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J Ford Canale, Memphis City Council Vote Manipulation? Memphis Council’s Mysterious Vote Shift on $1B More for Memphis Public Scheme

By: Joe B Kent on December 2, 2024

J Ford Canale changes his vote after the announcement

Despite the Memphis City Council Rules of Procedure, which clearly state: “Any member may change his or her vote at any time prior to the announcement of the vote as long as such change does not change the outcome of the vote” the outcome was changed. 

At the December 3, 2024, meeting, Vice Chair-elect Swearengen Washington, who chaired the Item #7 fiscal agent More for Memphis vote, announced the vote as passing and banged the gavel—with only six votes in favor. However, per council procedure, a measure requires a majority of seven votes to pass.

Before Washington’s initial announcement, the clerk reported the following vote:

  • White – Recused
  • Canale – Abstained
  • Logan – Abstained
  • Easter-Thomas – Yes
  • Ford – Yes
  • Spinosa – Yes
  • Swearengen Washington – Yes
  • Warren – Yes
  • Smiley – Yes

Council Chair JB Smiley immediately intervened, correctly stating that the vote failed with only six votes. Washington then banged the gavel again, declaring the measure had failed.

However, the controversy didn’t end there. The clerk then read the same voting roster aloud but curiously added Cooper-Sutton as an abstention. Then, in a shocking twist, Washington announced for a third time that Item #7 had passed, despite the video record showing no evidence of a correct roster.

The Daily Memphian later reported that “More for Memphis nearly derailed” and quoted Council Chair-elect Ford Canale as saying he had not abstained but voted “yes.” However, Canale’s statement is not evident in the council’s video record, and Washington failed to have the clerk read a corrected voting roster aloud with Canale as a “yes” vote.

As it stands, the passage of Item #7 remains contested. The only remedy lies with one of the councilors from the prevailing side of the originally announced vote—either Canale or Logan—moving to reconsider the matter before the minutes are approved at the December 17, 2024, council meeting. Notably, Cooper-Sutton, whose vote was not initially announced by the clerk, would not be allowed to make this motion.

If the vote is reconsidered, the third reading of the More for Memphis measure could be delayed into the new year, leaving its fate uncertain.

Here is the YouTube video link: 01:21:28 – https://www.youtube.com/watch?v=urbh5kT1Ejo 

Here is the Daily Memphian link: https://dailymemphian.com/section/metrocity-of-memphis/article/48343/memphis-city-council-budget-amendments-fiscal-year-downtown-police-mlgw-hyundai

 

Editor’s Note: Possible Criminal Laws and Legal Violations 

The actions of Councilor Ford Canale and the Memphis City Council, if accurately described, could potentially violate certain legal and ethical standards, including those related to fraud, abuse of office, and the falsification of public records. While it is crucial to further investigate the specific facts and intent behind these actions, here are possible criminal laws and violations that could apply:

  1. False Reporting or Misrepresentation of Public Records
  • Tennessee Code Annotated § 39-16-504:

This law prohibits knowingly making false entries or altering public records. If Canale or any council member falsely claimed to have voted “yes” after the vote was announced and recorded, this could constitute falsification of public records.

Potential Penalty: Class D felony in Tennessee, punishable by 2 to 12 years in prison and a fine of up to $5,000.

  1. Official Misconduct
  • Tennessee Code Annotated § 39-16-402:

This law criminalizes public servants who intentionally misuse their positions to commit unauthorized acts or to benefit themselves or others unlawfully. Manipulating or retroactively altering votes to favor the More for Memphis ordinance could constitute official misconduct.

Potential Penalty: Class E felony in Tennessee, punishable by 1 to 6 years in prison and a fine of up to $3,000.

  1. Conspiracy to Commit Fraud
  • Tennessee Code Annotated § 39-12-103:

If multiple council members acted together to alter vote outcomes or falsify records to ensure the passage of the ordinance, they could face conspiracy charges. This includes agreements to engage in unlawful acts such as misrepresentation, fraud, or abuse of office.

Potential Penalty: Punishable at the same level as the underlying crime, such as fraud or official misconduct.

  1. Fraudulent Misrepresentation
  • Tennessee Code Annotated § 39-14-121:

If the council misrepresented facts about the vote or the outcome to the public or for official records, they could face fraud charges. This would apply especially if the misrepresentation was intended to benefit More for Memphis or its affiliates.

Potential Penalty: Class D felony, punishable by 2 to 12 years in prison and fines.

  1. Abuse of Office
  • Tennessee Code Annotated § 8-47-101:

Abuse of office includes any act that willfully neglects the duties of a public official or intentionally subverts lawful processes. Altering vote records to push a controversial measure could qualify as abuse of office.

Potential Penalty: Grounds for removal from office and potential criminal charges.

  1. Obstruction of Justice
  • 18 U.S.C. § 1505 (Federal Obstruction):

If council members conspired to impede investigations into their actions or the ordinance, this could trigger federal obstruction charges. This applies if the actions were intended to mislead investigators or conceal misconduct.

Potential Penalty: Up to 5 years in prison and fines.

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