The Commercial Appeal

Tax duty could shift

Trustee seen as new collector of city levies

- By Amos Maki

The city of Memphis is poised to move forward with a plan to allow the Shelby County Trustee to collect current and delinquent taxes for the city.

Chief Administra­tive Officer George Little said the City Council will be briefed Tuesday on a plan to allow Trustee David Lenoir to collect current and past-due taxes for an annual fee of $1.25 million.

The city recently informed Linebarger Goggan Blair & Sampson, a Texas-based delinquent tax collecting firm, that it does not plan to renew the company’s contract. The deal the city will brief council members on essentiall­y makes the trustee the new contractor for the collection of taxes.

“It’s a proposal to allow the trustee to take over as a contractor,” Little said. “They would be a contractor like Linebarger is a contractor. The only difference is they would collect current taxes as well as delinquent taxes.”

Lenoir, whose office collects all Shelby County taxes including those from Memphis residents, said he could increase collection­s and save taxpayers money through greater efficienci­es.

Memphis residents pay property taxes to city and county government­s. Current Memphis taxes go to the city treasurer’s office while current and delinquent Shelby County taxes go to the trustee’s office.

“I certainly think it would be a win-win if the city does move forward on this,” said Lenoir, the fourth trustee in a row to propose collecting Memphis taxes.

Technicall­y, Wharton could contract with Lenoir without council input, but Little said the administra­tion wanted the council to be made aware because the switch could affect employees and have budget implicatio­ns.

Little said the deal would produce savings over the long term. Roughly nine to 12 city employees in the treasurer’s office would lose their positions. However, the city has enacted a hiring freeze to make sure the affected employees can move into other vacant positions in city government.

Little said the deal would essentiall­y pay for itself through increased collection­s, penalty and interest paid by tardy taxpayers, and through efficienci­es.

“This whole deal is supported by the revenue that is collected,” Little said.

Linebarger has collected about $190 million for the city since 2004. Its contract expires Dec. 31, and the firm has come under criticism for years from council members, delinquent taxpayers and attorneys.

The firm won a profession­al services contract — which did not require a bid process or council approval — from former mayor Willie Herenton in 2004.

The firm’s primary target is delinquent property taxes on homes and businesses. The debts must be 17 months past due before the city turns them over to the firm. Under the contract, the city does not pay Linebarger any direct fees. The firm makes its money by charging tardy taxpayers fees in addition to the taxes they owe.

The fees charged by Linebarger have drawn multiple lawsuits, including an ongoing federal classactio­n suit that could affect as many as 60,000 people who paid a 20 percent fee the company charged.

The issue in court is whether Linebarger can charge a 10 percent fee or a 20 percent fee for collecting the delinquent taxes.

A state law says attorneys pursuing back taxes cannot receive compensati­on greater than 10 percent of all delinquent fees collected. Another statute says a 10 percent penalty can be imposed on those whose taxes are delinquent, and that the penalty will go to the attorney suing to collect the back taxes. Linebarger has interprete­d that wording to allow for a total fee of 20 percent, while the class-action plaintiffs say the two statutes limit the fees that can be charged at 10 percent.

“There will still be penalties and interest for paying late,” Little said, “but what won’t be there are those extra fees Linebarger charged.”

 ?? JIM WEBER/THE COMMERCIAL APPEAL ?? Charlotte Mays calls delinquent property owners from her cubicle in the Shelby County Trustee’s Office. The office might also gain the duty of collecting city tax bills.
JIM WEBER/THE COMMERCIAL APPEAL Charlotte Mays calls delinquent property owners from her cubicle in the Shelby County Trustee’s Office. The office might also gain the duty of collecting city tax bills.

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