Tuesday, February 14

Metalgate in Hardin County - Courier Readers Write fm Dec 2010

Comptroller says, they took it and management know about it.  Stay tuned.

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12/11/10
Readers Write Article

In last weeks front page story about the State digging for dirt in our garbage, didn’t the Manager of the County’s Waste Management Department, Mr. Randy Etheridge admitted, in the press no less, at least enough to be considered as “knowledge based on available information that reasonably causes the public official to believe” that a theft and other acts of unlawful taking of public money, property, and/or services has occurred in The Waste Management Department in Hardin County, TN, with at least a wink and a nod from management?

As one of those FYI things. The general allegations, as now confirmed by Mr Etheridge, in addition to Theft of Government Property, are also defined as “Offenses Against Administration of Government” with no less than three or four counts of Official Misconduct, each of which is a Class E Felony under T.C.A. §39-16-402.

To note the seriousness of these admissions, it should also be of note that the authorized terms of imprisonment and fines for a Class E felony, is not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute. Plus facing the reality of the branding of a convicted felon for the rest of your life.

Was that not one of the lamest reason for the retaliatory firing of the whistle blowing employee that could be put forth.

Of course, it probably would be insubordination if one of your long time employees had betrayed your mafia like dome of silence and as protocol sometimes requires, reported the crime and retaliation to the County Commissioner that represented his district, for hopefully an investigation. Why, this six year employee even had the audacity to get his story on the internet, for everyone to see. Yep, that is certainly being insubordinate, if you’re the mafia, but not if you are the local government.

I guess if you look at that in a kind of a skewed way, that would be a personnel problem. When an employee blows the whistle on unlawful activity, at any level, that could be a real personnel problem, that does not need to be kicked to the side of the road by those responsible for ensuring lawful activities of all public official.

Locally, one of those responsible parties is the Mayor, as Chief Executive Officer. But, who does one turn to when the Mayor is either in blind denial or up to his closed eye balls in trying to cover it up or make it go away?

The article noted that “[f]or his part, Davis is supporting Etheridge” and “Nobody had any blessing to take any kind of scrap metal. Getting a little ahead of yourself there, Mr. Mayor, unless you somehow recognize that there has been the taking.

As a note, it wasn’t that former President Nixon actually broke into the Watergate Hotel, it was his participation in the conspiracy to try to cover it up that forced him to resign.

Prior research has established that Mayor Davis stopped the potential “investigation” by the District’s Commissioner, who also just happens to work full time for the County and at the pleasure of the County Mayor. The Mayors direction was under the guise that the allegations were just a “personnel problem” and therefore there was nothing for the Commissioner/County Employee to get involved in because the Commissioner/County Employee did not have any jurisdiction to investigate personnel problems in the Solid Waste Department. The Mayor was going to have to back his other department head, Mr. Etheridge.

How is that going for you, Mr. Mayor?

The Commissioner/County Employee, - If you say so, o.k. with me, Mr. Mayor, nothing for me to investigate, case closed, no investigation, thank you.

If that ain’t hindering an investigation, I just don’t know what would be. It is kinda hard to define when the Commissioner/County Employee didn’t mind being hindered, and if fact, probably appreciated it.

Mayor Davis now challenges his department head, Mr. Etheridge’s admissions that "when I started (as director) 14 years ago, everybody was taking it. That was the policy," with “I say they’re allegations.”

The standard of proof for the allegations is, “knowledge based on available information that reasonably causes the public official to believe.” So sorry, Mr. Mayor, but it would be too long of a stretch to still consider them as just allegations after one of the targets of the inquiry, the Manager of that Department, has admitted to some of what you keep calling ‘allegations. (Criminal Justice - 101)

Remembering that the fact question is, has there been a theft or other acts of unlawful taking, just for the fun of it, let’s look at Mr. Etheridge’s comments in the article. "Employees are not allowed to take metal," Etheridge said. "Has that been a problem? Yes, from day one."

Said another way - “From day one, there has been a problem with employees are taking metal even though they were not allowed.” One could as County Commissioner Grisham if that applied to him.

How about, “a "zero tolerance" policy was being implemented for employees caught stealing metal from the recycling bins.” Does that mean that up until now there has been a tolerance policy for employees caught stealing metal from the recycling bins? It certainly appears so.

But wait, don’t we already have a “zero tolerance” policy for theft of county property in all of the departments?

Or even better, how about, “[w]hile acknowledging that there have been employees who improperly took metal from the recycling bins, Etheridge says anyone who claims he gave permission to do so is being untruthful.” And,”Yet Etheridge also says “that despite complaints of metal theft, he has never fired an employee for pilfering.”

I guess Mayor Davis and Mr. Etheridge are unaware of the phrase “tacit approval.”

Just to be helpful, and you know how I like to be helpful, according to my dictionary, tacit approval is a benign form of approval that is not expressed clearly, in words. It is silent approval. It is approval that is implied by other statements, actions or by a failure to clearly express disapproval with the situation, performance, idea, plan or request.

Also, tacit approval may be expressed by body language such as smiling, a nod of the head, a pat on the back or a shrug of the shoulders. It can be a friendly form of encouragement and support. On the other hand it is approval that can be easily and conveniently denied as/if a situation deteriorates.

I just really don’t think the pilfering could have possibly been going on for as long Mr. Etheridge acknowledges (from day one), without at least tacit approval. Come on, Mayor Davis, that’s not reality but welcome to the table of consequences.

Mayor Davis should give serious consideration to his oath of office to enforce the laws of the State of Tennessee and whether or not he has met his obligations under that oath.



Ted G. Cook

Savannah, TN