, on September 22nd, Bailey and five other Democrats, along with Basar, voted together to block the committee appointments made by Ford. Weeks later, Ford would get his way on the committee matter, but in the meantime, the battle had shifted to the matter of an agenda item that Basar kept proposing and Ford kept rejecting.

That agenda item, which proposed a rules change allowing agenda items to be added on the basis of simple majority votes and not by a two-thirds super-majority, became the basis of a Democratic coalition lawsuit against Ford’s alleged violations of commission rules via his persistent rejections.

Two weeks ago Chancellor Kyle declined to rule outright on the suit, finding instead that the commission had no rules because it had adopted none for the new body and directing commissioners to adopt new rules or to readopt the body’s former rules.

Hence a motion for an amended rules package presented as an add-on by Basar on Monday, igniting another round of the ongoing factional dispute — partly tedious, partly fascinating — and going over all of the same old issues dividing the body.

The amended rules package contained new clauses calling for the majority-rule principle and essentially removing the chairman from any control over agenda items. Deleted from the package, on a finding by County Attorney Marcy Ingram that it conflicted with the county charter, was a clause declaring that the chairman served “at the will and pleasure of the commission.”

When the deal finally came sometime after 6 p.m. on Monday, the two sides had agreed (on a motion by Ford!) to defer the rules matter to the next meeting of the general government committee, to drop their respective legal actions, and to do the trade-off indicated above: Ford can feel secure in his chairmanship, though he has had to sacrifice the power over the agenda that he had previously claimed and employed.

Either both sides won or both sides lost. The question now becomes: Do the two party-line-plus-one coalitions continue to cohere, or do they break apart, a major part of their raison-d’être having dissolved.

• An indicator of whether the coalitions might hold was implicit in another vote taken by the commission on Monday. Two votes, actually, on related ordinances proposed by Roland — to strike language in existing ordinances requiring that contractors with the county observe living wage and prevailing wage standards, respectively.

Roland’s premise is that the existing ordinances are inconsistent with legislation passed by the Republican dominated General Assembly establishing state standards in such matters and prohibiting local requirements that might clash with them. The issue, both in Shelby County and in Nashville, has been a clear divider between Democrats and Republicans.

Since this was the second reading for both Roland ordinances, and since the commission was girding for the later clash on the rules matter, it was tacitly agreed that there would be no extended debate and that any knock-down, drag-out clash between factions would be postponed until the crucial third reading of the ordinances, at the commission’s next full public session.

Both the Roland ordinances got a tentative okay by the margin of 7-6, with Basar voting along with other Republicans and Democrat Ford voting with them as well.

On that evidence of Ford’s continued solidarity with his Republican supporters, coupled with Basar’s reversion to ideological form on a power-neutral issue, it would seem that the GOP may have come out ahead in the power struggle. It remains to be seen how long that state of affairs exists.

• One other matter of both short- and long-term significance was taken by the commission on Monday. This concerned a resolution from GOP member David Reaves putting the commission on record as wanting to see the matter of a court-ordered payment to Shelby County Schools (SCS) resolved as a precondition for any vote to approve a city-sponsored Fairgrounds Tourist Development Zone (TDZ) proposal by city housing and community development director Robert Lipscomb.

The TDZ proposal, outlined by Lipscomb to the commission during its committee sessions last week, had been favorably received in general. The commission’s approval of the proposal is not required but would clearly assist the TDZ’s chances in being okayed by the Tennessee Building Commission, where the submitted proposal has lingered for at least a year.

The matter of the city’s debt to SCS — inherited from a 2008 default of $57 million owed to the former Memphis City Schools system — has periodically accounted for controversy between the city of Memphis and Shelby County governments, inasmuch as the county is now responsible for all public-school funding including the delinquent maintenance-of-effort amount incurred by the city.

Reaves’ resolution passed 8-4, with four Democrats — Bailey, Turner, Reginald Milton, and Eddie Jones — dissenting and another Democrat, Willie Brooks, abstaining.

• A former Memphis media personality had a role in a controversy that flared up last week regarding the possibility that Minneapolis Mayor Betsy Hodges may have flashed a gang sign while posing for a news photo with a volunteer in a get-out-the-vote campaign during the week before the November 4th election.

The picture shows Hodges and the volunteer, who has something of a criminal record, pointing at each other, as a sign of solidarity on the GOTV effort. An official of the Minneapolis police union, noting that both Hodges and the volunteer had raised thumbs while pointing, charged that they had thereby exchanged a known gang greeting.

The charge has been the source of much derision in the national media, a good deal of which was directed at KSTP-TV, an ABC affiliate that first aired it. Bill Lunn, a former longtime anchor with Memphis’ Channel 24, was a co-anchor of the KSTP broadcast.

In an exchange of texts, Lunn told the Flyer that Hodges may have “unknowingly” flashed the gang sign while reciprocating the volunteer’s gesture but, without elaborating further, said the station had done a good deal of “vetting” before airing the original segment.