Charter Commission Draft Charter


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Memphis-Shelby County Metropolitan Government Charter Commission presentation to the City Council and the County Commission on the contents of the draft charter, presented June 24, 2010.

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Charter Commission Draft Charter

  2. 2. 2<br />“The citizens are concerned about the direction of their community and are demanding an ethical, efficient, effective, and streamlined government that prepares and positions Memphis and Shelby County to address current economic crises and the increasing competition for new jobs and economic expansion.” <br />City and County Resolutions Creating the Metro Charter Commission (September 2009)<br />
  3. 3. 3<br />Who We Are<br />How We Operated<br />What We Learned<br />Commission Recommendations<br />What’s NEW?<br />Council and Commission Input<br />
  4. 4. 4<br />Who We Are/Introductions: Members of the Commission<br />Chair: Julie Ellis, Memphis, Attorney-Butler, Snow, O’Mara, Stevens & Cannada, PLLC<br />Vice Chair: Andre Fowlkes, Memphis, Executive Director Small Business Chamber<br />Secretary Treasurer: LouEtta Burkins, County (Unincorporated) Project Engineer-Global Trade Services, FedEx<br />Damon Griffin, Memphis, Assistant District Attorney General<br />J.W. Gibson, Memphis, County Commissioner<br />Mayor Richard Hodges, Millington, Mayor of Millington<br />Linda Kerley, Collierville, Former Mayor of Collierville<br />Billy Orgel, Memphis, Business Owner, Tower Ventures<br />Chris Patterson, Germantown, Attorney-Wiseman Bray, LLC<br />Richard Smith, Memphis, Managing Director, Life Sciences, FedEx Express<br />Jim Strickland, Memphis, City Council and Attorney-Kustoff & Strickland PLLC<br />Carmen Sandoval, Memphis, St. Jude Children’s Research Hospital<br />Rev. Randolph Meade Walker, Memphis, Visiting Professor, LeMoyne-Owen College, Pastor, Castalia Baptist Church<br />Rufus Washington, County (Unincorporated) Retired US Marine, FedEx Ground and President of Southeast Shelby County Coalition<br />Rev. Ralph White, Memphis, Pastor Bloomfield Full Gospel Baptist Church, Chairman Memphis Law Enforcement Review Board<br />
  5. 5. 5<br />How We Operated<br /><ul><li>Established Commission Values:
  6. 6. Inclusion
  7. 7. Efficiency
  8. 8. Integrity
  9. 9. Innovation
  10. 10. Service</li></li></ul><li>6<br /><ul><li>Established Charter Commission Work:
  11. 11. Executive Committee and 12 Task Forces
  12. 12. Guided by Tennessee Constitution Article XI, Section 9 and Tennessee Code Annotated Section 7-1-101 et seq.</li></li></ul><li>Charter Commission Task Forces<br />Transportation and Utilities: Airport, Port Commission, MATA, Highways and Bridges, Engineering, Public Works, MLGW, Other Authority/Boards/Commission<br />Chairman - Richard Smith, Members: Julie Ellis, Damon Griffin, Assistant County Attorney - Carter Gray<br />Community Planning and Economic Development: Division of Planning and Development, Housing and Community Development, Strategic Planning, Office of Economic Development, Center City Commission, RDC, Zoning and Building Codes, Code Enforcement, PILOTS, Metropolitan Planning Organization, and special planning districts like aerotropolis and medical/Bioworks<br />Chairman - Billy Orgel, Member(s) – J. W. Gibson and Jim Strickland, Assistant County Attorney - Robert Rolwing<br />Health: Health Department, Child Care, EMS, The Med, Environmental Health, The Health Loop, Medical Examiner<br />Chairman - Carmen Sandoval, Member(s) – Ralph White, Rufus Washington, Assistant County Attorney - Janet Shipman<br />Public Safety: Fire, Police, Homeland Security, 9-1-1, relationships with Federal/State Offices operating in Shelby County<br />Chairman - Rufus Washington, Member(s) – Mayor Richard Hodges, J.W. Gibson, Assistant County Attorney - Craig Willis<br />Finance and Accountability: Property Assessment, Tax Collection, Bonds, Operating and Debt Service Budgeting, Finance, Auditing, Purchasing, Public Records, Information Technology, Fees, special taxing districts like Tourism Development Zone and Tax Increment Financing, and User Charges<br />Chairman- J.W Gibson, Member(s) –LouEtta Burkins, Billy Orgel, Linda Kerley, Assistant County Attorney - Thomas Williams, Marcus Ford, Sr., George Graham<br />Intergovernmental Relations: Government Services to municipalities, urban and general services taxes, Annexation and reserve areas, intergovernmental agreements, and state government<br />Chairman – Richard Hodges, Member(s) –Jim Strickland, Linda Kerley, County Attorney - Brian Kuhn<br />7<br />
  13. 13. Central Support Services: Motor Pool, Property Maintenance, IT/Computer Networks, Public Relations, Purchasing, Building Security, Printing, General Counsel/legal<br />Chairman – Damon Griffin, Member(s)–LouEtta Burkins, Billy Orgel, Richard Smith, Assistant County Attorney - Lisa Kelly<br />Legal and Judicial: Attorney General, Public Defender, Pre-Trial Services, Juvenile Court, City Courts, City and County Attorneys, Divorce Referees<br />Chairman - Chris Patterson, Member(s) – Damon Griffin, Assistant County Attorney - Christy Kinard<br />Amenities and Public Betterment: Libraries; Arts and Culture (Museums, Symphony, Opera, Ballet, Performance Sites); Public Facilities (FedEx Forum, AutoZone Park, Cook Convention Center); Tourism, Music and Film; Parks and Recreation(Zoo, Shelby Farms Park, Greenways, Harbor)<br />Chairman – Andre Fowlkes, Member(s) – LouEtta Burkins, Rev. Ralph White, Assistant County Attorney - John Ryder<br />Human Capital and Customer Service: Human Resources, Civil Service System, Employee Benefits, Pension, Innovation, Website and public assistance centers<br /><ul><li>Chairman – Linda Kerley, Member(s) – J.W Gibson, Carmen Sandoval, Assistant County Attorney - Kelley Thomas</li></ul>Code of Ethics: Develop a code that will be included in the Charter applicable to all governmental bodies<br />Chairman - Meade Walker, Member(s) – Chris Patterson, Julie Ellis, Deputy County Attorney - Danny Presley<br />Legislative Representation: Develop approach to governmental representation including districts, partisan elections, terms- including staggered and whether term limits apply<br />Chairman - Jim Strickland, Member(s) – J. W. Gibson and Chris Patterson, Assistant County Attorney - Christy Kinard<br />Executive Committee-Chair, Vice-chair and Secretary met with Administrator weekly to establish Agendas, ensure sunshine compliance, review minutes, review timeline and budget; also sat as a Task Force on Executive and Transition and prepared recommendations on both areas for the Commission.<br />Jack Payne, Jr. and Christy Kinard represented all Task Forces and Executive Committee.<br />8<br />
  14. 14. 9<br />Established Benchmark Cities and used others to evaluate effective governments and their charter authority: <br /> Charlotte (functionally consolidated)<br />Established our Commission Timeline<br />
  15. 15. 10<br />Charter Commission Timeline <br />
  16. 16. 11<br />What We Learned<br />The two government structures impede cooperation and collaboration with one another to reduce duplication of government services.<br />There is no structural incentive to innovating, sharing people or sharing knowledge between the City and County governments to improve services and lower costs to all citizens.<br /> There is a tremendous economic opportunity for our community to unite and operate more efficiently and inclusively, if framed utilizing the Commission recommendation for the Charter.<br />
  17. 17. 12<br />THE HARD FACTS<br />There are clear signs that we have to do things differently…<br />Over 10 year period:<br /><ul><li>Shelby County lost 47,674 individuals and $1.9 billion in income
  18. 18. Shelby County lost 20,000 households and $1.2 billion in income to MSA counties 
  19. 19. Memphis MSA has lost 2,530 households and $162 million in income to Nashville.
  20. 20. Of 363 MSAs, we rank #318 in income in-migration; Nashville was #10 </li></li></ul><li>13<br />The Memphis region’s ranking compared to three benchmark cities Nashville, Jacksonville, Louisville, and Birmingham, Charlotte, Richmond, Oklahoma City, and Raleigh:<br />Population Growth -- #6 <br />Poverty -- #1 <br />Per Capita Income -- #8 <br />Women in management -- #8 <br />Minorities in management -- #1 <br />Bachelor’s degree -- #7 <br />Percentage with High School degree -- #8 <br />At risk youth -- #8  <br />
  21. 21. 14<br />Why Does Government Cost LessRight Down I-40?<br />Our two governments spend $31 M a year for information technology - Nashville spends $14.5 M<br />Our two governments spend $19 M a year for attorneys-Nashville spends $5M<br />Our two governments spend $12M a year for human resources department - Nashville spends $4.2M<br />Combined tax rate for Memphis and Shelby County is the highest in the state at $7.22 - Nashville’s is $4.13<br />
  22. 22. 15<br />TAKE AWAYS<br />We are competing with each other when we need to be competing with other communities for business. <br />The demand by our citizens for “no excuses” public services already exceeds our capacity and citizens are “voting with their taillights”.<br />The time expended by everyone to accommodate the “two government process” represents money wasted and opportunity lost. Time is something you never get back.<br />
  23. 23. 16<br />Commission Recommendations<br />Education<br /><ul><li>School systems: Memphis City Schools and Shelby County Schools are not merged; School merger will not be considered by any review of the Charter unless requested by both school boards, which are elected by the public within their respective boundaries. The Charter cannot change or affect the structure of the two school boards.
  24. 24. School Funding: State-mandated funding by countywide tax base. The Tennessee constitution requires county governments to provide public school funding. Whether or not the current residents of Memphis are required to pay funding for Memphis City Schools will be determined in a court of law and is not a decision for the Charter Commission.</li></li></ul><li>17<br />Annexation and Reserve Area Agreements <br /><ul><li>The Charter adopts the existing reserve area agreements for all suburban cities as executed by the municipal governments in accordance with Tennessee law.
  25. 25. Voter approval for annexation by the urban service district is required.
  26. 26. Annexation rights of suburban municipalities are not affected by the Charter.</li></li></ul><li>18<br />Ethics: Iron-clad Ethics Code and Independent Ethics Commission, established in the Charter<br /><ul><li>The Charter has the most stringent, binding ethics rules of any government in Tennessee.
  27. 27. Forbidden are gifts, solicitations, doing business with the government, family members doing business with government. It includes a nepotism policy and requires demonstrated integrity and professionalism.
  28. 28. The Ethics Commission is independent and oversees ethics in all Metro Government, including the constitutional officers and courts/clerks offices.
  29. 29. Currently, ethics rules are not included in either city or county charters. Council and Commissioners can alter them without a citizen vote.</li></li></ul><li>19<br />Human Resources System and Civil Service<br /><ul><li>The Human Resource System to be created by the Council, subject to safeguards listed in the Charter, requires a fair, performance based system, and in accordance with the Tennessee law, the “maintenance of an effective civil service system”.
  30. 30. Retirement benefits of all current employees are fully protected with rights guaranteed by Tennessee law “not to be impaired or diminished”.
  31. 31. The Charter requires a Chief Personnel Officer with professional credentials.</li></li></ul><li>20<br />Elected Officials<br />The Executive Branch<br />Mayor: Government’s Chief Executive Officer.<br />Term Limited to two 4-year terms<br />Makes All Appointments subject to Council Approval, required professional qualifications for all Department Directors.<br />Authorized executive staff of CAO and Deputy CAOs with required professional qualifications.<br />Mayor must report on 5 Year Strategic Plan annually to citizens of metro area.<br />Constitutional Officials<br />Sheriff, Trustee, Register, Assessor, and Metro Clerk remain, as required by state law but are subject to metro IT, Inspector General, purchasing, strategic planning and budgeting.<br />Reassigned duties for some allow for specialization, cost reduction and greater contribution of professionalism within field; such as the Trustee will have expanded role in tax, fees, and licensing collections.<br />
  32. 32. 21<br />The Legislative Branch<br />The Metro Council: Government’s Legislative body<br />Term limited to two 4-year terms. <br />Council levies taxes, makes appropriations, funds public schools, approves appointments of Mayor, contracts over a set amount, and approves MLGW rates. <br />Ineligible for office if delinquent in their metro taxes. <br /> A two-thirds vote of the Metro Council is needed to override Mayor’s veto and to increase taxes over 10 percent.<br />The Judicial Branch<br />General Sessions Court: Government’s Judicial Branch<br />The authority of today’s city courts are elevated by merging their authority with that of the current General Sessions Court . <br />All court clerks are required to use centralized metro IT and Purchasing.<br />Subject to Inspector General review and audit and Strategic Planning process.<br />
  33. 33. 22<br />Elections: Nonpartisan/Majority to Win<br /><ul><li>Elections of the Mayor and Metro Council are nonpartisan.
  34. 34. If neither candidate receives a majority, a runoff election is held. (The Commission is reviewing instant run-off voting which was approved by the citizens of Memphis.)
  35. 35. Any resignation from office is irrevocable once submitted.
  36. 36. Elections will be held on either the city odd year or county even year cycle.</li></li></ul><li>23<br />Public Safety and Protection<br /><ul><li>Law Enforcement: Mayor appointed director as chief law enforcement officer. With a countywide approach, there is shared technology including a countywide Real Time Crime Center, seamless enforcement, and much improved coordination, professional training and deployment.
  37. 37. Corrections: Elected Sheriff heads jails, court security, and warrants; adds the management of the corrections center to encourage efficiency and economy.
  38. 38. Fire Department: The Charter calls for the merger of firefighting services in city and county governments and the improvement of training and service. </li></li></ul><li>24<br />9-1-1 Emergency Communications: Centralized operations to eliminate delay and confusion<br />A seamless 9-1-1 system eliminates lost time and confusion inherent in the present set up that can threaten the safety of a person in an emergency. <br />Merges the 9-1-1 call centers into a single, professional and modernized approach that combines the five public safety answering points into one.<br />Health and Environment: Personal and Environmental Health<br />The Department of Health and Environmental Management Systems manages health services, ensures quality and sustainable environmental planning and standards, and enforces regulations for a healthy community. <br />Works with the private sector to align sustainable goals and regulations.<br />
  39. 39. 25<br />Economic Growth/Quality of Life<br /><ul><li>Economic Development Department
  40. 40. The Economic Development Department will take the lead in seeking out economic opportunities either directly or indirectly in the public and private sectors; strengthening economic, social, and environmental assets that are the keys to regional vitality and quality of life.
  41. 41. All public and contract agencies dealing with economic development coordinated in this office where they support a shared vision that is tied to the strategic plan
  42. 42. Laser-like focus on jobs! Plan of action will be aimed at business investment throughout metro area.
  43. 43. Creates a “one stop shop” for marketing our community, accessing incentives, and engaging private sector support.</li></li></ul><li>26<br />Planning and Community Development Department<br />Focus on neighborhoods and livable community. Planning and community development are merged into a single department.<br />Focus on neighborhood rebirth, sustainability, and smart growth. <br />Consolidates planning functions that are scattered in various departments of city and county government into one centralized office with an overriding philosophy and coordination. <br />Department works closely with the Strategic Planning & Quality and Economic Development Departments.<br />Neighborhoods Commission <br />Operates as the private partner to assess metro neighborhoods for livability and sustainability facilitating greater public participation in decisions affecting neighborhoods.<br />Offers potential assistance in playground design and maintenance and services improvements.<br />
  44. 44. 27<br />Parks and Community Enhancement Department<br />Countywide quality of life assets are the responsibility of the new department which will manage a network of countywide parks and recreation, Zoo, Pink Palace Museum, Botanic Gardens, and Brooks Museum of Art. <br />Such community amenities, which form a network of quality of life assets county-wide, are essential to sustainability which calls for a balance of the economic, the environmental and the social issues.<br />Office of Business Promotion <br />Promotes, facilitates and expands business opportunities for small, women-owned and minority businesses doing business with metro government.<br />Ensures streamlined access which is not artificially impeded by redundant registrations and certifications and institutes an outreach program to provide real opportunities for access and technical assistance.<br />
  45. 45. 28<br />Department of Transportation Services <br />The Charter establishes a new Department of Transportation Services which concentrates on transportation management, leading policy initiatives to maximize public private funding.<br /> Vital to Memphis: America’s Aerotropolis focused on connecting all transportation modes to deliver commerce. <br />Department of Public Works remains focused on management and design of sewers, collection and disposal of refuse working to advance regional systems.<br /><ul><li>Multimodal Commission
  46. 46. Representative of all modes to ensure unified transportation and multi-modal policies and plans exist to maximize competitive opportunities for Shelby County. </li></ul>Metro Agencies of Government<br />MATA, Port Commission, MLGW, Memphis International Airport <br />
  47. 47. 29<br />Office of General Counsel<br /><ul><li>Centralized office enhances more efficient client services and houses the Office of Compliance as a proactive quality initiative. It has the authority to issue binding legal opinions on the new government. </li></li></ul><li>30<br /> Finance & Taxation<br /><ul><li>Three Taxing Districts – General (County); Urban (City); Special (additional services)
  48. 48. As required by the state law, there are three types of taxing districts: </li></ul>A “general” taxing district which is the equivalent of today’s countywide taxing district<br />An “urban” taxing district which is today’s Memphis taxing district<br />”Special” taxing districts which may be established to accommodate specific urban-like needs of citizens in particular areas of the county.<br />Parks, recreation, and zoo; economic and job development; health and welfare; roads and traffic; jails and courts are among the general services that are funded countywide. Urban services include fire and police protection.<br />
  49. 49. 31<br />Three-year freeze on property tax rates.<br />Property taxes are frozen for the first three years of the new government. Only public emergencies or a referendum by the citizens may alter this limitation.<br />In freezing the tax rates, the new government must, from its beginning, identify and implement efficiencies such as reducing duplicative management and support services such as purchasing, finance, information technology. <br />The Trustee collects all taxes and fees to streamline existing system. <br />Debt and liabilities paid by authorizing body. <br />Bond debt created by Memphis and Shelby County will be paid by the respective Urban and General Tax Districts. <br />
  50. 50. 32<br />11. Quality Processes in the Charter<br />Sustainability planning and Malcolm Baldridge criteria are included to achieve performance applications:<br />Enables metro government to enhance service improvements while reducing costs<br />Enhances metro reputation, brand, and market attraction<br />Allow metro to attract and retain talented employees<br />Mitigates regulatory and business risks<br />Address key economic, environmental and social issues within our metro government. <br /><ul><li>Charter Review: Sunset Provisions and Mandatory Review</li></ul>Mandates a review by an independent Charter Revision Commission every ten years. <br /> Entire charter and operations of government are examined.<br />All departments and agencies of government are reviewed to ensure they have accomplished objectives, achieved their measurable goals, and demonstrated value to community. <br /> Any changes to the charter are submitted to the voters for approval.<br />
  51. 51. 33<br />Department of Strategic Planning & Quality<br />Produces the five-year strategic financial and management plan for all metro, annually measured for accomplishment, working with Department of Finance.<br />Requirements include all metro government participation in strategic budgeting, long-range planning which guides new government initiatives and short range planning to assess efficient practices and risks. <br />Prepares project revenue trends, costs of government trends, and assesses all areas for efficiency. <br />Requires citizen, vendor and employee involvement and input aligning public employees and the partners of metro government in pursuit of one vision for government.<br /> Provides data on which to manage metro government.<br />Provides citizens with assessments of their government. <br />
  52. 52. 34<br />Inspector General<br />Full-time program of evaluation and fraud prevention<br />New department reviews all internal controls to prevent waste, mistakes and inefficiency<br />Ensures accounting accuracy<br />Monitors compliance of policies and investigates contracts, grants, and agreements to prevent preferential treatment, and illegal acts. <br />The inspector general protects and supports a professional environment for all metro public officials<br />
  53. 53. 35<br />Professionalism: Required professional credentials for department heads and executive staff.<br />All department heads and executive staff are required to have professional qualifications and substantial experience<br />May be hired by contract<br />Specific professional qualifications are required for positions such as: Chief Administrative Officer, who directs daily operations; the Chief of Information Technology , to ensure the most innovative applications of technology are available to metro government to increase productivity and cut costs, and the Chief Financial Officer.<br />
  54. 54. 36<br />Intergovernmental Relations Commission<br />Will bring local governments together to work on common issues that affect the future of the metro area.<br /> Initial representatives are the metro-wide mayors, which could be expanded to include regional partnerships. <br />The mission is to build relationships of mutual trust and collaboration to resolve area-wide challenges and develop innovative solutions which protect the unique nature of each local government.<br />
  55. 55. 37<br />Transition Plan: New Government takes office January 1, 2012 –Transition Commission guides the process.<br /><ul><li>The first Mayor and Council for the new countywide government will be elected October, 2011, and will take office January 1, 2012.
  56. 56. May be extended initial terms to align with the election cycle, and if there is, subsequent terms will be four years.
  57. 57. Upon approval of the charter, a 15-member Transition Commission will be appointed by the Mayors of Memphis and Shelby County by December 2, 2010, to immediately assume the management of the transition to the new metro government.
  58. 58. The Transition budget must be approved by the City Council and County Commission to support the transition activities.
  59. 59. Public Private initiatives are specifically allowed to fund transition requirements.</li></li></ul><li>38<br />13. Suburban Cities retain all municipal powers. <br /><ul><li>The Charter does not affect or alter the rights and responsibilities of the cities of Arlington, Bartlett, Collierville, Germantown, Lakeland and Millington as municipalities of Shelby County , as they have not elected to become part of Metro Government pursuant to state law.</li></li></ul><li>39<br />14. Pending Decision:<br /><ul><li>The pending major decision still being researched is legislative districting.
  60. 60. The charter commission is working with a demographer and we expect to finalize recommendations on districting in early July.
  61. 61. Public hearings will address the representation of all citizens.</li></li></ul><li>40<br />V. What’s New?<br />
  62. 62. 41<br /> County Commission and City Council Input<br />