Shelby County Commissioner Terry Roland says the County has a legal problem.
See, back in 2007 and 2009 the County Commission passed two ordinances that established a prevailing wage and a living wage for workers who work for County contractors.
The idea behind the ordinances is simple: If the County is going to pay a company to do a job, that company should pay their workers either a living wage, or the “prevailing wage” i.e. the wage paid to the majority of workers working in a specific field…rather than lowballing workers in a tough economy at a time when unemployment was high.
It should come as no surprise that the Tennessee Legislature…led by Ron Ramsey, Brian Kelsey, Glen Casada and Beth Harwell just plain hated the idea that people should get paid enough to live on…or at least in line with market prices for labor of a specific type. So, they passed a law outlawing these kinds of ordinances.
That was in March of 2013.
Fast forward to today…18 months after the fact…Commissioner Roland has sponsored two ordinances that would overturn the County’s living and prevailing wage ordinances…because they’re against the law.
Now, that may not seem like a big deal, but both ordinances stand as a statement against the kind of interference from Nashville that has been the hallmark of the Ramsey/Harwell era.
Roland wants to overturn this because he says it puts the County at risk of a lawsuit. But the County has been abiding by state law since it was enacted…because state law has supremacy over local ordinances and all that stuff you learn in a basic Civics class.
By the way, County Attorney Marcy Ingram says changing the ordinances is necessary. But if you look at her track record of “opinion” you should find yourself questioning her legal judgement. If someone tried to sue the county for not complying with state law simply for having an ordinance on the books, that suit would be thrown out immediately, because, in fact, the County is complying. That the County has a law on the books that has been superseded by state law is unremarkable.
Now, you might ask yourself, why keep this on the books since its no longer relevant.
The answer is simple, because the people of Shelby County, through their elected leaders, passed these ordinances long before the State decided to intervene. In fact, there was an election between the passage of these ordinances and the passage of the new state law, and everyone who voted for the ordinances, including the author, was overwhelmingly re-elected…enshrining public opinion in favor of the ordinances. And in doing so, we made a statement about our collective values. For all we know, the state may decide one day to change their law, which would mean our ordinances…still being on the books, would be back…in full effect.
Terry Roland wants to make sure this never happens.
I hope the County Commission will take this opportunity to take a stand against the state’s interference, and reject Roland’s proposed ordinances and stand for fair wages for workers, even if the state’s GOP legislative leaders don’t give a damn about them (because that much is abundantly clear).
If you want to read the ordinances proposed by Commissioner Roland, you can find them here.