1-TENNESSEE TOWN & CITY/JAN. 28, 2008 www.TML1.org 6,250 subscribers www.TML1.org Volume 59, Number 2 January 28, 2008 Transfer of Electronic filing not required executive Deadline for disclosure forms extended to Feb. powers BY CAROLE GRAVES cessible nor efficient for many of our local elected officials who are re- In accordance with state law, quired by law to make this disclo- clarified local elected officials are required to sure,” said Margaret Mahery, TML file disclosure statements of con- executive director. “Many local BY CAROLE GRAVES flicts of interests with the Tennessee government offices still are not com- TML Communications Director Ethics Commission. The Commis- puterized or do not have internet sion mandated that each document access. Outside the major metropoli- The Bredesen administration is must be filed electronically by Jan tan areas, the vast majority of these expected to initiate legislation this 31. offices do not have broadband ac- session to establish a line of succes- Recognizing that not all locally cess and rely on slower dial-up sion should Tennessee’s governor elected officials have access to com- internet access. Apart from these became incapacitated while in of- puters or email, the Tennessee Mu- technology limitations, many of the fice. Currently, the state constitution does not provide provisions that nicipal League, along with the Ten- elected officials, particularly part- Currently, the state constitution defines who may become or act as governor in the event that he or she nessee county Services and its affili- time officials serving on county does not provide any provisions that is not able to perform the powers of the duties of office. ate organizations, contacted the Eth- commissions and city councils, are defines who may become or act as ics Commission to convey the hard- older citizens who are not experi- governor in the event that he or she rent Tennessee constitutional provi- Ron Ramsey, speaker of the Senate; ship it would create to meet this enced with computers and internet is not able to perform the powers and sions, laws and practices related to Jimmy Naifeh, speaker of the electronic filing requirement. communications. A large percent- duties of the office. the transfer of powers; review laws House; Adolpho Birch, former chief “Electronic filing is neither ac- See ETHICS on Page 5 The issue became a concern in and practices used by other states; justice of the Tennessee Supreme 2006 when Gov. Bredesen became and to draft legislation for the Ten- Court; Ned McWherter, former ill from an apparent tick bite. It was nessee General Assembly to con- Governor of Tennessee; Glenn NCSL outlines options for then that the administration formed sider that will ensure the continuity Reynolds, UT College of Law pro- the Governor’s Advisory Commit- of operations of the state in the event fessor; Steven Elkins, legal counsel economic stimulus package tee on the Transfer of Chief Execu- a governor were to be incapacitated. to the governor; and Kim As U.S. stocks tumble reflect- different fiscal challenges in FY tive Powers. By executive order, the The following people were des- McMillian, senior advisor to the ing the growing concern of a reces- 2008 and FY 2009, discretionary committee was established to con- ignated to serve on the committee: governor. sion, the National Conference of grants provide states with the flex- duct a comprehensive review of cur- Robert Cooper, attorney general; See GOVERNOR on Page 5 State Legislatures asked Congress ibility to address fiscal concerns to consider states’ fiscal concerns in through one-time state grant an economic stimulus package that assistance. In addition, discretion- Benchmarks Three-Star’s pathway to action was being developed. In a letter to ary grants funds help eliminate BY VICTORIA SOUTH House and Senate leadership, shortfalls in state-federal partner- TML Communications Coordinator NCSL offered options for consider- ships. ation including temporary changes State Medicaid Assistance: A Five new benchmarks are pack- in the Medicaid matching rate and freeze or increase in federal match- ing a powerful punch in revitalizing increases in discretionary funds for ing payments for Medicaid would the state’s excellence in community states. assist people who lose health care development program, Three-Star, Twenty-four states reported coverage during the economic by helping communities create and state revenues have been hurt by the downturn and complement support reach strategic goals through com- housing sector slump. At least a provided in the economic stimulus munication and action. dozen states and Puerto Rico are package to extend and increase un- “After 28 years, it was time for seeing declines in their real employment benefits. the program to receive a facelift,” estate transfer or recording taxes. Child Support Enforcement said Melinda Keifer, Department of Many states anticipated a slow- Payments: Child support payments Economic and Community Devel- down in this revenue source, but the made by noncustodial parents go opment (ECD) Three-Star program drop is even higher than expected. directly to meet the basic needs of director. “States are mandated to bal- families and children, so they are Noting the outstanding accom- ance their budgets. If the economy quickly re-circulated back into the plishments of Three-Star communi- continues to slow or takes a turn for economy. ties throughout the years, Keifer At least one city official should complete a 10-hour MTAS Elected the worse, state finances undoubt- Food Stamps Assistance: Pro- praised the benchmarking system Officials Academy as part of the Leadership Development benchmark edly will decline,” said William T. vide a temporary increase of Food for its capacity to transport partici- for the ECDThree-Star Program. Pound, executive director of the Stamp benefits for households al- pating communities beyond the A five-step Program of Work make-up, will learn how to grow and National Conference of State ready eligible for and receiving such point system into the realm of excel- guides participants through the cor- prosper while also holding on to this Legislatures.“Our recommenda- benefits. lence in action. responding benchmarks repre- fabric.” tions for the Economic Stimulus Employment Benefits: Pro- Meeting the minimum bench- sented under the headings of Plan- Benchmark II incorporates a Package are similar to those that vide temporary extension of marks in five key areas of develop- ning and Infrastructure, Community community plan for the future, with were enormously helpful to states to unemployment benefits to eligible ment will qualify communities for Development, Leadership, Eco- elements such as a land use and recover from the last economic individuals. valuable ECD incentives while nomic Development and Education/ transportation plan, which is not en- downturn of 2001. However, this Sales Tax Fairness and Sim- helping communities better prepare Workforce Development as action- forceable, but an exercise in plan- assistance came three years into an plification: Grant states the author- for future economic growth. based questions focus on strategy. ning. economic recession. We want to ity to require collections of sales tax As the initial foundation, the For example, Step One, the cre- “Communities don’t have to boost economic growth and prevent on remote sales and provide equity plan incorporates a community ap- ation of a five-year strategic plan, implement it, just put it on paper as a a downturn before it starts.” for all retailers. Sales tax simplifica- pointed Three-Star committee that is corresponds with Benchmark I, foundation for the future,” stressed NCSL Recommendations tion would provide $6.8 billion for in charge of facilitating, developing, Planning and Infrastructure, with Keifer. Discretionary Grants to the businesses and fiscal relief to the monitoring, and measuring the pro- the question “Who are we and where According to Keifer, many of States: As each state will likely face See ECONOMICS on Page 3 gram every step of the way. The do we want to go”? The develop- the components contain elements committee can be comprised of the ment of a five-year plan answers this that communities are already per- Joint Economic and Community question in depth as Three Star com- forming, from developing and main- Gael Stahl retiring from TML Development Board (JECDB) or a mittees assess the most basic data taining a community website or one broad-based formally-structured comprising their communities, ad- municipal official completing a 10- BY VICTORIA SOUTH committee formed with a chair per- dressing and documenting develop- hour MTAS Elected Officials Acad- son and sub-committee chairs. ment issues in vital areas such as emy, to meeting the State Average Long time Tennessee Town & “It can be the city mayor, the education, work force development, Graduation Rate or State Average City Editor Gael Stahl, will be retir- city’s chamber…there’s no man- business recruitment, and infra- ACT composite score (county’s sys- ing from the Tennessee Municipal dates on who manages the program, structure. tem average). League (TML) Feb. 1 after an illus- just a collective group,” said Keifer. “Assessing this minimum data The Three-Star Program itself trious 25-year run. In recognition of “We hope that this builds a dialogue is a treasure,” said Keifer. “It’s all received Interest Level recognition his dedicated and valuable service at the local level, both city and the information that makes a com- by their new partner the Tennessee to TML and the state’s municipali- county. In general, we’re just asking munity unique. Smaller cities hop- Center for Performance Excellence ties, Stahl was presented a resolu- that somebody be driving the bus in ing to maintain the integrity of who (TNCPE) in the annual Excellence tion by the TML Board of Directors order to manage change.” they are, the very fabric of their See THREE-STAR on Page 5 on Dec.