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.
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.
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