Whether or not Elbert Jefferson has been guilty of outright
illegalities in his role as former mayor Willie Herenton’s last city
attorney, it seems clear that his continued presence in city government
constitutes, at the very least, an embarrass-
ment and, at most, an obstacle to the very conduct of city
business.
Jefferson’s actions in approving and expediting payment of $55,000
in legal fees owed to Herenton’s privately engaged defense lawyer,
Robert Spence, were obviously a case in point. The fact is that the
then mayor, already on his way out the door, needed the services of
Spence, himself a former city attorney, not in relation to any
municipal business but solely to protect himself against possible
prosecutorial action.
The sum expended to Spence is not vast, especially when compared to
the enormous payments made routinely to Herenton’s favored legal aides,
but the transaction was large enough — and unusual enough —
to arouse the attentions of the Federal Bureau of Investigation. As is
well known, the FBI was already looking into Herenton’s business
dealings, especially as they may have connected to his public
activities, and this new revelation underscores the preexisting
questions about the former mayor.
Whatever Jefferson’s talents or dedications — and there are
many people in city government who speak well of him — he has
become excess baggage and needs to go. Such former defenders as council
chairman Harold Collins and council member Janis Fullilove indicated
over the weekend that they are moving toward that conclusion, and his
fate apparently will be determined at an executive session of the
council on September 15th, if not before then. (See Politics, page
14.)
Mayor Pro Tem Myron Lowery was frustrated in his first —
abrupt and probably premature — attempt to discharge Jefferson,
but time seems to be proving Lowery right. Beyond the Spence matter
itself, there is the question of missing documentation — on such
matters as the contract with another preferred Herenton lawyer, Ricky
Wilkins, and the legal fees paid to Wilkins — that Jefferson
would seem to be answerable for.
It may be that none of these matters rises to the level of
illegality per se, but impropriety? Yes. Regardless of whoever next
ascends to the office of mayor, the citizens of Memphis deserve a fresh
start in the way the city goes about doing things. The change needs to
come about now, and, however peremptory Lowery may have been in his
initial handling of things, he appears to have been spot-on in relation
to the fundamental issues themselves.
Elbert Jefferson needs to do the right thing and cut himself loose.
In that case, some honor might attend to his departure. If he chooses
not to and forces the council or — even more ominously —
the feds to resolve the matter, then he cannot avoid such consequences
as may come of that.
Jefferson had one day in court — his hearing on the firing
matter last month — and Chancellor Walter Evans found for him
then. He shouldn’t press his luck.
