Time is Short

Time Is Short

Sure Could Use a Lot of Help

High Noon, April 6th Deadline

Got this little problem in my game plan and could use a lot of quick help, really.

My game plan calls for changing as many faces on the County Commission as is humanly possible. My problem is there are not going to be enough names on the ballot to give the voters a choice in some of the districts. Need to get more names and 10 days to get them. No problem, right?

I need some help recruiting someone in these districts to sign up as a choice or an alternative to those there now. Kind of like a none of the above person. If they get elected and still do not want to serve, for there own reasons, they can resign and the new and improved county commission can appoint someone to serve until the next election, and it won't be the incumbents..

District 1 - (Olivet) - Currently qualified - Combs and McFalls, both incumbents. Herrington has picked up, but not qualified. 2 incumbents and 1 possible choice.

District 3 - (Counce/Southside) - Childers and Jinkins, both incumbents & qualified. Brooks has picked up, but not qualified. 2 incumbents and 1 possible choice.

District 4 - (Crump/Shiloh) - Whitehorn, incumbent & qualified. Grisham has qualified. Clark has picked up, but not qualified. 1 incumbent and 1 new commissioner.

District 9 - (Courthouse) - White/Haggard, both incumbents have picked-up, but not qualified. Jerrolds has qualified. 2 possible incumbents and 1alternate choice.

See my problem. Not enough choices.

Anything you can do to help in any of these districts, would be appreciated. If you can think of someone who we might talk to about this little need for help, give me a shout.

Thanks
Ted

Notice of Two (2) Weeks Deadline for Applications

PART-TIME LEGISLATORS NEEDED
For The Hardin County Board of Commissioners
No Experience Necessary - Will Train Selected Applicants

Need, Want and Gotta Have: Hardin County Citizens, of good reputation, to serve as one of twenty legislators (Commissioners) on the county legislative body, and it’s various sub-committees, which has 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 along with some regulatory powers and many others.

Individuals Character Requirements - Must be reliable, by being dependable, consistent, honest and observe confidentiality. Must appreciate others and tell them the truth. This respect for individuals will build the foundation for respect for our future legislative institutions.

Work Requirements - Need to be precise and direct; willing to attack issues, not people; and avoid putting people on the defensive. The position comes with an obligation to educate the citizens.

Time Requirement - Must be willing to commit 10-20 Hours a month of your time, mostly after normal working hours.

Compensation - Currently averages $165.00 per month with State provided Paid Training and Certification.

Job Description - Exercise the powers of a legislative nature granted by the laws of the State of Tennessee on behalf of the citizens of your voting district. Service on the county legislative body which is the primary policy-making body in the county and is responsible for the adoption of a budget to allocate expenditures.

Application Requirements - Any county resident who is at least 18 years old, and who is not otherwise disqualified from holding public office (by reason of certain criminal convictions or other legal disqualifications). Must provide 25 registered voter recommendations from within the applicant’s voting district.

Nominating Petitions and job description may be picked up at the Hardin County Election Office, in the basement of the Courthouse, and must be returned with the nomination by no fewer than 25 registered voters, no later than noon on the April 8, 2006 deadline.

Final selections will be held County-Wide on August 3, 2006 with a September 1, 2006 start date.

The Citizens of Hardin County are Equal Opportunity Employers

The B.O.E. - Just Right or Just Wrong - Readers Write

Excuse me. I mean really, excuuussee, me––Board of Education, you and me, in the parking lot, if you know what I mean.

Just who in the blue blazes do you think you are? You have been told before, you are not above the law of the land. You will always conduct the affairs of this community in accordance with the oath you took, not just how you darn well please.

Not only did you flagrantly violate the Tennessee Open Meeting Act, the law of the land known as the Sunshine Law, after you publicly promised not to, just six short months ago, but you held your "special" meeting, with no public notice, on a day that no one would have suspected. A federal, state and local holiday, when even the County Commission didn’t do their business because of the holiday.

Further, state law requires that school boards adopt written policies concerning the method of accepting and reviewing applications and interviewing candidates for the superintendent’s position.

This is to ensure that the recruitment process, among other things, remains consistent and is not changed to suit particular applicants. A brief review of the policies reveals that this is not the only area the board chose to ignore.

You know, as my high school basketball coach, Willie Hudson, Perry County, explained to the team, there is just right and there is just wrong and you need to know the difference.

If this selection process is an example of these elected officials best efforts, they are not only Pitiful, with a capital "P," they cross the line into breaking the law of the land. It may very well be one of those wrongs without a remedy, but it is still wrong. Just plain wrong.

By the reports in The Courier, the board members obvious lack of due diligence, hence their lack of knowledge of their own policy or procedures, after years of so called service, along with their feeble attempt at setting aside or bypassing the law of the land coupled generally with exposing the negative politics influence on their decision making processes, are all clear examples of why we not only must chance the faces and attitudes of our County Commissioners but the faces and attitudes of our Board of Education, too. I’m sure we can do better.

The future direction of the public school system in Hardin County is at play.

The rare opportunity for the school board members to make an impact by selecting the director of our present and future public school system exposes the folks who seem to have more control over the impact of the decision making process than those we elected to make the decisions. That’s just wrong, but that’s politics.

Attempting to change the state-recommended policy or procedures that were put in place to prevent the very thing they were trying to do is about as straight forward breach of fiduciary responsibility as you can get. They tried to make the recruitment process inconsistent and change it to suit a particular applicant. Double Duh! That was just wrong!

The way the school board has handled this business is not only just wrong, it is shameful. I feel the voters of the districts electing new school board members will deal with those that they can. In the meantime, those that are not standing for reelection in August, should seriously consider submitting their resignations to the people and stand for reelection in August, anyway. I think we could make that work. What say you?

Do we really want to do it the same way we have always done it, because if we do, you can take it to the bank that we are going to get what we have always gotten. It’s going to take new faces with new attitudes and not a lot of political baggage.

I should think that at least one of the nonresident superintendent candidates would have made it to the finals. But of course, if the decision had already been made and the recruiting process was just for show, that would be the way it would work.

Respectfully submitted for your consideration.

Ted

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

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

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.

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

If a Frog Had Wings

If only there were someone at the City of Savannah or in Hardin County Government who could read and understand the Tennessee Code. If only there wasn’t the ever present distrust and hostility between these two governing bodies. But then again there is my favorite, that If a Frog Had Wings thing, too.

When it comes to the Tennessee River Resort District (TRRD) designation, what we have is a failure to communicate and it may very well cost Hardin County taxpayers $443,000 a year in slam dunk revenue. Sad but true.

The lack of communication is between the elected officials of the City of Savannah and the Hardin County Commission. When it comes to cooperation and working together, it appears as if the lights are on, but no one is at home, if you know what I mean.

But then again our current county officials, adopting the moto of the former chief executive officer, are not focusing on the future or the present, either. One has to wonder what these folks are looking at, or if they even have their eyes open at all.

Had the City of Savannah NOT elected to accept the TRRD status, Hardin County would have received an addition $443,000 in additional state-shared sales tax revenue in addition to the estimated $213,000 they are projected to receive by the election of the TRRD status.

Let’s see, that would be $656,000, a year based on FY 2005 sales tax revenues, instead of $213,000 in additional revenue for the County, if the City of Savannah was not a separate TRRD, for which they are projected to lose $16,600 the first year. Does that make a lot of sense?

The City of Savannah would continue to receive it’s estimated $443,000 per year in state-shared sales tax revenue, without the TRRD.

The published rational for the City of Savannah to elect TRRD status is that in the future the City will make up the current projected losses with increased sales tax revenue and possibly additional revenue from the sale of liquor by the drink.

Although Savannah is a separate corporate municipality, it is also my county seat and the administrative center for theCounty and should be a source of pride (and jobs) for Savannah.

But then again, based on the experience of the city in their dealings with the county on the 1997 one-cent sales tax increase, earmarked for education, one can understand their reluctance to trust the county to keep their end of any agreement that might have be made.

Again, sad but true.

Respectfully submitted for your consideration.

NEW FRONTIERS
(Bad News/Good News)

The bad news is, just when you think you've seen the frontier of an inept, inadequate and inefficient local county government, we find there is more to conquer.

The good news is, we only have a little over seven months before we can do something about it. That would be the August 3rd, county-wide elections when the voters will, in the privacy of the voting booth, select the folks who will look after our governmental affairs for the next four years.

Scary, ain’t it? That light we see at the end of the tunnel is the opportunity to reform the way our local county government does our business. It is the opportunity to elect folks who respect the will and authority of the people and to not re-elect those officials who try to force their will on the people, after the people have spoken.

For those folks that have expressed concerned for my continued efforts to keep myself informed and to participate, after the recent feeble attempt at character assassination by those folks who support increasing the tax burden on the poor, let me say that I am alive and well. Unemployed, but alive and well.

In the past I have quoted Edward Dowling who observed that the two greatest obstacles to democracy in this Country are, first, the widespread delusion among the poor that we have a democracy, and second, the chronic terror among the rich, lest we get it.

Now about this new frontier. It has recently came to light that after years of neglect by the Board of Education in repairing our schools in Hardin County, there has been money in the bank for years to make some of these much needed repairs.

The repairs haven’t been made because of a 1997 tax-sharing side agreement between the City of Savannah and Hardin County Government, that artificially restricted the use of any funds to a self-imposed ‘Phase I’ of the Board of Educations’ 40 year ‘master’ plan.

Back in 2002 there was over $2,000,000 dollars in the bank that could have been used, but for this side agreement, but without even discussing it with the City of Savannah, our County Commission and Mayor decided to repay an extra million dollars principal on the bond debt and not use the funds to make any repairs. Does that make sense?

Does it make any sense that if we have collected more money from the voter approved one-cent sales tax than was required to make the payments on our bonds, that we would not put that money to use for the purpose for which it was collected, to construct and repair our schools?

The Chairman of the Board of Education admitted at the last City Commission meeting that after only eight years, the Board of Education was already at least two years behind in their 40 year master plan. They have not even started the preliminary engineering work for the new North Elementary facility, because they say they don’t have the money.

The proof is in the pudding. All it has taken to proceed to put the long needed new roofs on two of our schools, was a simple request from the Board of Education to the City of Savannah and Hardin County government to amend this tax sharing side agreement to change a definition of the self imposed ‘Phase I’. Well, Duh!!

The questions are, what took so long and why is it going to take, according to the B.O.E.’s best plans, at least another 34 years, if they stay on their self-imposed schedule,to correct this major deficit in our school system?

Respectfully submitted for your consideration.

Uncle Ted

Binding or Non-binding Referendum

A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. Even though the voters rejected the wheel taxes by a binding referendum, the result were not respected.

The key word here is "Binding". This means that the government is legally obligated to abide by the results of the referendums –– whether it wants to or not. The word "binding" means that what the people say is "binding" ... ON THE GOVERNMENT.

Are there provisions in the statutes for the local legislative body to override the binding referendum? NO!!!!

After citizens in a county election voted down a proposed wheel tax in Hardin County, the County Commission, in direct violation of Article I of the Constitution, unilaterally set aside the election results and passed another resolution for the wheel tax increase again, without a referendum.

Once the people says you can’t do it, the county cannot say, yes we can. The binding referendum passage denied the local legislature the authority to levy the tax.

Regardless of what the politicians and the bureaucrats want, if the people vote for or against it, it becomes the law of the land. The final power is with the people. They are higher than any branch of government.

Perceived Flaw of the Referendum

A perceived flaw of the referendum process is that in some circumstances the democratic spirit of the referendum may be flouted by the repeated submission to the referendum of a proposal until it is eventually endorsed, perhaps due to a low turn-out or public fatigue with the issue.

This is especially a problem where a proposal may be difficult to reverse, as in a tax increase. The repeated holding of a referendum on a single issue has been pejoratively referred to as the phenomenon of the "never-end-um".

How Did We Let this Happen

Governments have become increasingly less responsive to our legitimate needs and wishes, and more inclined toward high-handed, oppressive control. Our vaunted system of "representative democracy" has failed to guarantee the well-being or respect of the people. Instead it has become the servant of the "special interest" groups, the result being increased profits for them, but increased social problems for us.

How did we let this happen? For one thing, we stopped thinking of ourselves as citizens, and co-creators of public policy, and instead became consumers, happily leaving the big decisions for governments to sort out, while we all went shopping. Slowly, as we settled into denial, becoming used to the perks, raises and rewards we got for being good little cogs in the big machine, by the very system that was buying us off so effectively.

We fell asleep at the wheel, forgetting what real democracy was, happily buying the Big Lie that this IS democracy, when in fact it is only a pale imitation. Year after year, government after government, betrayal after betrayal, one stupid decision after another, we heard the same story: that if we don’t like it, we can vote for the "opposition" next time around. That was our "democratic" chance to correct the noxious blunders of the previous government. Unfortunately it never really worked out that way.

Most politicians pay lip service to the "idea" of democracy, but when it comes down to the crunch, most of them just follow the party executive, and a small group of non-elected people and corporate lobbyists who shape policy.

Those who consider themselves "in power" usually hate real democracy because that means actually sharing "their" power with the people. All too often they fail to realize that it’s the people who pay their salaries, and for whom they are supposed to be working. And since "power" and not "justice" or "doing the right thing" is the name of the game, they naturally tend to crave that power, and then hoard it.

Along the way our political masters (and their tame pundits,) tend to twist logic, common sense and indeed the English language into contortions worthy of a Lewis Carroll novel.

First they contend that despite the evidence to the contrary, our current system of "representative democracy" is in fact "democracy". Then, when pressed to explain how it can possibly be the real thing, when "democracy" means the rule of the people, they then argue that if it isn’t really the real thing, then it is as near to the ideal as we can possibly get. End of story.

It may be distressing for some to ponder, but real power in this county rests with the executive branch, and to the elites to whom they, in turn, answer. It does not rest with the people. If it did, then how does one explain the systematic betrayal of the authentic, expressed wishes of the majority of the people? Face it. We live in an elected dictatorship.

The fact is that in the 21st century "representative democracy" is an oxymoron –– a contradiction in terms. Democracy means that the people get to rule themselves, make their own laws. Pure and simple.

Can We "The People" Really Be Trusted?

People in general think of "themselves" as trustworthy, able to think things through and discuss things rationally.

It’s just the "other people" who we’re not so sure of, never ourselves.. However, everyone is the "other people" to someone else. People who find themselves high up on the power pyramid like to make everyone else believe that only they –– "the experts" –– can be trusted, despite all the evidence to the contrary.

But we have reached the stage where after decades of betrayal by the elite, people are finally realizing how they have been unscrupulously manipulated and coerced. We are finally waking up to how badly run "the system" really is, and how seriously unbalanced and destructive it has become.

And as we begin to awaken we also begin to trust our own better judgment, our logic, and our common sense. Indeed, history has shown that we, the people, most certainly can be trusted to make the right political and economic decisions –– when given all the facts and the arguments in a free and open debate.

Can the people be "bought off" by big money and the advertising it can buy? A careful reading of past referendums shows that "big money" has more influence in "representative democracies" than it does in binding citizens’ initiated referendums. We are learning that it is the politicians who cannot be trusted to make the right decisions for the people, preferring as they often do to cater to special interests who not only "own" the party in power, but the "loyal opposition" as well.

When we are told by those who hate the idea of real democracy that we can’t be trusted to make the "correct" political decisions, what they mean is that we can’t be trusted to make the same decisions that they would make.

Can the people make a mistake, a wrong decision in a Binding Referendum? Of course we can. However, even if sometimes we make mistakes, they are certainly no worse than the mistakes made by our so-called "representatives".

Definitions

A de facto government is defined internationally (for instance by the World Bank) as a government that has taken power in the absence of, or in disregard to, a constitution approved by a vote of the people
A constitution is properly defined as a Charter of Government Deriving its Whole Authority from the Governed. (Blacks Law Dictionary, 6th Ed)

The Delaney Letter, Part II

Our Readers Write
Personal Opinions
November 24, 2005

We stand by our statements of Nov. 17 in Our Readers Write. At no time did we state, infer or otherwise mention Ted Cook, except to note him as the one heading the petition and the one to contact if you wanted your name removed.

Anyone who attempts to apply the letter to Mr. Cook has no reason to do so, including Mr. Cook. We apologize if anyone assumed otherwise.

Steve Delaney
Phillips Drive
Savannah

We stand by our statements of Nov. 17 in Our Readers Write.

That would be that Cook mislead Delaney, et. al., by telling specific untruths that led to Delaney and others to opposing the wheel tax in 2004 and warned others to not let Cook mislead them to oppose the wheel tax in 2005. Oops, Delaney didn’t oppose the wheel tax in 2004, he didn’t sign the petition and, in fact, supported the wheel tax in 2004 and 2005.

So be it, stand right there. If, in fact, Steve is the author of the letter, why does he speak in the plural with things like, we stand and our statements, instead of I stand and my statements? Who else is Steve speaking for? Who are the real authors of the letters?

At no time did we state, infer or otherwise mention Ted Cook,

Who were you talking about? Here’s your sign. The law has been relaxed to allow the plaintiff to merely allege the gist of the defamatory communication. Tenn. R. Civ. P. Rule 8.01; Handley v. May, 588 S.W.2d 772, 774 (Tenn. Ct. App. 1979). That would be, Cook lied to us, don’t let him do it to you.

Let’s consider whether the Letter was defamatory. The question of whether the Letter was understood by its readers as defamatory is a question for the jury, but the preliminary determination of whether the Letter is capable of being so understood is a question of law to be determined by the court. Cook has concluded it is defamatory and knowingly false.

It don’t matter what Delaney intended or thought with his innuendos, what matters is what a reader of the letter thought the innuendo was. Let’s see, if one were to ask, if you talk about the wheel tax issue and ‘one individual in particular’ at the same time, who do you think the majority of folks in this part of the country would probably think you are talking about? Especially in the Courier’s Readers Write section. Duh!

The letter is libelous, it constitute a threat to Cook's reputation. The words can reasonably be construed as holding Cook up to public hatred, contempt or ridicule. They carry with them an element of disgrace.

Trial courts are permitted to determine that a statement is not defamatory as a matter of law only when it can say that the statement is not reasonably capable of any defamatory meaning and cannot be reasonably understood in any defamatory sense. Gonna be hard to get past that.

Trial courts in defamation proceedings possess one additional adjudicatory prerogative that they do not possess in other civil cases. They have the independent authority to determine, based on all the facts, (a) whether the communication at issue is reasonably capable of conveying the particular meaning or innuendo ascribed to it by the plaintiff and (b) whether that meaning is defamatory in character.

If the letter is not reasonably capable of conveying the particular innuendo, why write this letter of apology? The disclaimer should have been in the first latter.

except to note him as the one heading the petition and the one to contact if you wanted your name removed.

No way to connect Cook to that ‘one particular person’ just because Delaney noted Cook ‘as the one heading the petition and the one to contact?’ Right!

Anyone who attempts to apply the letter to Mr. Cook has no reason to do so, including Mr. Cook.

innuendo - n. In law it means "an indirect hint." "Innuendo" is used in lawsuits for defamation , usually to show that the party suing was the person about whom the nasty statements were made or why the comments were defamatory.

Cook has good reason to do so, Cook knows at least the next leg of the truth behind the letter.

We apologize if anyone assumed otherwise.

How does one apologize to anyone for contributing to a wrong assumption, when the assumption your are apologizing for is the assumption you wanted them to assume?

Respectfully submitted for your consideration.

Ted

Here is a bit of Hardin County triva.

HISTORY - $28 wheel tax increase as proposed by Resolution No. 08-2004-137 and adopted by the Hardin County Commission on August 16, 2004.

Rhetoric - We have only two choices, this wheel tax increase or a property tax increase and we can't do the property tax thing until next year and we need to fund the jail project, right now and wheel tax is our only available funding source.

November 2004, 55% to 45%, the majority of the voters said no to the wheel tax increase to fund the construction of a new jail. Seems to me that means the voters accepted the risk of a property tax increase as an alternative.

TODAY - $36 wheel tax increase as proposed by Resolution No. 10-2005-176 and adopted by the Hardin County Commission on October 17, 2005.

Rhetoric - We didn’t do the property tax thing when we had the chance because we were in a state of flux with this lawsuit thing and it’s too late to do it now. It would be next year before we can do a property tax increase and the funds won’t start coming in until October 2007.

We’re ready now and we must build a jail complex, right away. What they don’t say is that they want to fund the expense of the jail lawsuit and everything else relating to the jail problem, as soon as possible, even though there is over $3 million in general fund balance.

Our only other choice to fund the $9.3 million dollar project, is the wheel tax and it has already cost over one million dollars in construction costs because of the delay caused by the voters, by vetoing this same funding resolution last year. If we don’t do it right now the costs will continue to go up, don’t veto this one.

THE FUTURE - Question: How can the county legislature body take it upon itself to pass and try to enforce virtually the same resolution, except that is ignorant of the results of the citizens vote, less that a year ago?

What prevents a county legislature from over-riding the vote of the citizens, over and over until the voters say, why bother. Going up on the rate each time as punishment for vetoing their resolutions, over and over again. When does it end?

I say, the only thing that can over-ride the lawful vote of the citizenry, is another vote of the citizens.

Have I missed something here?

Ted

NEED SOME HELP WITH DEMOCRACY IN HARDIN COUNTY, TENNESSEE

Simple Story - In late 2004, Local government wants and needs money, want to float some Capital Improvement Bonds to build a new Jail/Sheriff’s Department complex.

The question - How to pay for it!
Options - A regressive Vehicle Privilege Tax (a.k.a. Wheel Tax) increase or a proportional Property Tax increase.
Choice - Regressive Wheel Tax

The Question - How to pass the resolution authorizing the Increase in Wheel Tax?
Options - Two-Thirds majority at two consecutive meetings or voter approval.
Choice - Two-Thirds majority at two consecutive meetings.

The Question - Can the resolution be vetoed by the voters?
Option - Petition for referendum by 10% of last governors election voters.
Choice - Let’s Vote - Results - 55% vs 45% - November 2004 - NO wheel tax to construct the jail. Resolution vetoed by voters.

The Question - Can the will of the majority of the voters be overridden or ignored?
Option - Pass another resolution in October 2005 with no substantive change other than the dollar amount.
Choice - Override and Ignore the vote on the core issues and pass another resolution with 19-1 vote.

The Question - What to do about it after a second petition failed to get the required signatures due primarily to all out intimidation of the voters by the plantation overlords?
Option - File suite in court to challenge the resolution as violating the sovereignty of the vote by the people under Art. I, Section 1, State Constitution.
Option - Tell Bill O’Reilly and outside media and beg for a spotlight to shine on Democracy in Hardin County, Tennessee.
Choice - Both Options. Results - The will of the voters, once established by an actual vote, will not be violated or ignored in this Country, State or County!!!

While were spreading Democracy and respect for the vote of the people around the world, let's see a little bit of it here in Hardin County, Tennessee.

Thanks for your time. Respectfully submitted for your consideration.

Ted G. Cook
470 Hard Rock Road
Savannah, TN 38372

The Delaney Letter

Were There Reasonable Grounds for Believing
That the Statements in the Letter Were True?

Was There a High Degree of Awareness of Their Probable Falsity?

Did the Publisher In Fact

Entertained Serious Doubts as to the Truth of His Publications?

The Letter

We have learned a great deal more this time around what the true facts really are regarding the need for a jail and a wheel tax.

We were misled by one individual in particular regarding the facts the last time. Who Else But Cook?

We were told a lawsuit would not be filed. - Not Cook’s documented position
We were told that voting down the wheel tax would not cost the county any money. Not Cook’s documented position
We were told that the jail could be built without more taxes. Not Cook’s documented position
We were told a lot of ‘stuff’ that turned out to be untrue. Like what?
We even heard there were individuals who believe their names were signed for them on the last petition. Who knows; you tend to hear everything these days.
But we’ve heard enough now to realize we were misled last time and we weren’t the only ones. This Dude actively supported and Voted FOR the wheel tax, Cook opposed the wheel tax. Who else was misled?
You won’t see our names on the wheel tax petition. Who is 'our' because Delaney's wasn’t there the last time, either.
We encourage others who were misled or misunderstood before to not sign either. Who might that be?
And, if you have already signed and wished you didn’t contact Mr. Cook and insist your name is removed. Would that be that 'one individual in particular' person?
Let’s not be fooled this time. Cook fooled Delaney last time?

-end of letter-

Ostensible Factual Summary -

We were misled last time and we weren’t the only ones.
We were mislead by one individual in particular regarding the facts.
One can not trust Cook, he will mislead you with false statements like he did us and others.

We were told, by Cook, a lot of ‘stuff’ that turned out to be untrue.

The Case

The free communication of thoughts and opinions, is one of the invaluable rights of man and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

Did the writer intended to provoke to wrath of Cook, or expose him to public hatred, contempt, or ridicule, or to deprive him of the benefits of public confidence and social intercourse with the defamatory matter published in The Courier, on the 17th day of November 17, 2005?

The First and Fourteenth Amendments embody profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide open, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government, public officials and public figures. But not with actual malice. You Can’t Just Make It Up And Publish Lies!! Duh!

Actual malice exists when a statement is made with knowledge that the statement is false, or with reckless disregard of whether it is false and made with 'actual malice' -- that is, with knowledge that it was false or with reckless disregard of whether it was false or not. If a person receives a letter containing libelous matter, he will not be justified in publishing it. However, there are broad protection for misstatements about public figures that are not animated by malice.

Excerpts from U.S. Supreme Court Cases on Defamation.

Although honest utterance, even if inaccurate, may further the fruitful exercise of the right of free speech, it does not follow that the lie, knowingly and deliberately published about a public person, should enjoy a like immunity. At the time the First Amendment was adopted, as today, there were those unscrupulous enough and skillful enough to use the deliberate or reckless falsehood as an effective political tool to unseat the public servant, smear a public figure or even to topple an administration.

That speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. For the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected. Calculated falsehood falls into that class of utterances which 'are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. . . .' Chaplinsky v. New Hampshire, 315 U.S. 568, 572.

Hence the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection. Garrison v. Louisiana, 379 U.S. 64, 75 (1964).

The legitimate state interest underlying the law of libel is the compensation of individuals for the harm inflicted on them by defamatory falsehood. We would not lightly require the State to abandon this purpose, the individual's right to the protection of his own good name reflects no more than our basic concept of the essential dignity and worth of every human being a concept at the root of any decent system of ordered liberty.

The protection of private personality, like the protection of life itself, is left primarily to the individual States under the Ninth and Tenth Amendments. But this does not mean that the right is entitled to any less recognition by this Court as a basic of our constitutional system." Rosenblatt v. Baer, 383 U.S. 75, 92 (1966) (concurring opinion).

The Program
I choose to exercise my right to protect my own good name.
That’s All I Have Left. I’ve Earned It The Hard Way, Thank you very much.

American Are Dying,

Defending Our Right to Vote

Let’s Not Let Them Down

Sign the Petition - Let’s Vote

Don’t Let Jeff Sparks, the Landlords, the Preachers, the Car Dealers, our County Commission or Anyone Else Talk You Out of Exercising Your Right to Vote

We’ve Already Earned it!

Sign the Petition - Get It In

Let’s Vote

The Natural Way To Fund Our Operating Obligations

When will we accept the natural way to fund our operating obligations — property taxes that are enough to do the job. We now have to pay for the foolish decisions and procrastination of our county government in the past or even today.

The public needs to understand, that the taxes well-off people aren’t paying translate directly into a combination of higher taxes and reduced public services for the vast majority of Hardin County citizens.

County officials could have engendered more support by being up-front. Critics can chastise commissioners for failing to include the public in the decision-making process, in their rush to solve the jail crowding crisis. They deserve any criticism thrown their direction. This is a message that should resonated well with the voting public.

Any reassurance that community leaders are accurately representing the needs and interests of their constituents, has been total lip service.

Why do they do things in secret and wait until it's all done to tell us? They decide, and then they tell people what they're going to get stuck with. This doesn’t send a clear message to community stakeholders that their opinions matter.

Jail opponents can accused the jail planners of concentrating too much on bricks and jail bars and not enough on treatment and prevention programs to keep criminals from re-offending and re-entering the criminal justice system.

The guiding philosophy in criminal justice is to change the lifestyles and behaviors that lead to crime, resulting in fewer arrests, a reduced need for jail beds and a savings to taxpayers. This is a message that has resonated well with the voting public.

Tennessee’s tax system is the third most regressive in the entire Country, requiring low- and middle-income families to pay more of their income in tax than wealthier Tennesseans. In Hardin County it is about 4 times more for the low income families.

I think we can do better and I had rather not force my grandsons and their children to have to pay for the foolish decisions and procrastination of our county government.

Can't you just see, back some time ago in a smoke filled room somewhere in the past it has been decided - Since we own most of the property in Hardin County, we’ll keep the property taxes artificially low and soak the poor folks with sales tax, wheel tax, litigation tax and any other kind of regressive taxes, fees or charges we can, to operate on.

When we get the land prices where we want them and after we have sold all of the land we want to sell, when we get a lot of folks moved here because of our artificially low property taxes, we’ll increase the property taxes and catch up on repairing/replacing our infrastructure that won’t be able to maintain with no more taxes the low taxes will generate or for lack of funds.

Respectfully Submitted

The Landlords, The Ministers and The Car Dealers

Well now, there are some interesting observation to be made about the letters from the landlords, the ministers, the car dealers and 17 of the commissioners, with the mayor, in a recent Readers Write section in The Courier.

These folks’ letters and Mr. Johnny Bellis’ pretty ads attempt to debate the pros and cons of the wheel tax issue, I think.

At the same time they tell the citizens to not participate in the petition drive that would lead to a much needed debate of the whole jail problem solution, not just how to pay for it. The rational seem to be that if enough of the citizens do sign the petition, they will have to arrange for the citizens to vote and somehow that would not be a good thing because we don't have the time to mess with it.

They would have us believe that if they have to take the time for the citizens to express their wishes, again, the sky is going to fall in and we are really going to be in bad shape, then. Yah, Right. I believe that is the same rhetoric that was put out the last time this issue came up.

If the citizens exercise their constitutional right to vote, the voters may will veto the wheel tax, again. That might mean a property tax increase or, even worse, it might just require a real attempt to minimize the total cost of this project to the taxpayers, by thinking outside the box to plan solutions that will meet our needs for at least the next 15 to 20 years.

In reality, it needs to be pointed out that the only real issue we are facing today is whether or not there are enough concerned citizens with enough courage to step up and sign a petition. Some folks have refused to step up because of their concern that somehow the public record of them exercising their God given right to participate, could come back to haunt them someday.

The penalty of course would surely be some sort of retaliation from the Plantation’s Overlords for us sharecroppers going against their wishes.

The question is - Do at least 750 voters want to exercise their right to vote on the actions of our County Commission in raising our taxes or should we accept their actions on the face value of truth and wisdom.

You often hear the question, "Who’s looking after the minority?" In Hardin County the question is screaming, "Who’s looking after the majority?" It sure as heck is not our elected officials, not the landlords, not the car salesmen and as bad as I hate to say it, not the preachers.

The preachers ask "the citizens to support our elected officials as they make the tough decision of leadership for which they were elected." Yah Right. How can one support someone when they make the tough decision of leadership that they WERE NOT elected to make.

The citizens of Hardin County, in a duly called and held election, under the laws of the State of Tennessee, voted by a majority, in the privacy of the voting booth, not to increase the wheel tax to fund ‘the Jail Project.’

While it is true that the County Commissioners were elected to make tough decisions, the laws of the State of Tennessee give the voters a right to veto that decision, when it applies to local tax non-property increases, if a majority of the voters think they made that tough decision, wrong. This is called checks and balances. Duh! What a concept for Hardin County go get use to.

I wonder what part of that concept the Hardin County Ministerial Association do not understand. If one has any understanding of our form of government, one would know that our elected officials do not have veto rights on the citizen's vote. Not in a democracy.

Let’s try to remember that at one time I was ‘a preacher’s kid’ and the best I remember the notion on fair taxation is - A fair tax system asks citizens to contribute to the cost of government services based on their ability to pay.

This is a venerable idea, as old as the biblical notion that a few pennies from a poor woman’s purse cost her more than many pieces of gold from a rich man’s hoard. As someone once told my dad, there are times when preachers quit preaching and start meddling.

This debate is between the citizens and their elected officials. One could make the assumption that the registered voters also represent a cross-section of the folks that make up these folks congregations. With that thought in mind, if 55% of the flock do not want the wheel tax, just who are these folks representing and speaking for?

As far as the wheel tax issue is concerned, we have been there, done that. Let’s get about doing it different. That was the vote of the majority of the voters in Hardin County and one must remember that the citizens of the county are sovereign, and our county government's legitimacy flows from them.

These folks were elected to represent the citizens, within the limits of the County Charter and the Tennessee Constitution. Even if the state left the loophole in the statutes, I don’t believe they were elected to thumb their noses at the expressed wishes of the majority of the citizens. That action defies the concept of representative democracy or the majority rules concept, but clearly represents the concept of an aristocracy, controlled by a noble or privileged class.

It’s like these folks are telling us "excuse me, you poor forks, even if you are the majority, you have to listen to us because we know what you really want to do, even if you don’t.

The Unites States of America is a Federal Republic. Federal, state and local governments choose their officials based on the popular vote. This is commonly referred to as "representative democracy," and assumes voters choose candidates who represent their views.

Over the years their has been some divisive attitudes developed in Hardin County that keep the County pulled in different direction, to this day.

There is the ‘this or that side of the river’ thing, the ‘Savannah vs Hardin County’ thing and the ‘Savannah/Hardin County vs Pickwick/Counce/ Hardin County’ thing.

But, worst of all is the ever present ‘have and have nots’ attitude. Or as I like to call it, the ‘I got mine, to hell with you, Hardin County elitists attitude.’ Over the years this attitude had gone underground to the general population but it is in times like this that it is quite visible, even to folks who don’t really want to see it.

Our community leaders are constantly challenging the citizens to get involved and to participate in their schools, their community affairs and in their government, so they can trust the decisions made on the citizens behalf. Yet when one of the few opportunities under Tennessee law come along for them to do that very thing, we are told to not do it. What’s going on there?

Does that trust thing apply to an obvious breach of trust by those folks who are asking the citizens to blindly follow them, without questions or comments. Even though they are brazen enough to tell the a citizens they voted wrong.

I would submit that the citizens were not wrong in the last election when they vetoed the wheel tax, but they appear to have been wrong the election before last when they elected this group of commissioners and this mayor, if the voters had any expectation of representative democracy.

I don’t mind debating these folks in an open forum in order for the citizens to familiarize themselves with both sides of the debate. In reality, signing the petition says, ‘we want to hear the debates.’ What’s wrong with that?

Did you notice that the landlord’s think that "Hardin County currently enjoys relatively reasonable rental rates" and if the property taxes were increases they would be required to raise the rents. They make the point that ‘most people rental rates rise in increments of $5.00 per month . . . .’

Excuuuuse me. In order to justify a $60.00 annual increase in rents and attribute it to a .24 mill increase for the jail project, you would be renting a $100,000 per unit appraised market value. Yah right, they would just have to get a little more from those non-property owners.

Signing the petition does not overturn the wheel tax, it puts it on hold. The decision to overturn the tax, will be made by the voters. The Petition is the vehicle we have to use to make that happen.

Well now, it’s nice to have the super car salesmen and political giants, Mr. Jones (D) and Mr. Bellis (R), join in the debate, but as expected they arrived on the side of the plantation owners/overlords and not the sharecroppers.

The car dealers, a.k.a. - 'really good car salesmen,’ tell us that we can’t afford for someone outside the county to dictating to us about building and operating a jail for decades to come. Yah, right. Thee county commissionhas been doing such a wonderful job of doing nothing they were not forced to do over the last two decades with the jail problem, we certainly want to rely on them and their past history of building and operating the jail, don’t we?

Only a car salesman could conclude that "The wheel tax will be paid for by more individuals than a property tax." Well, duh!! According to the U.S. Census, 60% of our owner-occupied houses have two or more vehicles. Heck, eight percent have no vehicles and only thirty-two percent have only one vehicle.

Now when you couple that with their position that the wheel tax is the most efficient, broadest based and fairest tax available as an option to fund the jail, it really gets questionable.

I have no idea what data these folks reviewed to conclude "most efficient," but "broadest based and fairest tax available" can not be supported. Broadest based - while there are approximately 25,000 vehicles registered in Hardin County, there are also approximately 25,000 partials of property in Hardin County.

What they don't share is the fact that 40% of the tax bills for those partials, representing 25% of our total property tax base, are mailed out of state or out of the county to be paid. I would bet that most of these non-resident folks do not have a vehicle registered in Hardin County.

See the difference? The average Hardin County family has one partial of property valued at $70,000 and two vehicles. The increase on the vehicles would be $72.00 and would be only $42.00 on his property. With wheel tax, 40% of the property owners will get the benefit of a new facility for no contribution. What's fair about that?

The average poor and middle class citizen would have to have a $120,000 partial of property, instead of $70,000, to equal the cost of the wheel tax increase. But then again, it would be safe to bet that most, if not all, of the signators of the super car salesmen letter have substantially more real estate holding than the average citizen.

But then again, car dealers are exempt on paying wheel taxes in Hardin County on all of those cars you see parked on their lots, and one must remember these folks are basically really good ‘car salesmen’ and in this case I would highly recommend that you really need to read their warranty on their representations. Ever hear, trust me, it just needs running?

Respectfully submitted for your consideration.
Ted

Was it an Epiphany or a Violation of the Open Meetings Act (‘Sunshine Law’)?

We Report, You Decide.

BACKGROUND - There is a limited exception of the Sunshine Law for Attorney-Client discussions.

The narrow exception applies only to discussions between the members of the public body and the attorney. Once any discussion begins among members of the public body as to what action should be taken based on the advice of counsel, those discussion must be open to the public.

The exception was limited to cases in which there was present and pending litigation and the public body was named in the lawsuit. In 1991 the exception was extended to a meeting of the board with its attorney regarding a pending controversy that was likely to result in litigation.

In summary, this narrow exception applies only to meeting between a public body and it’s attorney that 1.) Must concern litigation that has already been filed or which is likely to be filed and to which the county is or will be a party, and 2.) The private meeting must be limited to discussions between the attorney and members of the public body regarding the public body’s legal options, and no discussions between members of the public body as to what action should be taken can take place.

One could argue that the private meetings held on October 13, 2005 and on October 17, 2005, as accurately reported in The Courier, violates the Open Meeting Act in that there must have been discussions between member of the County Commission as to what action should be taken at these meetings or they all had an epiphany at the same time. Each of the commissioners would have to have had a sudden intuitive realization or a sudden manifestation of the essence or meaning of the settlement agreement.

Now we’re talking about our Hardin County Commissioners and our Mayor here.

The Courier noted:

"After the public was readmitted, Commissioner James Whitehorn’s motion to "accept the settlement as presented" was unanimously approved without discussed by the board.

Mayor and Commission Chairman Davis did not offer any details about the settlement at the meeting and the attorney would not release a copy of the settlement to The Courier, saying it would not become a public record until signed by the parties to the suit."

This is the same settlement agreement that had just been unanimously approved at a public meeting, but it was not a public record, yet and the public couldn’t see it. Yeah, right.

Think about it. The standard is that NO discussions as to what action should be taken can take place and once any discussion begins among members of the public body as to what action should be taken based on the advice of counsel, those discussion must be open to the public. Not in Hardin County.

This is one of those wrongs without a remedy, but worthy of note for historical information.

But the question needs to be ask - remembering the litigation has been going on for months and the subject has been discussed for decades - Did it really take two more private meetings to explain the county’s legal options on the Jail to the Commissioners?

(Epiphany - A sudden manifestation of the essence or meaning of something.

A comprehension or perception of reality by means of a sudden intuitive realization.)

Whatta think?

You ask - when we get this paid off, will our wheel tax and other prices go down? The short answer is, NO.

It might depend on what we call ‘paid off.’ Not all of the $36 is going for debt service.

The current plans call for thirty year bonds to be issued. No one, and I mean no one, expects this facility to meet our needs for the next thirty years.

The County Jail Consultant (from Kentucky) use 15 years out population projections to determine our bed needs, but this is also the same consultant that determined that 29,000 population at 4.5 beds per 1,000 is 152. Yep that's what we need, 152 beds. Well, 4.5 X 29 is 130.5. Trust me, I can't even make this stuff up.

The folks who ought to know say that we could fill up the 152 beds the day the facility open. The day after we will be back to overcrowding again. But then again, we do have the room to expand the jail by 100 beds, when we need to. Wonder how we are going to pay for the expansion?

Also, you might note that one-third of the wheel tax income goes for increased operating expenses of our new and improved facility. How do you ever get those 'paid off?'

The debt service for 30 years on $9.3 million at 4.5% per year (approx. $600,000 per year) is almost $18,000,000. By the way, does anyone have a clue as to what makes up the $9.3 million. Me Neither.

One must remember that a detention facility is capital project. And capital project are generally funded with property taxes. There are specific statutes that say the County Legislative Body, our County Commission, has a DUTY to erect a jail and courthouse. That's a capital project.

Who gains the most from having the ability to get the bad guy off the streets? The folks who have something for them to mess with or them that have to work pay check to pay check.

Said another way, The bad guys and gals drive by those $125,000 homes and say, O. K. let’s mess with their stuff. They drive by my $10,000 trailer and say, don't bother.

Both of us have cars, his is a Hummer and mine is a 1975 Ford pick-us that needs tires and some bondo, that I can't afford.

Both vehicles get charged the same for the privileges of driving on the roads in Hardin County. His is black topped and mine is chips and oil with a lot of patches on it. But, we all pay the same amount to build a jail and sheriff's department facility.

If I'm paying to have my $10,000 trailer protected, why shouldn't I expect those folks that are getting their $125,000 home protected to kick in a few dollars more. They are getting the greater benefit, aren't they?

Ted

Why Should the Rich Pay More?

Some say, for the same reason John Dillinger robbed banks: because that's where the money is. There is some logic to that, the richest 2% control in the ballpark of 40% of the private wealth in the USA.

Others say; "Because they can afford it." Others who complain about progressive taxes say it's because people want "revenge on the rich", or it's "class envy". Or they say, "Why should the successful people be penalized?" That is an interesting take on reality.

But there is one argument that is not often seen, the "follow the money", or follow the tax money argument. Simply put, it says you get what you pay for. It says that if you eat a gourmet meal, you have purchased an entire different meal (not just more of it) than for a McDonald's Happy Meal.

One could claim that progressive taxes buys Rich Boy toys, regressive taxes buy Poor Boy toys. We say fair is fair. To test this idea, we follow the tax money.

Progressive taxes (such as income taxes) pay mostly for Rich Boy toys: the War on Terror, Katrena, gunboat diplomacy, the Fed's infinite labor pool and any related poverty, NAFTA, GAT, free trade agreements, interstate freeways, National Parks, FBI, CIA, a hot-shot standing military, etc. And regressive taxes: (mostly local sales taxes and fees) go for Poor Boy toys: local roads, hospitals, schools, local parks, libraries, cops, city/county councils, fire fighting, etc.

If "toys" sounds too flippant, feel free to swap with a term that rings true for you, such as "tools of the trade", or "economic infrastructures."

To oversimplify a bit, a carpenter does not require the Rich Boy toys, and the CEO of General Motors does not require the Poor Boy toys. And progressive (mostly federal income) taxes soak the rich, regressive (mostly local sales) taxes soak the poor. We are going to talk about Soaking the poor and middle class.