THE CHAIRMAN OF THE CITY COUNCIL CALLS FOR THE RESTORATION OF THE VIRTUE OF HIS COHORTS

January 2, 2007

In the glare of the corruption at the Memphis City Council, watchdog was amused at the proclamation in the Commercial Appeal by the incoming Council Chairman of the City Council, Tom Marshall, calling for “More need for ethics.” This is like the madam at the local bordello praying for the restoration of the virtue of her employees.

Just to remind you, Tom Marshall is an architect. Here is a reprint of a watchdog article from last year.

Recently during our open records request to the Memphis City School System, we obtained a copy of the O.T. Marshall contract for the Central Nutrition Center dated December 12, 2000. It was for $630,500. We also obtained an agreement dated July 23, 2003 for E.F.S. (Educational Facilities Solutions, A Joint Venture with Tom Marshall as a managing partner) for Construction Consultant Services for $600,000. Additionally we obtained a payment print out for EFS starting in 2003 to 2005 for $2,729320.45. Also another one for Self Tucker Architects (Jimmy Tucker is also a managing partner of E.F.S.) starting back in 1998 to 2003 for $563,984.08 and yet another for O. T. Marshall starting in 1998 to 2003 for $1,903,797.98.

The city council provides more than $80 million funding for city schools. Whether a council member (Tom Marshall) recuses himself or not, we do not believe that anybody would think it is not a conflict of interest for a council member to be doing business at any level, much less these huge amounts, with any "customer" that is so dependent upon the council's actions. Even upon voting recusal, such a member can have great influence on other members. Marshall is the senior member of the council (19 years), and, as such, is bound to have great influence on other members. If Councilman Joe Brown's janitorial firm had the cleaning contract with city schools, but recused himself from school votes, we'd think that stinks. Where's the difference. Does this pass the smell test?

If Mr. Marshall is really interested in ethics reform, the solution is very simple. Get the City Council to pass the following changes to the City Charter and let the voters in October of this year say yes or no to the changes during the reelection of a Mayor and a City Council. These changes can be done in three ways. 1) By the City Council, 2) By the Charter Commission and 3) By the State Legislature. By far the simplest way is by the City Council. Put up or shut up.

Here are the proposed changes that would really make a difference.

• 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.
• 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 and Main Street Sweep.
• 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.
• TIGHTEN 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 and award decisions, 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.
• CONTRACTING AUTHORITY- Prohibit the Mayor, any Mayor, from signing any contract unless it has been approved and funded by the City Council.

This can be done and passed if only the City Council or the Charter Commission or the Tennessee Legislature has the courage and resolve to propose it for the voters. It must be proposed and voted on at the October 2007 election or it will not be done. Once they get reelected, memories fade fast.