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More Charter Chat On Tap Today
BILL DRIES |
The Daily News
March 19, 2008
Shelby County Board of Commissioners members appear on their way to an
August countywide vote on charter changes that would leave five offices
elected, but term-limit the elected officials and make them part of the
charter as opposed to offices with duties now defined by the Tennessee
Constitution.
Commissioners meet again today to continue their discussion about the
offices of sheriff, register, trustee, assessor and county clerk. Their
decisions in committee go to the full commission April 14 for the first of
three readings. The terms of the referendum are expected to be the object of
intense debate and probably some changes even after the first reading.
The charter change discussions and referendum are the result of a 2007
Tennessee Supreme Court ruling in a Knox County case that held the five
positions do not have to be elected under Knox County's charter. Shelby
County government has the same kind of charter.
All but two of the 13 commissioners were present Monday when the committee
recommended keeping the sheriff's office an elected position with a limit of
three four-year terms and the authority to file salary petitions with the
courts if pay raises or positions are denied by county government.
Sheriff Mark Luttrell said he was pleased by the recommendation and
concerned about keeping the salary petition option.
"I do think that there needs to be some method for an elected official to
appeal a legislative act," he said.
The committee voted to meld proposals by Commissioner Sidney Chism and
Commission Chairman David Lillard, keeping all five positions elected but to
positions established in the county charter, not the state constitution.
It's a
technical but important change that would end the budgetary independence all
five offices now enjoy under terms of the Constitution.
"I think it's a consensus opinion that we need to elect these offices,"
Chism said at the end of Monday's session.
Actions and consequences
But at least in the case of the sheriff, the others parted ways with Chism,
who opposes term limits - even the two-term limits that now apply to county
commissioners and the county mayor. Chism was elected to the commission in
2006 over a term-limited county commissioner who ran despite a court ruling
upholding the legality of such limits.
"The last time we had a vote on term limits, we had virtually no discussion
about it. It hit the ballot and it was approved," Chism told The Daily News
after the meeting. "Nobody understood the consequences of it. I'm a
recipient of that. But I didn't think it was right at the time and I thought
the commissioners at the time dropped the ball on it."
Commission Chairman David Lillard offered a proposal permitting all five
offices to remain elected but with term limits. Lillard said public reaction
to the idea has been positive and widespread.
"If it's good for the mayor and it's good for the commissioners, it's good
for everybody else who holds major offices as well," Lillard said. "Eight
years is a long enough time for most things that a person would want to
accomplish."
Other commissioners, though, felt that the sheriff should be limited to
three four-year terms.
Lillard also favored giving the sheriff the authority to file salary
petitions but none of the other positions.
"This right ... does not necessarily mean a right exactly like the one
that's in current state law," he said, adding it would be "a higher standard
rather than just a preponderance of the evidence."
Politicking to beat the band
Commissioner Deidre Malone proposed making all five positions appointed jobs
filled by the county mayor, but got only two other votes for the idea -
Commissioners Steve Mulroy and Henri Brooks.
"Our current form of government, in my opinion and others, is
ill-structured," Malone said. "For me, this is about how can we still have a
better form of government when it comes to efficiency? If we are allowed to
appoint, in my opinion, it will give us an opportunity to do some of those
things that will make our county government more efficient and I think
that's the direction we should move in."
Mulroy favors appointing the county clerk and register. He said the five
positions under discussion are now selected based on "name recognition and
fundraising ability and political connections."
"The county clerk and register of deeds are primarily administrative and
ministerial positions - not a lot of broad policy-making discretion - not a
lot of Democratic versus Republican ways of looking at those positions,"
Mulroy said.
Commissioner Mike Ritz favors appointing the county clerk, the register and
the trustee.
"There would be no way that the register and the clerk and the trustee would
even be close to being elected," Ritz said as he talked of only electing the
top five administrative positions in county government. "I'm talking about
people who've got broad responsibility over a lot of jobs."
And Ritz said whether elected or appointed, the offices should be brought
under the budget control of the county administration.
"We've had elected officials buy computer systems and software that are
difficult or impossible to coordinate with the county system. It isn't just
these guys. It's some of our court clerks," Ritz said before talking about
the late County Trustee Bob Patterson, who was close friends with Ritz. "Bob
had serious problems with the county administration from time to time.
Lawsuits were filed over penny ante little things just in order for people
to make it look like they were doing their job and whatever."
