December 26, 2007

THE NEW CITY COUNCIL HAS THEIR WORK CUT OUT FOR THEM!!!

I have been investigating for some time the whole question of City of Memphis appointed positions. This has been a huge issue since the January 2001 pension resolution that allowed elected and appointed people to retire after 12 years regardless of age. This has cost millions of dollars to date and will go on costing taxpayers well into the future.

In September of this year I asked, through an open records request, for information about the number of appointed positions over and above those allowed in the Memphis City Charter and other information about the cost to date of the January 2001 pension resolution and what will happen after the end of this year. To date, after three months, I have only gotten one piece of information and that is the copies of the two 2004 resolution addressing this issue. While I wait for the other information that I have been promised, I want the public to look at these two resolutions which I find interesting. These confirm and approve the situation that has been going on for 20 years and confirms that the council has been doing nothing until Carol Chumney and John Lunt brought this forward in 2004 and tried to change the situation. The City Council did do away with the January 2001 pension resolution, BUT ONLY FOR FUTURE PEOPLE, NOT FOR THEMSELVES, and apparently they are adding the positions shown below and making the rest of them into civil service positions.

Now look at three things which need the attention of the new city council members.

#1- An attached spreadsheet (Click here) showing the appointed positions per the City Charter with names and salaries that I obtained from an open records request in 2005. In this I have those top positions from the City Charter and those that were added per the April 2004 resolution. Some salaries I estimated at $95,000 where I did not have a current salary. Notice the total at close to $5 million for the group. To this group must be added quite a few attorneys in the City Attorney’s office which are part time positions for lawyers who work public/private jobs and receive pension and health care benefits. There are several jobs in this whole appointed group that are of questionable value and look like made up jobs for cronies.

#2- Look at the 2008 operating budget where the funded staffing level has increased from 5162 in 2006 to 6225 in 2008. The most increases are in the following areas.

Executive- 35 to 98, Human Resources- 38 to 64, Public Services- 88 to 433, Fire Services- 1690 to 1878, General Services- 121 to 176, Police- 2428 to 2668, Park Services- 227 to 281, City Attorney- 46 to 61. What is going on here?

#3- In order to save a lot of money, the new City Council should lay off the old appointed people who have less than 12 years of service in order to keep them from being eligible for the old January 2001 pension resolution. This one act alone would save millions of dollars in future pension funds. If they are really necessary for city services, then they could be hired back as civil service employees with their previous service credited to them but they would have to come under normal city pension rules for retirement. See the attached spreadsheet showing those appointed positions with 8 years or less service in 2005. This is almost $5 million per year in salary and the pension money saved could be huge if these positions were done away with.

Click here to see the appointed jobs having 8 years or less in service in 2005 amounting to a yearly salary of $5 million

Following are the two 2004 resolutions concerning the appointed people under the City Charter.

Resolution #1- Adopted March 2, 2004

WHEREAS, the Administration has presented information to the Council regarding over 300 appointed positions that have not been approved by the Council; and

WHEREAS, it is the desire of the Council that the Administration resolve all issues relating to these non-appointed positions consistent with the provisions of the Charter without any qualification for retirement benefits for 12-year appointed positions.

NOW, THEREFORE, BE IT RESOLVED That the Administration resolve all issues relating to these non-appointed positions consistent with the provisions of the Charter without any qualifications for retirement benefits for 12-year appointed positions.

BE IT FURTHER RESOLVED That the Administration should be prepared to report to the Council’s Personnel, Intergovernmental and Annexation Committee on March 16, 2004.
Then on April 13, 2004 the council approved the following resolution.

RESOLUTION TO RECOGNIZE CERTAIN POSITIONS AS APPOINTED AND EXEMPT FROM CIVIL SERVICE AND TO CLARIFY THE STATUS OF THESE EMPLOYEES

WHEREAS, Section 250 of the Memphis City Charter provides that the Director of Personnel shall classify all officers and positions;

WHEREAS, Section 250 of the Memphis city Charter sets forth certain positions as appointed and allows for the creation of additional appointed positions with the concurrence of the Council of the City of Memphis;

WHEREAS, over the past twenty years, the Director of Personnel/Human Resources has classified a number of positions as appointed that are not specifically enumerated in Section 250 of the Memphis City Charter;

WHEREAS, the Council of the City of Memphis desires to clarify the status of the employees holding these positions;

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MEMPHIS, that the Council concurs with the recommendation of the Mayor and the Director of Personnel/Human Resources that the following positions shall be classified as appointed pursuant to Section 250 of the Memphis City Charter:

Deputy Director- F&A Finance Division
Deputy Director-Finance Finance Division
Comptroller Finance Division
Purchasing Agent Finance Division
Treasurer Finance Division
Deputy Director-Fire Services Fire Division
Deputy Director-Police Services Police Division
Deputy Director-Parks Parks Division
Deputy Director-Recreational Services Parks Division
Deputy Director-Solid Waste Public Works
Deputy Director-Maintenance Public Works
Deputy Director-Human Resources Human Resources
Benefits Officer Human Resources
Manager-Labor Relations/EEO Officer Human Resources
Deputy Director-Public Services Public Services
Emergency Management Director Public Services
Administrator of Animal Shelter Public Services
Manager of Multicultural Affairs Public Services
Executive Director of Second Chance/Ready4Work Public Services
Deputy Director-General Services General Services
Deputy Director-Housing/Finance & Ed Dev HCD
Executive Director of Depot Redevelopment Special Services
Executive Director of Workforce Investment Network Special Services
Executive Director of Youth Opportunities Special Services
Chief Deputy-Court Clerk City Court Clerk
Chief Deputy-Traffic Violations Bureau City Court Clerk

With respect to all persons currently occupying positions not specifically enumerated in Section 250 and not listed above who are or have been classified as appointed, the Council acknowledges the Director of Personnel/Human Resources’ past and present classification of these persons as appointed through the end of this term, December 31, 2007, so long as these persons remain in their current position. Then the person currently occupying these positions leaves his or her position for any reason by the Council as an appointed position pursuant to Section 250 of the Memphis City Charter.

Except as provided herein this resolution shall not alter or impair the classification of any past or present employee as being appointed and exempt from civil service.

December 12, 2007

THE FARCE THAT IS THE CITY OF MEMPHIS BUDGET!!!

Has anyone taken a look at the 2008 City of Memphis budget? Hey! NEW CITY COUNCIL! Do you have the time and the energy to look at this fiscal farce.

The people costs are absolutely out of control. Consider, in addition to the large 2008 increase, the fact that many $$millions$$ have already been moved in recent years from Public Works to a couple of enterprise funds (sewer & storm water). Jerry Collins moved an awful lot of headcount there from 2005 - 2007. ... Example of their shell game. Reduce Operating Fund headcount & expenses ... and cover them in an Enterprise Fund with the add ons to your MLGW bill for sewer & stormwater. What a scam!

Herenton's even setting up a city "utility assistance fund"! ... "$2.5 million in the Executive Division to fund a citizen’s utility assistance program." What is going on???? MLGW is already eating $$MILLIONS$$ of the unpaid utility bills, while administering their own "assistance programs".

"In addition, $3 million is provided to establish a trust to pre-fund other post-employment benefits to meet the requirements of GASB 45 and $3 million is provided for a onetime bonus to City employees employed as of June 30 2006."

Is the above not a joke??? How much is their estimated GASB exposure??? Do they know??? When is the "hit" coming??

Another interesting item, ... the 2007 City Attorney's Budget is missing from the website. I wanted to compare the detail with 2008). Luckily I downloaded the budget to my computer so I still have it. The Linebarger rape of Memphis taxpayers is continuing. Paying outrageous fees for less than mediocre work. Now ... Linebarger. ... You will notice estimated ad valorem tax revenues have increased ~$41MM, from actual 2005 to budget 2007, while "prior year" (delinquent) collections have actually decreased a bit from 2005 to 2007. To add insult to injury, we see a ~$6MM increase in the City Attorney's costs as mentioned in the overview. This one is particularly disturbing ... we're paying $6MM more to a crony & actually receiving less.You know, the city didn't "lose" one employee when they originally farmed all that stuff to Linebarger. ... NOT ONE! You still have ALL the original expense ... PLUS Linebarger, and lousier performance to boot.

I'm getting worked up about this mess. The corruption, and incompetence, is overwhelming. It's like pushing water uphill. There is no support for making things right from either the media or the City Council. Does anyone care?

Take a look at the Human Resources headcount numbers.

Click here for the Human Resources headcount numbers

They're going from 39 positions in actual 2006 ... to 64 budgeted positions in 2008 (Page1). Look at their page 18 ... they show authorized positions of 52???? They can't even get their numbers right.

Look at Executive ...

Click here to see the Executive increase budget numbers

Went from 36 positions in 2006 actual to 98 positions in 2008.

As you can see from the Memphis budget info, the real operating expenses of Memphis government have increased significantly. The budgeting and financial reporting process is very deceptive. To the "untrained eye" it would appear that expenses are under excellent control ... ( They show total General Fund expenditures increasing a mere $3MM from 2005 actual to "budget 2007").

However, they have removed an additional ~$24MM from the General Fund operating expenses, from 2005 to 2007, with the increase in solid waste disposal fees, as an offset and have removed another ~$14MM with the introduction of the "Storm Water" fee ripoff. These are TRADITIONAL operating expenses that have been removed from the expense budget via transfer to another revenue fund, or offset by the higher fees. Bottom line ... just considering these two items, the operating expenses have increased ~$37MM from actual 2005 to budget 2007. Liars figure and figures lie.

Taxpayers of Memphis, when are you going to listen? We need you to rise up and let these politicians know you want real change, not a continuation of this fiscal farce.

The farce that is the City of Memphis budget

AN INTERESTING CHARTER COMMISSION MEETING!! WILL THEY GIVE THE VOTERS THE CHANCE TO VOTE ON THE CHANGES THEY REALLY WANT?

December 6, 2007

I attended the meeting of the Memphis Charter Commission yesterday at City Hall. It was a very interesting meeting and run very efficiently by the new Chairman of the Charter Commission, City Councilman Myron Lowery. The highlight of the meeting was the plea by Carol Chumney to the Charter Commission to fix the City Charter concerning what happens if the Mayor, for whatever reason, does not finish his four year elected term.

The charter currently says that if that happens, then the chairman of the city council becomes Mayor for 20 days. During that 20 day period, the City Council can elect a successor to the Mayor who will then serve until the end of the term. If they do nothing, then the Chief Administrative Officer of the City becomes Mayor. Here is the language from the City Charter.

In the case of the death, resignation, inability for any reason to serve, or recall of the Mayor or his removal from the City, his office shall be occupied by the Chairman of the Council for a period not exceeding twenty (20) calendar days, during which period the Council shall elect a successor to the Mayor from among qualified persons not members of the Council at the time of such elections. Such elected person shall take office as Mayor immediately on election and shall hold office until his successor is elected or qualified, which office shall thereupon be filled in the same manner as heretofore provided for vacancies on the Council. In the event the Council shall fail to act within the twenty (20) day period, the Director of Administration [Chief Administrative Officer] * shall fill said office until such time as the members of the Council shall have elected a successor or until the next general or municipal election.Ms.

Chumney mentioned rumors to the effect that this is what the Mayor has in mind as he starts his new term on January 1, 2008. (The rumors, as I understand them, are that A. C. Wharton would be selected by the new City Council). She urged the Charter Commission to correct this situation, with a new provision to be voted on in 2008, that would require a special election within 60 days from such vacancy in the Mayor’s office.

Another interesting presentation was presented by County Commissioner Steve Mulroy who asked the Charter Commission to consider instant runoffs and runoffs for the six at large city council positions which do not currently have runoff provisions.

A number of reform minded Memphis citizens , including myself, have joined together to suggest some specific changes in the Memphis City Charter. We have asked thousands of taxpayers to email the Charter Commission members with these proposals. We feel that these changes will help to promote honesty, transparency and innovation in government and help to ensure efficiency in providing the services that taxpayers need and want.

These changes can be put before the voters in the Fall 2008 election by the existing Charter Commission and/or by the incoming Memphis City Council. The Charter Commission has been longing for citizen input. We have asked Memphis taxpayers to email the charter commission with these specific changes if they agree with them. We need the publics’ help in this effort and are asking you to email the seven members of the Charter Commission immediately with any or all of the following proposed Memphis City Charter changes with which you agree.

Also we ask you to forward this message on to your email friends in Memphis and ask them to do the same. We need to let the charter commission know that we want to have the opportunity to vote on these changes.

Summary List of Possible Changes to the City Charter:

1. No Property Tax Increase Without Voter Approval
2. Online Access and Transparency for all Government Records
3. Eliminate City Council Conflicts with Municipal Boards and Commissions
4. No Sale of Memphis, Light, Gas and Water Without Voter Approval. Proportional Representation for MLGW Board.
5. Mayor and City Council Term Limits
6. Citizen Petitions to Amend Charter

To:
sylvia.cox@memphistn.gov ,
george.brown@memphistn.gov,
willie.brooks@memphistn.gov,
sharon.webb@memphistn.gov ,
janis.fullilove@memphistn.gov,
marsha.campbell@memphistn.gov,
Myron.Lowery@memphistn.gov

Subject: Memphis City Charter changes I would like to see on the 2008 ballot

Dear Member of the Memphis City Charter Commission,

I am a City of Memphis resident, a taxpayer and voter and I would like to see the Charter Commission include the following changes on the Fall 2008 citywide ballot for a 'yes' or 'no' vote on each of the items I list below. I wish each item to be voted on individually and each to stand on its own. I would appreciate your action to check these proposals, make sure that they are in the proper format and language and put them on the ballot for a citizen vote.

No Property Tax Increases Without Voter Approval

WHEREAS, the willingness and ability of citizens to bear the burden of tax increases should always be considered.

Real property tax rates shall not exceed the maximum rate approved by the voters of the City of Memphis in a referendum.

Such referendum may be authorized by the City Council no more than once in each calendar year pursuant to Tennessee Code Annotated Section 2-3-204.

The referendum shall read: 'The maximum real property tax rate for the City of Memphis shall be increased to:' followed by the rate.

Voters shall be provided the two choices of FOR and AGAINST.

The real property tax rates in effect as of October 4, 2007 shall be the maximum rates until after the first such referendum occurs."

Online Access and Transparency for All Government Records

WHEREAS, the citizens of Memphis recognize that openness and transparency in all government affairs is the best assurance of ethical conduct.

All financial information of the City of Memphis, the Memphis Light Gas and Water Division and all entities receiving taxpayer money from the City of Memphis shall be held to be subject to the Tennessee Open Records Laws.

All financial and related information shall be put on the internet within thirty days after becoming available to the City of Memphis and all related divisions for public access. This shall include but not be limited to job descriptions and requirements, personnel files (excepting information that federal laws require to be private), salaries, benefits, pension information, contracts, requests for proposals (RFPs), responses to RFPs, winning and losing bids, reasons for selection of wining bids and all job postings, selections for job postings and reasons for selections.

Eliminate City Council Conflicts with Municipal Boards and Commissions
WHEREAS, the government of the City of Memphis has wide-ranging oversight and fiscal responsibilities related to independent citizen boards and commissions, and

WHEREAS, proposals from those boards and commissions are voted on by the Council of the City of Memphis.

No more than one serving current member of the Memphis City Council shall be eligible to serve on any one of the various boards, commissions or committees of boards or commissions for which the citizens of Memphis would otherwise be eligible to serve. Furthermore, the City Council member so designated to serve shall serve as an observer and shall have non-voting status during service on the board or commission. Any one City Council member may serve as a non-voting observer on more than one board or commission

No Sale of Memphis, Light, Gas and Water Without Voter Approval. Proportional Representation for MLGW Board.
WHEREAS, the Memphis, Light, Gas and Water Division of City Government is a municipal utility that serves much of the metropolitan area, and

WHEREAS, the citizens of the City of Memphis wish to ensure the sustainable and balanced governance of the MLGW Division.

The Memphis Light, Gas & Water Division Board of Commissioners shall consist of nine (9) members appointed and approved as follows:

Four members shall be appointed by the Mayor of Memphis and approved by a majority vote of the Memphis City Council.

Two members shall be appointed by the Shelby County Mayor and approved by a majority vote of the Shelby County Board of Commissioners.

One member shall be appointed by the Mayor of Germantown Tennessee and approved by a majority vote of the Board of Aldermen of Germantown.

One member shall be appointed by the Mayor of Collierville Tennessee and approved by a majority vote of the Board of Aldermen of Collierville.

One member shall be appointed by the Mayor of Bartlett Tennessee and approved by a majority vote of the Board of Aldermen of Bartlett.
In addition it shall consist of such subordinate officers and employees as may be selected by said board of light, gas and water commission.
The Memphis Light Gas & Water Division or any part of the Memphis Light Gas and Water Division shall not be sold without a voter referendum approved by a majority of the voters of Shelby County.

Mayor and City Council Term Limits
WHEREAS, it is deemed to be in the best interest of the citizens of Memphis, the electoral process, the continuous revitalization of ideas in the government of the City of Memphis and continuity in the administration of City government.

No elected official, including the Mayor and any Member of the Council of the City of Memphis, shall serve more than two full consecutive or non-consecutive terms as defined in the Charter of the City of Memphis.

The seven (7) members elected from districts shall be elected the first Thursday following the first Tuesday in October, beginning October 2011, for four-year terms.

The six (6) members elected to multi-member districts 8 and 9 shall be elected to a special three-year term on the first Thursday following the first Tuesday in October 2011 and take office January 1, 2012. The next election for the six multi-member districts will be held the first Tuesday after the first Monday in November, beginning November 2014. This date shall automatically adjust to reflect any change in the date of federal elections to ensure that this election coincides with it. The elected members will take office January 1, 2015 and serve full four-year terms. All subsequent elections for the six multi-member districts will take place in four-year intervals.

Citizen Petitions to Amend Charter

WHEREAS, it may be necessary for the citizens of the City of Memphis to propose amendments to the City Charter that are in the best interest of the citizens and which may not be promulgated by members of City Government.

Voters of the City may frame and proposed amendments to this charter. They may propose any such amendment by a petition addressed to the Council of the City and containing the full text of the proposed amendment. Any petition proposing a charter amendment must be filed with the City Clerk and must be signed by qualified voters of the county equal in number to at least 15 percent of the persons who are registered to vote in the City of Memphis. 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.

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. A petition for recall, referendum or initiative shall be filed at least sixty (60) days before a general municipal or county election may be held on the question contained in such petition. The question contained in a petition filed less than sixty (60) days before an upcoming general municipal or county election will be placed on the ballot of the following general municipal or county election.

The City shall provide notice of the election on the petitioned question(s) not less than twenty (20) days nor more than thirty (30) days before the day of the election.