The document outlines the findings and recommendations of the Memphis-Shelby County Metropolitan Government Charter Commission regarding the restructuring of local government to enhance efficiency, reduce redundancy, and respond to community needs for better public services. It highlights the challenges faced by the current government structures, the economic opportunities for collaboration, and a proposed charter that includes stringent ethics regulations and revised governance frameworks. Key recommendations address intergovernmental relations, public safety, economic development, and the management of social services and taxation.

1. 1MEMPHIS-SHELBY COUNTYMETROPOLITAN GOVERNMENTCHARTER COMMISSIONPRESENTATION TO THE CITY COUNCIL AND THE COUNTY COMMISSION ON THECONTENTS OF THE CHARTERJune 24, 2010

2. 2“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.” City and County Resolutions Creating the Metro Charter Commission (September 2009)

3. 3Who We AreHow We OperatedWhat We LearnedCommission RecommendationsWhat’s NEW?Council and Commission Input

4. 4Who We Are/Introductions: Members of the CommissionChair: Julie Ellis, Memphis, Attorney-Butler, Snow, O’Mara, Stevens & Cannada, PLLCVice Chair: Andre Fowlkes, Memphis, Executive Director Small Business ChamberSecretary Treasurer: LouEtta Burkins, County (Unincorporated) Project Engineer-Global Trade Services, FedExDamon Griffin, Memphis, Assistant District Attorney GeneralJ.W. Gibson, Memphis, County CommissionerMayor Richard Hodges, Millington, Mayor of MillingtonLinda Kerley, Collierville, Former Mayor of ColliervilleBilly Orgel, Memphis, Business Owner, Tower VenturesChris Patterson, Germantown, Attorney-Wiseman Bray, LLCRichard Smith, Memphis, Managing Director, Life Sciences, FedEx ExpressJim Strickland, Memphis, City Council and Attorney-Kustoff & Strickland PLLCCarmen Sandoval, Memphis, St. Jude Children’s Research HospitalRev. Randolph Meade Walker, Memphis, Visiting Professor, LeMoyne-Owen College, Pastor, Castalia Baptist ChurchRufus Washington, County (Unincorporated) Retired US Marine, FedEx Ground and President of Southeast Shelby County CoalitionRev. Ralph White, Memphis, Pastor Bloomfield Full Gospel Baptist Church, Chairman Memphis Law Enforcement Review Board

5. 5How We OperatedEstablished Commission Values:

6. Inclusion

7. Efficiency

8. Integrity

9. Innovation

10. Service6Established Charter Commission Work:

11. Executive Committee and 12 Task Forces

12. Guided by Tennessee Constitution Article XI, Section 9 and Tennessee Code Annotated Section 7-1-101 et seq.Charter Commission Task ForcesTransportation and Utilities: Airport, Port Commission, MATA, Highways and Bridges, Engineering, Public Works, MLGW, Other Authority/Boards/CommissionChairman - Richard Smith, Members: Julie Ellis, Damon Griffin, Assistant County Attorney - Carter GrayCommunity 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/BioworksChairman - Billy Orgel, Member(s) – J. W. Gibson and Jim Strickland, Assistant County Attorney - Robert RolwingHealth: Health Department, Child Care, EMS, The Med, Environmental Health, The Health Loop, Medical ExaminerChairman - Carmen Sandoval, Member(s) – Ralph White, Rufus Washington, Assistant County Attorney - Janet ShipmanPublic Safety: Fire, Police, Homeland Security, 9-1-1, relationships with Federal/State Offices operating in Shelby CountyChairman - Rufus Washington, Member(s) – Mayor Richard Hodges, J.W. Gibson, Assistant County Attorney - Craig WillisFinance 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 ChargesChairman- J.W Gibson, Member(s) –LouEtta Burkins, Billy Orgel, Linda Kerley, Assistant County Attorney - Thomas Williams, Marcus Ford, Sr., George GrahamIntergovernmental Relations: Government Services to municipalities, urban and general services taxes, Annexation and reserve areas, intergovernmental agreements, and state governmentChairman – Richard Hodges, Member(s) –Jim Strickland, Linda Kerley, County Attorney - Brian Kuhn7

13. Central Support Services: Motor Pool, Property Maintenance, IT/Computer Networks, Public Relations, Purchasing, Building Security, Printing, General Counsel/legalChairman – Damon Griffin, Member(s)–LouEtta Burkins, Billy Orgel, Richard Smith, Assistant County Attorney - Lisa KellyLegal and Judicial: Attorney General, Public Defender, Pre-Trial Services, Juvenile Court, City Courts, City and County Attorneys, Divorce RefereesChairman - Chris Patterson, Member(s) – Damon Griffin, Assistant County Attorney - Christy KinardAmenities 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)Chairman – Andre Fowlkes, Member(s) – LouEtta Burkins, Rev. Ralph White, Assistant County Attorney - John RyderHuman Capital and Customer Service: Human Resources, Civil Service System, Employee Benefits, Pension, Innovation, Website and public assistance centersChairman – Linda Kerley, Member(s) – J.W Gibson, Carmen Sandoval, Assistant County Attorney - Kelley ThomasCode of Ethics: Develop a code that will be included in the Charter applicable to all governmental bodiesChairman - Meade Walker, Member(s) – Chris Patterson, Julie Ellis, Deputy County Attorney - Danny PresleyLegislative Representation: Develop approach to governmental representation including districts, partisan elections, terms- including staggered and whether term limits applyChairman - Jim Strickland, Member(s) – J. W. Gibson and Chris Patterson, Assistant County Attorney - Christy KinardExecutive 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.Jack Payne, Jr. and Christy Kinard represented all Task Forces and Executive Committee.8

14. 9Established Benchmark Cities and used others to evaluate effective governments and their charter authority: Charlotte (functionally consolidated)Established our Commission Timeline

15. 10Charter Commission Timeline

16. 11What We LearnedThe two government structures impede cooperation and collaboration with one another to reduce duplication of government services.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. 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.

17. 12THE HARD FACTSThere are clear signs that we have to do things differently…Over 10 year period:Shelby County lost 47,674 individuals and $1.9 billion in income

18. Shelby County lost 20,000 households and $1.2 billion in income to MSA counties

19. Memphis MSA has lost 2,530 households and $162 million in income to Nashville.

20. Of 363 MSAs, we rank #318 in income in-migration; Nashville was #10 13The Memphis region’s ranking compared to three benchmark cities Nashville, Jacksonville, Louisville, and Birmingham, Charlotte, Richmond, Oklahoma City, and Raleigh:Population Growth -- #6 Poverty -- #1 Per Capita Income -- #8 Women in management -- #8 Minorities in management -- #1 Bachelor’s degree -- #7 Percentage with High School degree -- #8 At risk youth -- #8

21. 14Why Does Government Cost LessRight Down I-40?Our two governments spend $31 M a year for information technology - Nashville spends $14.5 MOur two governments spend $19 M a year for attorneys-Nashville spends $5MOur two governments spend $12M a year for human resources department - Nashville spends $4.2MCombined tax rate for Memphis and Shelby County is the highest in the state at $7.22 - Nashville’s is $4.13

22. 15TAKE AWAYSWe are competing with each other when we need to be competing with other communities for business. The demand by our citizens for “no excuses” public services already exceeds our capacity and citizens are “voting with their taillights”.The time expended by everyone to accommodate the “two government process” represents money wasted and opportunity lost. Time is something you never get back.

23. 16Commission RecommendationsEducationSchool 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. 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.17Annexation and Reserve Area Agreements The Charter adopts the existing reserve area agreements for all suburban cities as executed by the municipal governments in accordance with Tennessee law.

25. Voter approval for annexation by the urban service district is required.

26. Annexation rights of suburban municipalities are not affected by the Charter.18Ethics: Iron-clad Ethics Code and Independent Ethics Commission, established in the CharterThe Charter has the most stringent, binding ethics rules of any government in Tennessee.

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. The Ethics Commission is independent and oversees ethics in all Metro Government, including the constitutional officers and courts/clerks offices.

29. Currently, ethics rules are not included in either city or county charters. Council and Commissioners can alter them without a citizen vote.19Human Resources System and Civil ServiceThe 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. Retirement benefits of all current employees are fully protected with rights guaranteed by Tennessee law “not to be impaired or diminished”.

31. The Charter requires a Chief Personnel Officer with professional credentials.20Elected OfficialsThe Executive BranchMayor: Government’s Chief Executive Officer.Term Limited to two 4-year termsMakes All Appointments subject to Council Approval, required professional qualifications for all Department Directors.Authorized executive staff of CAO and Deputy CAOs with required professional qualifications.Mayor must report on 5 Year Strategic Plan annually to citizens of metro area.Constitutional OfficialsSheriff, 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.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.

32. 21The Legislative BranchThe Metro Council: Government’s Legislative bodyTerm limited to two 4-year terms. Council levies taxes, makes appropriations, funds public schools, approves appointments of Mayor, contracts over a set amount, and approves MLGW rates. Ineligible for office if delinquent in their metro taxes. A two-thirds vote of the Metro Council is needed to override Mayor’s veto and to increase taxes over 10 percent.The Judicial BranchGeneral Sessions Court: Government’s Judicial BranchThe authority of today’s city courts are elevated by merging their authority with that of the current General Sessions Court . All court clerks are required to use centralized metro IT and Purchasing.Subject to Inspector General review and audit and Strategic Planning process.

33. 22Elections: Nonpartisan/Majority to WinElections of the Mayor and Metro Council are nonpartisan.

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. Any resignation from office is irrevocable once submitted.

36. Elections will be held on either the city odd year or county even year cycle.23Public Safety and ProtectionLaw 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. Corrections: Elected Sheriff heads jails, court security, and warrants; adds the management of the corrections center to encourage efficiency and economy.

38. Fire Department: The Charter calls for the merger of firefighting services in city and county governments and the improvement of training and service. 249-1-1 Emergency Communications: Centralized operations to eliminate delay and confusionA 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. Merges the 9-1-1 call centers into a single, professional and modernized approach that combines the five public safety answering points into one.Health and Environment: Personal and Environmental HealthThe 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. Works with the private sector to align sustainable goals and regulations.

39. 25Economic Growth/Quality of LifeEconomic Development Department

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. 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