Memphis Mayor Paul Young on Tuesday, May 12, vetoed an ordinance that would have revised the city's impasse procedure for settling contract disputes between City of Memphis workers and their employer. City Council members received notice of the veto during Council Day at City Hall, with the three-page notification delivered to Council attorney Alan Wade.
"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,'" Young wrote in the veto notification. In the same notification, he also faulted the drafting of the measure, writing: "The ordinance's circular references to unstated processes and requirements, to produce unknown/undefined documents, create an enforcement impossibility."
The City Council approved the ordinance in March by an 8-4 vote, with members agreeing that the previous rules written in 1978 had become unwieldy and counterproductive. The measure reduced a three-person arbitration panel to a single mediator who would work with both parties toward a solution. It also limited Council members' role to a straight up-or-down vote on impasse procedures and restricted impasses to budget-sensitive issues such as pay or benefits.
Sponsor JB Smiley proceeded with a third and final vote on the ordinance despite warnings from Wade, who cited the city charter's requirement for an arbitrator. An intermediary facilitates negotiations, whereas an arbitrator issues decisions based on evidence.
An override of the veto could be added to the City Council's May 26 meeting agenda. Council members would need sufficient votes to overturn Young's decision, which was communicated through the three-page notification delivered to Wade on Council Day.
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