January 9, 2007
THE CHARTER COMMISSION FIDDLES WHILE ROME BURNS
Watchdog visited the most recent Charter Commission meeting to see what was going on and to monitor the progress of the group. The meeting was held on the 4th floor of City Hall and it did not give me any great hope for this group which is charged with making proposed changes in the City Charter for the voters to approve or not to approve.
The main thing on the agenda was the scheduling of public meetings in March and April to let the public have a say in what they want to see in charter changes. However most of the meeting was taken up by a presentation from Sara Hall, the City Attorney, and Allan Wade, the attorney for the City Council. The presentation of this duo for no change or minimum change was astounding. They basically said that the Charter had served very well and while it might need a little change around the edges, that the Charter Commission should be very wary of any real changes. Naturally, as they represent the City Council and the City Administration, they do not want changes that affect their power.
To watchdog, it is amazing that with a four alarm ethics fire going on in the City, these two basically called for no real change. Also they put forth the opinion that any proposed changes to the charter could not be voted on until November 2008. They claim that the MTAS (Municipal Technical Advisory Service) gave the opinion that charter changes can only be made on even numbered years. Watchdog does not believe this and has asked for an opinion from the Attorney General. There is a lot of precedent that such elections can be had whenever all the voters that are eligible to vote, can vote which is true for the October 2007 election when the City Council and the Mayor are up for reelection.
Of course the reason for this opinion is obvious. The Administration and the City Council do not want important changes to the City Charter to be on the same ballot when they are running for reelection. They would then have to either endorse the proposed changes or say they are not needed. If you wait until after the election, then you can be sure that there will be no real changes proposed by the charter commission.
Watchdog has called for the following changes.
• 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.
• 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 are 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.
• A charter section like the Shelby County charter section which allow citizen generated referendums like the voters used in 1994 to set term limits on County Commissioners.
• 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 CHARTER COMMISSION FIDDLES WHILE ROME BURNS
Watchdog visited the most recent Charter Commission meeting to see what was going on and to monitor the progress of the group. The meeting was held on the 4th floor of City Hall and it did not give me any great hope for this group which is charged with making proposed changes in the City Charter for the voters to approve or not to approve.
The main thing on the agenda was the scheduling of public meetings in March and April to let the public have a say in what they want to see in charter changes. However most of the meeting was taken up by a presentation from Sara Hall, the City Attorney, and Allan Wade, the attorney for the City Council. The presentation of this duo for no change or minimum change was astounding. They basically said that the Charter had served very well and while it might need a little change around the edges, that the Charter Commission should be very wary of any real changes. Naturally, as they represent the City Council and the City Administration, they do not want changes that affect their power.
To watchdog, it is amazing that with a four alarm ethics fire going on in the City, these two basically called for no real change. Also they put forth the opinion that any proposed changes to the charter could not be voted on until November 2008. They claim that the MTAS (Municipal Technical Advisory Service) gave the opinion that charter changes can only be made on even numbered years. Watchdog does not believe this and has asked for an opinion from the Attorney General. There is a lot of precedent that such elections can be had whenever all the voters that are eligible to vote, can vote which is true for the October 2007 election when the City Council and the Mayor are up for reelection.
Of course the reason for this opinion is obvious. The Administration and the City Council do not want important changes to the City Charter to be on the same ballot when they are running for reelection. They would then have to either endorse the proposed changes or say they are not needed. If you wait until after the election, then you can be sure that there will be no real changes proposed by the charter commission.
Watchdog has called for the following changes.
• 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.
• 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 are 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.
• A charter section like the Shelby County charter section which allow citizen generated referendums like the voters used in 1994 to set term limits on County Commissioners.
• 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.
posted by watchdog at
9:30 AM
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