NASHVILLE -- Stripped of his volatile rhetoric about the suburbs,
Mayor Willie Herenton's proposal for a simple countywide referendum on
consolidating city and county governments has long been discussed among
policymakers.
But it would still require the long process of a state constitutional
amendment as well as a longshot political battle in the state
legislature to launch the amendment process, legislative leaders agreed
Thursday.
None would say the mayor's plan would be dead on arrival in the
Capitol. But some did say his attack on Memphis' suburban communities --
combined with his initial vagueness on the issue in a speech Wednesday
-- makes it more politically difficult, if not impossible, to pass.
"As a practical matter, it's not likely to get through this (2008
legislative) session. But it's never going to get anywhere if he doesn't
talk to us and tell us what he wants to do," said Senate Republican
Leader Mark Norris of Collierville.
Senate Democratic Leader Jim Kyle of Memphis more or less agreed,
saying he looks forward to hearing more from the mayor. "Until then I
don't think I need to be commenting. But what he is attempting to do
would be problematic in that it would impact local governments across
the state."
At issue is the "dual-majority" provision in the Tennessee
Constitution allowing city and county governments to consolidate -- but
only if a majority of voters both inside Memphis and county voters
outside the city approve it.
Herenton wants to repeal the dual-majority requirement so that only a
simple majority of voters countywide is required to approve Memphis and
Shelby consolidation.
He said he intends to "hit hard" for consolidation and the current
method is unfair: "It's not democratic. I've always believed in majority
rule. The majority of citizens in Shelby County live in the city of
Memphis ..."
Herenton's spokeswoman, Toni Holmon-Turner, confirmed that the mayor
wants to eliminate the requirement for the separate majorities. "What
they are doing is exploring what it will take to do that," she said,
adding that city officials are trying to determine if a constitutional
amendment is necessary.
But that point is clear.
Article 11, Section 9 of the state constitution says, "...such
consolidations shall not become effective until submitted to the
qualified voters residing within the municipal corporation and in the
county outside thereof, and approved by a majority of those voting
within the municipal corporation and by a majority of those voting in
the county outside the municipal corporation."
A constitutional amendment couldn't be ratified until at least
November 2010 and would require statewide approval. If it fails this
year, the earliest a constitutional referendum could be held is 2014.
House Speaker Jimmy Naifeh, D-Covington, declined to comment on the
mayor's proposal. Senate Speaker Ron Ramsey, R-Blountville, said passing
such an plan would be difficult and "you would almost be asking for more
problems."