watchdog

Wednesday, August 20, 2008

The voters of Nashville, Knoxville, the City of Chattanooga and Shelby County have the right to propose a citizen referendum written into their charters. This is how Shelby County got term limits. Did you know that the citizens of Memphis do not have that right?

I have researched the information about Nashville, Chattanooga and Knoxville. I have attached the portions of the charters for Nashville, City of Knoxville, Knox County and the City of Chattanooga. Hamilton County (where Chattanooga is) has no charter and operates under state law. (They have consistently rejected a County Charter form of government).

The long and the short of it is that all of them allow citizen initiated petitions, all except the City of Memphis. Nashville requires the signatures of 10% of those who voted in the preceding general election. Knoxville is 25% of those who voted in the last Mayoral election. Knox County is 15% of those who voted in the last gubernatorial election (This lowering of the requirement passed by 79% in Knox County). Chattanooga is 25% of those who voted in the last mayoral election.

Enough said. We need this in our charter and we need a reasonable signature figure, not 15% of registered voters as is currently required in Shelby County. (By the way, the County Commission could and should lower this figure according to State law).

Here are six items that are currently approved by the Memphis Charter Commission to be put on the November ballot for the voters to say yes or no.

1. Filling Vacancy in the Office of the Mayor: In the event of the Office of the Mayor becomes vacant, the City Council Chair, who will at that time have the title of Mayor Pro-Tem, shall serve as Mayor for up to 180 days following such vacancy, at which time the public shall elect a duly qualified person to serve the remaining unexpired term of the vacated office, provided that if no general or municipal election is scheduled to occur within 180 days of such vacancy, a special election shall be held within 90 days of such vacancy to elect a candidate to fill the Office of the Mayor through the end of the remaining unexpired Mayoral term.

2. Suspension from Official Duties: Any elected or appointed official charged with official malfeasance, shall be suspended with pay pending resolution of the charge.

3. Sale of Memphis Light Gas & Water: Any proposed sale of Memphis Light Gas and Water or any of its electric, gas, and/or water assets shall not be final until first approved by a majority of duly qualified voters in the City of Memphis.

4. Term Limits: With respect to all municipal elections held hereafter for the Office of Mayor, City Council, and City Court Clerk, no person shall serve more than 2 consecutive terms in any given office.

5. Staggered Terms: The candidates seeking election to the Memphis City Council shell be elected for a term of four (4) years, and may succeed themselves. For the first election held pursuant to this section, in order to establish staggered terms of office, the candidates from even-numbered districts shall be elected for a term of two (2) years, and the candidates from the odd-numbered districts shall be elected for four (4) years. For all subsequent selections, the City Council candidates will be elected to a four (4) year term. (This will be modified as the Charter Commission made a mistake about the two year term as they apparently want to put the City Council election on even years rather than odd years to save election costs).

6. Instant Runoff Voting.

There is another proposition that will be voted on this Thursday (August 21) and it is very important. It is the proposition to allow the citizen and voters of Memphis to file a citizen petition to put forward for the voters' approval, a change or addition to the City of Memphis Charter. It will be something like the following.

Citizen Petitions to Amend Charter (This will be voted on this Thursday)


 

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 city equal in number to at least 15 percent of the persons who voted in the city in the last gubernatorial election. 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.



Click here to see the citizen petition clause for Metro Davidson


Click here to see the citizen petition clause for the City of Knoxville


Click here to see the citizen petition clause for Knox County


Click here to see the citizen petition clause for the City of Chattanooga

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