A wise, long-time observer of the local government scene tells us how the Shelby County Board of Commissioners put themselves in position to appoint a new county mayor by changing the county charter last year.
With rumors of then-Shelby County Mayor A C Wharton’s interest in running for Memphis mayor and the inevitability of that race, it raises the question of the commissioners’ motivation to inject themselves into this important appointment.
County Commission members took action last year that put them in the current position to choose a mayor. At the time they were drafting charter change proposals related to including the sheriff and the other independently elected officials in the charter, commissioners drafted and presented to voters a change that gave the commission a major role in filling a mayoral vacancy.
Here is the charter section on mayoral succession as it stood for many years before last year’s change:
Section 3.05. County mayor–Vacancy.
If a vacancy occurs in the office of county mayor by death, resignation, removal, or disability, or otherwise, the vacancy shall be filled by the chief administrative officer until the next countywide election; provided, should the next countywide election following the vacancy be scheduled less than 45 or more than 90 days from the date of the vacancy, then the board of county commissioners shall call a special election to be held not more than 90 days after the vacancy occurs. The person elected in such special election shall take office upon certification of the results of such election and taking the oath of such office. If the chief administrative officer is unable to serve, the chairman of the board of county commissioners shall serve as acting mayor until a new mayor takes office. While serving as acting mayor, he shall not exercise the powers of his office as commissioner or chairman.
This was probably drafted back in 1974 as part of the Shelby County Government Restructure Act that created the office of county mayor, and then was carried forward into the charter that was approved in 1984. It’s possible that the new wording was put into the charter in 1984, but either way, it was in effect for many years.
It’s certain that the drafters gave the issue of the commission’s role a good bit of thought and decided it would be best if the commission did not have a major role in filling a mayoral vacancy. What’s happened with the recent appointment of the interim county mayor shows that the drafters of the orginal wording were wise in their decision.
The news media last year gave little attention to the fact that the current commissioners were acting to give themselves a greater role in filling a mayoral vacancy if the situation arose. All the attention was focused on whether the sheriff and other positions should be elected or appointed and what if any term limits should be placed on those offices.
It was a little like the magician who diverts your attention from what his real intent is.
Wait. I don’t see the smoking gun. I think there’s always been some angst around any chief administrative officer becoming mayor. I believe that’s how some folks sold it.
But, then again, I can’t fully trust the current commission with its cast of characters.
However they sold it, it was still about political self-interest and as usual, the public got the shaft. Just check out the mayor’s office to know what.
What would it matter if the charter change were different. The only thing I know is that it is usually not a bad thing to have a change when it comes to positions in office.