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Politics Politics Feature

Down to the Wire

As the August 4th countywide election cycle winds down, the marquee race is still, as before, that for district attorney general between Republican incumbent Amy Weirich and Democratic challenger Steve Mulroy. The race remains the focus of attention in local politics. It has also engendered significant statewide and national attention.

A quiet moment in a turbulent campaign (Photo: Jackson Baker)

The Tennessee Journal, a weekly which is the preeminent statewide source for political news across Tennessee, featured the race in its lead story for the July 15th issue. Editor Erik Schelzig recaps some of the significant charges and other back-and-forths of the contest, highlighting the two candidates’ major differences regarding the state’s new “truth-in-sentencing” law, which eliminates parole in several major violent-crime categories.

Weirich, who boasts her years-long efforts on behalf of passing the law, points with pride. Mulroy sees it as a case of vastly increasing state incarceration expenses while blunting possible rehabilitation efforts.

In the several recent debates between the two candidates, the challenger notes that his skepticism puts him on the same page regarding “truth-in-sentencing” as opponents like the American Conservative Union and GOP Governor Bill Lee, who declined to sign the bill, letting it become law without his signature. Weirich seizes upon Mulroy’s mentions of that fact as an opportunity to advertise her purported independent-mindedness, noting that she also disagrees with Lee (and the Republican supermajority) on such issues as open-carry gun legislation. “I don’t care what the American Conservative Union says,” she adds.

All that being said (and it’s consistent with her would-be crossover slogan, “Our DA”), the race as a whole is between Weirich’s right-of-center hard line and Mulroy’s highly reform-conscious point of view. Mulroy wants cash-bail reform and systematic post-conviction reviews, the latter including DNA testing. Weirich is open to modifications in those areas but not to major changes.

The two have battled over the matter of alleged racial disparity issues in the DA’s office, with Mulroy charging, among other things, that Weirich has an 85-percent white staff of attorneys prosecuting a defendant population that is 95 percent Black. Weirich says she’s trying to alter the ratio but cites the difficulty of competing with better-paying private law firms in efforts to acquire African-American legal talent.

Both contenders have seemingly forsworn the Marquis of Queensberry rules regarding the etiquette of competition. With no real evidence to base her claim on, Weirich’s ads consistently try to saddle Mulroy with the onus of being a “Defund the Police” enthusiast. He answers that he would like to see more police hired, and at higher salaries, and given “better training.” His ads portray Weirich as being a Trumpian (a stretch) and the “worst” district attorney in Tennessee, one saddled with several citations for misconduct from state overseeing bodies and with an ever-rising violent-crime rate during her 11-year tenure that is the worst in the nation.

The two candidates took turns in verbally pummeling each other in a series of almost daily formal debates the week before last. The venues were the Rotary Club of Memphis, the Memphis Kiwanis Club, and an Orange Mound citizens’ association. Neither gave any quarter, each attacking the other along lines indicated above.

Much of the aforementioned Tennessee Journal article is dedicated to the two candidates’ fundraising and campaign spending. In the second quarterly disclosure of the year (April through June), Weirich reported raising $130,400 and spending $240,400 — much of it on the Memphis consulting firm of Sutton Reid, where her blistering TV and radio ads are prepared. She began the quarter with nearly half a million dollars on hand and ended it with $361,00 remaining.

Mulroy raised $279,000 in the period, a sum which included a loan from him to his own campaign of $15,000. He spent $194,000 and had a remainder on hand of $159,000.

As noted by the Journal, Weirich has gotten almost all her funding from within Tennessee, all but $1,600. Mulroy, who has the avowed support of such celebrities as singer John Legend and author John Grisham, is also boosted by several national groups with a professed interest in criminal-justice reform. Some 35 percent of his funding has come from out of state.

One key venue for Mulroy is New York, where he has traveled twice recently, attending public occasions in tandem with such supporters as criminologist Barry Scheck, mega-lawyer Ben Crump, and entertainer Charlamagne Tha God. Mulroy’s travels and his funding sources are reportedly the target of a new Weirich TV spot which begins this week. It should be noted that the vast majority of Mulroy’s trips out of town during the campaign — all unpublicized until now — have been to Pensacola, where he drives down regularly to look in on his elderly mother.

With early voting about to expire and a week to go before the judgment day of August 4th, polling information is being held close to the vest by both principals, though Mulroy publicized an early one showing him with a 12-point lead.

A fact that looms large to all observers and to both participants and their parties: The position of district attorney general, is, as of now, the only major countywide position held by a Republican. Early voting statistics gave evidence of serious turnout efforts by both parties.

• There are other key races, to be sure. The race for county mayor, between Democratic incumbent Lee Harris and Republican challenger Worth Morgan has been something of a back-burner affair, with neither candidate turning on the jets full-blast in the manner of the DA race. Harris basically is resting on what he sees as a high productive record, and Morgan, though he challenges that, saying the county “deserves better,” has not featured many specifics beyond Morgan’s ill-based claim that Harris has — wait for it — defunded the police (strictly speaking, the Sheriff’s Department).

A recent TV ad shows Morgan in interview mode, chatting about his life and outlook and looking and sounding likable. Given Harris’ edge in incumbency and party base, that is probably not enough for now, but it does bolster Morgan’s name and image for later on.

In the race for Juvenile Court judge, Dan Michael’s incumbency works for him, while his opponent, city Judge Tarik Sugarmon, has a well-known local name and an active Democratic party base working on his behalf. Michael is heavily backed by the GOP in what is technically a nonpartisan race.

Few surprises are expected elsewhere on the ballot, though Democratic County Clerk Wanda Halbert, who has fumbled the issuance of new automobile plates, may get a scare (or worse) from Republican opponent Jeff Jacobs.

Categories
News News Blog

Forum Opens Public Discussion Regarding Future of Fairgrounds

Taylor Berger (left) and Kyle Veazey (right) opened the forum for discussion from speakers.

  • Alexandra Pusateri
  • Taylor Berger (left) and Kyle Veazey (right) opened the forum for discussion from speakers.

On a chilly Wednesday night, a mishmash of locals concerned about the future state of the old Fairgrounds property gathered in a Midtown theater. At the Circuit Playhouse, local entrepreneur Taylor Berger and his organization Make Memphis hosted a moderated forum of speakers to provide some public input into the potential of the old Fairgrounds and the Mid-South Coliseum redevelopment.

The forum, moderated by politics reporter Kyle Veazey of The Commercial Appeal, mostly focused on the Fairgrounds’ proposed $233 million redevelopment and the idea of turning that area of Midtown into a Tourism Development Zone (TDZ). By designating the three-mile area as such, the city can use the excess sales tax that would come from a revitalized Fairgrounds — and its surrounding areas, including Overton Square and Cooper Young — to pay off the $176 million public revenue bonds, over 30 years, that would be required to fund its redevelopment.

It was mentioned multiple times throughout the night that the city administration had been invited, but there was no appearance from anyone in city government in the audience except Wanda Halbert, the Memphis City councilmember who represents District 4 and the area that includes the Fairgrounds. Shelby County commissioners, on the other hand, were plenty.

In his designated few minutes, Shelby County Commissioner Steve Basar mentioned the interest of the bond that would occur over the time it takes to repay the loan, taking away $55 million away from the city during that time.

“[$233 million] is not the total tax dollars going into the project,” Basar said. “It doesn’t include the interest. So when you’re all done, you’re talking about a $300-million project plus. You’re tying up this revenue stream for 30 years.”

The current plans proposed for the old Fairgrounds would include an amateur sports complex, hotel, and retail space spanning over 400,000 square feet. Getting approval from the State Building Commission is the next step for the city to move forward on the project. 

“I’m here to support whatever it is you want to do,” said Reginald Milton, Shelby County commissioner. “If you don’t want to do this, that’s fine. If you do want to do it, that’s fine. I just don’t want us to be the ones to affect what you want out of this.”

Other county commissioners pledged to keep an eye on the project and listen to citizens speaking about the issue.

Non-elected officials also spoke at the forum, including Shawn Massey, who works with the Shopping Center Group.

“Midtown is under-retailed from a retailer’s perspective,” Massey said. “It’s a great community. It’s got lots of density, but there’s a lot of leakage. There’s a lot of Midtowners going and shopping in other parts of Memphis and not shopping at their home.”

Charles “Chooch” Pickard, an architect who is running for city council this year, asked if other ideas besides youth sports may be more viable for the old Fairgrounds.

“Wouldn’t a tourist destination based on music and sports history be a bigger draw?” Pickard said. “I’d rather we base the TDZ on authentic Memphis history tourism, of which there are still a lot of untapped options.”

Mike McCarthy, a proponent to save the Mid-South Coliseum, gathered over 3,000 signatures to save the building itself from demolition, surpassing the goal his group had set earlier in the month.

Categories
Opinion Viewpoint

Hot Water in Memphis

It was one of those drop-the-microphone, Elvis-has-left-the-building moments that Memphis City Council meetings can sometimes produce: A frustrated councilwoman, Wanda Halbert, verbally blasted stoic Memphis Light Gas & Water President Jerry Collins with an observation that sounded familiar. During a discussion about the city-owned, nonprofit power company’s fees, Halbert said, “Memphis Light Gas & Water belongs to the city of Memphis. It doesn’t belong to Memphis Light Gas & Water. It feels like it does not belong to the City of Memphis. It’s almost like, somehow, you all have evolved into an island of your own!” She then exited the room without waiting for a response. No rebuttal was needed and none came.

Almost the exact description of MLGW’s operational procedures was uttered by our former “forever king,” Memphis Mayor Willie Herenton more than a decade ago. In 2003, Herenton roared, “MLGW is an island unto itself,” in accusing the utility of being wasteful and inaccessible to the needs of customers. Six years earlier, Herenton had tried mightily to convince council members to sell off what is universally acknowledged as the city’s most profitable asset.

Former Flyer columnist John Branston chronicled the story in great detail. Herenton hired a Philadelphia consultant named Rotan Lee, who, for the nice round figure of $150,000, produced a study of the utility’s effectiveness — making a case for privatizing all or parts of the utility, estimated at the time to be worth $800 to $850 million. Lee tried to make the case that community-owned utility companies could no longer be “natural monopolies” in a world where federal deregulation of utilities was becoming the norm. Lee concluded that such utility companies would, in the end, “lose the crucible of good will with their customer base.” In hindsight, Lee’s prediction would appear to rival those of Nostradamus.

Distrust of the utility’s intentions only heightened, when, just after receiving the tongue-lashing from Halbert and other skeptical members of the council, MLGW officials announced they would propose a 2 percent hike in residential water rates to make up for revenue projected to be lost when the Cargill company closes its corn-milling plant on Presidents Island in January 2015. MLGW officials said that Cargill accounted for 5 percent

of the water sold by the utility, leaving a $4 million revenue shortfall to make up. There had been no mention of the rate hike in the council meeting just two days earlier.

To add insult to injury, Cargill is walking away — without any financial penalty — on the four years that remain on a PILOT property tax freeze agreement issued by the city and county in 2010.

What should be even more worrying for MLGW customers is the fact that Roland McElrath is the man behind the plan for the utility’s proposed rate hike. McElrath became the utility company’s controller in 2012 after resigning his post, for the second time, as the city of Memphis finance director. This is the same career numbers-cruncher who, in 2011, assured city council members Memphis could afford to give its city employees Christmas bonuses because of a surplus created by cost-saving measures enacted during the prior fiscal year.

After the council passed a $6.2 million Santa offering, a sheepish McElrath recalculated. Oops. There was actually a $6 million deficit — a shortfall that later ballooned to $17 million — that required the council to dip into dwindling city reserves to cover the overall deficit. This should give all of us, particularly those struggling to pay their bills each month, plenty of reason for pause when it comes to MLGW’s plan to offset lost Cargill revenue.

When most companies lose a valued client, they don’t take it out on the good customers that remain with them. They buckle down and try harder to keep them happy. As MLGW customers, we appreciate the employees’ hard work and dedication whenever power outages hit the city. We appreciate their charity work. We appreciate their moratoriums on bill payments in extreme weather conditions. However, it’s their perceived arrogance and take-it-or-leave-it autonomy that spawns tirades like Halbert’s. Taxpayers pay the hefty salaries of the utility’s management. Aren’t we owed an open accounting of their billing procedures, rather than being suddenly blindsided with a rate hike?

Don’t we all live on the same island?

Les Smith is a reporter for WHBQ Fox-13 News.

Categories
Cover Feature News

Memphis’ Battle Over Employee Benefits

Wanda Halbert was confused.

“This thing is so all over the place,” the Memphis City Councilmember said during a committee meeting last week. There was an exhausted frustration in her voice. 

Courtesy Facebook group “I Have Been Negatively Affected by The City of Memphis Council Vote!!”

“I mean, we’re still talking about budget issues. Normally, we vote on the budget and we move on. We just heard (city Human Resources Director Quintin Robinson) say about a hundred times in two seconds that the council has already approved this, but, at the end of the day, here we are still talking about this. Why are we still talking about this?”

“This” is a slate of cuts made to the health insurance benefits for city employees and some retirees. The council made the changes when they passed the 2015 fiscal year budget back in June. Those changes will hit city employees and retirees right in their paychecks. And to say they were not pleased is something of an understatement. 

Here are the biggest changes: 

Courtesy Facebook group “I Have Been Negatively Affected by The City of Memphis Council Vote!!”

• Current employees and retirees will have to pay 24 percent more for their health insurance every month.

• Some retirees will lose a 70 percent (taxpayer-funded) subsidy to help pay their monthly health insurance costs.

• Employee spouses eligible for health insurance through their employer will be cut from the city plan.

• A surcharge for smokers increased from $50 per month per family to $120 per month per family. 

• A $2 million safety net plan is now in place to help those in dire financial straits.

•  Officials are working to open a no-cost health clinic for employees and retirees. 

The backlash to the changes pushed the cuts back into the spotlight, where they’ve remained now, going on three months. That backlash has included public protests at Memphis City Hall and the Greater Memphis Chamber, and work actions — called Blue Flu and Red Rash — that saw hundreds of police officers and fire fighters call in sick around Independence Day.

Courtesy Facebook group “I Have Been Negatively Affected by The City of Memphis Council Vote!!”

Angry employees (or their spouses) have filled the council chambers every other week. Many have heckled city leaders anonymously from their seats, but some have taken to the public podium microphone to spill venom directly at council members. There’s also been plenty of wrath for Memphis Mayor A C Wharton and his administration in committee meetings, on Facebook, on bumper stickers, and in television interviews.

In addition to rallying, raving, and protesting, the unions that represent city employees and retirees were at work crafting their own health insurance plan. All of the protest noise was enough to keep the door cracked open on the benefits issue with the city council.

Through that crack, the Memphis Fire Fighters Association slipped in a proposed alternative health-care plan, one they hope will supplant the current plan and avoid some of the major cuts to employees. On August 21st, the union formally presented it to the city’s health-care oversight committee.

Here are the major components of the Memphis fire Fighters’ Association plan:

 • A high-deductible plan that shifts much of the cost of insurance from the city to the employee (lower monthly premiums, higher out-of-pocket costs)

• Stops the 24 percent premium increases

• Stops the other cuts to retirees

• Allows spouses to stay on the plan

• Purports to save more than $24 million for the city

Fran Triplett

The fire fighters’ plan got traction with some city council members last week. They agreed to hear all of the details of the plan in a special meeting this week. 

But council members also want to hear some final numbers before they make a decision. Number crunchers from Mercer, the city’s benefits consultant, and Cigna, the city’s insurance payor, disagreed on some major figures last week. A Mercer representative told council members the fire union’s plan would only save about $12 million in 12 months. A Cigna representative said the plan could save around $17 million.

But getting to either of those numbers could be tough. It would mean getting more than half of the city’s employees to voluntarily move to the high-deductible plan, and that’s no small feat when other options are available. 

Either way, the savings are below those provided by the currently budgeted insurance plan, which is about $23 million.

Donna Kirk

But if the experts could clear up these issues and prove that the savings are real, and if council members were so inclined, a new health insurance plan could be up for a vote on the council agenda next week.

“Obviously, we want to do as right as we fiscally can by our employees and the more ideas we have the better,” councilmember Shea Flinn said to reporters last Tuesday. “As of right now, the vote on [June] 17th is what stands. But in politics, there’s always another vote.” 

But for some that’s not enough. Many in Memphis want to know the answer to Halbert’s question: Why? If a vote has been taken on the changes, why is this still an issue? 

George Little, the city’s chief administrative officer and Wharton’s second-in-command, offered this plain-spoken explanation to Halbert:

“The fire fighters made a [health insurance] proposal after the budget process,” Little said. “It’s certainly a proposal that’s worthy of consideration, but since it was not presented in the run-up prior to the budget preparations, there was no way that we could have presented that or have had a discussion on it before the adoption of the budget. Since this has been proposed after the budget adoption and in response to the adoption of the budget, we’re at the table today having these discussions.”  

Tough Times & Tough Choices

Making higher payments to the city’s pension fund was a cornerstone of Wharton’s budget and the council’s budget for the next 12 months. The cuts to the employee benefits this year will save $23 million in the next 12 months, and all of that money is supposed to go toward paying down the gap in the pension fund.   

In fact, Wharton’s cut to benefits was deeper than 24 percent. He brought the council a 57-percent cut in benefits that would have saved even more money. But the figure was slashed nearly in half by council members looking for a compromise that got the budget passed back in June. 

Brian Collins, the city’s finance director in Wharton’s administration, says the cuts were not “the path of least resistance.” Instead, he says, doing them was possibly the “toughest” and “most unpopular way to go.” But he adds that they were necessary. And he’s afraid that the need for such drastic measures has gotten lost in the recent noise down at city hall.

“We all kind of collectively woke up one day and realized the world had changed in very substantial ways,” Collins says. “What we woke up to was nearly $2 billion in collective unfunded liabilities, which is a massive amount of money for any city, but particularly for Memphis. We had to do something.

“And there was nothing less than a dramatic change that was going to make a difference when we were looking at liabilities that large. We had a huge underfunding problem with our pension plan and a huge underfunding problem with our medical plan.”      

The Cuts Hit Home

So, what does the 24 percent premium increase look like on the ground?

City employees will see less in their paychecks. Active single employees will see their health-care rates go up $98 to $124 a month, depending on variables, resulting in new total monthly payments that will range from $506 to $642. Active employees with families will see rates go up $224 to $286 a month, resulting in monthly payments that will range from $1,155 to $1,476. The rates are the same or slightly higher for retirees.

But the cuts hit home in a lot of different ways. For some, it erodes their trust. They now see the city as an employer that broke a promise. For others, it disrespects the memory of a fallen loved one who was promised benefits for his family after his death. It makes others just plain mad at leaders who they see as having put the entire financial burden of the city’s budget woes on the backs of those in the trenches who are protecting and taking care of the city.

Fran Triplett’s husband has been a motorcycle cop for the Memphis Police Department for 21 years. She wears a small police badge charm on her necklace. Tattooed on her foot is a motorcycle wheel with wings. Even her email address identifies her as the wife of a motorcycle cop.

Her husband was injured in a crash while on the job more than four years ago, she said. He almost lost a leg and could have taken medical retirement, she said, but didn’t “because he loved his job.” 

She doesn’t hesitate when told that health-care costs are going up for employees across the country:

“Everybody else isn’t stepping into a burning building, answering a call where a child is being molested or killed, or stepping in front of a bullet. So, I don’t really give a damn that everybody else’s [insurance] is going up.

“I challenge anybody that wants to look at us and say that premiums are going up, to strap on 80 pounds [of fire gear] in 110-degree heat, or put on a gun belt and a bullet-proof vest, or climb in a nasty sewer. 

“You do all that for a 24-hour shift for $50,000 a year and then look me in the face and tell me, ‘Hey, everybody’s premiums are going up.’ Because they wouldn’t last one minute, one hour, one day.

“They took the job because they were basing it on what they were going to receive. Nobody — I don’t care who you are — is going to take a job making $50,000 and put their life on the line and put their spouse at risk and leave their children with nobody there at the end of the day.”

Donna Kirk’s husband, Lieutenant Trent Kirk, was killed on Father’s Day 2003. He and another Memphis fire fighter, Charles Zachary, died battling a blaze at a Family Dollar store in Frayser. The store’s manager later pleaded guilty to setting the fire.

Dewayne Lufcy

“My husband and I were at our financial advisor’s office the Tuesday before he got killed. We laid everything out and looked at every one of our benefits. That’s how our life was managed. If we had known at that time (that he’d be killed), I would have gotten another life insurance policy.

“But this city promised us these benefits and he gave his life. Now, they’re trying to take everything. They may not be taking it right this moment from me, but a 24-percent increase over a period of time is my entire pension.  

“Once they get this health care thing passed, they’re going to come after our pensions. So, this is something we were promised. Our husbands took these jobs based on that. You or I can’t go in after the fact and say, ‘Oh, well, I should have taken a bigger life insurance policy out on my husband.’ I was told I would get his pension until I died.”

Dewayne Lufcy works in the city’s sewer department and says it’s dangerous work in sometimes dangerous places. 

He says he’s been trying to get financial information related to the health-care plan from the city but has not been successful. He’s fed up and says when the time limit runs out on his Freedom of Information Act request, he’s going to sue the city.

“It’s asinine. Here I am, a $50,000-a-year sewer worker, and I can look at a piece of paper and see wrongs in numbers, when you’ve got educated people up here on the fourth floor (of city hall) who can’t do it.

“I work on stuff they wouldn’t even dare think about getting in the same room with. We are subjected to 54 different communicable diseases every day of our life. I’m on call 24/7. I go to South Memphis and I’m not allowed to tote a weapon by city ordinance. I go into back alleys in South Memphis, subdivisions where the police don’t like to go. I can’t carry a gun. I can’t wear a bulletproof vest. That’s me.”

Promises and the Law

Were promises on health-care benefits broken? Does any city employee have the promise of health-care benefits written into their contract?

“No, as a matter of fact, it’s not anywhere,” Collins says. “In fact, the same Tennessee Supreme Court that tells us that the pension is a commitment that we have to keep, is the same court that has said retiree health care is not, in fact, in that same category. 

“It is a plan that we offer. But it is only a commitment we offer right now. It is always subject to change and over the years, the health-care plan changes. This is another change.”

Memphis police officers and fire fighters do get incentives for having dangerous jobs: They get college incentive pay, longevity pay, holiday paychecks, and they’re able to retire about 10 years sooner than general city employees, the city’s HR director, Quintin Robinson, said. 

    

Turning the Battleship

Robinson and the city’s human resources team began implementing the changes to the health-care plan as soon as the council passed it back in June. 

Since then, they’ve had 15 town hall meetings with employees and retirees to explain the changes and printed thousands of plan-specific enrollment booklets set to go out “any day,” he said. 

Open enrollment begins in October. Plan changes take effect at the beginning of next year. Enrollment in the federal health insurance exchange begins in November as does enrollment in some Medicare plans.    

“To the extent that we’re talking about making some changes, we will not meet the [January 1st] implementation date,” Robinson told councilmembers last week. “I want to make sure we’re all aware of that and that for any further changes we make that are pushed out past that date, there are going to be budget impacts.” 

But that’s not reason enough to stop the benefits discussion for some city council members. Janis Fullilove has repeated many times that making the cuts is “playing with people’s lives.” Harold Collins (who was absent for the budget vote) made it plain in a meeting last week that he, too, thinks the issue needs more attention.

“We all recognize that we already made a decision,” Collins said. “Let me make this very clear to us. We owe it to the 650,000 [Memphis] citizens, and to the employees who work for us that everything can change — down to the last minute if we have to — to ensure that we come up with a plan that everybody can be satisfied with, regardless of what we did on June 17th or will do on January 1, 2015.”

Finance Director Collins has no problem with the council listening to new suggestions.

“But we’re not hearing anything that solves the problems that we face,” Collins says. “It is my belief that this process that they are going through will not be able to change the fundamental facts and issues that we face. So, I don’t expect a majority of council members to come back and reverse itself, because to do so would put us back, not where we were, but in a worse place than where we were. A proponent of [a new plan that passed] would then have to turn around and say, ‘Okay, now what do we do?'”