REFERENDUM ORDINANCE NO. 5966 A REFERENDUM ORDINANCE TO AMEND ARTICLE 34, SECTION 250 OF THE HOME RULE CHARTER OF THE CITY OF MEMPHIS, RELATIVE TO THE CLASSIFICATION OF OFFICERS AND POSITIONS, EXEMPTIONS FROM ARTICLE; TO AMEND THE CLASSIFICATION OF EMPLOYEES OF THE MEMPHIS AND SHELBY COUNTY PUBLIC LIBRARY TO ALLOW CIVIL SERVICE STATUS WHEREAS, under Article 34, Section 250 of the City of Memphis Charter, there are classifications of officers and employees who are exempt from the provisions of Article 34: Civil Service; and WHEREAS, under Article 34: Civil Service, Sections 240 through 248 denote items such as the composition of the Civil Service Commission, the powers and duties of Commissioners, appeals to the Commission, hearings, etc.; and WHEREAS, in Article 34, Section 250, several classifications of officers and employees are listed as exempt from civil service; among these exempt classifications of employees, Section 250(i) mentions "All officers and employees of the Memphis and Shelby County Public Library;" and WHEREAS, it has been brought to the attention of the Memphis City Council by employees of the Library Division that there are employees in the division who wish to be subject to civil service status; and WHEREAS, it is deemed advisable to allow the citizens of Memphis to decide whether to amend the Charter and allow employees of the City of Memphis Library Division civil service status. Section 1. Proposed Amendment and Authorization. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, TENNESSEE, That pursuant to Article XI, Section 9 of the Constitution of the State of Tennessee, as amended, a proposal for amending the Charter of the City, as set forth in this ordinance, shall be published and submitted by the City of Memphis to its qualified voters at the first state general election, which shall be held in the City of Memphis in November 2026, and which shall be held at least sixty (60) days after such publication. BE IT FURTHER ORDAINED, That the proposed Charter Amendment of Article 34, Section 250 shall remove employees of the Memphis and Shelby County Public Library from exemption and read as follows: "ARTICLE 34: CIVIL SERVICE The Director of Personnel shall classify all offices and positions in the City service according to the duties and responsibilities of each position, provided, however, that the following officers and employees shall be exempted from the provisions of this article: a. Officers and judges who are elected by popular vote and their successors; b. Members of and employees of the Board of Education; c. Members of the board and employees of the Memphis Light, Gas and Water Division; d. Division directors who are either now or may be hereafter appointed by the Mayor and Council; e. All employees of the legal department; f. Members of the various boards and commissions now existing or hereafter created; g. All staff employees of the offices of the Mayor and Chief Administrative Officer; h. One executive secretary for each board, commission, division director, and for the administrative judge of the City court; i. All officers of the Memphis and Shelby County Public Library; j. All employees of the City Council office; k. Such other officers or employees whose positions, in the judgment of the Mayor, with the concurrence of the City Council, cannot be subject to the rules herein provided, and who shall not be affected by such rules and regulations. The provisions of this subsection (k) shall not allow removal of civil service protection from any employee whose position at that time is covered by this article.' Section 2. Publication of Home Rule Amendment as required by Tennessee Constitution. BE IT FURTHER ORDAINED, That the Comptroller is hereby directed to cause this Ordinance, as finally adopted, to be published pursuant to provisions of Article XI, Section 9 of the Constitution of the State of Tennessee immediately after adoption by the City Council. Section 3. Certification and Delivery to Election Commission. BE IT FURTHER ORDAINED, That upon the adoption of this Ordinance becoming effective as required by law, the Comptroller of the City of Memphis shall immediately certify adoption of this Ordinance and deliver a certified copy thereof to the Shelby County Election Commission in charge of holding the general state election in November 2026, and shall request that the proposed amendment to the Home Rule Charter of the City of Memphis, in the preferred form set forth in this Ordinance, be placed on the ballot. Section 4. Proposal and preference. BE IT FURTHER ORDAINED, That the City Council does hereby adopt the suggested proposal and form of question to be placed on the ballot for a referendum vote on a Home Rule Amendment to the Charter of the City of Memphis in a State General election to be held in November 2026, which question shall read as follows: "Shall Article 34, Sec. 250 of the Home Rule Charter of the City of Memphis be amended to read as follows: 'ARTICLE 34: CIVIL SERVICE The Director of Personnel shall classify all offices and positions in the City service according to the duties and responsibilities of each position, provided, however, that the following officers and employees shall be exempted from the provisions of this article: a. Officers and judges who are elected by popular vote and their successors; b. Members of and employees of the Board of Education; c. Members of the board and employees of the Memphis Light, Gas and Water Division; d. Division directors who are either now or may be hereafter appointed by the Mayor and Council; e. All employees of the legal department; f. Members of the various boards and commissions now existing or hereafter created; g. All staff employees of the offices of the Mayor and Chief Administrative Officer; h. One executive secretary for each board, commission, division director, and for the administrative judge of the City court; i. All officers of the Memphis and Shelby County Public Library; j. All employees of the City Council office; k. Such other officers or employees whose positions, in the judgment of the Mayor, with the concurrence of the City Council, cannot be subject to the rules herein provided, and who shall not be affected by such rules and regulations. The provisions of this subsection (k) shall not allow removal of civil service protection from any employee whose position at that time is covered by this article.' I, Walter Person, Director of Finance for the City of Memphis, do hereby certify that the foregoing amendment shall have no impact on the annual revenues and expenditures of the City. FOR THE AMENDMENT (YES) AGAINST THE AMENDMENT (NO) Section 5. Effective Date of Charter Amendment. BE IT FURTHER ORDAINED, That this Ordinance shall take effect for the purposes set forth herein sixty (60) days after approval by a majority of the qualified voters voting thereon in an election to be held in November 2026, the public welfare, requiring it. Section 6. Certification of Results. BE IT FURTHER ORDAINED, That the Shelby County Election Commission certify the result of said election on the referendum question to the Comptroller of the City of Memphis, who shall see that said result is made a part of the Minutes of the Council of the City of Memphis. Section 7. BE IT FURTHER ORDAINED, That the Mayor be and is hereby authorized to appropriate and expend out of general revenues of the City of Memphis, Tennessee, a sum sufficient to pay a pro-rata cost attributable to the inclusion of the proposed amendment on the ballot for the election to be held in November 2026, and for the cost of seeking a declaratory judgment as to the enforceability of proposed amendment if approved by the qualified voters of the City. Section 8. Nonconflicting - Conflicting Laws. BE IT FURTHER ORDAINED, That from and after the effective date of this Home Rule Amendment, all laws constituting the present Charter of the City of Memphis in conflict with the subject matter of this amendatory Home Rule Ordinance shall be immediately annulled, vacated, and repealed and all laws constituting the present Charter of the City of Memphis not in conflict with this amendatory Home Rule Ordinance, be and the same are here continued in full force and effect. Section 9. Severability. BE IT FURTHER ORDAINED, that if any clause, section, paragraph, sentence or part of this Ordinance shall be held or declared to be unconstitutional and void, it shall not affect the remaining parts of this Ordinance, it being hereby declared to be the legislative intent to have passed the remainder of this Ordinance notwithstanding the parts so held to be invalid, if any. Section 10. Publication as Required by the City Charter. BE IT FURTHER ORDAINED, that this Ordinance shall also be published by the Comptroller at the same time and manner as required by the City's Charter for all ordinances adopted by the City Council. Section 11. Enactment of Referendum Ordinance. BE IT FURTHER ORDAINED, that the adoption of this Referendum Ordinance shall take effect from and after the date it shall have passed by the Council, signed by the Chairman of the Council, certified and delivered to the Office of the Mayor in writing by the Comptroller, and become effective as otherwise provided by law. CHAIRMAN J. Ford Canale SPONSORS: JB Smiley, Jr. Jerri Green Dr. Jeff Warren J. Ford Canale Yolanda Cooper-Sutton Jana Swearengen-Washington Pearl Eva Walker Dr. Michalyn Easter-Thomas Edmund Ford, Sr. Philip Spinosa Jan. 9, 2026 Md112198 ... more |