September 18, 2006

THE TIME HAS COME FOR THE MID-SOUTH MINORITY BUSINESS COUNCIL TO COME CLEAN AND OPEN THEIR RECORDS!!!

On next Tuesday, September 19, 2006 there is an item approving $50,000 to the Mid-South Minority Business Council. (page 5, item 17) This is MLGW ratepayers’ money and that is not the only public taxpayers’ money the MMBC has received.

click here to see the agenda item giving $50,000 of ratepayers' money to MMBC
http://www.cityofmemphis.org/pdf_forms/ag09-19.pdf

Click here to see previous money given to MMBC by MLGW
http://memphiswatchdog.org/downloads/mlgw%20bills%20for%20mmbc%205-8-06.pdf


In April of this year watchdog asked in an open records request to see their records. They arrogantly refused to open their records. Read below to see the open records request and their answer. Watchdog again calls on them to open their records and if they do not do so voluntarily, then watchdog will file a lawsuit to open up this can of worms.

AN OPEN RECORDS REQUEST TO THE MID-SOUTH MINORITY BUSINESS COUNCIL

May 10, 2006

Watchdog has sent the following open records letter to the Mid-South Minority Business Council.

April 28, 2006

Mr. Luke Yancy III
President & Chief Executive OfficerMid-South Minority Business Council
158 Madison Avenue, Suite 300
Memphis, TN 38103

Dear Mr. Yancey,

Since the Mid-South Minority Business Council receives public rate payer and tax payer monies and as a taxpayer of the City of Memphis and Shelby County I would like to inspect the municipal documents and records in accordance with the Tennessee Open Records Law that contain the following specific information.

1. The records and documents that show the names, yearly salaries, birth dates, job titles, years of completed creditable service towards retirement for all employees of the Mid-South Minority Business Council including the Board Members.
2. The records and documents that show which of the above employees listed in item 1 receive car allowances and which receive cell phone services and the cost of car allowances and cell phone services (whether paid for by Memphis or Shelby County or by some third party other than the employee) for each person who receive these benefits.
3. The records and documents that show the benefits and perks, including life and medical insurance, that you and the employees and board members receive.
4. The records and documents that show the operating budget for the Mid-South Minority Business Council for the fiscal years 2004 and 2005.
5. The records and documents that show all legal fees paid for the above fiscal years showing who they were paid to and the purpose of the legal expense.
6. The records and documents that show how companies apply for certification, and that show for 2004 and 2005 those that applied and those that were approved and those that were not approved. Also I want to see the list of those currently approved for minority business participation.

I trust that you will inform promptly whatever department and personnel are necessary to make these documents ready for my inspection. In accordance with the open records laws I may want copies of some or all of the documents after inspection. Since I assume also that the documents containing the information requested should be available readily in file or on a computer, I should like to inspect the documents on Monday, May 8, 2006 at a time on that date at your convenience. If you need additional information or have questions about this request, I am available during working hours at 754-0699.

Sincerely yours,

We received the reply shown below by courier within a few days. Also take a look at the 990 tax return for the “NON-PROFIT” MMBC showing that in 2004 they had $684,301 in net assets (page 3, line 73). Why do they need ratepayer and taxpayer money? What are they doing with this money? Good questions.

Click here to see Luke Yancey's reply to a legitimate open records request.
http://memphiswatchdog.org/downloads/ltr%20of%20open%20records%20rejection%205-2-06.pdf

Click here to see how much taxpayers cash MMBC is sitting on.
http://memphiswatchdog.org/downloads/990%20rpt%20mmbc%202004%205-10-06.pdf

September 15, 2006

FINALLY A BRIGHT IDEA FROM THE CITY COUNCIL, CUT BACK ON PILOTS AND LOWER PROPERTY TAXES.

Congratulations to Dedrick Brittenum to speak about cutting back on the obscene number of PILOTS in Memphis and Shelby County and to consider it is time to cutback and lower spending and property taxes. However, it will be a difficult process because when you look at who is getting the reductions, you see a reflection of who contributes the most to the Herenton Administration and local politicians. Click below to see who is getting the meat while the taxpayers are getting the bone.

http://www.memphiswatchdog.org/downloads/Copy%20of%20pilots%205-17-05.pdf

What is really needed is honest oversight on the PILOTS. Are these people living up to their promises of average salaries and job creations that they promised initially when they got the PILOT. I can guarantee that there is no honest and effective oversight.

Click below to read the report that Mr. Brittenum read which indicates that these PILOTS are a giveaway and do not achieve what they promise. Also look at the following property tax rates for Memphis and Shelby County versus surrounding counties and Davidson (Nashville) county.

http://www.mercatus.org/Publications/pubID.2469,cfilter.0/pub_detail.asp

Property Tax rate comparisons

Memphis $7.4732
Germantown 5.63
Collierville 5.37
Shelby County 4.09
Nashville 4.69
Davidson County 4.04
Fayette County 1.74
Tipton County 2.85

September 11, 2006

IT IS TIME TO TAKE STOCK OF OUR CITY AND LOOK AT SOME STATISTICS!!!

Watchdog was pointed to some statistics showing the State of the City (Memphis) and in some cases comparing Memphis to other similar cities. The statistics were provided through the Hope Christian Community Foundation. The full website is found at http://www.hopeccf.org/.

General Demographics- The population of Memphis and Shelby County are down for the period 2000 through 2005 by 1.2% for Memphis to .8% for Shelby County. In contrast, the population of the Memphis Metro Area (Tennessee, Mississippi and Arkansas) increased by 2.6%. So obviously people are moving out of Memphis and Shelby County.

Memphis is 62.9% African American, 30% white and 7.1% Hispanic, Latino or others. Shelby County (including Memphis) is 50.9% African American, 42.4% white and 6.6% Hispanic or others.

Labor Market- The labor force went from 441,250 in 2000 to 432,400 in 2005 with the unemployment rate going from 3.9% in 2000 to 6.4% in 2005. 16.1% of those employed work for governments in some form or another.

Education- Memphis graduates 66% of its students whereas Shelby County graduates 89% and Tennessee graduates 78%. However the average expenditure per student in Memphis is $8602 versus $7007 for Shelby County and $7366 for Tennessee.

FBI Statistics- The crime rate per 100,000 population for violent crimes is 1009 for Memphis versus 872 for Nashville and 554 for Dallas. The murder rate is 9.7 for Memphis versus 6.0 for Nashville and 7.3 for Dallas and 25.5 for New Orleans. Burglary is 1600 for Memphis versus 805 for Nashville.

It is obvious that Memphis has problems and that some changes are needed to address these problems and propose some solutions.

September 6, 2006

Shown below is an example of an open records request asking for clarification concerning watchdog’s request concerning how many Memphis vehicles have passed the required inspection test in order to buy car tags and how many vehicles did not pass the test. That seems to watchdog to be a fairly simple request. The answers are shown below. If any reader can answer my question, I would appreciate an answer. My guess is that 353,206 passed the test and 73,906 did not pass the test and did not pay their taxes and are still driving around on Memphis streets. That is over $2 million dollars in taxes not paid to the City of Memphis plus unsafe vehicles driving on our streets.

HERE IS THE ANSWER FROM TAUYNA FALKNER
MOTOR VEHICLE INSPECTION BUREAU
FY 04 DATA SUMMARY


The United States Environmental Protection Agency requires the City of Memphis Motor Vehicle Inspection Bureau to submit emissions inspection data on an annual basis (calendar year). The data reported in the City of Memphis Budget book is on a fiscal year basis. Listed below is the description of the FY04 data.

Initial Tests – This data represents the first time a vehicle is inspected for emissions on an annually. Initial Tests for FY04 is 353,206
Total Tests – This data represents all the inspection test performs (initial, retests, safety, fleet ). Total Tests for FY04 is 427,112
Percent fail for emissions – This data represents the number of initial vehicle failures for emissions. The emission failures for FY04 is 11.5%.
Percent failed for safety – This data represents the vehicles failed first time for safety. The safety failures for FY04 is 11.85%.

The data supplied to Mr. Saino by the Jayne Cresson’s Shelby County Clerk’s Office is the current registration data and has so many variables that it cannot be compared to City of Memphis FY04 data.

From: joseph saino
Sent: Sunday, September 03, 2006 10:22 AMTo: Falkner, TaunyaSubject: RE: various open records matters

HERE IS MY REQUEST TO THE CITY ATTORNEY
Thank you for your reply. What I want to know and I think I asked for is the following. How many individual cars passed the test in FY 04 and how many other individual cars never passed the complete test and did not receive their certificate in order to make them eligible to buy their license renewals? I would appreciate an answer to these two questions.

Regards, Joe Saino

Here is the answer to the above request.
According to the Public Services Division, the City of Memphis Motor Vehicle Inspection Bureau does not have access to this information nor generates a related report.

Thank you!

Taunya Falkner
City of Memphis - Public Records Coordinator
125 N. Main Street, Room 336
Memphis, TN 38103

September 3, 2006

LIVING WAGE ORDINANCE!!! WHERE ARE THE FIGURES AND WHERE IS THE ANALYSIS?

The rush to a living wage ordinance is hard for a politician to resist. How can you be against it? Don’t you believe in helping your neighbor?

In church yesterday, my pastor requested that we sign cards urging the City Council to pass the ordinance. He said that all recipients of PILOT’s (payments in lieu of taxes) also toe the line and be included. He gave anecdotal evidence of other cities that had passed such ordinances and said that the City of Santa Fe had passed a city wide living wage ordinance. (He did not mention that Santa Fe is one of the wealthiest cities in the country).

My problem with the fast passing of this ordinance is this. Has anyone done an analysis of the cost and benefits of this ordinance? I ask the following questions and think that these should be answered before passing this ordinance.

What is the annual cost to the taxpayers of this ordinance? How many permanent and temporary city employees now receive less than the proposed living wage and what is the annual cost to bring them up to the living wage? What are their job titles?
How many city contractors paid less than the living wage last year and what would have been the cost to the taxpayers and the budget for the last fiscal year if the living wage ordinance had been in effect?
How many PILOT recipients pay less than the living wage and would they have accepted the PILOTS in the past if the living wage ordinance had been in effect?
Who is going to do the oversight on City contractors and PILOT recipients to make sure that they live up to the ordinance? Oversight, or lack of it, has always been the problem with all government programs, particularly City of Memphis programs.

Only after these questions have been answered, can a informed decision be made on this proposal. Without the information, it is a feel good decision made on the basis on anecdotal evidence and stories.

A GOOD EXAMPLE OF WHY THE CITY CHARTER NEEDS TO BE CHANGED TO RESTRICT THE APPOINTED POSITIONS BY THE MAYOR TO THE CEO, THE CFO, THE CITY ATTORNEY, THE CITY ENGINEER AND A VERY FEW OTHERS.

August 31, 2006

You may remember the sad story of the indictment of Michael Hooks and his admission of guilt. His wife, Janet Hooks, was a member of the City Council and she resigned her position to take a job in the Herenton administration in order to make a better salary than she was receiving as a City Council member.

She was appointed to the position of Director of Multicultural Affairs and Religious Affairs. See the attached letter from the Mayor appointing her to this post and also see the link to look at the website for this position. If there ever was a made up patronage job, this is the poster child for these positions.

The former holder of this position, who was making a similar amount of money, was Ms. Naquinta Sims. Because of the January 2001 pension resolution allowing elected and appointed people to retire regardless of age after 12 years of service, she is now receiving a pension of $24,797.52 per year regardless of her age. She is also entitled to the generous medical benefits of retirees where the City pays 70% of the premiums. This pension will cost the taxpayers well over one million dollars over her lifetime.

But consider the improved situation for Janet Hooks. She will now be able to retire from this position should she choose to do so with a pension based on her new salary ($74,263.08) calculated on the basis of 2.5% of monthly compensation times the years of service. She has been on the City Council for about 15 years and may have other creditable years of service somewhere else in the system. This will end up costing the taxpayers several millions dollars over her lifetime.

This scenario runs through the list of appointed positions and needs to be changed. Hopefully the taxpayers will demand that the Charter Commission vote for this change so the taxpayers can put a stop to this abuse.

http://www.cityofmemphis.org/framework.aspx?page=436