As the dust settles: the ACLU court case.

This week has been a game changer.  Memphis history will forever be divided into the pre-ACLU era and the post-ACLU era.  MPD in particular is in crisis, and, because of role of public safety in our local elections, the crisis extends into the political sphere.

aclu case
Pau Garner, Spencer Kaaz, Al Lewis, Elaine Blanchard, Earle Fisher, Keedran “TNT” Franklin at the Federal courthouse, 8/20/2018.

The trial itself.

We saw a steady stream of MPD brass take the stand and be defensive.   The City strategy has been to try to make the police look reasonable, and to paint the activists as crazy fools.   This strategy plain failed, as Paul Garner, Elaine Blanchard, Earle Fisher and Keedran Franklin presented well on the stand.   It is notable that the City did not send Jim Strickland or any of the”public safety” advocates to defend their police buddies.

The defense cut their losses on Thursday and pulled the plug on trying to discredit more activists or putting more police on the stand.   Essentially, they accepted defeat after a very poor display of legal skills.

MPD’s Reaction

MPD is not a monolith.  It has leaders jockeying for position as the next director, a large number of disaffected members who are still disgruntled over pensions and benefits, a degenerate and poorly led MPA and a sizeable contingent of out and out racists who are chafing at being led by an African American director.

We can expect instability at MPD.   At this point I see little benefit in stirring the pot at MPD.    We’ve stirred.   Stirring done.

At this point we need to be concerned that the police will revert to form and lash out at civilians and activists.  We suggest extreme care in interactions with police as we await the verdict from the trial.  We have no need to provoke further reactions from MPD.   We’ve already unleashed the nuclear option.

Political Reaction

Strickland’s administration has not been watching the backs of their police.  He has been declining to comment on the sub-judice proceedings.   We expect this to continue.

In the meantime, the hitherto solid eight or nine vote pro-police Council block is already showing signs of fragmenting.  Joe Brown and Edmund Ford are term limited and won’t need to expend political capital on defending the police.

Berlin Boyd is up for re-election.   He has been at odds with the Kemp Conrad knee-jerk brand of police support, voting against Conrad in the August 2016 marijuana ordinance.  Boyd knows that he needs to put some distance between himself and the law and order lobby.   He’s been reaching out to certain activists with some truly strange proposals.

Jamita Swearengen, as the new chairman of the Public Safety Committee, has been conventionally pro-police, generally following the MPD’s COP community policing line.   She made a speech at CLERB extolling Blue Crush and the deployment of 490 new spycams, which City Council approved a budget of $1.5M for on July 10th.

Patrice Robinson has not been saying a lot about policing.

Of the white Council members, all part of the Caissa group, the more extreme police fans like Kemp Conrad and Reid Hedgepeth, with Bill Morrison, are term limited.   We might see some posturing from them.  Ford Canale remains a cypher, although he rang the Public Safety bell in his August election campaign, apparently with less effect than his predecessor.

We don’t see much incentive for Council members to expend political capital on defending police prerogatives.   In fact, we think some of the previous pro-police coalition, especially Berlin Boyd, are already maneuvering to create some advantage for themselves.

Policy Changes

Activists have ling sought a strengthening of CLERB powers.   CLERB needs subpoena power, and the ability to make binding recommendations for disciplinary actions and policy and procedure changes.    Look to Memphis United, fresh from Paul Garner’s performance on the witness stand, to be making proposals.   In addition, it appears that the administration has successfully sabotaged the ability of CLERB to post documents on its own website and on the City archive site.

It’s hard not to see the canny Garner taking advantage of MPD’s predicament.

Police Director

Mike Rallings, as the officer who presided over the decline in MPD political interference, and because of his unconvincing defense of his policies on the stand, is damaged goods.   He has been left dangling by his political masters.   There is no question that he can survive past the election of the next mayor in 2019.   He either takes control of his fate and resigns, or the political upheaval that now starts will result in his firing.

Rallings has been fully vested in his MPD pension plan for about a year.

It seems very clear that a new director can’t come from the culturally compromised MPD.    The next Police Director must be chosen on the basis of a proven record of community policing.   The internal candidates who have been preened as Ralling’s successor  are infected with the racial disease that infects the force and will be rejected.

Our suggestions for police director include Anne Kirkpatrick, Oakland CA police chief.   She applied for the job in 2016.  Another is John S Thompson, Camden NJ police chief.

The 2019 City elections

The current mayor and most of City Council were elected in 2015 with dog-whistle campaigns, evoking public safety with racial coding to get elected.   The dog whistle was already losing its effectiveness.   J Ford Canale blew the dog whistle in the Super 9-2 election and his vote was down 25% on Philip Spinosa’s 2015 performance.   David Lenoir used the dog whistle in the County Mayor election and was convincingly defeated by Lee Harris.

Incumbents will be forced to run on other issues.   Insurgent candidates will focus on poverty, economics and policing, where incumbents have a dreadful record.   Strickland has not been brilliant at the basics.   The Caissa Seven have been exposed as the next best thing to a political conspiracy.

Expect a lot of surprises as incumbents and challengers jockey for position and make economic arguments.   Expect opponents to rally around retaining IRV in the December referenda, and issues like EDGE, economic development, energy policy, CLERB, policing and poverty to be well aired in the election runup.

Summary

Policing has been the lynch-pin of Memphis politics, especially in the last election cycle.  The pin has been pulled from this grenade.

People need to be very careful out in the streets.

In the halls of power, expect surprises.  2019 will be fought and won on real policies, not the stalking horses of yore.

 

 

 

 

 

Berlin Boyd threatened me from the dais.

boyd
Berlin Boyd

This is a witness account, so I am putting it in the first person.  At the City Council meeting on July 24th 2018, I made a 2-minute speech at City Council, in which I referred to a vote in September 2017 in which Boyd did not recuse himself.   Berlin Boyd responded with a remarkable diatribe, in which he said “…someone’s going to get hurt and it won’t be me.”

Background

I wrote a blog in July, 1544 Madison: An Open Letter to Berlin Boyd, which was part of a series of blogs on Boyd.  The blog followed Boyd’s interactions with enterprises owned by Bill Orgel, including almost $40K in political contributions, a series of votes on the Land Use Control Board in which Boyd voted for permits for Orgel cell towers and a number of grants to Orgel developments, on which Boyd voted on City Council.  I provided some open record requests at the EDGE board and DMC proving eleven meetings between Boyd and EDGE officials, Boyd’s partnership with Bill Orgel’s family firm and other Orgel lieutenants, and the issuance of a $6.2M PILOT to the partnership.

Berlin Boyd called me out.

At the previous Council meeting on July 10th, Boyd had an interaction with a speaker from the public, Aaron Fowles.   In this extract from the official video, at minute 9:56, Boyd talks about Theryn Bond’s ejection from the chamber at the previous meeting and continues “… People who put lies out and people get contracts and go to Nashville and set up TDZ’s.  Are you serious.  And you sit there and lie and hold your camera…”.   I was holding a camera at the time.

I had written “Berlin Boyd applied to the State of Tennessee to expand the Tourism Development Zone northwards.”, in relation to the Mud Island TDZ.   In the linked article in the Memphis Daily News: “Memphis City Councilman Berlin Boyd said that he’s waiting to hear back from the state of Tennessee about an expansion of Mud Island’s tourism development zone to encompass the Pinch District.

Mystery car noted on Facebook.

On July 10th, someone posted about seeing a vehicle with Mississippi plates and a “B BOYD” vanity tag parked in front of City Hall.  A comment was made that it might be Berlin Boyd’s car and I said it might have been former council member Bill Boyd.

On the 24th, I posted on MRYE for people to keep an eye out for this car and get a photo.  I did not mention Berlin Boyd, just quoted the vanity plate.

SUVsnip_red
Comment on Facebook 7/24/2018

 

What Happened at City Hall

Here’s an excerpt from the 2-minute speeches on 7/24/2018, taken from the official video.   As I felt that Boyd had directly addressed me on the 10th, I came to Council and spoke.

Thanks to Councilwoman Janis Fullilove

I started out by thanking Councilwoman Fullilove, who had said, “Last fall, I deferred to some of my colleagues on the City Council who expressed concern about IRV.  I have rethought my position.  The people have already voted for this.  We ought to give it a try”.  I added: thank you Councilwoman Fullilove, one honest council member”.

Correcting the Nashville misquote

Then I referred to Boyd’s statement from the previous meeting.  Boyd said that I had said he went to Nashville, then gave the quote above from my blog: “Berlin Boyd applied to the State of Tennessee to expand the Tourism Development Zone northwards.”   And then I quoted the original Daily News article which I had linked.  I pointed out the misquote.

Conflict of Interest in September vote

Then I went on to my final point of the evening.  2/28/2017 1544 Madison Partners buys the Madison Avenue property. 9/5/2017:  Berlin Boyd votes on City Council for a cell tower special use permit for Tower Assets Newco IX LLC, one of Bill Orgel’s cell tower ventures.  This vote happened after the 1544 Madison property deal, so Orgel was a partner of Boyd at the time of this vote.

I was about to go on and ask why Boyd had not recused himself, when I got cut off.

Berlin Boyd lashes out

Berlin Boyd:  What does this have to do with…  Let me just say this.  I am about to go on record to file a restraining order against you, because you are becoming excessive and stalkerish.   You just lied two seconds ago when you said that I was driving a vehicle with Mississippi tags on it.  I do not own a vehicle with Mississippi tags on it.  **

Berlin Boyd:  But I will go on record to put a restraining order against you, because someone’s going to get hurt and it won’t be me.  I guarantee that.  Have a nice day.

Me:  So I’m going to get hurt, am I?

BB: Sir, you drive by my house and that’s inappropriate.

Me:  I’ve never driven by your house.

BB: I’m not debating you sir.

Me:  I’ve never been on your street.

BB: I have cameras at my house, sir, and your behavior is excessive.  You’re stalking me and lying on me every chance you get.  Sir, please have a seat.

Me: I’ve never lied about you.

BB:  Set him out, get your facts straight, kick him out

** This is a reference to my request for people to photograph the “B BOYD” vanity tag.   I never said he was driving the car.

Boyd Highlights

I have never stalked Boyd, never been on his street, and I am not on Boyd’s security camera footage.   He is a corrupt public figure and I have blogged about him.   I have not lied about Berlin Boyd.

Boyd issued a physical threat in response to my fair comment.

Berlin Boyd lies a lot.   He should release his security footage.   I predict he won’t.

Conclusion

Berlin Boyd is rattled about my blog.   There’s a smoking gun there.

Legal Fees Fundraiser.

Please donate to my fundraiser at fundly.com.  I’m raising money to pay an attorney to get an order of protection against Berlin Boyd.    (Updated 7/26/2018).

 

 

 

1544 Madison: An Open Letter to Berlin Boyd.

 

berlinboyd_lg2
Berlin Boyd

1544 Madison Partners (pdf) is a general partnership with Berlin Boyd, Adam Slovis, Benjamin Orgel, Jay Lindy, Michael McLaughlin, Orgel Family LP and Three Madison Partners.

Berlin Boyd is the City Councilor for District Seven.

Adam Slovis is a realtor and was Berlin Boyd’s employer from 2008 until Boyd’s realtor’s license expired in July 2014.   Slovis and Associates acquires cell tower sites for Tower Ventures.

Benjamin Orgel is William Orgel’s son.  Orgel senior is principal of Tower Ventures, which owns cell towers.   He is on the SCS board and is one of the biggest political donors in Shelby County.

 

 

Jay Lindy is an attorney, and COO and general counsel for Tower Ventures.

Micheal McLaughlin is the controller at Tower Ventures.

Orgel Family LP is William and Benjamin Orgel’s investment company.

Three Madison Partners is the previous owner of the site at 1544 Madison.  It is thought to be connected to Boyle Investments, who are mentioned in the 1544 Madison deeds.

Berlin Boyd’s Tower Contributions

Berlin Boyd received the following contributions from the above investors between 2014 and 2017: 2/20/2014: Steven (Exec VP for Asset Development at Tower) and Sharon Chandler; Craig (Exec VP for Carrier Leasing at Tower) and Cathy Weiss; Bill and Robin Orgel; Jay Lindy; Craig Royal (VP for Construction and Operations at Tower); and Adam Slovis donate a total of $11,950 to Boyd’s County campaign.  All contributions from this section are from the Shelby County Election Commission.

April 2014: Jay Lindy donates $500 to Boydcash

March-April 2015: six Tower executives / spouses donate $8,500 to Boyd 2015 District 7 campaign

October 2015: six Tower executives / spouses donate $9,000 to Boyd District 7 campaign for the runoff

6/1/2017: Benjamin, William and Robin Orgel, Susan Lindy, Adam Slovis and Sharon Chandler donate $6500 to Boyd.

7/13/2017:  Cathy Weiss and Craig Royal donate $2000 to Boyd.

Total donations in this period from Tower associates: $39,450.

There were additional donations in kind for the 6/1/2017 fundraiser at Bill and Robin Orgel’s house.

Tennessee Brewery

TennBru
Tennessee Brewery. Photo: Fergus Nolan

The Tennessee Brewery is an Orgel development.  The site, at 495 Tennessee St, was bought by 495 Tennessee LLC which was owned by William Orgel on November 5th 2014.   The Commercial Appeal also named Jay Lindy and Adam Slovis as partners. The Commercial Appeal tells the story of the development.  The former Goldcrest 51 brewery, built in the 1870s, closed in 1954 and has been vacant since the 1980s.    A succession of previous owners ending with The Tennessee Brewery LLC, had spent millions stabilizing the structure but on 11/5/2014  495 Tennessee Partners bought the property for $850K, in a predatory purchase.   On 2/10/2015 495 Tennessee Partners bought a parking garage site across Tennessee St. and assembled incentives: parking garage funding, PILOT tax abatement, federal historic preservation tax credits and a city grant to replacing century-old utility infrastructure.  Berlin Boyd was helpful with these City boons.  Another site north of the Brewery was also acquired for additional apartments.

Boyd Helps Tennessee Brewery

On 5/19/2015 Berlin Boyd voted at City Council for a $5,191,125, City Center Revenue Finance Corporation loan for Tennessee Brewery Parking Garage, in which CCRFC borrows from First Tennessee Bank ,  builds the parking garage and leases it to the Tennessee Brewery.  The loan is to be repaid from the PILOT.  Boyd did not recuse himself from this vote.

On 5/26/2015, Boyd seconds and votes for a $2.5M capital grant to MLGW after Orgel makes a presentation to the Budget Committee.  The grant was for improving utility infrastructure at Tennessee Brewery.   Boyd did not recuse himself from this vote.

6/23/2015 Boyd votes at City Council for the budget containing the $2.5M MLGW line item, for Tennessee Brewery.  Boyd did not recuse himself from this vote.

12/15/2015: Boyd votes for a $2,250,000 contract at City Council (item 51) for project PW01270, for public infrastructure around the Tennessee Brewery.  Boyd did not recuse himself from this vote.

dmc5/12/2016:  Downtown Memphis Commission (DMC) approves $28.1M PILOT for Tennessee Brewery.

3/8/2018  LUCB approves street closures for 1544 Madison, minutes (pdf).  Boyd was present during that meeting, although not a current member of LUCB.

Berlin Boyd’s access at DMC

We obtained Open Records DMC emails from Boyd and from DMC to Boyd showing that Boyd and DMC executives were in constant communication, attended meetings together and had casual coffee dates.   It is clear that Boyd’s Council status provided him immediate top-level access at DMC.

Other Things Boyd did for Bill Orgel.

10/10/2013: LUCB (Land Use Control Board). Boyd votes for 3 Tower-affiliated cell towers (pdf).

11/18/2013: LUCB: (Land Use Control Board). Boyd votes for 3 Tower-affiliated cell towers. (pdf) Boyd voted for many more of these cell towers without recusing himself, literally too many to count.

9/5/2017:  Berlin Boyd votes on City Council for a cell tower special use permit for Tower Assets Newco IX LLC, one of Bill Orgel’s cell tower ventures.  This vote happened after the 1544 Madison property deal, so Orgel was a partner of Boyd at the time of this vote.  Boyd also voted for an Orgel cell tower on 4/1/2015.

The Snuff Factory

snuff
Former Snuff Factory site

On 17/1/2016 Bill Orgel bought a vacant property at the northeast corner of Keel and N. Main for $250,000.  Deed 1  Deed 2 (pdf), trading as Keel Steet LLC, with the same Viscount Ave corporate address as the other Orgel businesses.

This site is a couple of blocks north of the Pinch District, which is undergoing major redevelopment, with Bass Pro and the $9 Billion St Jude expansion.   Berlin Boyd applied to the State of Tennessee to expand the Tourism Development Zone northwards.  He has been promoting the Pinch redevelopment plan since late 2015.  It is still to be seen what will happen at The Snuff Factory, but Boyd and Orgel are on the job.

EDGE and the 1544 Madison Development

madison-midtown_crop1/1/2016 Berlin Boyd became the City Council representative on the EDGE board for calendar 2016.  EDGE minutes.

2/2/2016 Boyd has a dispute with EDGE board chairman Reid Dulberger over minority contracts by PILOT recipients.  Dulberger responded with a report at the February 17th Edge meeting with some numbers on minority and women contracts by PILOT recipients.   The Boyd / Dulburger dispute seemed to recede after this, although some commentators say that the dispute provided Boyd with some leverage over Dulberger and the EDGE board.     During Boyd’s year as City Council rep on EDGE, he was not marked present at a single EDGE board meeting, although the access that was granted him as a board member placed him in an excellent position to lobby the EDGE Board and employees.

2/28/2017 1544 Madison Partners buys the Madison Avenue property.

5/17/2017 EDGE expands residential PILOTs territory to include Midtown. EDGE minutes.

10/02/2017 PILOT applied for 1544 Madison.

10/19/2017 $6,177,765 PILOT granted for 1544 Madison, showing $24,775,069 in capital investment

2/12/2018: Smart City writes on EDGE’s “loosest slots in town”, questioning the need for more residential PILOTs.   Downtown and Midtown are in the midst of a residential property boom, occasioned by the City’s decision to discontinue new sewer connections in the County.   Residential PILOTs are far outside the norm for local government, and, as the announcement of the cessation of new sewer hookups dates only from August 2017, adding a redundant stimulus without first assessing the effect of the sewer impetus is irresponsible.   The only proven benefit of residential PILOTs are a tax handout to the property owners.

3/8/2018  LUCB approves street closures for 1544 Madison, minutes (pdf).  Boyd was present during that meeting, although not a current member of LUCB.

Berlin Boyd’s access at EDGE.

edgeBoyd’s dealings at EDGE has given him a lot of access to their highest policy-making levels.  We received Berlin Boyd’s email log (pdf) from EDGE via Open Records Request.  He received 76 emails between September 2016 and March 2018, mostly invitations to Board meetings, EDGE Performance Review meetings and ED Finance Committee meetings.    While Boyd was not marked present at any EDGE meetings we can find, a second Open Records request produced these eleven emails between 2015 and 2017 with additional meeting appointments.   Boyd met, at City Hall, First Tennessee Bank, University of Memphis and EDGE, with EDGE management, including Reid Dulberger and Carmen Franklin.   It is clear that Berlin Boyd had almost unrestricted access to EDGE board members from January 2106 to present, during the critical time when EDGE was considering residential PILOTs and specifically the pilot granted for 1544 Madison Partners in October 2017.    Boyd was a super-lobbyist for 1544 Madison Partners.

Summary

Berlin Boyd’s relationship with Slovis, Orgel and their associates and ventures dates from at least 2008.  Boyd received over $39K and other political donations from them.   He voted on Council four times for over $10M of benefits to Tennessee brewery, and at LUCB and Council for at least eight Orgel cell tower permits.  He has met with DMC executives many times in the course of his official business.

He was an EDGE board member and met numerous times with EDGE executives during a time when EDGE changed policy to allow residential PILOTs and when EDGE granted a $6.1M PILOT to a venture of which he is a partner.

He voted for an Orgel cell tower in September 2017 when Boyd and Orgel were partners, without recusing himself.

A question for Berlin Boyd.

Question-mark-cropBerlin Boyd.   You have been in a position to influence the granting of valuable benefits to your partners in 1544 Madison.  Can you show us a cashed check for the amount of your investment in 1544 Madison?  Edge valued the investment at $24,775,069.  Did you pay the $4.12M that your one sixth share is worth?

If that was a freebie, please explain exactly what you did for 1544 Madison Partners and its individual partners to deserve such a valuable boon?

CORRECTION:  7/5/2018.  We removed a photo of Reid Hedgepeth and an incorrect reference to his company.   We inserted an additional item related to a $2,250,000 contract for infrastructure work at Tennessee brewery for which Boyd voted on 12/15/2015.   Apologies to all concerned.