Government

Background
In 1966 Memphis held a referendum vote accepting a new charter which changed our type of city government from a commission to a mayor-council form. This new "POP" charter provided for the election of a mayor and thirteen council members, six elected at large from throughout the city and seven elected from geographic districts. The thirteen new council members were elected in 1967, and took office in January 1968.

In 1995, the council adopted a new district plan which changed council positions to all districts. This plan provides for nine districts, seven with one representative each and two districts with three representatives each. In 1995 we began electing council members under this plan.

Separation of Powers
The United States Constitution guarantees the separation of powers. This means that the three branches of government - the Judicial, the Executive, and the Legislative - have separate functions and responsibilities. For each branch of government to preserve its integrity and independence from the others, there is a system of checks and balances among the three. These checks and balances ensure that no branch of government has power to directly control the functions and operations of any other. This important concept, basic to our system of democracy, is embodied in the Charter of the City of Memphis and is apparent in the provisions made for the Judicial, Executive, and Legislative branches of our city government.

Judicial Branch
The "POP" charter, in conjunction with the laws of the State of Tennessee, provides for a judicial branch of city government, the Memphis City Courts. Our city court system currently consists of three divisions, each presided over by a judge elected by the voters, together with a City Court Clerk, who also oversees the Traffic Violations Bureau. Between elections, vacancies in the positions may be filled through an appointment by the mayor with the approval of the City Council.

Executive Branch
Our city's mayor-council form of government provides that all administrative duties concerning day-to-day operations of city government are the duty and responsibility of the mayor. Each of the various divisions of city government has a director who is appointed by the mayor with the City Council's approval. The directors are responsible to the mayor to prepare a budget request for the council's consideration and approval. It is also the duty of the mayor to carry out the policy, laws and regulations of the city as established by the council and provided for in the City Charter and Code of Ordinances. All recommendations of the mayor in the areas of law and policy must also be submitted to the City Council for approval.

Legislative Branch
The charter provides that it is the duty and responsibility of the City Council to consider the mayor's budget request and to take final action on it which may consist of approval, rejection, or approval with amendments. Additionally, the charter gives the council the responsibility for setting the tax rate and establishing other lawful taxes and fees necessary to secure sufficient revenue to fund the budget as approved. Under the provisions of the City charter the council makes the laws that govern the city. The council also serves as an appeal board for decisions of certain city government departments and boards; for example, decisions of the Land Use Control Board are appealed to the City Council, as are decisions of the Alcohol Commission.

Council Chairman
Each summer the council elects a chairman for the next calendar year. The election is held at that time so the incoming chairman can make new committee assignments and rearrange his or her personal business to accommodate the additional time required for council business. Each new chairmanship begins the first of January.

Council rules provide that the chairman presides at all council meetings, controls the Council Chamber, and preserves order and peace. Decisions of the chairman are subject to the approval of the full council. The chairman's duties further include overseeing the operations of the council office and staff and determining personnel policies for the office. The chairman also has powers granted by the council's Rules of Procedure and Robert's Rules of Order, and so he or she decides all questions of order.

The chairman also appoints all committees each year.

Standing Committees
Like state and federal legislatures, the council accomplishes most of its work through the committee system. Usually agenda items are reviewed by the appropriate council committee at least a week before these items are brought before the full council to consider. The committee provides all council members with a clarification of the issues involved and a recommendation for action. In addition to reviewing administration proposals, a committee may also consider matters brought to its attention by an individual council member or by interested citizens. View the current Standing Committees

Executive Session
The regular City Council meeting is held on the second and fourth Tuesday of each month at 3:30 p.m. at City Hall in the Council Chambers. These meetings are immediately preceded by the Council Executive Session, which is held in the Council Conference Room, Room 501.

The Council Executive Session informs all council members of any changes in the agenda for the regular meeting at 3:30 p.m.; for example items are sometimes added to the agenda in Executive Session unless two or more council members object.

All council meetings, whether committee, executive, or regular sessions, are recorded and archived. All meetings of the council are open to the public.

City Council Business
The length of council meetings depends on the number and kinds of items on the agenda. Two hours is average, although some meetings last four hours or more, with the longest meeting being eleven and a half hours. Unless the council has a quorum present, or seven of its thirteen members, it cannot legally hold a decision making session.

The council's agenda is prepared and made available to the public no later than 5 p.m. on the Thursday preceding each Tuesday meeting. Persons having business requiring council approval are strongly urged to schedule these matters with the appropriate city division so requests reach the council through normal channels. Requests for special consideration should be avoided. Most agenda items are discussed in committee the Tuesday before they go before the full council for a vote.

There are usually three types of items on the council agenda: ordinances, resolutions and discussion items. "Ordinance" is the term applied to local laws, just as "statutes" refers to state and federal laws. To become law, an ordinance must be approved by a "constitutional majority," which is at least seven votes of the thirteen member council. The City Charter provides that "all ordinances shall be passed at three consecutive regular meetings; provided, however that on the third and final reading an ordinance may be postponed by affirmative action of the council from week-to-week or to a day certain." A roll call vote is usually taken on all ordinances on third reading.

Resolutions, though not technically laws, are nevertheless powerful writs of a legislative body. They are formal statements of decisions or expressions of opinion adopted by such a body. Resolutions require only one vote by the council, as opposed to the three votes taken for ordinances. A "simple majority" of members present and voting is sufficient to pass a resolution.

Discussion items are exactly what the term indicates?items placed on the agenda by a council member for the purpose of discussion. No final action is anticipated and usually none occurs. The matter is simply one that a member believes important enough to warrant council discussion.

The council's Rules of Procedure, as supplemented by Robert's Rules of Order, are the procedural laws for official meetings. Rules may be relaxed in committee meetings and executive sessions, but in regular council meetings they are strictly enforced. It is the duty of the chairman to ensure their enforcement. Any member may call to the attention of the chair a suspected violation of the rules by another member or by members of the audience. Persons visiting the Council Chamber and persons having business before the council are expected to abide by council rules and conduct themselves in a manner befitting their presence before a deliberative assembly.

Public hearings are sometimes held in council meetings. Law requires a public hearing on some matters, while on others the council grants a hearing. In both cases council rules require that the chairman set the ground rules for the hearing. In hearings such as zoning cases, the standard ground rules permit a total of fifteen minutes for each side's presentation of the case. The applicant is permitted to divide his or her time between initial presentation and rebuttal. Voluntary audience commentary is not permitted after the facts have been presented and council members have begun deliberations.

Voting by the council is either by roll call or voice vote. No secret votes are taken. On each item a member may vote yea or nay, may abstain, or may be recused. When a member abstains, he or she is, in effect, saying that based on the facts presented, he or she is unable to make a decision. When a possible conflict of interest exists, a member asks to be recused. This request notifies council that that member will take no part in the discussion and will not vote on that particular item. Furthermore, he or she will not in any way attempt to influence the opinion of any other member.

Under the State of Tennessee's "Sunshine Law" all council meetings are open to the public. If anyone wishes to address the council, he or she may do so by filling out a card with the council's uniformed sergeant-at-arms. At the beginning of the agenda, those filling out cards are called upon to address the council. In this way the public has an opportunity to speak directly to their elected representatives.