So, now, Memphians will see if they have put the foxes in charge of the henhouse.
That’s because the Memphis City Council now holds the checkbook and can pay itself whatever salary it wants. The new authority and power result from passage of the recent referendum by Memphis voters, launching a new era for City of Memphis government.
The new clout appears to be part of the latest power play devised by Council Chair J.B. Smiley, aided and abetted by City Council attorney Allan Wade, to blur the lines between the executive and legislative branches of city government and tilt more power to the Council.
If anything, Mr. Smiley is known for his hubris and raw ambition and Mr. Wade knows how to keep his term-limited clients happy as they come and go while he serves in his appointed position for more than 30 years.
Fortified by Mr. Wade’s predictable supportive opinions, Mr. Smiley has persistently argued that City Council is an equal branch of city government although his efforts have been to make the legislative branch more equal than the executive one.
That was the result of the referendum.
More Politicization of Salaries
There is no argument that American democracy is built on the concept of equal branches of government, but it is a fragile balance of powers that in Memphis has been slanted by the referendum to firmly inject the legislative branch into the authority of the mayor.
There is also no argument that when city government was restructured in 1968, it was decided that Memphis would have a strong mayor-Council form of government. In that way, this shift in charter powers is not mere political gamesmanship, but a specific alteration in how the mayor’s office was established and operated for the past 56 years. That’s because Council members can now set salaries of key people, including deputy directors for the first time, in the administration of Mayor Paul Young.
The result more overtly politicizes the setting of salaries for directors and deputy directors. These are officials who should be resolutely focused on delivering the Young vision for Memphis but now must also respond to the political wishes of 13 Council members.
It’s not like Council didn’t have a voice before. Before passage of the referendum, the City of Memphis charter said City Council had the ability to “determine the salaries of charter officers, chiefs and directors during the approval of the budget annually.” This was significant power since the legislative branch has final approval of the budget and its line items.
It seems that because of the referendum, the legislative branch could now possibly act on a largely unilateral ability to set salaries for many of the most important positions of the executive branch and to do it outside of the budget process.
And it’s possible that Council decisions on salaries will not be determined by salary studies or even job performance reviews. Instead, it is easy to imagine that salaries will be influenced by how well an administrator kisses the Council’s ring and does what it takes to keep them happy.
A Clever Political Maneuver
Previously, the city charter stated:
The salary of the City Council shall be equal to the salary and expenses as set for the Shelby County Commission upon approval by a majority of the qualified voters voting thereon.”
Voters changed the link between county and city legislative branches when they voted yes with 70.4% of the 165,803 Memphians who voted on Ordinance No. 5893, which said:
| “Shall the City of Memphis Charter be amended to authorize the City Council by ordinance to fix and determine the salaries of the Mayor, City Council, Chief Administration Officer, and Appointed Directors and Deputy Directors?’
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City Council cleverly embedded the salary-setting referendum in the midst of several questions calling for smarter gun control restrictions and one setting a runoff for the mayor’s election. The political calculus was that voting to support more Council power would come easier after voting yes for these heavily supported and much more publicized gun referenda.
At this point, in the wake of the referendum passage, there are more questions than answers about what comes next.
Now Filling In The Blanks
The prime question is whether City Council will clarify their expectations and adopt rules that encourage public confidence. Armed with a referendum question that is open-ended, Council members have an obligation to offer taxpayers their interpretation. Taxpayers have a right to expect transparency and accountability.
For example, how about a clear policy that states that the current Council will only set salaries for the next City Council members and not for themselves? This is what the Shelby County Board of Commissioners does and it eliminates any double-dealing as existing members benefit from hikes to their own salary during their terms of office.
Then, too, how about a policy that promises that City Council will not raise its salaries more than once every four years? Some have said that the referendum language allows the Council to increase its salary every year if they desire. The public needs a benchmark and a vote once in four years seems more than reasonable.
How about a policy that the current Council salaries will not be changed until the end of this term of office when the present members set it for the next Council? After all, everyone on the Council ran for office knowing what the salary for the part-time job would be – $37,808.42 for members and $39,975 for chairperson. In support of the part-time jobs, there are 19 staff members who handle research, constituent services, and brief members on agenda items.
Getting Serious About Ethics
With its new power, it’s an appropriate time for City Council to demonstrate that it’s going to get serious about enforcing city government’s code of ethics.
City of Memphis code of ethics prohibits employees from accepting, directly or indirectly, “any money, gift, gratuity, or other consideration or favor of any kind other than the city.”
It also specifically prohibits Council members from soliciting or accepting, “on behalf of himself or any member of the employee’s household, any gift, including but not limited to any gratuity, service, favor, food, entertainment, lodging, transportation, loan, loan guarantee or any other thing of monetary value.”
The way these ethics rules have been routinely ignored by some members brings into stark relief the way they were used in what in retrospect was an obvious hit job on Councilwoman Michalyn Easter-Thomas earlier this year, leading her to resign from a job as an employee of Memphis River Parks Partnership although her salary was not paid from city funding.
If Memphis City Council is poised to exercise new powers that were not envisioned in the city charter but are now added as a result of the referendum vote, it’s also time to get serious about the City of Memphis Code of Ethics.
If the Council can get a legal opinion from Mr. Wade that members can somehow sidestep these clearly stated ethics rules about accepting gratuities and gifts, they should pass a new policy that requires each City Council members to report all sources of income but not amount and all perks they receive, including source and value. Reports have circulated for years about the Council receiving free tickets from the Grizzlies, University of Memphis football and basketball, Memphis in May, Zoo Rendezvous, and more. A transparent report would put the rumors to rest if they are not accurate or ensure public transparency if they are.
A New Brand of Leadership in ‘25
In only a few weeks, the Mr. Smiley’s saber-rattling and personality-driven brand of chairmanship will give way to new Chairman J. Ford Canale. This will likely usher in the year of sober, serious leadership the Council needs.
Hopefully, as part of his leadership, priority will be given to interpreting the terms of the Council’s referendum victory, setting in place guardrails and rules to assure the public that its members are thoughtfully considering how to wield this new power. Most of all, it will be encouraging if the “stick it to the administration” attitude ends along with Mr. Smiley’s chairmanship.
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