LIST OF CITIZEN RECOMMENDATIONS FOR CHARTER CHANGES – MOST SUGGESTED FIRST, LEAST SUGGESTED LAST
ETHICS
Code of ethics
Anyone convicted of a felony should not be allowed to run for any elected office
Anyone convicted of a felony should not be allowed to be considered for appointed positions
Public officials convicted of a felony while in office should be removed from office
Public officials convicted of a felony while in office should forfeit their retirement benefits
Public officials convicted of a felony while in office should receive no benefits for legal fees, insurance
Public officials convicted of a felony while in office should be barred from serving in any relationship with city government
(as a vendor, a contractor, etc.)
Retired public officials convicted of a felony should have their pension benefits terminated
Random drug testing should be applicable to all appointed and elected official
No conflict of interest should be allowed for any elected or appointed official.
(cannot do business with the city or with any entity that receives city funding)
Need rules to make sure that polls are clean and honest
Establishment of an Ethics commission independent of the Mayor and City Council
possibly elected, with the power to censure, fine, and recommend dismissal
Hold all city employees, appointees, and elected officials accountable for any and all violations of the Charter
Should any elected or appointed officials indicted (not convicted) of a felony continue to serve? (most say, at the least, leave of absence)
Require persons indicted for crimes to remove themselves from city business until issue is resolved
All public business should be conducted in open meetings
Set minimum qualifications for elected and major appointed positions
Mandate that any personal complaint by an employee that might result in litigation be submitted in
writing promptly by the employee to the District Attorney as well as to the employee's supervisor
Campaign fundraising for any elected City of Memphis position should not commence until six months prior
To filing deadline, and should cease prior to the swearing in.
Potential candidates should pass a credit check before filing for an elected position
Municipal declaration of party affiliation for all elected positions
Any public official that owes any overdue payment to the city also may not hold city office, City job, or city contract.
This should apply to overdue utility bills and tax bills, but not to speeding tickets as long as they are paid promptly.
(From Allen Wade: Section about political activity in our charter was struck down by the state
(e.g., can be in state elected office and local elected office))
Term Limits
Mayor only
Mayor and City Council
All elected officials
City Council terms in office should be staggered
(didn't tally, but most said 2 terms, a few said 3 terms)
No Term Limits
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Memphis Light Gas and Water
Address the price of utilities for senior citizens
Require a voter referendum for approval of sale of MLG&W
The President of MLG&W should be selected by the City Council (not by the Mayor)
The board members should be elected by the ratepayers
Increase the number of the board of directors of MLG&W from 5 to 9
4 of the MLG&W board members should be elected at-large by the citizens.
Appointed board members should be --
a past MLG&W president, an IBEW business agent,
chairman of the the MLG&W retirement board, and someone from the academic community
Give the City Council authority over MLG&W
the citizens need more authority over MLG&W
Make MLG&W a separate entity, like the Airport Authority
The board of MLGW should be comprised of 5 members from Memphis appointed by the Memphis Mayor,
One appointed by the Germantown Mayor and one by the County Mayor for a total of seven. (also add Collierville and Bartlett)
Sell MLG&W
Employees of Memphis Light Gas and Water shall be considered city employees and all provisions for Memphis city employees
Shall apply to them, except there shall be no transfer of retirement credits or time between the two separate entities.
It will be considered a termination and new hire between unrelated entities.
The Memphis Light Gas & Water Division should become a regional utility authority. (Frierson Graves)
MLG&W Board of Directors will be to choose the companies president.
City Pension Fund and Program issues
The city pension needs to be reviewed
1) who sets it up? 2) who is qualified to set it up?
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3) how are service and payments determined (Mayor? City Council?)?
Require at least 20 years of service before a city employee is eligible for retirement
No retirement benefits for anyone who retires or leaves office after less than 10 years of service
The ability to collect 2 pensions at the same time (retire from one job and collect pension, then get
another city job which also qualifies for a pension) should be REMOVED from the charter.
The current pension policy of qualifying to collect a pension after only 12 years of service
needs to be stopped/changed.
City pensions should be more 'in line' with pensions of private business with regard to time of service and 401K plans
Remove future elected and appointed officials from existing city pension plan
Prohibit city council from setting its own pension rules
The standard retirement age will be 65 except for police and firemen who will be allowed to But are not required to do so. All federal rules with respect other early retirement wiJJbe used.
(From Tom Marshall: the City Council is the Custodian of trust that information received is accurate - no mechanism to verify information received (no staff)
-
need strong liaison between Council and Administration -- Pension plan is a valid example: wasn’t written by council, was written by the administration)
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City Budget Issues
Line-time budgeting is needed. There should be no funds moved from one line-item
to another without council approval
regarding budget appropriations, the Mayor should not be allowed to change or override those decisions
If the mayor/council gets a raise, EVERYBODY on the city payroll gets the same percentage raise
Prohibit switching money from one item that has been OK'd to another item
Without joint approval of mayor and council
City money should not be given to a private organization unless approved by the voters (referendum)
Budget shows one staff attorney, but does not show the budget details of proposed expenditures for this service
What is the future possible monthly liability over and above the money being paid
If all the people who are qualified under the January 2001 pension
change retire after 12 years and start receiving city pensions?
Set the salaries of the mayor and city council members, and require a referendum to
make any increases, or to change the current pension system for city employee, including elected or appointed.
All salary increase requests must be approved by the City Council
All City Council and City School Board retreats shall-be held within Shelby County
and all out of town travel for any member of either entity shall be
approved prior to travel with a specific amount allowed for expenses
All retainer fees for professional services including legal service must be approved by the council.
No real property sold or purchased or leased without submission of the contract for or lease for approval
of the price, terms and conditions by the City Council (Frierson Graves)
Mandate set asides for minority business (specifically which involve federal funding directly and indirectly) to be
established in contracts for companies conducting business with the City.
Increase the salary of elected officials, particularly City Council member
The City Council shall be prohibited from approving grant spending except for limited, specified exceptions that the Council shall designate
in a binding resolution, with a maximum of $25,000 per grant, the total of all grants not to exceed $100,000.
A two-thirds vote of the full Council shall be required for approval of the grants.
(From Allen Wade: Budget -- broad authority vs. line-item restrictions -- council has authority to budget but mayor has authority
to hire and set salaries - > does it require council approval for salary requested by mayor? --
council can add divisions in addition to what is in the charter.Specific amounts in charter that are based on ‘cost of living’ --
may need add’l language to allow for increases in the cost of living)
Mayoral Appointments issues
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1) what are the qualifications? 2) what are the salaries? 3) Who determines qualifications and salaries?
Salaries of appointees are never tapped when the city is short of funds
The directors of Police, Fire, and the city treasurer should be elected by the citizens
Mayoral appointments should only be for existing positions defined in the charter
All Mayoral appointees should be approved by the City Council
The timing / timeframe for replacement of vacant positions (resignations, etc.) needs to be specified in the Charter.
The City Council will have the power to remove any appointed official with cause at anytime by a majority vote.
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Only appointed officials that have received city council approval and consent shall be eligible for city retirement.
These must be full time employment positions. All other temporarily appointed officials will be considered
independent contractors and not eligible for any retirement plans
Except for the Chief Administrative Officer and Division Director, the City Council, by ordinance, may eliminate
any appointed position presently contained in the City Charter.
Open Records laws / issues
All salaries, benefits, overtime and pensions for ALL city employee and officials should be
public information and available on the internet
All public records including ordinances, contracts, etc., should be posted online and in timely fashion
All requests for proposals (bids), all responses to those RFP's (request for proposals), all purchase orders resulting from the bids,
The selection process for awards and the reasons for the selection, and all purchases orders
should be available in real time on the internet.
All professional contracts should be advertised and bid and the results put on the internet
All contributions to candidates for elected office and their expenditures should be published on the internet
All electronic communications made on public property shall be subject to the FOI Act, except where
protected by Federal or State laws.
Publish All building projects, related contracts, purchase orders, change orders and
correspondence e.g. the FedEx Arena and the Cannon Center and school projects
All budgets, financial statements and audits should be posted on the internet
Riverfront Development Corporations
and other “quasi” government organizations -
Need a standard of 'stewardship/oversight' for finances and city funding
More transparency needed for these organizations (Employees hired, salaries, office and travel expenses, rents and furnishings)
All information and business of these entities should be available on the internet
All non-profit entities that receive any funding from the city should be subject to the open records laws and waiver of fees
Land Use Control Board is full of real estate agents and developers with no representation of the general public
Land Use Control Board – the City Council members and the County Commission members
Of the board should be in contact with each other
Restrict elected officials from voting membership on any city or county board or commission
Executive authority needs to be limited
limited contractual authority – any contracts over $50,000 should require the approval of the City Council
limited contractual authority – any contracts over $75,000 should require the approval of the City Council
All bond issues should be publicly offered and bids should be opened publicly
instead of being offered, selected, and granted by the Mayor
The city attorney should be legally liable for all contracts
Prohibit mayor from signing any contract unless it has been approved, and funded, by city council
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(Per Allen Wade: Power of contract - charter says it ‘remains’ with the mayor but never said it was 'with' the mayor --
Issue raised in 1988 to include City Council in that contract power, but was not changed.
Interim appointments - mayor can appoint on interim basis but never brings appointment to council for approval; person stays in the position)
(From Tom Marshall: Where authority lies - word “solely” (regarding contractual authority) is NOT in the charter. Powers of mayor vs. powers of council is issue,
needs to be more clearly defined. Otherwise, believes part-time council works. Council SHOULD have contractual authority, not just mayor.
Example: pension fund - council was told had no power of contract so no council member could be on the pension board. Need, at the least,
to see the final ‘contract’ before it is sealed. Details of power of contracts for council members should be clearly defined to mitigate conflict of interest.
Roles and Responsibilities are vague in current charter - problem with nomenclature more than intent.)
Do not limit the contractual authority of the Mayor
Recommendations for Charter changes that are put on the election ballot should be at line-item level
Reinstate the Parks Commission
Maintenance of parks and green space needs to be covered in the Charter
Who decides to sell, & where does the money go when public parks are sold?
have a citizen board which would be supported by the city
Take CARE of the public golf courses, like Davey Crockett, which is being managed into failure with intent
Run-off elections --
All elected positions
Mayor and City Council
Instant run-offs
No Run-off elections
(From Allan Wade: Municipal elections- not adequately addressed in the charter -- city had to go to state court of appeals to get a ruli
Prohibit city council from making any change in the city charter by ordinance or otherwise without voter approval.
Address problems regarding funding and budget for Education
skills need to be taught in all schools
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The city schools system should be totally separate from city government
School funding for city schools comes from the city, county, and state. There should be a separate taxing authority for the schools.
Operate the school system all year long with the year divided into four quarters with appropriate breaks and holidays.
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Provide taxing authority for Memphis City Schools, property tax rate to be set by the MCS Board of Commissioners.
This will require commensurate reductions in city and county sales taxes, etc, etc.
The City Council needs to be restructured with no “super” districts.
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Recommend that a regular review of the Charter be specified in the Charter itself.
This is possible, but the interval period between reviews must be at least 10 years, per the state charter.
(From Allen Wade: No mechanism in current charter for ‘clean up’ as another avenue outside of the only current way,
which is charter commission per state charter (our elected group).)
vicious dogs problem needs to be addressed
No area should be annexed unless the city can prove that it is ready to provide all city services
Any annexed area with more than 200 voters will be given a special voting alderman that resides in that area
Until the next general election after the realignment of the city wards.
Simplify/clarify the language of the charter, in whole and in its parts.
Attorneys that work for the city, are employed by the city, should be full-time and have no other clients,
to avoid any conflict of interest.
The City Council positions should be full-time – council members should have no other job.
Any referendum voted by the citizens of Memphis can only be revoked or overturned by another referendum
Need a charter section like the Shelby County charter sections which allow citizen generated
referendums like the voters used in 1994to set term limits on County Commissioners
Conformance with ecology is needed for all city services, so that Memphis can be a “cool city”
Require a college degree in business for anyone that is hired in any management capacity
Full disclosure of qualifications for all such employees should be provided to the citizens
All city government positions should be posted for not less than 15 days to allow
qualified candidates to apply for such positions.
no changes to any tax rates (sales, property) without a voter referendum
Increase the number of councilpersons to 15 to keep in line with city growth
City construction codes to be same as the county
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Per the city charter, enforce the inspection of all vehicles in the city, including city-owned vehicles
This would allow for the residents of the city to have free inspection
Require all county cars to be inspected if the owners work in Memphis but live in the county
The city Charter should be easily accessible by all citizens.
Law enforcement needs to be strengthened. Strengthen ordinances to create proactive rather than
reactive responses by law enforcement – noise, code violations, loitering, illegal parking, littering
Issues with Zoning – all residents impacted by a potential zoning change should be notified
of when the proposed changes are being reviewed by the City Council.
If the Council “tables” a zoning ordinance (instead of implementing it), all impacted parties
Should be notified of when the issue will be back on the Council meeting agenda.
Also, require a public meeting to be conducted by the City Council -
the meeting must be held within the city at a minimum of 4 designated/impacted locations to ensure public input.
Binding arbitration should be required for city employees
Charter should include requirements for all elected officials to have regular communication
with their constituents (town hall meetings, forums, etc.)
Government should be Council-driven with a City Administrator instead of a Mayor
City Council positions should not be full-time
Regarding age and residency requirements for City Council positions – the minimum age requirement should be 21,
which is voting age. If a person is old enough to vote, they should be old enough to run for office.
Focus on policy issues concerning the authority of elected an/or appointed officials --
Any 'specifics' should be clearly and simply identified to where there can NOT be ANY
misunderstanding as to what it means.
The restriction of city employees having to live in the city should be eliminated
ALL employees of the city need to live in the city.
ALL employees of the city need to live in the city or in Shelby County
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City 'consultants' – the city should make use of local volunteers before considering the hiring of
out-of-town consultants. A chairperson or facilitator for the volunteers would be needed for coordination / organizations.
The city needs to LISTEN to Memphians regarding input for projects and studies.
The city is full of people willing to help out and volunteer.
Mass Transit needs to be addressed/fixed
Need a casino on Mud Island
Need fire hydrant inspectors
City organization agencies, commissions, department heads, executive or council -
Names should be submitted for those positions and they should be elected by the citizens
Changes needed for alcohol licenses and 'public nuisances
no sale of any public land without voter approval (referendum)
NO privatization of any city service
No rehire of retired officials
Charter should have provisions for privatization of public entities
recommend a charter change to allow a citizen to bring a suit and if he wins at the fIrst
level he will receive double his attorney's fees and if it is carried to the next level and he
wins he will receive three times the fees and if it is carried by the city to the highest level
and the citizen wins he will receive four time the fees.
All citizens within the city and Shelby County are impacted by the
decisions of the city mayor and the Commissioners-the tax assessor, the judge of
the juvenile court and the judges of the city court of the Cityof Memphis and
other elected officials. Therefore, each citizen within those boundaries should
have the right to voice their opinions on individuals running for the particular
City office by casting votes of their choice.
Suggest a modification to charter Sec. 15-12-4 Preliminary plan review --
OPO current notices do not provide ample time or notifications to
respected owners to address issues impacting their properties and review
standing regulations governing these changes.
the issue of any bonds [both general obligation and revenue] must pass a referendum vote at a general election.
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Authorize citizens' initiatives that can be presented every general election and put on a
referendum ballot, and reduce the required number of citizens' signatures to a more
reasonable number than is now required [say 5% of the last voting numbers instead of the
current percentage.
Require a "CARMEN MIRANDA" type statement that all city employees must read and sign,
Including elected and appointed persons, so that they are fully aware of the consequences
of any of their actions that are contrary to city policy, and are thus soley
responsible for any costs of any suits, and not the city.
Vacancy in office -- all future vacancies on the
City
Council and The Memphis City School Board will be filled through
a random drawing (lottery) of registered voters until the next scheduled election.
City districts 1 and 7 are poorly drawn. District 1 is clearly the most gerrymandered district in the City.
It reaches into the middle of district 7. As an advocate of Frayser, I feel that the current districts are a
detriment to the community. Frayser is currently represented by 8 council members- districts 1 and 7, as
well as super-districts 8 and 9. It makes communication with our representatives more difficult; there is
essentially no main person to go to.
A parliamentarian is needed for the City Council – should be following Roberts Rules of Order
All city/public meetings should be on local access cable TV
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