Wednesday, February 8

Part IV - Other Things You Need to Know to Measure the County Legislature.

What Should the Citizens Expect
From Those They Elect to the Office of County Commissioner
(aka County Legislator?)

A ten point ‘facts of life’ list that one should consider in measuring the Commissioners and the Board of County Commissioners, our legislature.

Hollywood Has it Wrong

Hollywood loves to lampoon politicians, but the real world is quite different. Most Legislatures are filled with folks who work to solve problems through debate, negotiation and compromise.

We Don’t All Agree

When we spend time with people who think like we do, we may start to believe that there is clear agreement about the key issues of the day. However, citizen agreement is only on a superficial level: better schools, lower taxes, improved roads and so on. The devil is in the details. It takes real work to find the specific solutions to problems.

You Can’t Win ‘em All

We are conditioned in our society to compete and strive to win. However, in a representative democracy, one group or one person can’t win all the time.

Change Takes Time

We are an instant gratification society, but democracy has been designed with "speed bumps" so that we don’t rush to judgment. Patience and careful deliberation are the hallmarks of good public policy.

Your Ideas Count

People often believe that Commissioners don’t listen to ordinary people. However, Commissioners are regular folks, too. They must care deeply about their communities and what their constituents think.

You are a Special Interest

Although special interests tend to be vilified, all of our citizens are represented directly or indirectly by special interests. Eight out of 10 Americans belong to an organized group with a policy agenda.

They Are Just like You

Commissioners live and work in the same community as their constituents. Most Commissioners run for office because they believe they can make a difference or stop a difference.

Politics is Messy

Like an ice cream sundae, politics can be messy, but it can be wonderful. Although politics can be slow, contentious conflict is normal and Democracies have a great record on peacefully settling its differences.

We Have the Gold Standard

The world looks to America for lessons in government. Newly emerging democracies look to us for tips on establishing safe and effective methods of governance. We can build a model unit for governance, at the county level.

The Citizens Have the Keys

The government belongs to you, the citizen. "We the People" is not an empty phrase. It’s up to you to get involved and participate. You can call, write or email your Commissioners and go to public meetings. Better still, think about being one. You might be able to make a positive difference.
Legislative Service is One of Democracy’s Worthiest Pursuits
County Elections in about 175 days.
Be part of the solution or be part of the problem?
You decide.
Respectfully submitted for your consideration.
Uncle Ted

Tuesday, February 7

Part III - What Does it Look like or What are we looking for?
Legislative Effectiveness, Can One Make A Difference?

History has shown that when candidates and/or lawmakers attack the ‘people’s branch’, itself, while promoting themselves in campaigns or their agendas, the institution pays a price in the public eye.

Having said that, one could arrive at the conclusion, every now and then, that is the price that must be paid in order to focus, the normally apathetic and unconcerned public eye, on the effectiveness of the current ‘people’s branches, all three of them.’

First Tough Question: - How does one highlight themselfs and their issues, while strengthening the ‘people’s branch ’ of government, if the current county government appears on most citizens score cards as seriously lacking in their ability to balance the interest of ALL the citizens of Hardin County?

Preferred Direction: We must return to the practice of being able to disagree with each other without damaging our friendships and trust in each other. Democracy, our master blueprint, truly is the best form of government mankind has found and we need to support it.

Our Board of County Commissioners, as an institution, need to be precise and direct; attack issues, not people; and avoid putting the people on the defensive.

Above All - Our County Commissioners themselves should be reliable, by being dependable, consistent, honest and observe confidentiality.

Our Commissioners must appreciate others and tell them the truth. This respect for individuals will build the foundation for respect for our future legislative, executive and judicial institutions.

It is easy to lash out at those that question our visions, but I would offer some historical reminders:

- - - On any issue, the other side has some valid points.

- - - You seldom gain by questioning the other side’s motives.

- - - On most issues you will find the solution in the "gray area" between the initial starting points.

- - - Keep your sense of perspective - - the legislature will carry on after we’ve left the scene.

One cannot over emphasize the need to earn respect of their colleagues through listening to and knowing their colleagues.

What Surprises New Legislators?

It was noted in our research several times that new members of most Legislative bodies:

Often enter the legislature with one or two key issues, but no idea of the "big picture."

Don't realize how their policy decisions have real effects for real people.

Don't understand the broad scope of their responsibilities.

Don't realize the great resources they have to help them do their work.

It will not be necessary to reinvent the wheel, so to speak, all one has to do is understand their role in the blueprint of services and do the best they can, with the tools that are required and provided by 'the people' .
Respectfully submitted for your consideration.
Uncle Ted

Monday, February 6


Part II - Where Did They Come From and What Are They Doing Here?
Our citizen approved Tennessee Constitution requires three separate citizen approved branches of "government," in order to insure that the checks and balances, required to be a democracy, are established.

That would be an elected Legislative branch that would be responsible for, among other important matters, the drafting and approving the subordinate laws of the Constitution; An elected Executive branch that would be responsible for operating the ‘government’ within the policies of the legislative branch and the limits of the law; And a Judicial branch that would be responsible for interpreting and administering the law, as written by the legislative branch. [It’s gonna be on the quiz. That’s three SEPARATE branches. Got it?]

By law, the ‘Board of County Commissioners,’ occupies the space in Hardin County government that is reserved for the Legislative Branch. That would make those folks that occupy the elected office of Commissioners, in reality, Legislators.

Under the Tennessee Constitution, counties are an extension of the state and are deemed political subdivisions of the state created in the exercise of its sovereign power to carry out the policy of the state.
Counties, as the creation of the state, are subject to control by Tennessee’s legislature, known as the General Assembly. Although the General Assembly has very broad powers to deal with county government, the state's constitution places some limitation on its discretion regarding counties.

A long line of Tennessee Supreme Court case law has held that counties have no authority except that expressly given them by statute or necessarily implied from it. Although statutes are the primary source of county authority, the Tennessee Constitution does contain a few provisions specifically addressed to county government. More on those later.

County Legislative Body

Nature of the Body. The county legislative body may exercise the powers of a legislative nature granted to it by the General Assembly in public acts (laws of general application or local option application which may be found in codified form in the Tennessee Code Annotated) or in private acts that apply to a particular county (that do not conflict with the general law).

The General Assembly has given the county legislative body a considerable array of powers, including the power to levy property taxes without limitation regarding rates, the power to expend funds for any lawful purpose, zoning powers for the unincorporated areas of the county and some regulatory powers, yet the General Assembly has not seen fit to grant to the county legislative body all of the powers that have been granted to Tennessee’s incorporated municipalities (cities and towns).
Therefore, counties must always look for the source of authority for any action taken, as counties have no authority to act outside the scope of the powers granted by the General Assembly.

Committees

There are many committees, boards and commissions in county government. The laws that apply can be very confusing. It is important to distinguish between internal committees of the county legislative body and committees or boards established or made optional by general law or private acts.

Internal committees of the county legislative body have no statutory requirements associated with them, they can be created or not according to the will of the county legislative body, they have no independent power to act, and may only make recommendations to the full county legislative body.

Therefore, the number, title, composition, method of appointment and other matters pertaining to these committees are determined by resolution of the county legislative body, either directly or through the adopted rules of procedure. These internal committees may vary greatly from county to county and may change easily within a county. They exist simply to provide advice to the full county legislative body.

On the other hand, a county may have many boards and committees that have their basis in either general state law or private acts. These statutory boards and committees have to be dealt with according to the terms of the laws that created them or authorized their creation. These boards and committees may exercise the powers granted to them by law, but no other powers may be exercised. Some statutory boards or committees may exercise some limited powers directly and in other matters they may merely make recommendations, as would an internal study committee.
Where Do We Get Them?

County commissioners are elected by popular vote at the regular August election in those even-numbered years in which the governor is elected, and each county commissioner takes office on September 1 following the election, after receiving the proper certificate of election and taking the required oath of office.

A county commissioner must take and subscribe to the following oath:
I do solemnly swear that I will perform with fidelity the duties of the office to which I have been elected and which I am about to assume. I do solemnly swear to support the constitutions of Tennessee and the United States and to faithfully perform the duties of the office of county commissioner representing the______ voting district of Hardin County, Tennessee.

Legislative Service Is One of Democracy's Worthiest Pursuits

Compensation. The compensation of county commissioners is determined by the county legislative body, although the General Assembly establishes the minimum compensation. County commissioners in Hardin County are compensated for attending regular sessions of the county legislative body and also receive compensation at one-half of the regular meeting rate for attending duly authorized committee meetings.

Duties. The county legislative body is the primary policy-making body in the county. However, the county legislative body, as noted, is limited to the authority granted to it by the General Assembly.

The most important function of the county legislative body is the annual adoption of a budget to allocate expenditures within the three major funds of county government - general, school, and highway - and any other funds (such as debt service) that may be in existence the County.

The county legislative body has considerable discretion in dealing with the budget for all funds except the school budget, which in Hardin County, like most counties, must be accepted or rejected as a whole.

The county legislative body sets a property tax rate which, along with revenues from other county taxes and fees as well as state and federal monies allocated to the county, are used to fund the budget.

The county legislative body is subject to various restrictions in imposing most taxes, such as referendum approval or rate limits, for example, although these do not apply to the property tax.

Another important function of the county legislative body is its role in electing county officers when there is a vacancy in an elected county office. The person elected by the county legislative body serves in the office for the remainder of the term or until a successor is elected, depending upon when the vacancy occurred.

On Other Matters. It is important that members of the county legislative body be familiar with the applicable state and federal laws which may affect the county, its business and its employees.

Also, the county legislative body members should have a basic understanding of potential liability, both personal liability and county liability, and of the Tennessee Governmental Tort Liability Act. Every county official should be familiar with the conflict of interest and disclosure laws applicable to their offices.

Don’t worry a lot about it though, County Technical Assistance Services covers such topics at each County Officials Orientation Program. Remember, it’s all written down, somewhere.

Sunday, February 5

Part I - The Big Picture is About Balance
What Should the Citizens Expect From Those They Elect to the
Office of County Commissioner aka County Legislator?

First, we need to discuss WHAT the Board of County Commissioners and the elected office of County Commissioner are really suppose to be. WHAT roll do they play in the ‘big picture’ of our Hardin County government?

For the 70% that are functionally literate, one only has to look at the books and records, which I have taken the time to do, because it is all written down. The blueprint, so to speak, is in our Tennessee Code. I know the easy answer to the question is that we expect the folks we elect to know and understand their job and to be what they are suppose to be. Well, duh!

But then again, that begs another question. How do we know they are being all they are suppose to be, if we don’t have a clue or concern about how to measure whether they are or not? Is it one of those, if the sun comes up in Hardin County tomorrow morning, the commissioners must be doing a pretty good job, thing?

Is there a check or balance between ‘the haves’, ‘the have nots’ and ‘the majority in between?’ You know that Democracy - "we the people," thing. Is there a balance in Hardin County? I think not!! History will teach you that the imbalance in Hardin County usually occurs when opportunity meets apathy.

If we ever expect to move Hardin County into the 21st century and away from its plantation mentality, we need to work on this question and there is no better time than now.
My answer and goal is to get more citizens to work on that apathy thing and to participate in the next opportunity. That would be the county election scheduled in less than 180 days.

The question that keeps running around in my head is, WHAT are ‘the people’ prepared to do? I truly believe that, within the privacy of the voting booth, the majority will say it is time to move away from our plantation mentality. Let’s try it a different way and elect folks that are willing to commit to read the book, learn their jobs and be all they can be. Put Hardin County in balance.
Put Hardin County in balance? After all is said and done, that's the job of our County Government and its' legislative, executive and judicial branches, checks and balances. Duh!
It is time to begin to inform ourselves in order to make an informed decision when the election day gets here, in less than 180 days.

End Part I

Respectfully submitted for your consideration.

Ted