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VOL. 124 | NO. 150 | Monday, August 3, 2009

UPDATE: Lowery Appoints Coleman-Davis Deputy City Attorney

Will Ask Council Tuesday to Approve Her as City Attorney

By Bill Dries

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Memphis Mayor Myron Lowery has appointed his choice to be city attorney to be deputy city attorney until the City Council can act on her nomination.

The naming of Veronica Coleman-Davis to the number two spot is the latest twist in a controvery that began minutes after Lowery took the oath of office Friday and fired City Attorney Elbert Jefferson.

Jefferson then filed suit in Chancery Court against Lowery contesting Lowery's decision to fire him. Chancellor Walter Evans issued a preliminary injunction preventing Jefferson's dismissal at least until a hearing before Evans Wednesday afternoon.

On the Drake & Zeke Show on radio station 98.1 The Max, Lowery said until the council acts, Coleman-Davis, a former U.S. Attorney, will be deputy director. Her appointment to that position is immediate and does not require council approval.

Meanwhile, Jefferson's attorney, Ricky E. Wilkins, told The Daily News her confirmation Tuesday as City Attorney would have to come after a council vote to back Jefferson's firing.

"We will ask the court to continue to keep that injunction in place throughout the tenure of Myron Lowery as mayor pro tempore," Wilkins said. "If Myron is able to get the necessary votes to terminate Mr. Jefferson and to get the votes to replace him with a substitute city attorney ... then that's what the process calls for and I think Mr. Jefferson understands that. But Myron Lowery cannot ignore and violate the city charter to satisfy his own political means."

Jefferson was at City Hall over the weekend, escorted by City Council attorney Allan Wade, according to Lowery.

After taking the oath of office Friday afternoon from U.S. District Court Judge Hardy Mays, Lowery told reporters he had offered Jefferson a severance and a chance to resign the appointed post. Jefferson refused which apparently surprised Lowery since Jefferson had tendered his resignation to outgoing Mayor Willie Herenton earlier in the month and Herenton refused to accept it.

Lowery met with Jefferson in a City Hall stairwell after the swearing in ceremony. Lowery emerged without Jefferson and told reporters he had fired the attorney. Several sources said later that Jefferson was escorted from the building and his parking pass and other identification taken as he was walked to his car and out of City Hall.

Wilkins termed the forcible exit a "low blow" and a "fairly drastic action."

“The legal department has almost been a black hole for dollars,” Lowery said Friday, minutes after the stairwell meeting. “I think that we spend too much money on attorney fees. I think that our city attorney has allowed this to happen without adequate controls on this. And I’m looking for stronger controls in the city attorney’s office.”

“If the mayor pro tempore doesn’t have the power, who does?” Lowery said. “Of course I do.”

Power play

In addition to Coleman-Davis, Lowery will also take the nomination of former council member Jack Sammons as his Chief Administrative Officer to the council Tuesday.

Herenton CAO Keith McGee had retired effective July 4. But when Herenton moved back his resignation date to July 30, McGee extended his stay on a voluntary basis. McGee is working with Lowery on a transitional basis. Lowery said he had hoped Jefferson would work under the same arrangement.

“He wanted to keep the title and the salary that comes with it. So I had to make a decision,” Lowery said. “I wish he had accepted it. … He’s forced me to take this action.”

Lowery said he wants Coleman Davis to examine past city legal bills and expenses.

“I have heard that several individuals have been hired … in the legal department to fill vacancies who were scheduled to start work Monday. I just found this out,” Lowery told reporters. “I want to make sure that we don’t have cronies of our former legal division director who have been hired.”

Those appointments will be examined.

“I don’t want any friends of the division director receiving dollars or any backroom deals outside the scope of the City Council. You know what I’m talking about,” he told reporters. “That is not going to occur under my administration.”

‘Hard work and enthusiasm’

As Lowery moved into the seventh floor mayor’s office Friday at City Hall, council member Harold Collins moved into the council chairman’s office on the fifth floor as part of the transition in power following Herenton’s resignation. Collins indicated his displeasure with the firing of Jefferson and said he wants Lowery and Jefferson to be at Tuesday's council committee sessions to tell their sides of the story.

“It’s a new day at City Hall,” Lowery told a crowd in the Hall of Mayors the day after Herenton’s farewell address in the same hall. Lowery’s guests at the ceremony were Herenton, former Mayor Dick Hackett and J.O. Patterson Jr., the city’s first African-American mayor who served in the top post for 20 days after the resignation of Mayor Wyeth Chandler in 1982. Patterson was City Council chairman at the time. Like Lowery, Patterson also ran in the special election that followed and lost to Hackett, who lost to Herenton nine years later by 142 votes.

“With new life, new individuals, comes hope and promise,” Lowery said. “As mayor, I will promote a moral philosophy of customer service – customer-driven government. … I’m here also to say that I’m going to promote ethical leadership in government.”

One priority will be a new crime fighting strategy, although Lowery was quick to say he likes the direction the police department and those efforts have taken under current Police Director Larry Godwin. The other immediate priority is a more aggressive city cleanup campaign.

Lowery didn’t refer to Herenton directly in any of his comments, but the contrasts were apparent.

“We will be energetic in city government – more productive There’s a phrase, ‘We need to be workhorses, not showhorses.’” Lowery said. “You will not get a lot of catchy phrases from me. But you will get a lot of hard work and enthusiasm.”

The remark came the day after Herenton’s farewell address and press conference in which Herenton repeatedly invoked what looks to be the campaign slogan “Keep It Real” in his bid for the Democratic congressional nomination in 2010.

“As everyone knows, we’ve lost many people during the past several years. I’m going to say come home to Memphis,” Lowery said.

The remark is in contrast to one of Herenton’s most cited quotes from his 18-year tenure. When asked about citizens moving out of Memphis for the suburbs, Herenton responded by saying he had no problem with that and adding “goodbye.”



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