Thursday, July 23, 2009

On the health front, I'm going into move mode and a defense of the Mayor

Pick those jaws up, just because my T-shirt may be en route as we speak is not why I say what I am about to say.
First, I am better, thanks for asking, as I have been fighting an ear infection with antibiotics; I still hear poorly, but it's improving. It had better improve, as I am moving in with my beloved, who has decided she can endure any challenge or obstacle. Did I mention that Lauren is a saint? I digress.
As brother Ross has advised, there are SERIOUS flaws in the process for mayoral succession that the recent Charter Commission, and the City Council COMPOUNDED them with their approval of the minutes of the July 7 meeting, where they decided to accept Mayor Herenton's retirement of July 30, even though HE SENT THEM WRITTEN NOTICE OF RESCISSION.
Now, I believe he IS retiring, and retiring this year; you don't clean out your office for your health, you do it because you are leaving. He is tired of being Mayor and is ready to move on to the campaign and being in business with his son.
I do NOT for a second believe that he will leave office on July 30; I believe he will ask the Pension Board to strike that from their minutes on July 30, and submit a new letter with a new date at that time.
While the Election Commission, who should have listened to Shep Wilbun and Myra Stiles, might be able to back away from their decision to plan for a special election, it is the Council that will receive the brunt of the criticism for declaring a vacancy where none existed.
Had they listened to Harold Collins and approved his motion to delay approval of the July 7 minutes until 5:01 PM on July 30, they wouldn't be in this situation.
People I like and respect, like Myron Lowery and Jim Strickland and Shea Flinn voted for this, and I want to know why. Did you not see that you were being baited?
The Mayor was elected to serve between January 1, 2008 and December 31, 2011, and he can leave at any time, but he has the right to rescind his retirement (which is why I believe the Mayor took great pains to use the word retirement rather than resignation) under the law.
Now, if the Mayor decides to postpone his retirement a week or two, he can (and WILL, I believe) challenge the special election in court due to the fact that there was NO OFFICIAL WRITTEN NOTICE OF RETIREMENT at the time they approved the vacancy.
This hurts any and all Councilors seeking to replace the Mayor in the special election, which will take place, but not at the time previously set. Bad move, folks.
The Mayor is in the right, here, folks, whether you agree with him or not. As you know, this blog hasn't exactly been a campaign site for Mayor Herenton over the years, but fair's fair. This NEEDS to be cleared up, and people need to ensure that when it happens, an orderly transition will take place. Mayor Herenton has serious, legitimate questions that need to be answered, and this is NOT about him, it's about US and the Memphis he leaves us.


The Incredible Hulk said...

Hulk happy, eerrr, mad
Council mean to Hulk
Hulk smash council
Hulk smash Giannini
Hulk victim
Hulk righteously fight
Hulk prove white folks out to get him
Hulk think Cohen white
Not black, eerrr, Green, like Hulk
Green good
white bad
Hulk smash white folks!

Brad Watkins said...

LMAO!!!....too much

Anonymous said...

It is ALL about WWH and his desire to show power and control. You are wrong to imply the councilors should have voted differently, they took WWH at his word that he was leaving on July 30. Guess you are saying that with the mayor's record, the councilors should not have believed him?

Anonymous said...

Anon 10:00, that sounds all well and good but Herenton has no obligation to leave on the 30th and he is stubborn and prone to show all of those "haters" who is boss.

I'm not so much interested in the technicalities that the two Steves have expounded upon but I am more into practical results.

Herenton said he wants to leave. The council jumps the gun and declares a vacancy before he leaves. So Herenton is dying to show the Council who is boss. The white council members (and I am white by the way) are simply catering to their constituencies by voting for this and of course Myron has both self interest and pandering for anti Herenton votes in mind.

I am interested in Herenton leaving office so we can move on as a City. In order to get that accomplished, the Council should lie low, smile at him, and even do a little sucking up (Willie will eat it up). After his resignation is done, they can do what they want to do.

Anonymous said...

The tricky part is that if they (which they did) pass a resolution too soon, they are put on shaky legal ground (open to lawsuit if he changes his mind and wants to make a mess). But if they don't make such a resolution and he keeps stringing them along, like last year and like (so far) this year, they can't plan for an election AND meanwhile no attention is given to the non-special-election city business. The hard part is, how do you set a time limit and an election in such a circumstance.

Our city should look to the federal example: when a President becomes INCAPACITATED (e.g. has to have a medical procedure, is wounded by a sniper)there is now a line of succession as clear as there is in an actual death. We need such language in our charter, and if the mayor keeps playing us, we need to have a court declare him mentally incompetent or argue that there is a
practical vacancy in the office because no official city business is being done while the uncertainty exists.

IOW there ought to be conservatorship proceedings.

If hizzonner files suit I hope that argument is made.

I do think it's clever to say, we took you at your word that you were going, because you are an HONORABLE man and you promised your mother.

callmeishmael said...

Politics, sausage and Otto von Bismarck come to mind: so what else is new?

captainkona said...

You just keep improving, LWC. Being deprived of the ability to hear properly has a lot of very annoying by-products. Equilibrium, love music and that's frustrating as an MF.

Be well, my friend. And soon.

Tom Guleff said...

This is all politics. If Herenton wants to waste more time in fighting with the city council, there's not much you or I can do. Herenton is not specifically reacting to anyone or any action, this is how he plays the Memphis media and his loyal base (and now bloggers).

Just wait until WW Herenton goes off and baits Steve Cohen. He'll tear this town in two for the seat, because he is built to destroy and bloody his opponent - with purpose. Save your ammo and blogging skills for those times. No matter what Steve Cohen does, WW Herenton will make a federal case out of something with great legal footing. But it's all politics.