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What’s Next as Tennessee Restarts Its Economy?

As the song made famous by the late Doris Day has it, “Que sera, sera/Whatever will be, will be/ the future’s not ours to see/Que sera, sera … ”

Indeed, but the residents of Memphis and Shelby County, like those elsewhere in the inhabited world, can’t be blamed for wondering: Just what does come next?

So far, there have been no armed protests locally, like those that took place in the Michigan state capitol last week. And no reason to, inasmuch as the officialdom of Memphis, Shelby County, and the county’s other six municipalities have all concurred on a business-reopening plan to begin this week.

But there remains a distinct possibility that medical circumstances could impose a hitch on those plans. After all, it is known that the reopening plan was originally scheduled to be announced by the powers-that-be on Monday of last week but was delayed until Wednesday by a reported spike in the number of coronavirus cases.

Still, here we are, with a timetable for reopening, after tiresome weeks of isolation and social distancing and shuttered establishments of virtually all kinds, public and private. Local officials made every effort to accentuate the positive, but there was inevitably a tight-lipped ring to their statements, a left-handedness to their public optimism. The opening paragraph of the reopening announcement, undersigned by mayors and health officials, for example, went this way:

“After careful study of the data, and on the advice of our medical experts including the Shelby County Health Department, the mayors of Memphis, Shelby County, and the six surrounding municipalities have determined that May 4, 2020, is the date that we can begin phase one of our Back to Business framework.”
Brandon Dill

Mayor Jim Strickland

That first salvo of official broadsides had Memphis Mayor Jim Strickland proclaiming this: “Along with our doctors, we believe it’s time to slowly start opening our economy back up and get Memphians working again.”  

Not exactly bursting with confidence. And Strickland sounded even less certain when asked to elaborate in interviews. Here he was, speaking to WMC-TV, Action News 5 last Thursday: “We feel comfortable that over the last month, for the most part, the new cases and hospitalizations have remained fairly static.” [Italics ours.] With all due respect, the effect of those two qualifying phrases — “for the most part” and “fairly static” — is daunting.

The fact is, the way forward is strewn, not with palms or garlands, but with thorns and pitfalls. April was, if not the “cruelest month” of poetic legend, unkind enough. At the beginning of the month, some two weeks into his March 23rd stay-at-home order, Strickland took stock of the city’s financial outlook and found, as he put it, anything but a “pretty picture.” With the budget yet to be calculated, the mayor foresaw revenue losses of some $80 million in the coming fiscal year. As the month wore on, his estimate rose to at least $100 million — fully a seventh of what would be a maintenance budget of $700 million.

Strickland said sales taxes, which represent about 23 percent of the operating revenues for the city’s general fund, were estimated to decline by 25 percent, with a worsening of a situation that had already seen “significant reduction in the services we provide to thousands of citizens and layoffs of hundreds of city employees.”

In the course of the month, the city received assurances of $113 million from the federal government, but it could not be used as bailout money. The strings were that every penny would have to go for COVID-related expenses. Ditto with the $50 million of CARES Act money expected by Shelby County government. The city holds a reserve fund of some $78 million but needs to hold on to most of that as a last resource in case the disaster takes even more unpredictable turns.

Conflict in County Government
Shelby County’s budget situation is uncertain as well, and like much else in county government, is subject to a kind of internally raging civil conflict. The discords of the moment, under Mayor Lee Harris, are hardly as pronounced as were those of the administration of previous Mayor Mark Luttrell, who, during his second term (2014-2018) found himself almost totally estranged from the Shelby County Commission. 
Justin Fox Burks

Mayor Lee Harris

Although Luttrell was a Republican and the commission had a Democratic majority, their differences were not partisan. Indeed, Luttrell faced his severest tests under two Republican chairs, Terry Roland and Heidi Shafer. Democrats still dominate the commission, but party loyalties, now as then, provide no cushion for Harris, himself a Democrat. His difficulties, like those of Luttrell, stem from disagreements over budgetary matters.

Luttrell’s alienation from his legislative body began when he evinced a determination to play fiduciary matters close to the vest, withholding information in 2015 about a looming budget surplus that commission members, once they tumbled onto its existence, decided they had plans of their own for. From that point to the end of Luttrell’s tenure, a power struggle persisted. When Harris took office in 2018, he took pains to express solidarity with the commission that had been elected that year, but discovered that maintaining an effective liaison with commissioners required a more systematic and continual effort than he had realized.

When he proposed his first budget in early 2019, he told commission members he wanted passage that very evening. He didn’t get it, of course. The budget didn’t get finalized until weeks later, after the usual give-and-take of negotiations. But in essence, he hazarded something similar this year, announcing last month, in the first blush of the coronavirus crisis, that he’d worked out a series of emergency reductions, across the board of county agencies, totaling $10 million, that would allow the county, by the nearest of near things, to escape bankruptcy.

Several department directors disputed his cuts, and the commission members couldn’t agree on them, and the bottom line was that nothing got done, not even a $2.5 million appropriation that was to have been the county’s contribution toward the costs of PPEs and other local COVID expenses.

Second thoughts on the commission’s part got that latter omission rectified two weeks later, and by then Harris had retooled his own plans, announcing a “lean and balanced” austerity budget of $1.4 billion that now required $13.6 million in cuts as well as a loan of $6 million  from the county’s fund balance, leaving that reserve fund at the “go-no-lower” level of $85 million. There were a few fillips, too, in the way of pre-K expenditures, money for the sheriff’s deputies who’ll have to be hired to police newly de-annexed areas of Memphis, and a few million dollars extra for the schools.

The gremlin in the mix was the ever-unpopular idea of upping the county’s wheel tax, to the tune of an additional $16.50 to be added to the base automobile license fee of $50. No other place to go, said Harris, inasmuch as local property and sales taxes had already topped out.

Between that meeting and this Monday’s, the commission held committee meetings last Wednesday in which disagreement over budget possibilities flared into open name-calling between Commissioner Edmund Ford Jr. and Harris.

Serving as vice chair to budget chair Eddie Jones, the two of them opened up a tear in Harris’ plans, which Ford called “garbage,” floating a plan to ignore the mayor’s “lean”model budget and replace it with a thinly reconditioned version of the old 2020 budget, coming in at $1.3 billion.

“I used to think I was halfway decent at math, but it’s obvious that I can’t add,” CFO Mathilde Crosby said. Harris accused Ford of having been a “bloodletter” when they both served on the Memphis City Council, and Ford reciprocated that Harris was “presumptuous and arrogant and ignorant.”

Perhaps wisely, Harris kept his distance from Monday’s commission meeting, at which the Ford-Jones idea of rehabbing last year’s budget was happily forgotten and the mayor’s own “lean” budget was equally ignored. With all hopes of agreement dissolving, Commission Chair Mark Billingsley seized upon the expedient of a budget retreat to be held on Friday in FedEx quarters at Shelby Farms, with only the commissioners, the mayor, CAO Dwan Gillom, and CFO Crosby there to reason together at six-foot distances and find both the humane initiatives favored by Commissioner Tami Sawyer and the “shorter shoestring” demanded by conservative Republican Commissioner Brandon Morrison.

Jackson Baker

Matters of State
Governor Bill Lee’s own “shelter-in-place” resolve was hardly long-lasting, and it was none too stout to begin with, although an online survey of Tennesseans, conducted by a condominium of northeastern universities found that Lee’s now-you-see-them, now-you-don’t actions have been welcomed by some 64 percent of Tennesseans, while only 13 percent disapproved.

In Nashville, this year’s session of the General Assembly was abandoned when the dimensions of the pandemic and its reach into Tennessee became clear. It was at a time, for better or for worse, of much unfinished business. Left pending were such matters as the funding (and timing) of private-school vouchers, the designation of the Bible as the state book, a carry-over anti-abortion bill, and open-carry gun legislation.

As reported by Erik Schelzig, the diligent and ever-accurate editor of the Tennessee Journal newsletter, “Senate leadership has made it clear its preference is to focus only on downward adjustments to the budget required by the economic impact of the coronavirus. But a vocal faction in the House wants to instead throw open the doors to the legislation left hanging when lawmakers left town in March.”

A not unimportant matter is the question of whether state legislators, if indeed they resume deliberations by the planned date of June 1st, would authorize “no-excuse” absentee voting. Early voting for the August 6th election round is scheduled for July 17th, mere weeks later. As of now, a firm cut-off date of May 8th still applies to absentee applications. As Schelzig notes, “There’s been little sign so far state Republicans are becoming more receptive to liberalizing rules on voting by mail. And they have ample political cover from President Donald Trump, who has been a vocal critic of allowing more absentee voting. If it remains just Democrats advocating for sweeping changes to Tennessee’s current vote-by- mail laws, the issue will likely be dead on arrival.”

Locally the ballot will contain a mini-Shelby County general election and, as elsewhere in Tennessee, a primary for state and federal offices. The much-beleaguered county commission, on which Democrats have an 8-to-5 partisan edge, has formally resolved both to seek an extension of the absentee ballot and to urge the county’s Election Commission to purchase new equipment enabling hand-marked paper ballots. Indeed, the commission has conflated the two matters into a single resolution, which has passed twice now with the minimum seven votes required.

Under the more limited approach, a small number of committees would meet the last week of May before gaveling into session June 1st for as little as a week. Under the situation-normal approach, the session could last as long as three weeks — or even butt up against the end of the budget year on June 30th.

Jackson Baker

The Pending August 6th Election
Leaving aside the seemingly remote chance that a re-summoned legislature would facilitate an expansion of absentee voting, the chance that Governor Lee would support such an undertaking is equally unlikely. As indicated, the issue has no place in the playbook of the state’s Republican super-majority.

What is more to the point of reality is the issue of new voting machines for Shelby County, which county election administrator Linda Phillips has expressed hopes of putting to use in time for the forthcoming August election.

As indicated, early voting for that election is scheduled to begin on July 17th, a fact that presents a drastically foreshortened timetable for resolving a matter that has been seriously contested, in one way or another, for years, and confounded local elections for a decade or more.

No one needs to be reminded of the numerous electronic glitches that have led activists to join forces to campaign for a particular kind of machinery, which, perhaps ironically, constitutes a throwback to a less technological time. Among these activists are Shelby County Election Commissioner Bennie Smith, an acknowledged expert in the field of voting machinery; law professor and former Shelby County Commissioner Steve Mulroy; White Station High School government teacher Erika Sugarmon; and Mike Kernell and Carol Chumney, both former state representatives and veterans, respectively, of the Shelby County School Board and the Memphis City Council.

All of the foregoing are advocates of hand-marked paper ballots and argue that given Shelby County’s own checkered and error-prone voting history, and in acknowledgement also of the hacks and rumors of hacks that have plagued national elections, a resort to hand-marked ballots verified by scanning machines would be both safer and less costly. And, in a time of potential viral infections of metal surfaces, they would also be safer than the kind of ballot-marking devices that Phillips and the GOP members of the Election Commission have expressed a preference for.

So far the battle over voting devices has been a back-and-forth affair, and the forced reversion to electronic webinar meetings of the Election Commission occasioned by the coronavirus outbreak has complicated things further. A definitive choice of machine vendors by Phillips and a subsequent vote on her recommendation by the Election Commission members were both aborted by an electronic snag that kept member Brent Taylor, a Republican but a potential swing voter, from participating in a virtual executive session of the EC last week.

The Election Commission is slated to have another go this week, and so, for that matter, is the Shelby County Commission, which, unlike the EC, is dominated by Democrats and has repeatedly voted its preference — twice recently — for hand-marked ballots. Given the fact that the county commission controls the purse strings, the stage is set for a possible showdown between the two bodies over the voting-machine matter.

Meanwhile, the major pressure on all public bodies is the determination on so many people’s part and in so many jurisdictions everywhere to resume public activities — in advance of the reasonably arrived-at phases announced by President Trump requiring 14 straight days of declining coronavirus cases, advances in testing and contact tracing, and much else — parameters that have been roundly ignored everywhere — and not least in the White House itself.

In a recent discussion on CNN with Wolf Blitzer, various experts were heard to theorize that a second, more virulent phase of the pandemic would be coming in the fall and that, sans some unforeseen good fortune to concocting a vaccine, the plague would be with us for at least two more years.

That, said one of the authorities on tap, explained the sudden mania to hit the beaches, the supermarkets, and the national shrines. It was a matter of get-it-while-you-can, the scientist — not a fantasist — theorized. And it is undeniably a goad to our public bodies. Somewhere out there our future beckons — into some rosy and becalmed sunset in which to find our dreams or, if things should take a dystopian turn, there’s Edgar Allan Poe and “The Masque of the Red Death.”

And there is surely something in between.

Categories
News News Blog

Juvenile Judge Declares “Mission Accomplished”

Toby Sells

Memphis and Shelby County Juvenile Court Judge Dan Michael declared “mission accomplished” during his annual state of the court address Friday.

Memphis and Shelby County Juvenile Court Judge Dan Michael declared “mission accomplished” during his annual state of the court address Friday, touting last year’s ending of federal oversight.

The U.S. Department of Justice (DOJ) ended its six-year review of the court in October. The oversight began in 2012, after an investigation found that the court discriminated against African-American children, violated due process laws, and that the detention center was dangerous.

”I thank you, personally, for your all of your outstanding efforts over the past year, and declare mission accomplished,” Michael said at the Shelby County Crime Commission office Friday. “The Department of Justice has placed us in compliance with the memorandum of agreement to the point of its completion and ended federal monitoring of the juvenile court of Memphis and Shelby County.”
[pullquote-2] The move to end that oversight outraged some in Shelby County government. During a press conference in October, Shelby County Commissioner Van Turner said that while the oversight was over, “there were items that remained to be addressed.”

“So, this whole notion that it was a successful closure, I think is somewhat fabricated,” Turner said.
[pullquote-1] Michael said the court is recognized nationally as a model court by the National Council of of Juvenile and Family Court Judges, of which Michael is a board member.

”We’ve earned this not only by exhibiting care and compassion on a daily basis, but we also strive to become better by taking risks,” Michael said. “A model court doesn’t mean we’re a stand-out. It means that we experiment. If something doesn’t work, we move on and find something that does work. That’s what makes us a model court.”

Michael outlined five key components — made in collaboration with DOJ officials — that will carry the court forward.

Two of these were groups that will meet continually to improve the court. The strategic planning committee and the county-wide Juvenile Justice Consortium will have “access to the courthouse and the families we serve,” Michael said. The group will be able to “see our successes and aid us in shaping any shortfalls we may encounter.”

A community outreach program “will allow every citizens to get the answers to their questions about what we do and how we do it.” For this, the court will hold public meetings throughout the county.

Michael said the court will also continue to work with two consultants hired by Shelby County Sheriff Floyd Bonner and Shelby County Mayor Lee Harris to help the court ”maintain best practices” and to “reduce (disproportionate minority contact.”

Michael said he fully supports Mayor Harris’ and the county commission’s project to build a new juvenile court facility.

In a line that seemed to be aimed at court employees, Michael said, “let’s use criticism and unfair judgments about us as step-in stones that ahead of this court.”

Michael ended his address with a quote from industrialist Henry Ford:

“Coming together is a beginning,” Michael said. “Keeping together is progress. Working together is success.”

Categories
Politics Politics Feature

Seeing Double

So, okay, the newly elected version of the Shelby County Commission began the process of reorganizing itself  on Monday, keeping some of the body’s traditions and abandoning others — managing to be somewhat surprising, either way.

The man of the day was Van Turner, who became the new commission chairman. There was no surprise there — except maybe to those who expected one erstwhile custom — that of automatic promotion to the chairmanship of the previously serving vice chair. That would be Willie Brooks, like Turner a second-termer, who was at least expected to serve as acting chairman for the chairmanship vote.

Photographs by Jackson Baker

Van Turner

But when clerk Rosalind Nichols undertook to assist the commission, eight of whose 13 members are brand-new, by explaining the bylaws for the reorganization, she specified that two votes would be held. And when nominations were invited for the first of those, for acting chair, the new commissioner from District 1, Amber Mills, had first dibs and nominated Turner.

Turner, as it happens, had written to each commissioner, expressing his wish to be chairman, and Mills, understandably, may have become confused as to the order of things. In any case, Turner was elected acting chair in a lopsided vote over Brooks and presided over the vote for permanent chair, winning that by acclamation.

Another returning commissioner, Reginald Milton, a Democrat like Turner and Brooks, had aspired to be vice chair and had done some proselytizing to that effect, stressing that it was time to discard the commission’s vintage habit of alternating power positions between Democrats and Republicans. Simultaneously, returning GOP Commissioner Mark Billingsley had dispatched a letter to his fellow commissioners making the contrary case.

When it came time to vote, not only did the four new GOP members vote his way, so did most of the Democrats. Final vote: 9-3 for Billingsley.

There was more to the votes for chair and vice chair than honorifics. Turner had managed to establish what had long been forecast to be his ultimate preeminence on the commission, and Billingsley had maintained at least the semblance of bipartisan sharing, as well as his own viability.

Ed Ford

There was one more decisive act on Monday, and, appropriately, it came from Turner, who announced to all and sundry that he would be appointing a task force to maintain liaison with the Memphis City Council and would construct it around the person of newly elected Commissioner Edmund Ford Jr., who, after his election to the commission on August 2nd, continues to serve on the City Council, along with two other Council members — Bill Morrison and Janis Fullilove — who were also elected to county positions and remain on the council.

By keeping up their council identity, which by statute they can do until 90 days after their election to new office — November 2nd, in this case — the three departing council members will negate the organized efforts of various activists to call for a special election in November to replace them, thereby allowing their successors to be chosen by the remaining council members in an appointment process for which the current council has become notorious.

At least where Ford is concerned, Turner’s action in effect provides cover for the process. In announcing his task-force plans, the new commission chair touted Ford’s dual service as an opportunity to “utilize the fact that he’s also a city councilman for these waning months” and “allow us to see what’s going on in the city from the county perspective.” Among the issues to be examined in this way by Ford and whoever else ends up on the task force are MATA and health care, two areas of city/county joint concern.

Asked about this de facto seal of approval (which, to be fair, could also be seen as a simple acknowledgement of reality), Commissioner/Councilman Ford denied outright that there was any “controversy” involved in his continuing to serve in two different elected bodies.

“The people in my district don’t care,” the commissioner from District 9 insisted, speaking of a forthcoming “meeting” that evening involving the constituents of Council District 6.

• Several members of the commission, along with other local elected officials, took part on Saturday in the annual Orange Mound Parade through that centrally located African-American Memphis neighborhood. Among those taking part was Phil Bredesen, the former two-term Tennessee governor, now running for the U.S. Senate as the Democratic nominee. Bredesen’s Memphis schedule on Saturday also included a luncheon appearance in Germantown with the “Women United for Bredesen” group and a planned participation in the Southern Heritage Classic Tailgate, which ran into bad weather.

All the events served as a sort of run-up to another Bredesen appearance this Thursday night. Currently billed as a “‘Memphis Matters’ Ideas Forum” at Rhodes College, it is what remains of what was originally intended by the sponsors (including Rhodes, WMC-TV, and the USA Today newspaper chain) to be one of four statewide televised debates between Bredesen and the Republican Senate candidate, 7th District U.S. Representative Marsha Blackburn.

For whatever reason, Blackburn demurred at the idea of a debate at Rhodes, and the Bredesen campaign has been making the most of that decision, sending out press release after release accusing the GOP candidate of ducking a joint encounter in Memphis and playing up the newly configured Ideas Forum as a vehicle for their candidate to hold up his end on the matter.

At press time, Blackburn could not be reached on the matter of the aborted Memphis debate. Although two subsequent debates have since been arranged between the Senate candidates for Nashville and Knoxville, the only exchanges between the two candidates thus far have occurred via TV ads.

Blackburn currently has two attack ads running, one featuring President Trump endorsing her and bad-mouthing Bredesen and another accusing the former governor of favoring additional taxes and of gussying up the governor’s mansion at taxpayer expense. Both claims are somewhat off the mark. As Bredesen maintained in a response ad, he did not raise taxes, and, while the governor’s mansion was renovated during his tenure, he and his wife did not live there, remaining instead in their Nashville residence.

While most of his TV commercials to date have featured Bredesen sounding soft-spoken and willing to work across the partisan aisle, at least one ad on his behalf has appeared of late accusing Blackburn of excessive travel and other high-living habits on the taxpayers’ dime.