A recently updated city impasse procedure to settle contract disputes between City of Memphis workers and their employer was vetoed by Mayor Paul Young on Tuesday, May 12.
The bad news was delivered to City Council members during Council Day at City Hall. Council attorney Alan Wade also received the three-page notification.
In his missive, Young said the ordinance “seeks to enlarge the Council’s authority in direct contravention of the charter, which vests the mayor, solely, as the chief executive officer of the City of Memphis, with the authority to ‘administer, supervise and control all divisions, boards, agencies, offices and employees of the city.’”
In March, council members approved an ordinance that pares down a three-person arbitration panel to a single mediator. The intermediary would work with both parties towards a solution. Council members crafted to limit their role to a straight up or down vote. Impasses are limited to budget-sensitive issues like pay or benefits.
A 8-4 majority of council members agreed that the previous rules — written in 1978 — had become unwieldy and counterproductive.
At the time, sponsor JB Smiley opted to override Wade’s warnings and move ahead with a third and final vote. The legal advisor cited the city’s charter, which requires an arbitrator. Unlike an intermediary — which facilitates negotiations — arbitrators function more like judges who issue evidence-based decisions.
Young also implied that the ordinance left the administration with more questions than answers.
“The ordinance’s circular references to unstated processes and requirements, to produce unknown/undefined documents, create an enforcement impossibility,” wrote Young “The administration cannot enforce an ordinance shrouded in enigma.”
An override of Young’s veto could be added to the May 26 meeting’s agenda.
