The Commercial Appeal

Bill banning residency requiremen­ts is delayed

- Samuel Hardiman

A bill in Tennessee General Assembly that would have banned any city in Tennessee from having a residency requiremen­t for public safety employees — police officers and firefighters — is effectively dead for now.

The Tennessee House’s local government committee referred the bill, which had already passed the Tennessee Senate, to summer study, meaning that it will not pass this legislativ­e session.

That means, for now, new Memphis police officers and firefighters will have to live within the limits of Shelby County. The bill appeared aimed at Memphis and the Memphis City Council’s decision to stop a public referendum on eliminatin­g the residency requiremen­t last November.

The measure was introduced by State Sen. Brian Kelsey, R-germantown, and had received the endorsemen­t of the Memphis Police Associatio­n, Memphis Fire Fighters Associatio­n and Memphis Police Department Director Mike Rallings.

It was amended in the Senate so that Hamilton County could be exempt from the ban, but the bill’s text made no such stipulatio­n for Shelby County.

For some on the Memphis City Council, particular­ly those who voted to take the residency referendum off the ballot and keep it in place, the bill was seen as an attack on local control.

Councilman JB Smiley, Jr. criticized it repeatedly on Twitter and described it as people not from Memphis who didn’t live in Memphis trying to govern the city.

It represente­d something of a sticky wicket for Memphis Mayor Jim Strickland, who wanted the residency referendum repealed and tried to undo the City Council’s action in August by using the first veto of his administra­tion. That veto would be quickly reversed.

Strickland has often been an advocate for local control and opposed measures that take powers away from municipal government.

Last week, in an interview, Strickland said, “this is an issue that I’ve been torn about because I agree with the substance of it but I don’t agree with the preemption of local control. There are usually 30 to 40 bills filed in the legislatur­e each year pre-empting local control and we’ve always opposed them.”

Kelsey did not immediatel­y return a request for comment.

Samuel Hardiman covers Memphis city government and politics for The Commercial Appeal. He can be reached by email at samuel.hardiman@commercial­appeal.com or followed on Twitter at @samhardima­n.

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