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Capitol View Commentary: Friday, September 18, 2015

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CAPITOL VIEW

By Pat Nolan, Senior Vice President, DVL Seigenthaler, a Finn Partners Company

September 18, 2015

THE TRANSITION BEGINS; A FINAL LOOK AT THE RUNOFF; INSIDE POLITICS LOOKS AT EDUCATION ISSUES; THEY WANT SOMETHING PASSED; ANOTHER GOP DEBATE; THE NEXT TWO WEEKS

THE TRANSITION BEGINS

I am not aware of any local government in the nation which gives its new mayor just two weeks to make the transition from candidate to being the chief executive in charge of running a major American city. It’s probably something that needs to be addressed in the Metro Charter which was originally drafted in the early 1960s. Back then, Metro held both its general and runoff elections within the same month (August) and then had the new mayor and council take office even more quickly on September 1.

The election process has gotten extended a bit in recent years to accommodate early voting, a brief new voter registration period, time to mail out absentee and military ballots, etc. Maybe we need to extend the transition periods for new mayors too so they can have some time to reflect a bit and plan before officially taking over Metro government. However, exactly what that change in the transition period should be I have no firm proposal or timetable to suggest. It just feels way too short being only two weeks long.

But Mayor-Elect Megan Barry isn’t complaining. She doesn’t have time. She has announced a 40-member plus Transition Committee featuring two former general election opponents who later endorsed her in the runoff. Attorney Charles Robert Bone is chairing the panel and another former mayoral candidate Criminal Court Clerk Howard Gentry is also serving along with a diverse, cross section of city leaders, campaign aides, business and non-profit executives (of course all of them Barry supporters).

People always want to know who “the insiders” are with a new mayoral administration. Well, if you are listing names, you can start with this group:

• Kasar Abdulla – Director of Community Relations, Valor Collegiate

• Samar Ali – Attorney, Bone McAllester Norton

• Cristina O. Allen – Management Adviser, Compass Executives

• Leon Berrios – Director of Immigration and Legal Affairs, Hispanic Family Foundation

• Charles Robert Bone – Chair – Entrepreneur and attorney, Bone McAllester Norton

• Brian Brockman – Nashville Fire Department

• Dave Cooley – Principal, Cooley Public Strategies

• Rev. Dr. Judy Cummings – Pastor, New Covenant Christian Church

• Glenn Farner - Business Manager and Secretary-Treasurer, Southeast Laborers' District Council

• Beth Fortune – Vice Chancellor for Public Affairs, Vanderbilt University

• Ben Freeland – Owner, Freeland Chevrolet Superstore

• Hon. Howard Gentry – Criminal Court Clerk

• Don Hardin – Owner, Don Hardin Group

• Ed Hardy – Co-chair, Music City Council

• Clay Haynes – Managing Member, Oak Tree Properties

• Henry Hicks - President & CEO, National Museum of African American Music

• Claudia Huskey – Ex-officio – Campaign Manager, Megan Barry for Mayor

• Shannon Hunt – President & CEO, Nashville Public Education Foundation

• Milton Johnson – Chairman & CEO, HCA

• Tom Jurkovich - Vice President of Strategic Communications and External Affairs, Metro Nashville Airport Authority

• Kristine LaLonde – Mayor’s Office of Innovation

• Debby Dale Mason - Chief Community Development Officer, Nashville Area Chamber of Commerce

• David McMurry – President-elect, Madison-Rivergate Chamber of Commerce

• Stuart McWhorter – CEO, Entrepreneur Center

• Breonus Mitchell – Pastor, Greater Grace Temple Community Church

• Hon. Betty Nixon – Former Vice Chancellor for Community Relations, Vanderbilt University

• Bill Phillips – Principal, Windrow Phillips Group

• Hon. Phil Ponder – former Metro Council member

• Avi Poster – Community Activist

• Rich Riebeling – Ex-officio – Metro Finance Director

• Carolyn Schott – Attorney, Sherrard & Roe

• Walter Searcy – Attorney

• Pat Shea – CEO, YWCA of Nashville & Middle Tennessee

• Stephanie Silverman – Executive Director, The Belcourt

• Keith Simmons – Attorney, Bass Berry & Sims

• Renata Soto – Executive Director, Conexion Americas

• Hon. Edith Taylor Langster – Former Metro Council member

• Frank Trew – President of Hip Donelson

• Katy Varney – Partner, MP&F Public Relations

• Hershell Warren – Former Senior Adviser to Mayor Karl Dean

• Grant Winrow – University Relations & Development, Tennessee State University

• Hon. Brenda Wynn – Davidson County Clerk

The Transition Committee will meet together (and perhaps in smaller groups I’d guess) over the next few weeks to do its work. And the major tasks Mayor Elect Barry is asking them to address are both immediate and potentially far reaching…

• Ensuring a seamless transition from a Dean Administration to a Barry Administration and making certain that there is no disruption in the business of the City.

• Identifying and prioritizing policies, opportunities and challenges that are important to the City and that have been discussed throughout the campaign.

• Evaluating and making recommendations concerning the organizational structure of the Mayor’s office.

• Identifying potential candidates for key governmental positions, including the various upcoming Metro boards, commissions and agencies openings.

To translate what all this might mean, I’d say it might be after Mayor-Elect Barry takes the oath of office next Friday (September 25) before some of her most critical appointments are announced. That would include Finance Director, the only Metro department chief who serves completely at the mayor’s pleasure. I still think current finance chief Rich Riebeling (an ex-officio member of the transition team) is the odds-on favorite to stay in that post. But that actual appointment may wait until the full transition group has a chance to review and more or less bless it.

The same is likely true for the Metro Legal Director, a position which due to somewhat unfortunate court ruling many years ago, the Mayor can fill (hire) but can’t fire during his/her four year term (which runs concurrent with the mayor’s)

It’s clear you want to get these appointments right, and take your time if necessary. That’s particularly true as well when it comes to your top office staff. Mayor-to-be Barry has indicated she likes the

mayoral office model used in Boston that apparently features a COO. She’s also promised to appoint a Transportation Czar in her office and reorganize the existing Mayor’s Office of Neighborhoods. So, again, it is likely politically important for the new Mayor to take the time she needs, and have her governing thoughts about how to structure her office reviewed (and who to hire) reviewed and blessed by an outside group (of supporters).

So for the first couple of weeks, while these key appointments and the office structure are still works in process, look for the mayor’s office to be staffed enough to function (answer the phone, monitor the e-mail, etc.) so things can still get handled, but maybe not a lot more than that.

I must say the second charge to the Transition committee (to identify and prioritize policies, opportunities and challenges that are important to the city as discussed during the campaign) could be fascinating to read once recommendations come back. Although it could just be rehashed political mush and talking points. Also watch what the transition group and how it handles its last mayoral charge of “identifying potential candidates for key governmental positions, including the various upcoming Metro boards, commissions and agencies openings.” That’s potentially much broader and ongoing than just the initial key appointments a new mayor must make.

Meanwhile Mayor Elect Barry may be developing a bit of a Williamson County problem. One of her first major appearances this past week was to speak to a Chamber of Commerce monthly membership session in Williamson County. Her appearance wound up being cancelled because of a schedule conflict. Nobody seemed to have their feathers ruffled about that, but the location of the event was a bit unfortunate.

You will remember during the runoff election, Barry was quite critical of her opponent David Fox for going over to Williamson County to get the endorsement of state Republican lawmakers from that county. Now she is in a budding battle with one of those same lawmakers (State Senator Jack Johnson). He is filing legislation to void a recent city charter change approved by Nashville voters (a 58% majority) to impose a local hire requirement on all large city construction projects.

Johnson says this is a state matter and local governments should not be setting just requirements. Mayor Barry strongly supports the 40% local hire requirement and says Johnson’s legislation as “unfortunate.”

Regional cooperation and planning are platitudes officials in this area always say they support especially in areas such mass transit. But Davidson and Williamson Counties are also rivals in many ways and near polar opposites in their Democratic versus Republican politics. The most recent last second snub by the Williamson County’s Schools Director Mike Looney to decline a similar post with Metro Schools (after first signing a letter of intent) probably didn’t help matters either in terms of the rivalry and what Mayor Barry faces as she transition into her new job.

The Metro runoff election returns were certified by the Election Commission this morning (Friday) paving the way for Mayor-Elect Barry, Vice Mayor-Elect David Briley and the new Metro Council to be sworn into office next Friday (September 25) at 2:00 p.m. The ceremony is open to the public and will be held at Public Square Park in front of the Metro Courthouse. Many of those who won their posts in the August general election have already taken the oath of office but this will be official ceremonial event…and quite an historic one for our city.

A FINAL LOOK AT THE RUNOFF

I still have not seen an exact precinct breakdown of the Metro Mayor’s runoff race. But from what I’ve read and been told by those who have seen and studied the voter breakouts, here are my thoughts.

I said from the beginning of the runoff (especially given the race’s partisan tone) that as the perceived Democratic candidate, Megan Barry would defeat David Fox if she could get the traditional Democratic vote to turn out. While there seemed to be lots of reasons to doubt that (and I wavered myself a few times given THE TENNESSEAN poll and the geographic turnout of the early vote) Barry did her vote out in her base areas of the inner city (Belmont, Hillsboro, Vanderbilt, Green Hills and historic East Nashville) and she carried minority areas, if not with huge turnouts, at least by President Barack Obama-type margins of 90% to 10% or 80% to 20%.

Her ability to do all that likely also accounts (at least in part) for her unexpectedly large margin of victory of more than 10% or 11,000 votes.

You can read more about the vote and see how it looks geographically across the county by clicking here

INSIDE POLITICS LOOKS AT EDUCATION ISSUES

It’s been a busy time in Nashville with the recent city elections. But another full-time news beat inside Metro Government and in the state as well, is education. Our guest on INSIDE POLITICS this weekend is Andrea Zelinski. She was just named News Editor of the NASHVILLE SCENE. Nobody knows education issues better than her does, and so we’ve got lots to discuss!

INSIDE POLITICS can be seen several times each weekend on NEWSCHANNEL5 PLUS. Those times include 7:00 p.m. Friday; 5:00 a.m. & 5:30 p.m., Saturday; and 5:00 a.m. & 12:30 p.m. on Sunday. THE PLUS is on Comcast Cable channel 250, Charter Cable channel 182 and on NEWSCHANNEL5’s over-the-air digital channel 5.2. Again for those who can’t see the show locally or are from out of town, you can watch it live with streaming video on NEWSCHANNEL5.com.

THEY WANT SOMETHING PASSED

Ever since the U.S. Supreme Court ruled that same sex marriage is legal in all 50 states, including Tennessee, GOP lawmakers and some religious and conservative activists have been trying to figure out how to do something to counter or overturn that decision in this state.

To that end, lawmakers say they are introducing the “Tennessee Natural Marriage Defense Act” which says; “Natural marriage between one man and one woman as recognized by the people of Tennessee remains the law in Tennessee, regardless of any court decision to the contrary. Any court decision purporting to strike down natural marriage including (a recent U.S. Supreme Court decision) is unauthoritative, and of no effect.”

Supporters say they want the Tennessee Attorney to defend the act if passed. Over 400 folks showed up Thursday at the State Capitol for a rally in support of the proposal (and other hot-button issue they are upset about). Over 40 lawmakers were there too along with “relative” celebrities on the marriage issue, the father of GOP presidential candidate Senator Ted Cruz and the husband of the Kentucky County Clerk who went to jail briefly rather than violate her religious beliefs by signing marriage licenses for same sex couples.

That kind of support will put some heat on the Republican Super Majority to pass the bill when the General Assembly returns to Nashville in January. That in turn could put some heat on Governor Bill Haslam if the measure winds up on his desk. Is he and his administration already studying what to do, so like the privatization proposal he’s also studying, he can decide if it’s a good idea to sign it rather than veto the measure or let it go into law without his signature?

Either way it is highly unlikely the Tennessee law would ever be found constitutional. This has been debated and discussed several times before over tariffs, health care, even slavery and states right. Federal law and court rulings trump local and state law and court decisions. This is another effort to “nullify” federal laws, court rulings, actions, decisions or policies that some in the states don’t like. I am not a judge or a lawyer, but my reading of American history indicates this may amount to “doing something” but it won’t make any difference on the issue at hand, especially to stop the issuance of same sex marriage licenses in Tennessee.

ANOTHER GOP DEBATE

To protect my professional reputation as a political analyst I felt I had to watch the latest GOP presidential candidate debate Wednesday night. But I must confess I couldn’t endure the whole 3-hour, 16 candidate ordeal. As the preacher once told me, the mind can only absorb what the seat (and the bladder) can endure.

Three hours is way too long. And these candidates are so quarrelsome they really made the 7 candidates running for Nashville mayor look like saints (of course the local runoff election law here probably kept them more civil). Still the bickering (edged on in some ways by the questioning) reminded me of quarrelling children who after a while as a parent, you no longer remembered who started the disputes or even what it’s all about, you just want it to stop, now. I also wondered if all these Republican candidates actually belonged to the same party.

The latest Rasmussen poll out today (September 18) says the outsiders (the non-elected officials) are still benefiting from debates like these and all the anger in the electorate (especially in the GOP). It’s Dr. Ben Carson (59%), Donald Trump (58%) and Carly Fiorina (41%) who are seen by Republican voters as the ones most likely to win the GOP nomination next year. Meanwhile 54% of Rasmussen poll respondents found the more mainstream GOP candidate, former Governor Jeb Bush to be unlikely to win the Republican nod.

But in that regard, there is a late report today (THE TENNESSEAN, September 18) that legendary Tennessee political consultant Tom Ingram has been hired as a paid advisor to the Bush campaign. Ingram told the paper his work will include helping selecting Bush delegates for Tennessee and states for their upcoming primaries. Tennessee’s vote is March 1, 2016.

Tom Ingram has a lot of experience in pulling Tennessee campaigns for GOP candidates out of the ditch and putting them on the road to victory (ask Fred Thompson and Bob Corker). The Bush Campaign might seek that kind of help from Ingram too. It looks like Jeb! could use it.

THE NEXT TWO WEEKS

I have a different schedule the next two weeks.

I am on Metro jury duty next week, so depending on how long that lasts, I may not be able to produce a Capitol View column next Friday (September 25). If I am done or dismissed early in the week, I will try. That’s about all I can say, although I will be observing the jury duty experience (my second) to see what it offers in terms of column fodder material (without violating the privacy of jury deliberations, of course).

We will be airing an encore INSIDE POLITICS show next weekend (September 25-27). It does concerns a very newsy topic, Pope Francis’ trip to America. We will be re-airing my interview with the Catholic News Services Director and Editor in Chief Tony Spence. He is joined by Rick Mussachio, the Communications Director for the Diocese of Nashville and Editor of THE TENNESSEAN REGISTER Catholic newspaper.

We taped and aired this show back in August. This week we will see how accurate we are in predicting what issues and topics the Pontiff will discuss during his visit, what it will mean and how he will be received. Early indications are he’ll be greeted like a rock star.

The following week for me, I will be on vacation (if I am not detained by being on a jury). Therefore there will NOT be a Capitol View column on Friday, October 2. That weekend (October 2-4) we are taping a fresh INSIDE POLITICS show where we will interview a trio of Vanderbilt professors Dr. David Michelson, Professors Betsey Robinson and Richard McGregor. Our topic concerns what is going on in Syria surrounding ISIS and the destruction of many ancient and historic religious symbols and artifacts there.