Since 2005, this has been Smart City Consulting’s blog with the aim of connecting the dots and providing perspective on issues and policies shaping Memphis. Editor and primary author is Tom Jones, columnist, author of two books, and consultant on public policy. Smart City Memphis was called one of the most intriguing blogs in the U.S. by the Pew Partnership for Civic Change; The (Memphis) Commercial Appeal wrote that “Smart City Memphis provides some of the most well-thought-out thinking about Memphis’ past, present, and future you’ll find anywhere,” and the Memphis Flyer said: “This incredibly well-written blog sets out to solves the city’s ills – from the mayor to MATA – with out-of-the-box thinking, fresh approaches to old problems, and new ideas. If you have questions, submissions, or ideas for posts, please email Tom Jones, at tjones@smartcityconsulting.com.
This is great. The acts should not be pursued separately, but simultaneously in order to cover all the possible options and satisfy the conflicting legal requirements.
It sounds like a write of mandamus is in order.
Isn’t this the same city attorney that said the City of Memphis did not have to pay back the $57 million withheld from the city schools, but has lost both times it has come to court?
That was a drubbing. The threat of ouster, indeed.
Has Allan Wade ever told the City Council something it didn’t want to hear? Once? Ever?
Anon-
Read the opinion Wade offered. The opinion states that it is a case of either or, not both as Goins suggested. The charter surrender either needs council approval or a voter referendum according to the legal guidelines chosen. They are in conflict with each other if one attempts to merge the requirements. Wade was also intelligent enough to site the state Attorney General’s 2003 opinion on the matter which essentially arrived at the same conclusion. One could cover all the bases of future legal challenges by pursuing both actions in tandem instead of the linear process Goins directed. The election commission should prepare for a referendum immediately to ensure a February date. Meanwhile the council can proceed with their vote, and likely approval, at their next meeting.
Goin’s and Giannini’s actions simply serve to stall the referendum long enough to ensure that legislation that would create the special school district can be enacted before the vote occurs.
That is his opinion. He is not a judge only an attorney at law. Goins who is also an attorney has stated his opinion on the matter. This will end up in court which is where it needs to go.