Archive for the ‘MLGW’ Category
July 25, 2016
There was an interesting editorial in the Commercial Appeal last Sunday concerning Germantown open records and the battle with Jon Thompson and Sarah Wilkerson-Freeman in order to get information on Germantown government salary, insurance and other perks. Congratulations to Thompson and Freeman. I have been fighting this open records battle since 2004.
Recently I asked the MLGW for current electronic copies of their annual pension and OPEB reports. I asked by email. I received an electronic copy of an open records request form which I filled out and signed electronically and sent it in. I then received the following message.
“Good afternoon, your documents are available for pickup. You can come to the Administration building and the documents will be at the security station.” I then objected to this bureaucratic requirement and sent my objections to Mr. Thompson (MLGW), Mayor Strickland and many others. I eventually got the electronic copies that I asked for and you can now look at the MLGW pension report and the MLGW OPEB report at www.memphisshelbyinform.com.
Now the Tennessee Open Records law does not require furnishing electronic copies but governments with a fully open records policy will furnish the information in electronic format because it is cheaper and easier and nearly all data is already in electronic format. If they want to discourage open records requests they will require you to travel down to their office and pick it up at the security desk.
I like the MLGW and their utility services. Very professional. President Jerry Collins is a great manager and runs a well trained and effective company. I call on the MLGW to put this information (pensions and OPEB) on their website and keep it updated. I also ask them to publish a return on investment report for their smart meter program to show the public how this program will be paid for and the return on the rate payers’ investment.
Now as to the pension and OPEB reports. Shelby County published their annual pension and OPEB reports online. The City of Memphis and MLGW do not.
The MLGW pension fund has a net value of $1.32 billion and $118 million of unfunded liability.
The City of Memphis pension fund has a net value of $2 billion and $533 million of unfunded liability. The City of Memphis does not publish their annual pension report online.
The Shelby County pension fund has a net value of $1.1 billion and $316 million of unfunded liability.
The MLGW OPEB fund has a net value of $333 million and $461 million of unfunded liability.
The City of Memphis OPEB fund has a net value of $17 million and $730 million of unfunded liability. The City of Memphis does not publish their annual OPEB report online.
The Shelby County OPEB fund has a net value of $197 million and $101 million of unfunded liability.
The trouble spots are shown underlined above. Again Shelby County leads in local government in open records policy and fiscal responsibility. I urge you to let local governments know what information you think should be put on their website. What are your thoughts on transparency in government?
December 29, 2015
A Year End Report Card From Joe Saino
Looking back over more than 10 years of reporting on local government I have hope for the future of Memphis and Shelby County. My score card for the major local governments is as follows.
Shelby County Government- A
City of Memphis- C
Shelby County Schools- D
This is not a scientific scoring, just years of experience and dealings with these large government entities. Hopefully the City of Memphis will improve with the inauguration of our new Mayor, Jim Strickland. I have high expectations for him. Past problems at the City can be laid at the feet of past mayors and especially the voting majority of past City Councils. They refused to make the hard choices until the State of Tennessee came in with the fiscal bullwhip.
MLGW under Jerry Collins is well run and efficient. I could wish that they publish more information on their website like annual pension and OPEB reports so that customers do not have to ask for this information through an open records request.
Shelby County has a proven record of good management and is open and above board. Their record on pension and OPEB management compared to the City of Memphis and the old and new school boards has been outstanding.
The old Memphis School System and the new replacement Shelby County School System is a puzzle. The new school system at first looked like they wanted to enter the modern open records world but then when they had the chance; they closed the door on common sense requests. Then they filed a huge lawsuit against the state which is going to cost millions in legal fees and are also trying through the Tennessee School Board Association to charge the public a fee just for asking for access to public data and records. It is a puzzle. They are saying in effect “We know best how to educate your children, so shut up with your requests for information.”
Enough of my scorecard so here is some real data from recent pension reports that I obtained from Memphis, Shelby County and the MLGW.
Payroll of active employees:
MLGW $152 million
Memphis $340 million
County $243 million
Retirees and beneficiaries
MLGW 2597 receiving an average of $38,601 annually
Memphis 4239 receiving an average of $34,014 annually
County $3598 receiving an average of $19,914 annually
MLGW 33 receiving a total of $491,000 annually
Memphis 653 receiving $17,370,000 annually
County 72 receiving $1,506,240 annually
Need I say more? The problem at the City of Memphis is obvious. We need to change the pension board makeup and go to the County disability system.
November 24, 2015
Oh No, A Water Rate Increase
As a former MLGW board member, I have a history of praising and criticizing the Division. I follow and read the Division’s annual financial reports. The latest report is for the calendar year 2014 which ended December 31, 2014. The 2015 year report will not be out until well into 2016. However I am sure the Division knows what will be in the report.
Division President Jerry Collins went before the City Council to ask for a 22% water rate increase. He said that the rate increase is necessary to keep the water division from recording its second straight year of negative net income at the end of 2016. A state board is required by state law to step in and set rates after two straight years of negative net income. He said the board has consistently favored higher rates, including a 42 percent increase in Bartlett’s rates.
I have looked at the past financial reports and the Water Division has had a very slim margin (changes to net assets) in 2013 and 2014. Apparently they know that 2015 they are going to show a decrease in net assets (a loss) and without an increase they will lose more in 2016 due to losing a large customer, Cargill Corn Mill. Two years of losses would bring in the state board to dictate an increase in water rates according to state law.
The usual suspects on the City Council refuse to study the facts as they demonize the Division as heartless and cruel. Facts do not make any difference to them as they play to their voting base. Another fact is that the Water Division has been paying $2.5 million dollars per year due to the City Council agreement to finance the FedEx arena. The agreement is effective through the year 2028. During 2014 the Water Division was authorized and directed by City Council, per City resolutions, to make an additional annual $1.9 million transfer payment each year through fiscal year 2017. Transfer payments to the City for 2013 as compared to 2012 increased due to a City resolution authorizing and directing an additional payment of $1.8 million in exchange for the release of any rights the City may have had to receive water from the Water Division free of charge during 2013 under the MLGW Charter.
The MLGW has a history of being fiscally responsible and being run mostly by professional management. Their employees are well trained and do a tough job. However the City Council would be well advised to look in to areas such as MLGW’s OPEB program. They should bring their rules concerning the cost and availability of retirees and their spouces health care to match the same rules as Shelby County Government retirees. Shelby County has these rules in effect since 2007. The MLGW pension and OPEB funds are in good shape due to funds paid for by MLGW’s customers’ utility rates. Compare their pension and OPEB funds to those at the City paid for by property, sales and other taxes.
As a final note I have been informed by President Collins concerning Sewer Rate Fees. “Sewer fees are governed by Public Works. To the best of my knowledge Public Works is not planning a sewer fee increase.” MLGW is just used as a collection agency for 1) Sewer Charge, 2)Solid Waste Fee, 3)Mosquito/Rodent Control Fee and 4) Storm Water Fee.
June 22, 2015
Why OPEN RECORDS Is SO Important
You may have read a front page article last Saturday in the Commercial Appeal by education reporter Jane Roberts. The article announced the creation of an open records reading room (Room 121) in the SCS Coe building at 160 S. Hollywood St. here in Memphis.
I have been working to open local public records since 2004 and have been greatly aided by many local citizens, particularly John Malmo, Eddie and Eve Settles (backinrivercity.com) and Ken Welch. I want to thank these people and many others who have contributed to this effort.
As Ken Welch has said many times, all public records are technically open to the public unless specifically named and restricted by state law. Then why can’t we get all this information easily? The answer is that public bodies and the leaders (Presidents, appointees, Governors, Mayors, Superintendents, etc) can make life difficult and expensive if they want to. The Tennessee open records law clearly states the following. However the particular public organization can drag their feet, threaten big charges paid in advance, refuse you entrances to offices without an appointment and then refuse to make an appointment. What has happened at the SCS system offices is different and significant.
Therefore this is why our agreement with Supt. Hopson and Chris Caldwell is so important. They have shown that they are open to making all legally open records actually open to the public. After all, we (the taxpayers) paid for all this bureaucracy and we are the employers. We recognize that we need good education, good fire and police services, good roads, efficient water, gas and electric services and many other public facilities. However we paid for them and we expect answers to all our reasonable and legally available questions.
Open Records is so important because without transparency there is often corruption, favoritism, waste and inefficiency. The sunshine of OPEN RECORDS and vigilant citizen can prevent this. There are many details to work out and our open records group is willing to work with the Shelby County System to make access easy and convenient. If we can make this work efficiently, we would look forward to using this as a template for other public bodies. Any suggestions from the you, the public, would be welcomed. We need to join together for full open records access.
May 18, 2015
Are Smart Meters A Smart Purchase?
Tomorrow there will be a City of Memphis committee meeting and in that meeting will be the subject of further purchase of smart meters as shown below.
MLGW COMMITTEE (Chairman Berlin Boyd)
- Resolution approving the purchase of a Mobile Energy Efficiency Educational Unit (vehicle) for an amount not to exceed $250,000
- Discussion of opting-out of Smart Meters
- Resolution awarding Contract No. 11776, Smart Meter Solution Full Deployment, to Elster Solutions, LLC, in the funded amount of $240,000,000 for work to be done over a period of approximately five years.
I have received the following email from a friend and a very active citizen in various local public policies.
- 240 million dollars over five years is an astronomical amount of money. The rate payers in Shelby County will be stuck with the bill.
- Firing meter readers and using their salaries to pay for smart meters does not add up. They are not paid that much!
- Please share this with Shelby county friends. I know several people there who spoke out and opted out of smart meters without paying a monthly fee to mlgw. If they had not spoken out, refusing a smart meter would have resulted in a monthly fee.
- The biggest reason for smart meters will be time-of-day-rates. While you will be sold on these rates because they are cheaper at certain hours, those rates will be much higher at other hours (example: summer rates in the afternoon hours 3-8 pm will double).
- Smart meters take usage readings every fifteen minutes and send that information directly to mlgw. Many people consider that an invasion of privacy because your usage patterns are kept by mlgw. Anyone with access can know your routine by those usage patterns. There is also concern that these meters can be hacked.
November 27, 2014
The MLGW Island
There was a very good and interesting article in a recent issue of the Memphis Flyer. It was written by Les Smith, a reporter for WHBQ Fox-13 News. The point of the article was his belief that the MLGW is and always has been tone deaf to its customers. The most recent example of the deafness, according to Les, was MLGW announcing the need for a 2 percent hike in the residential water rate just after receiving a tongue lashing from City Council member Wanda Halbert.
As a former member of the MLGW Board of Directors and a long time observer of their services, I have the following observations.
- Over the past years MLGW has been a well run organization delivering electricity, natural gas and clean water in a professional manner. However there have been times when politics caused problems with the management, specifically when Mayor Herenton put Joseph Lee in charge.
- The employees generally are well trained and they respond to weather related outages in a prompt and professional manner.
- With the exception of Lee, the top job at the MLGW has been filled by professionals with the highest integrity.
- Utility rates are competitive compared to other cities of similar size.
I have studied the MLGW financial statements over the years and they are clear and complete. I have in the past contested the surplus in net worth as inconsistent with their constitutional nonprofit status. However they contend that they need a certain percentage of unrestricted assets to cover unpaid bills and expenses. You can argue about the size of the unrestricted cash but I do not think it is unreasonable.
October 7, 2014
Finally A Defined Contribution Pension Plan
Today the City Council will consider a defined contribution pension plan for City employees with less than 10 years of service (as of July 1, 2015) and new employees hired after that date. I have been recommending this for years and finally the City Council will consider this reasonable plan. Here are the proposed ordinances.
I have been recommending a defined contribution pension plan for years ever since I was on the Shelby County pension revision committee. This is fair for the private sector taxpayers who generally have no defined benefit retirement plan. It will probably be better for those City of Memphis employees in the future if the City’s pension investments perform as they have over the last 25 years (over 9% return).
Will the City Council and the Administration follow through and pass these ordinances? We will see but you have to consider that a year from now there will be an election for the new City Council and the city Mayor. What do politicians do when faced with an upcoming election? You have to look no further than the upcoming November 2014 national election. These changes are needed and should also apply eventually to the MLGW. Shelby County should adopt a similar plan but only for new employees, not those currently employed but not vested. This exception is in recognition of their past good fiscal responsibility as compared to the City of Memphis.
June 2 2014
Paying For Pension Reform In 2 Years
A good friend sent me a copy of Councilman Jim Strickland’s thoughts in paying this unfunded liability off in 2 years rather than 5. Jim is a good guy and a responsible city council member. He is correct in that paying it off in two years rather than five will save in the long run. Last year we added $68 million to the unfunded liability due to the small payment to the pension fund rather than the recommended ARC payment.
What is missing from him is the specific details of how we are going to pay for this pension load without raising property taxes. He needs to detail the immediate dollar savings for 2015 such as health care reform for active employees and retirees, sick pay, vacation reform, college education benefit reduction or elimination, line of duty reform and salary reductions to bring salaries in line with private sector. Also while going to the proposed defined contribution will not give immediate relief, it will change the future projections of the pension auditors reducing the unfunded liability projections.
Also concerning the health care proposed changes, I believe that those retirees under age 65 who are not eligible for medicare (or their spouse is not on medicare) can pay for back medicare eligibility to make them eligible.
I would agree with paying in two years rather than 5 but only if it is accompanied with passed and agreed on reforms like the above detailing where the money is coming from. We do not need more property tax increases. Look at the county and their proposed (more…)
May 19, 2014
An Open Records Update
During the last 10 years I have been an advocate of open records. I have had my ups and downs with the City of Memphis, Shelby County, the old Memphis School System, he MLGW and any number of other affiliated organizations. Here is my open record scorecard.
- Shelby County and MLGW A
- The Old Shelby County School System B+
- City of Memphis C
- Old Memphis School System and the new SC School System F
I have never had to file a lawsuit against Shelby County, the MLGW or the Old Shelby County School System. I have filed 5 lawsuits successfully against Memphis and the Old Memphis School System. The City of Memphis has become less responsive and difficult about providing access to information. The new Shelby County School System (SCS) seems to be little different from the old Memphis School System.
I am asking Memphis and SCS for information and will take whatever action is necessary to enforce my Tennessee citizens’ legal rights and access to information.
Now I see the Common Core as the greatest threat to our freedoms and the future of our local education. I am asking the public to join with me in a debate on common core and how it is being implemented locally. I will publish a series of questions and provide answers to be debated and facts provided.
The basic purpose of common core is to impose thru a national program a uniform curriculum on K12 public schools. As a result of this uniform common core, they want to collect an immense amount of student data and use it to plan each student’s future education (university, community college or trade school) and eventually their slot in society. This plan would disregard the parents’ and the students’ rights and desires. This amounts to Federal control of education, freedoms and parental rights.
I agree that public education needs upgrading as we have had over 60 years of failure of public education. I agree that there should be a rigorous broad based national testing standard to which students, schools and teachers should be measured. However I believe in competition. Each state and even each City and County should develop their own curriculum and teaching methods with the full involvement of parents and taxpayers. Those states and cities that measure up and surpass the national measure should share their programs with others that do not measure up. Let the best ideas and results win. More federal money and one size fits all is not the answer. Let there be no less than 50 state experimental education laboratories competing with each other for top student achievers. Let education flourish in public, private, home schools, church schools with parents making a choice financed by taxes and vouchers. Let the competition begin with parental choice of what is best for their children, not what is best for Bill Gates, Pearson Publishing or DC politicians.
In future posts I will point out hard facts about common core, who is financing it, and who benefits. I welcome your comments.
May 13, 2014
The Handling of Appointed Positions
As the Memphis City Council discusses the problem of unfunded liability and possible solutions I hope they do not forget the handling of appointed positions and their action in January 2001 and their action in 2004. But more on that later.
What are appointed positions? I recently asked Shelby County Government for their list of appointed positions. As you will see this goes from the Assessor’s office all the way to the Trustee’s office for a total annual salary of $36.6 million. The latest list that I have from the City of Memphis shows a total annual salary of $21.7 million for appointed positions.
The difference here is that in January 2001 the City Council proposed and passed a resolution that allowed elected and appointed people to retire after 12 years regardless of age. This disastrous decision by the City Council and the mayor has added millions of dollars to our unfunded pension liability. After a city council member stated that this resolution would help keep and retain good (more…)