December 6, 2006
THE CHARTER COMMISSION IS THE SOLUTION TO OUR ETHICS PROBLEMS IF THEY WILL ACT ON THESE RECOMMENDATIONS
As I have been interested in this subject for some time, I would like to suggest the results of several years of intense study on this matter. I hope that they will give serious consideration to the following major subjects for needed changes to make for a better local government.
To these listed below I would add the following.
• A charter section like the Shelby County charter sections as listed below.
C. Voters of the county may frame and proposed amendments to this charter. They may propose any such amendment by a petition addressed to the board of county commissioners and containing the full text of the proposed amendment. Any petition proposing a charter amendment must be filed with the clerk of the board of county commissioners and must be signed by qualified voters of the county equal in number to at least 15 percent of the persons who voted in the last gubernatorial election in Shelby County. The clerk shall immediately deliver it to the county election commission. When such petitions have been determined sufficient, the county election commission shall submit same to the voters of the county in accordance with this section.
Editor's note: The Charter, § 5.05C., which states "at least 15 percent of the persons who voted in the last gubernatorial election" is superseded by the state law, T.C.A. § 2-5-151(d) which states "at least fifteen percent (15%) of those registered to vote in the ...county."
D. The county election commission shall submit to the voters of the county any charter amendment proposed and delivered to them in accordance with the provisions of this section. They shall submit any such amendment to the voters at the next regular county election if one occurs not less than 60 and not more than 120 days following the delivery to such authorities of the ordinance or petition proposing the amendment. Not less than three weeks before any election at which a proposed charter amendment is to be voted on, the election authorities shall publish a notice in a daily newspaper of general circulation. The form of the ballot for submission of proposed charter amendments shall be governed by state law concerning referendum elections. If a majority of the voters of the county voting upon a proposed charter amendment votes in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters of the county. Any charter amendment shall be published promptly after its adoption in the manner provided in this charter for adopted ordinances.
• A charter amendment requiring resignation of an elected official if they are under indictment.
• An open records charter amendment requiring election commission reports of donations and expenditures to be submitted electronically in spreadsheet format so that they can be entered into a unified database and published for notification and verification of information.
The following proposed changes were submitted and proposed to the elected charter commission in August of this year after the election. Hopefully they will address these recommendations. Judge Brown said “If it aint broke, don’t fix it.” Well it is certainly broke and now you and your other six members have a chance to fix it.
THINGS THAT NEED TO BE CHANGED IN THE CITY OF MEMPHIS CHARTER AND EXAMPLES OF WHY CHANGES ARE NEEDED. HOPEFULLY THE CHARTER COMMISSION WILL ADDRESS AND ENDORSE THESE NEEDED CHANGES?
Here are some of the most important items that need to be addressed by the Charter Commission in the upcoming discussions with the public. There will no doubt be many more issue and questions, the following issues illustrate the most egregious problems that certainly need solutions.
• TERM LIMITS- Prevent elected officials from getting the tenure that gives them the position to sell their influence to developers and other buyers of political influence exhibited by Tennessee Waltz.
• NO SALE OF MLGW WITHOUT VOTER APPROVAL- Because MLGW is piling up cash at the ratepayers expense, politicians want to get their hands on the cash. As of December 31, 2005, MLGW had $167 million in unrestricted cash, up from $111 million in one year. The law says that any surplus remaining after establishment of proper reserves, shall be devoted solely to the reduction of rates. SEE THE ATTACHMENT TO SEE HOW MUCH OF YOUR RATE MONEY IS BEING KEPT IN UNRESTRICTED CASH BY THE MLGW.
• THIGHTEN ETHICS RULES- No election official should be able to serve if he benefits from any contract involving City taxpayer money even if he recuses himself from voting on that particular contract or issue.
• PENSION REFORM- the January 2001 pension change has cost millions of dollars to date and will go on costing millions more as these elected and appointed officials retire. Since hardly any of the taxpaying public has a defined benefit pension plan anymore, a defined contribution plan should be instituted in the future for all newly hired public employees.
• OPEN RECORDS- Only by putting all important contract bids, purchase orders, personnel salaries and benefits on the internet and by making open records access easier, can we keep the sunshine on government practices which politicians like to conceal. The current no bid purchase orders given under the ACS contract shield is an example of gross abuse and lack of transparency in bidding and awarding contracts.
• APPOINTEES- There were over 400 appointees whereas the charter, according to Sara Hall’s reading, only allows about 110. This needs to be defined and limited to much less. The January 2001 pension resolution allowing elected and appointed officials to collect pensions and health benefits after only 12 years regardless of age has already cost millions and has the potential to cost $60 million if all of the current eligible elected and appointed people retire under that provision.
• RESTRICT ELECTED OFFICIALS FROM VOTING MEMBERSHIP ON CITY AND COUNTY BOARDS AND COMMISSIONS- This is where the influence peddling starts and needs to be stopped. As an example, Rickey Peete is chairman of the Center City Commission and is on the Center City Development Board and on the Pilot committee of the Industrial Development Board. Barbara Swearengen Holt is on the Center City Commission board. Scott McCormick is on the Pilot evaluation committee. There are so many boards and commissions that it is difficult to get a full picture of all of the members.
• CONTRACTING AUTHORITY- Prohibit the Mayor, any Mayor, from signing any contract unless it has been approved and funded by the City Council. The Linebarger contract given to a firm charging 20% commission for the collection of delinquent taxes when the County Trustee offered to collect the same money for 2% is a good example of abuse.
THE CHARTER COMMISSION IS THE SOLUTION TO OUR ETHICS PROBLEMS IF THEY WILL ACT ON THESE RECOMMENDATIONS
As I have been interested in this subject for some time, I would like to suggest the results of several years of intense study on this matter. I hope that they will give serious consideration to the following major subjects for needed changes to make for a better local government.
To these listed below I would add the following.
• A charter section like the Shelby County charter sections as listed below.
C. Voters of the county may frame and proposed amendments to this charter. They may propose any such amendment by a petition addressed to the board of county commissioners and containing the full text of the proposed amendment. Any petition proposing a charter amendment must be filed with the clerk of the board of county commissioners and must be signed by qualified voters of the county equal in number to at least 15 percent of the persons who voted in the last gubernatorial election in Shelby County. The clerk shall immediately deliver it to the county election commission. When such petitions have been determined sufficient, the county election commission shall submit same to the voters of the county in accordance with this section.
Editor's note: The Charter, § 5.05C., which states "at least 15 percent of the persons who voted in the last gubernatorial election" is superseded by the state law, T.C.A. § 2-5-151(d) which states "at least fifteen percent (15%) of those registered to vote in the ...county."
D. The county election commission shall submit to the voters of the county any charter amendment proposed and delivered to them in accordance with the provisions of this section. They shall submit any such amendment to the voters at the next regular county election if one occurs not less than 60 and not more than 120 days following the delivery to such authorities of the ordinance or petition proposing the amendment. Not less than three weeks before any election at which a proposed charter amendment is to be voted on, the election authorities shall publish a notice in a daily newspaper of general circulation. The form of the ballot for submission of proposed charter amendments shall be governed by state law concerning referendum elections. If a majority of the voters of the county voting upon a proposed charter amendment votes in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters of the county. Any charter amendment shall be published promptly after its adoption in the manner provided in this charter for adopted ordinances.
• A charter amendment requiring resignation of an elected official if they are under indictment.
• An open records charter amendment requiring election commission reports of donations and expenditures to be submitted electronically in spreadsheet format so that they can be entered into a unified database and published for notification and verification of information.
The following proposed changes were submitted and proposed to the elected charter commission in August of this year after the election. Hopefully they will address these recommendations. Judge Brown said “If it aint broke, don’t fix it.” Well it is certainly broke and now you and your other six members have a chance to fix it.
THINGS THAT NEED TO BE CHANGED IN THE CITY OF MEMPHIS CHARTER AND EXAMPLES OF WHY CHANGES ARE NEEDED. HOPEFULLY THE CHARTER COMMISSION WILL ADDRESS AND ENDORSE THESE NEEDED CHANGES?
Here are some of the most important items that need to be addressed by the Charter Commission in the upcoming discussions with the public. There will no doubt be many more issue and questions, the following issues illustrate the most egregious problems that certainly need solutions.
• TERM LIMITS- Prevent elected officials from getting the tenure that gives them the position to sell their influence to developers and other buyers of political influence exhibited by Tennessee Waltz.
• NO SALE OF MLGW WITHOUT VOTER APPROVAL- Because MLGW is piling up cash at the ratepayers expense, politicians want to get their hands on the cash. As of December 31, 2005, MLGW had $167 million in unrestricted cash, up from $111 million in one year. The law says that any surplus remaining after establishment of proper reserves, shall be devoted solely to the reduction of rates. SEE THE ATTACHMENT TO SEE HOW MUCH OF YOUR RATE MONEY IS BEING KEPT IN UNRESTRICTED CASH BY THE MLGW.
• THIGHTEN ETHICS RULES- No election official should be able to serve if he benefits from any contract involving City taxpayer money even if he recuses himself from voting on that particular contract or issue.
• PENSION REFORM- the January 2001 pension change has cost millions of dollars to date and will go on costing millions more as these elected and appointed officials retire. Since hardly any of the taxpaying public has a defined benefit pension plan anymore, a defined contribution plan should be instituted in the future for all newly hired public employees.
• OPEN RECORDS- Only by putting all important contract bids, purchase orders, personnel salaries and benefits on the internet and by making open records access easier, can we keep the sunshine on government practices which politicians like to conceal. The current no bid purchase orders given under the ACS contract shield is an example of gross abuse and lack of transparency in bidding and awarding contracts.
• APPOINTEES- There were over 400 appointees whereas the charter, according to Sara Hall’s reading, only allows about 110. This needs to be defined and limited to much less. The January 2001 pension resolution allowing elected and appointed officials to collect pensions and health benefits after only 12 years regardless of age has already cost millions and has the potential to cost $60 million if all of the current eligible elected and appointed people retire under that provision.
• RESTRICT ELECTED OFFICIALS FROM VOTING MEMBERSHIP ON CITY AND COUNTY BOARDS AND COMMISSIONS- This is where the influence peddling starts and needs to be stopped. As an example, Rickey Peete is chairman of the Center City Commission and is on the Center City Development Board and on the Pilot committee of the Industrial Development Board. Barbara Swearengen Holt is on the Center City Commission board. Scott McCormick is on the Pilot evaluation committee. There are so many boards and commissions that it is difficult to get a full picture of all of the members.
• CONTRACTING AUTHORITY- Prohibit the Mayor, any Mayor, from signing any contract unless it has been approved and funded by the City Council. The Linebarger contract given to a firm charging 20% commission for the collection of delinquent taxes when the County Trustee offered to collect the same money for 2% is a good example of abuse.
posted by watchdog at
8:04 AM
1 Comments:
State law prohibits anything in excess of 10% paid to attorneys for collection on property taxes. The AG gave an opinion on this, which Sara Hall used to "negotiate" a lower fee. More like enforce the law. Wonder how many of poor saps ended up paying the 20%?
AG Opinion
By
Anonymous, at 9:51 AM
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