A 180 Days, My Ass

Cook would submit that the 180 day statute of limitations period utilized by the Registry as a restriction on the authority and/or ability of the Registry to allow the Sworn Complaint, lawfully filed by Cook, to proceed to an investigation, is totally misplaced and absurd.

FACT: The only mention of this 180 day period in Part 1 or Part 2 is in Part 2 - Registry of Election Finance Act of 1989. The reference to 180 days is mentioned only the one (1) time in this section, which applies only the to the duty of the Registry to review all filed statement in order for the Registry to ensure statutory compliance sufficiency.

Basically, if the Registry takes no action in 180 days, its deemed sufficient as to any Registry to review and ensure compliance.

2-10-206(a)(4) - The duties of the registry include . . . Review all filed statements to ensure compliance with the respective disclosure laws. Statements filed with the registry for more than two (2) years [180 days prior to 2/15/06] shall be deemed to be sufficient, absent a showing of fraud or the existence of an ongoing investigation related to such statement:

2-10-206(a)(7) - The duties of the registry include . . . Investigate any alleged violation upon sworn complaint . . . [Note: no reference to 180 days and it is a DUTY to investigate, not an option]

2-10-206(a)(8) - The duties of the registry include . . . Preserve all reports or statements for five (5) years from the date of filing absent any pending investigation by the Registry of Election Finance or any other law enforcement agency or absent any administrative or court proceeding:
[ Note: Why would you be required to keep records for five years if you couldn’t do anything about them after 180 days?]

2-10-207 - The registry has the power (4) In determining whether an actual violation has occurred, conduct a contested case hearing and (8) Where the results of its investigation indicate a criminal act may have occurred, the registry shall refer the matter to the appropriate district attorney general for criminal prosecution.

2-10-108 (a) - Sworn complaint alleging that a statement filed regarding an election does not conform to law or to the truth or a failure to file.
NOTE: [NO LINKAGE OF THE 180 DAYS REFERRED TO UNDER DUTIES OF THE REGISTRY TO THIS SECTION AND NO REQUIREMENT TO SHOW FRAUD.]

See also : Rule 0530-1-1-.02 BOOKKEEPING PROCEDURES

(7) A candidate . . . shall maintain all bank statements, cancelled checks and other accounting records and required documentation listed in item 5 for a campaign account for at least one (1) year after the date of the election to which the records refer, except in the case of such accounting records used in completing a supplemental campaign financial disclosure report which shall be maintained for at least one (1) year after the date that the report to which the records refer is filed. . . .

[ Note: Why would one be required to keep records for at least (1) year, [now 2 years], if no one but the Registry could do anything about them after 180 days, without proving fraud, first? What the hell is the Registry to, if a Complaintent has to prove fraud, before the Registry does their investigation?]

I say again, 180 day, my ass!!!

Respectfully submitted for your consideration

Uncle Ted

The Sworn Allegations

Sending this off on Friday, September 22, 2006. It's so new that they will have to day, Well, Hotdam.

From the desk of
Ted G. Cook
470 Hard Rock Road
Savannah, TN 38372

September 22, 2006

Chairperson Murray and All Members
Tennessee Registry of Election Finance

404 James Robertson Parkway, Suite 1614

Nashville, Tennessee 37243

In Re: Sworn Allegations filed against the
Individual Members of the Registry
Pursuant to T.C.A.§2-10-203(k)(1)&(2)

Dear Madam Chairman,

What follows is another fine example of the fact that there is abuse of the Financial Disclosure and Campaign Financing laws, not only in Hardin County, but, in the Nashville, as well.

Your expedited attention to this matter would be greatly appreciated.

SWORN ALLEGATIONS

Pursuant to Section §2-10-203(k)(1) and (2) of the Tennessee Code, I hereby file these sworn allegations against those members of the Tennessee Registry of Election Finance, (Collectively referred to as ‘the Registry’) who were present at the September 13, 2006 scheduled monthly meeting of the members and voted for the summary dismissal of the Sworn Complaint that was filed against Representative Randy Rinks, (District 71), dated August 11, 2006, for violation of the requirements of Section §2-10-107 of the Tennessee Code and Chapter 0530-1-1 of the Rules of the Tennessee Registry of Election Finance.

There have been no allegations, or findings, that the Sworn Complaint is false in any way or that it was filed for the purpose of harassment. There have been no civil penalties assessed nor attorney fees awarded.

There was no notice, phone calls, e-mails or any other communication or correspondence generated by the Tennessee Registry of Election Finance that the agenda would or could included a possible or potential action to dismiss the Sworn Complaint. Simply noting "Sworn Complaint against Randy Rinks" as an agenda item is not sufficient notice as would fairly inform the public of potential dismissal. That’s a sunshine law violation, so in reality the action taken by the Registry are void for lack of proper notice to Cook or anyone else.

NOW, THEREFORE In support of these sworn allegations, I would, under oath, believing them to be true and correct statements, allege as follows:

Alleged Violations of the Federal and State Constitutions

The members of the Registry knowingly, and unlawfully, summarily dismissed the lawfully filed Sworn Complaint of Cook for the purpose of preventing, and did, in fact, prevent, Cook from exercise Cook’s right to petition the government for redress of grievances and to enjoy the benefits of the petition, granted and guaranteed, by and under, both Constitutions; also

The Registry knowingly and unlawfully dismissed the lawfully filed Sworn Complaint of Cook for the purpose of denying Cook the benefit of or to prevent Cook from enjoying Cook’s right, to equal protection under the law and due process, granted under both Constitutions.

Generally. The members of the Registry who were present, at the September 13, 2006 scheduled monthly meeting of the Registry, and voted for the summary dismissal of the Sworn Complaint that was filed against Representative Randy Rinks, (District 71), willfully abandoned their duty to investigate any sworn complaint and did abdicated the Registry’s duty and responsibility, for the enforcement of the Campaign Financial Disclosure Act and the Registry’s rules. They have simply refuse to adhere to or enforce the Campaign Finance Disclosure Laws of the State of Tennessee, or even the intent of the Campaign Finance Disclosure Laws of the State of Tennessee.

Alleged Violations of State of Tennessee Laws.

The Registry knowingly and unlawfully dismissed the lawfully filed Sworn Complaint of Cook for the purpose of preventing Cook from exercise Cook’s right to the results of the statutorily mandated investigation under this title and committed a Class A misdemeanor, in so doing (T.C.A. §§ 2-19-103)

The individual members of the Registry willfully violated provisions of this title made for the protection of elections and committed a Class A Misdemeanor, in so doing. T.C.A. §2-19-113

The individual members of the Registry knowingly made or consented to false or entries ‘not deemed sufficient, by law, on an election document and further published these election documents on the internet, leaving the false impression and/or representation of the Registry’s assurance of compliance with the Disclosure Laws, and committed a Class D Felony, in so doing. T.C.A. §3-19-109

Summary of Allegations

Having first been charged, by Cook, with obvious sanctioned neglect of it’s duty to review all filed statements to insure compliance with Tennessee’s Campaign Disclosure laws and rules, the Registry, knowingly, and in an attempt to not to have to respond to these allegations and possibly in an effort to shield Representative Rinks from an investigation, unlawfully took it upon itself to summarily dismiss, without notice, the Sworn Complaint filed by Cook, dated August 11, 2006.

This is activity constitutes a prohibited activity and meets the requirements of T.C.A. §2-10-203(k)(1) and (2), for removal from office.

The members, unless they wish to challenge these allegations, should be deemed to be statutorily removed from office for violation of their oath of office and/or for their participation in an activity prohibited by this chapter.

The Registry has allowed, without question or correction, Representative Rinks, and others, to report their expenditures of campaign funds, for at least the last three years, in a format that the statutes, and the Registry’s rules promulgated by the Registry, itself, defined as ‘not deemed sufficient’ and in so doing, abdicated and abandoned their oversight responsibility and duties as members of the Registry to ensure compliance with the Campaign Finance Disclosure Laws, along with their oath of office.

WHEREFORE, The undersigned respectfully requests that the proper authorities causes an independent investigation of the above allegations, and upon an agreement or a finding of violation of the above-referenced statutes and Constitutions, the members of the Registry be deemed to be removed from office.



Respectfully submitted,


Ted G. Cook
470 Hard Rock Road
Savannah, TN 38372
731-925-4753
e-mail: tedgcook@charter.net

You Say There Is No Recourse From The Registry of Campaign Finance Actions - WRONG

Well check this out.

PUBLIC ACTS, 2006 - Chapter No. 1
Amend Tennessee Code Annotated
Comprehensive Governmental Ethics Reform Act of 2006

SECTION 25: Tennessee Code Annotated, Section 2-10-203, is amended by deleting subsections (h) through (k) and substituting instead the following:

[The following Section (k)(1) and (2) were added to 2-10-203 - Registry of election finance - Creation- Appointments - Qualifications - Administration.]

2-10-203(k)(1) Every member of the Registry of Election Finance shall before they proceed to business take an oath or affirmation to support the Constitution of this state, and of the United States and the laws of this state and also the following oath: I ________ do solemnly swear (or Affirm) that as a member of this Registry of Election Finance, I will, in all matters, vote without favor, affection, partiality, or prejudice; and that I will not propose or assent to any action, measure, or resolution which shall appear to me to be contrary to law.

2-10-203(k)(2) Unless otherwise provided by law, any member of the registry who violates the oath of office for such position or participates in any of the activities prohibited by this chapter commits a Class a Misdemeanor. If a sworn allegation is made that a member has violated the oath of office for such position or has participated in any of the activities prohibited by this chapter, then upon a unanimous vote of the remaining members, the member against whom the sworn allegation is made may be suspended from the registry for such purposes and for such times as the remaining members shall unanimously determine, but no such suspension shall extend beyond final disposition of the sworn allegation. The accused member shall not participate in the suspension vote. If a member of the registry is found guilty of or pleads guilty or nolo contendere to a violation of the oath of office for such position or participates in any of the activities prohibited by this chapter, then such member shall be deemed to be removed from office.

Effective Date of Section 25: February 15, 2006

You just know that I'm going to have to give this a shot. Oh, yah!

Odd Things About Rep. Rinks' 2006 Filings

I noticed that one of the comments on one of the political blogs was that they didn’t spot anything highly odd in Rep. Rinks' 2006 campaign expenditures reports. That is in line with the Registry view, that they all look alike after a while.

Probably because I haven’t seen a lot of these reports, except Rinks, which I have damn near memorized, I really didn’t have a lot of practical experience in the details of the oversight of the campaign disclosure laws.

But, I have taken the time, before and after I filed the complaint, to make a through study and analyses of the statutes and everything else I could get my hands on. Filled up a huge Election Finance research file.

Ain’t being kinda retired GREAT. Oh, yah!

I digress, other odd things about Randy’s 2006 campaign expenditures. The following are a few of the odd things that I spotted, from an academic standpoint. First let me make the point that the new and improved ‘Comprehensive Governmental Ethics Reform Act of 2006" (just kidding about the new and improved part) added in T.C.A. 2-10-107(a)(2)(B) . . ., and the purpose thereof which shall clearly identify that it is an allowable expenditure under 2-10-114"

One of the best ones,again, is NASHVILLE CITY CLUB - $439.87 - FOR DUES / SUBSCRIPTIONS. Say what? I’d like to see that receipt, please. The ammended 2-10-114(b)(2) (those pesky ‘specifically prohibited’ things)(F) says ‘Dues, fees, or gratuities at a country club, health club, or recreational facility, unless they are part of a specific fund raising event that takes place on the organization’s premises;’ A nightclub may fall under the umbrella of a ‘recreational’ facility, ya think. Para. (H) covers ‘or other form of entertainment’ unless it is an expense associated with a legitimate campaign or officeholder activity.

How about that DONATION of $500.00 to LOVE, SALLY, CLEVELAND, TN (Not 71st Dist.)? Campaign or officeholder activity?

Then of course we have GIFTS of $174.46 to HICKORY FARMS and $424.31 FOR FLOWERS to SAVANNAH FLORIST.

It really makes me wonder when I find that one of the most successful restaurant in Hardin County, named SHAWS RESTAURANT, was the beneficiary of a $238.95 DONATION from Rep. Rinks. Again, would that be a campaign or officeholder activity?

You can’t tell from the ‘disclosure’ statement, but, don’t you just have to wonder why Rinks RETURNED CONTRIBUTIONS’ to Mr. JOHNSON, GARY of MORRISTOWN, TN?

There was that $1,500.00 Monetary Contribution For the November 2006 General election on January 19, 2005. It must have taken them that long to figure out that the contribution was problematical with a limitations issue or maybe he just wanted SOME of his money back. Go figure.

Hay, that is just the First Quarter 2006 Reports for the 2006 election cycle's which began right after the last election, but with the new disclosure statements and more specific staturoy disclosure requirements.

You know, I have voted for Randy for the last 10 year and I basically like and appreciate him. He deserves the opportunity to defend on not defend any of his actions that he chooses, but he should also address my concerns if a forthright and direct way.

Respectfully submitted for your consideration.
Uncle Ted

Its Aloose on the Internet

These were my comments to Mr. Hobbs article on his blog page - Election Finance Registry Fails to Investigate Rep. Rinks' Questionable Campaign Spending

Bill

As I understood the why the Tennessee Registry of Election Finance dismissed my 'complaint' was basically three fold.

First, Rep. Rinks' 2005 Supplement, a 'between election' year, as dated February 08, 2006, (one week before the new 'ethics' law was signed by the Governor), and the way Mr. Rawlins computed the time, my complaint was four (4) days past the 180 day time frame of the old statute, and therefore Rep. Rinks' Supplement had to be considered sufficient, although the time frame, as of February 15, 2006, is now two (2) years.

It was put forth that the Registry's hands were tied, unless I was prepared to allege and prove fraud, at the meeting.

I tried to explain that in the broadest sense, a fraud is a deception made for personal gain and that was applicable to converting campaign contributions to personal use.

I tried to explain that it was not my responsibility to allege or prove fraud, but was told that unless I was prepared to prove fraud, that day, my complaint was going to be dismissed. Duh!

Second, the Registry could not assess penalties for anything that wasn't encompassed in the statutes themself and their rules had no bearing. Mr. Rawlins tried to explain to me, and his puppets, that that was the reason the Registry couldn't or didn't raise the issues themselves.

This was after I pointed out to these folks that their own rules forbid these type of 'contributions' and their totally obscure purpose descriptions and had the Registry review for these reports for compliance, they should have returned the filings for correction, themself, within the 180 days.

Third, and my favorite, was put forth by the Chairperson,"Mr. Cook, you have to understand that Rep. Rinks' filings are not any different that the rest of the filing we get.'

One could accused the Registry of being not only complacent, but "in denial", about the failings of their system.

Posted by: Ted Cook at September 15, 2006 09:44 PM

The Memorandum Cover to TREF

From the desk of
Ted G. Cook
470 Hard Rock Road
Savannah, TN 38372

MEMORANDUM

September 12, 2006

From: Ted G. Cook, Complainer
To: Chairperson Murray and Other Members of the Registry of Election Finance

In re: Agenda for your September monthly meeting -
Item 6. Sworn Complaint against Randy Rinks

Greetings Ladies and Gentlemen,

Recognizing that your agenda appears to be quite lengthy and by the time we get to the reference Item 6, we will probably all be ready to call it a day, I am taking the liberty of faxing the attach information for your review in considering the actions to take in regard to my Sworn Complaint.

There are several questions posed within the attached report that I would like go get answered during the debate on the action to take, if any.

I look forward to attending your meeting tomorrow and will make myself available, if you have any further need.

Respectfully submitted for your consideration.

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

UPDATE

Boy, was this a waste of time? Not really. Someday, the questions will be ask, What Did You Know, When Did You Know It and What Did You Do About It? It will be in their files andrecords for September 13, 2006. I promised the folks that I would be back and I like to keep my promises.

Principle of Law Over Power

"Where shall we seek justice when the injustice of power is our destruction?"
Euripides

This was one of the enclosures that was sent the the folks, the Registry of Election Finance, who were going to deal with my sworn complaint about Rep. Rinks questionable Campaign Financal Disclosure filing.

(In case you have missed it, they dismissed it because it was 4 days past their time limitations for considering the sufficiancy of the report) You can catch up on Bill Hobbs Blog.

Back to the Memo.

Why Am I Here? -
Political Activities and Legislative Activities Are Two Different Things and Are Subject to Two Different Sets of Rules. (Internal Revenue Service - Non-Political Purpose)

Relief Sought -
There are suppose to be unpleasant consequences for folks who play fast and loose with our election and financial disclosure laws. (Not in Hardin County, We’ll see about the State)

You note in one of your annual ‘Reports’ that if more accurate reports were being filed with the Registry, the Registry would not need to send as many reports back for corrections. That would reduce the Registry’s postage and supply costs.

The question is: Do incorrect reports not get sent back for corrections because the Registry is limited in staff and by a limited amount of resources for manpower, postage and supply costs?

Why don’t incorrect reports, like Rep. Rinks, get sent back? Are they even being reviewed for compliance?

Background:
The day I was promoted to Chief Personnelman, U.S. Navy, was one of the bests days of my life. Being sworn in as a Tennessee Constable is up there, too. I had became a student of government operations and procedures in my training and assignments as a Navy Management Analysis conducting administrative inspections for compliance with operations regulations and procedures. Serving as a Tennessee Constable and the time spent in the State and Federal Court Systems have develop a sense of law enforcement. I’m here to try to get the law enforced. It’s that simple.

Your web site says that the Registry of Election Finance was created as an independent entity of state government and is responsible for the enforcement of the Campaign Financial Disclosures Act (T.C.A. 2-10-101-, et seq.), among others.

It further says that in making his third appointment, the Governor is required so solicit nominations that have demonstrated a nonpartisan interest in fair election and informed voting. I would assume that this nonpartisan interest in fair election and informed voting is the ultimate goal of the State and thus the Registry of Election Finance.

Considering the status and presence of Rep. Rinks, which should not distract from the facts of my sworn complaint, a through review and accounting would be in the best interest of all concerned.

Is the Campaign Financial Disclosures Act a hollow statute? It is in Hardin County and it appears they learned from the State. When someone makes a mockery of the Act and the Rules and no one seems to have the least bit of interest in calling them to task, by enforcing the statutes, it is probably because it is such a mockery that it expands quickly to Perjury, a couple of Felonious act and a few Misdemeanors and involves longtime strong political supporters of our State Representative and State Senator.

Down here you can file virtually a blank sworn statement and it’s ok with the County Elections Commission because they say they are not required to review for compliance or responsible for the enforcement of the Campaign Financial Disclosures Act and only required to accept the filings in a timely manner. Opps.

(I also sent them the case law that establishes their DUTY to investivate a sworn complaint)

Respectfully submitted for your consideration.
Uncle Ted

Things to Ponder

"The only thing necessary for the triumph of evil is for good men to do nothing." - Edmund Burke

"The function of wisdom is to discriminate between good and evil." - Unknown

"Science may have found a cure for most evils; but it has found no remedy for the worst of them all -- the apathy of human beings." - Helen Keller

"The world is a dangerous place to live, not because of the people who are evil, but because of the people who don't do anything about it." - Albert Einstein

"When you choose the lesser of two evils, always remember that it is still an evil." - Max Lerner

"...Man had always assumed that he was more intelligent than dolphins because he had achieved so much... the wheel, New York, wars, and so on, whilst all the dolphins had ever done was muck about in the water having a good time. But conversely the dolphins believed themselves to be more intelligent than man for precisely the same reasons." - Douglas Adams

"When choosing between two evils I always like to take the one I've never tried before." - Mae West

"To defeat them, First we must understand them." - Elie Wiesel (Nobel Laureate)

This is Ted Cook reminding you to challenge moral relativity when you see it or hear it. It is a shame that some people do not understand that there is a difference between right and wrong, good and evil. So please do your part to let them know.

Moving My Act To Nashville for the Fall

This is as much about the Registry of Election Finance not doing their job as it about Rep.Randy, not representing my rights and playing fast and loose with his campaign funds.

We report, you decide.

Uncle Ted

From the desk of
Ted G. Cook
470 Hard Rock Road
Savannah, TN 38372
August 11, 2006

Tennessee Registry of Election Finance

404 James Robertson Parkway, Suite 1614

Nashville, Tennessee 37243

Dear Mr. Chairman,

What follows is another fine example of the fact that there is abuse of the Financial Disclosure and Campaign Financing laws in Hardin County and if history repeats itself, no one will wants to do their job, including your fine offices.

Our State Attorney General has opined, in Ag-Op 05-172, December 7, 2005, that the Registry of Election Finance has a duty to review all filed statements to insure compliance. The following sworn complaint will show that your fine offices may have neglected that duty, in that the allegations are obviously from the face of the filings.

Your attention to this matter would be greatly appreciated.

SWORN COMPLAINT

Pursuant to Section 2-10-108 of the Tennessee Code, I hereby file this sworn complaint against Representative Randy Rinks, State Representative for the 71st District, for violation of the requirements of Section 2-10-107 of the Tennessee Code and Chapter 0530-1-1 of the Rules of the Tennessee Registry of Election Finance. In support of this complaint, I would allege as follows:

1. In his 2005 campaign financial disclosure statement, Representative Rinks reported a $15,039.92 expense payable to American Express for his monthly bill, without any further documentation or itemization of the expense. This expense report is in violation of Chapter 0530-1-1.04 of the Rules of the Tennessee Registry of Election Finance and Section 2-10-107 of the Tennessee Code due to insufficient description of the disbursement.

2. In his 2005 campaign financial disclosure statement, Representative Rinks reported telephone expenses of $1,167.34 to Access Int. Networks, $551.55 to Bellsouth, $2,507.67 to Cingular Wireless, $965.16 to Nextel, and $482.81 to Sprint, for total telephone expenditures of $5,674.53 for the 2005 calendar year. These expenses appear to be in violation of Chapter 0530-1-1.04 of the Rules of the Tennessee Registry of Election Finance and Section 2-10-107 of the Tennessee Code because the expenses appear to be far in excess of what should be reasonably necessary for and incidental to the candidate’s holding public office and/or campaigning for said office.

3. In his 2005 campaign financial disclosure statement, Representative Rinks reported a $2,994.23 expense payable to Nashville City Club for his "monthly bill," without any further documentation or itemization of the expense. This expense report is in violation of Chapter 0530-1-1.04 of the Rules of the Tennessee Registry of Election Finance and Section 2-10-107 of the Tennessee Code due to insufficient description of the disbursement.

4. In his 2004 campaign financial disclosure statements, Representative Rinks reported expenses of $16,901.72 payable to American Express for his monthly bill and utilities, without any further documentation or itemization of the expense. These expense reports are in violation of Chapter 0530-1-1.04 of the Rules of the Tennessee Registry of Election Finance and Section 2-10-107 of the Tennessee Code due to insufficient description of the disbursement.

5. In his 2004 campaign financial disclosure statement, Representative Rinks reported telephone expenses of $1,712.81 to Access Int. Networks, $166.26 to AT&T, $150.34 to Bellsouth, $1,371.65 to Cingular Wireless, and $1,622.49 to Nextel, for total telephone expenditures of $5,023.55 for the 2004 calendar year. These expenses appear to be in violation of Chapter 0530-1-1.04 of the Rules of the Tennessee Registry of Election Finance and Section 2-10-107 of the Tennessee Code because the expenses appear to be far in excess of what should be reasonably necessary for and incidental to the candidate’s holding public office and/or campaigning for said office.

6. In his 2003 campaign financial disclosure statement, Representative Rinks reported a $7,594.44 expense payable to American Express for utilities, without any further documentation or itemization of the expense. This expense report is in violation of Chapter 0530-1-1.04 of the Rules of the Tennessee Registry of Election Finance and Section 2-10-107 of the Tennessee Code due to insufficient description of the disbursement.

7. In his 2003 campaign financial disclosure statement, Representative Rinks reported telephone expenses of $985.51 to Access Int. Networks, $166.26 to AT&T, $895.29 to Cingular Wireless, and $901.32 to Nextel, for total telephone expenditures of $2,948.38 for the 2003 calendar year. These expenses appear to be in violation of Chapter 0530-1-1.04 of the Rules of the Tennessee Registry of Election Finance and Section 2-10-107 of the Tennessee Code because the expenses appear to be far in excess of what should be reasonably necessary for and incidental to the candidate’s holding public office and/or campaigning for said office.

WHEREFORE, Complainant respectfully requests that the Tennessee Registry of Election Finance investigate the above-referenced reporting deficiencies and expenses, and, upon a finding of violation of the above-referenced statutes and rules, assess appropriate civil penalties.

Respectfully submitted,

Ted G. Cook
470 Hard Rock Road
Savannah, TN 38372
731-925-4753

Sworn to and subscribed before me on this the 11th day of August, 2006.

My Notary Commission expires: 9-10-06
/s/ Jennie L Blackwelder

NOTARY PUBLIC

Post Elections in Hardin County

I’m going to have to send my crystal ball out for a tune-up or even maybe a major overhaul. Boy, did I miss this one, or what?

It appears that the wave of the future in Hardin County is to maintain the status quo. Let’em do whatever they want, however they want. "Beam me up, Scotty!"

Well, the results of the Hardin County elections were, to say the least, astonishingly confusing and somewhat disappointing. But life goes on and we will have to play the hand we are dealt. I guess the bottom line is, what kind of a hand do we now have and how do we play that hand.

On the bright side, we have only about four years before the next opportunity to bring meaningful change to the governance of Hardin County, unless we take a serious look at Metro.

However, it seems apparent now that the CATS (Citizens Against Ted’s S _ _ _ (Stuff)) group is much bigger than I thought it was, or apathy and the grip of the good-ol-boys is stronger than anticipated.

As was noted in my fatal "Scouting Report" ad in The Courier that, "For what it’s worth, for years I was the butt of a standing joke at the Mayor’s office and the County Commission. That was, 'If Ted Cook is fur it, we’re agin it, and if he’s agin it, we’re fur it!' That may be the way it is at the courthouse, but I don’t think that’s the way it is in the county and I know for a fact that’s not the way it is in the Sixth District. The upcoming vote of the citizens will prove or disprove that assumption."

Well, I guess we got the answer to that assumption, even from my own district. They were right and I was wrong. It’s not a joke, it is a reality. So be it, but are we so afraid of change that we are willing to live without representative democracy?

It seems to be the plan to maintain the status quo, even though maintaining status quo is accepting the overruling of a legitimate vote by the majority of the voters in a public referendum.

The subject of the referendum does not matter, in reality.

It’s like, "forget the majority county vote, in my district/precinct the majority voted for the wheel tax, so we don’t have a problem with our commissioners ignoring the majority vote of the rest of the county." Adds new definition to the word neighbor and neighborhood.

I really believed that the citizens of Hardin County would deal with the problem if we could clearly and unequivocally prove that Hardin County government was not functioning as a representative democracy.

Come to find out, the majority of the voters in every district in Hardin County said, "So what? We won’t hold that against them," and returned 15 of the 18 county commissioners that sought reelection to office.

I have heard since the election that, "All we really want is peace and harmony. We just want everyone to get along and even if we have to admit we are wrong, even if we’re not, then let us do that in the name of peace and harmony."

Kinda like living in surrender mode because we were raised to be non-
confrontational. These are the same attitudes that would have had us speaking Japanese or German, if they had had the choice.

For years I heard, "the voters just don’t understand and most don’t really care because they have enough to worry about keeping the wolf away from their door, so they don’t have the time or desire to get involved in making an inform decision."

Sounds about right for Hardin County, but does that satisfy an American citizen’s responsibility to stay informed and participate? I don’t think so.

Unfortunately, some of my neighbors and friends are willing to sacrifice their own and their neighbors’ rights, in the name of "harmony" and that dreadful "go along to get along at all costs" attitude.

I’m going to have to tone down my optimism about some of the citizens’ willingness to stand up and be counted.

Ted G. Cook
Savannah

Our Readers Write, The Courier, 8/10/06

My History With Politics in Hardin County, TN

"First they ignore you.

Then they laugh at you.

Then they fight you.

Then you win."

-Gandhi

11 days and a wake-up until the next opportunity for the voting citizens to deal with 'they.'

Scouting Report - Courier Ad Draft

To the Voters of Hardin County

Greetings,

More than a few folks have expressed some regret that I did not choose to throw my hat into the Mayor’s race this time. To those folks I have said, "I’m doing what I think I can get done." My home district deserves the best representation they can get and that is where I think I can be of the best use, at this point in time. There’s a lot that need attention.

That is not to say that I am not concerned with the other districts or the County wide election. Let it be well known, I am keenly interested in who else might be on the team that returns true representative democracy to Hardin County.

For what it’s worth, for years I was the butt of a standing joke at the Mayor’s office and the County Commission. That was, "If Ted Cook is fur it, we’re aginn it, and if he’s aginn it, we’re fur it!!!!" That may be the way it is at the courthouse, but I don’t think that’s the way it is in the county and I know for a fact that’s not the way it is in the Sixth District. The up coming vote of the citizens will prove or disprove that assumption.

For the moment, let’s assume I’m right and some folks might, just might, have some limited interest in considering what conclusion have been reached, if any, concerning the other elections. To those few folks I would be happy to share my scouting report results.

Let’s start with the easy one, the Mayor’s race.

In the case of the incumbent Mayor, Mayor Kevin Davis, the scouting report covers 4 ½ years and is much more detailed and documented. Personally, Mayor Davis is a fine church going, family loving and generally all around good guy.

Having said that, Mayor Davis has presided on an administration that has routinely ignored the spirit and intent of the Sunshine Law and the Open Records Act to the extent the county made the national news for their first attempt at the wheel tax. In the big picture of things most of the Mayors supporters will forgive that, but one has to wonder how in the world can they sanction the Mayors support in ignoring the vote of the people? I can’t get there on my best day.

Jimmy Pattersons scouting reports reflects that although Jimmy is still much loved and respected in the community for his prior service to the County, it is hard to get past the point that going back to the way the county conducted its business many years ago, (not really that much different than it is today, maybe different faces but same attitude), would not be meaningful progress forward. Hardin County is reinventing itself for the 21st Century not the 19th.

There is not much to report on Mr. Robert Bills. Mr. Bills is to be congratulated on his willingness to serve and to offer himself as a choice for change in Hardin County.

There is no good reason not to trust the job of Mayor of Hardin County to J. Stanley Shaw and a lot of good reasons to believe Mr. Shaw is up for this very difficult job.

Right age - still forward looking. Right business background - proven success in dealing with the complexities of project management in the real world of modern international corporate

business.

Overall rating - Most likely to succeed. I’m gonna support, as much as possible, J. Stanley Shaw for County Mayor. That’s a fact.


The next office is Sheriff of Hardin County.

We need to change the way we conduct our law enforcement efforts in Hardin County. We need a Sheriff that will take responsibility and understands what the Citizens want, not just what they will tolerate or accept. We need a Sheriff that believes that we must involve the citizens of Hardin County in our law enforcement efforts not discourage them.

Of the two challengers for the Sheriffs office, Charles Seaton and Danny Jackson, Mr. Jackson scored higher on his scouting report because of his past law enforcement experience here in Hardin County. Although Mr. Jackson has served under prior administrations, his input and recommendations were often times ignored for political reasons.

Overall rating - Mr. Jackson is most likely to succeed and I’m gonna support, as much as possible, Danny Jackson for Sheriff of Hardin County.

Last but not least, we have our County Commission.

That’s really a no-brainier. 19 out of 20 chose to ignore a legitimate vote of the people. They need to be gone. They have given representative democracy a bad name in Hardin County and across the State of Tennessee.

Pd. Pol. Ad. Paid for by Ted Cook
WITHOUT permission of the named candidates.
Don’t need permission, Didn’t ask for it.

The Consequences of Our Actions

The Price for All Freedoms Is That We must Face the Consequences of Our Actions.

Complaint - ‘Friends for Kevin Davis’ have violated the state Campaign Financial Disclosure Act by failing to register with the Hardin County Election Commission, including appointment of a treasurer and violated, specifically TCA 2-19-120, because the communication did not present in a clear and conspicuous manner, to give the reader, adequate notice of the identity of person(s) who paid for the communication.

In THE COURIER on Thursday, June 29, 2006 there was political ad that stated- "Pd. Pol. Ad by Friends for Kevin Davis" -

A review of the ad will show that there was no required designated treasurer for ‘Friends for Kevin Davis.’

The Hardin County Election Commission was ask to provide the required filings. The is no record of ‘Friends for Kevin Davis’ ever registering with Local election commission, either as a PAC or anything else. While I was there the Administrator called Mayor Davis to inquire of any knowledge of this ‘Friends for Kevin Davis’ group. I was advised that the Mayor had placed the ad himself.

The Election Administrator was ask for a determination of compliance with election laws and advised that she would have to check with Nashville.

The Administrator of Elections, later, advised that a Mr. Drew Rawlins (State Election Commission, Financial Reporting) had advised her that "it didn’t matter as long as the Mayor reported it on his financial disclosure filings." Say What!!

My own contact with Mr. Rawlins came to a different conclusion. Mr. Rawlins acknowledge that it might be alright as far as financial reporting end of the election laws, but would express no opinion from a full-disclosure requirement, that was handled by another department. That department was the Election Commission, itself.

Long story short, a review established reasons to believe the ad violated the disclosure laws and would support a complaint to the District Attorney for investigating and reporting back to the Local Election Commission.

TCA 2-19-120. Political communications, advertising and solicitations - Contents - Applicability - Penalties.

(A) Whenever any person makes an expenditure for the purpose of financing a communication that expressly advocates the election or defeat of a clearly identified candidate, . . . a disclaimer . . . shall appear and be presented in a clear and conspicuous manner to give the reader, observer or listener adequate notice of the identity of persons who paid for and, where required, who authorized the communication.
(1) Such communication if paid for and authorized by a candidate, an authorized committee . . . shall clearly state that the communication has been paid for tby the authorized political committee, in addition to the identity of the person who is the head of such committee, or the identity of the treasurer of such committee.
(2) Such communication, . . . if authorized by a candidate, an authorized committee of a candidate or an agent thereof, but paid for by any other person, shall clearly state that the communication is paid for by such other person and is authorized by such candidate, authorized committee or agent.

(3)(c) A violation of this section is a Class C Misdemeanor. (30 days and/or $50 fine)

T.C.A. 2-19-116. Misrepresentations on campaign literature or sample ballots - Penalty.

(a) No person shall print or cause to be printed . . . any . . .material which contains the endorsement of a particular candidate, . . . with the intent that the person receiving such printed material mistakenly believe that the endorsement of such candidate . . . was made by an organization, group, candidate or entity other than the one or ones appearing on the printed material. (Another Class C Misdemeanor)

FACT: This is one of those, so what. The DA ain't never gonna do anything about it. It's just a little criminal!

Subverting our Constitutions? You Decide!!

"Our life and liberty depends upon preserving the Constitution as our founding fathers made inviolate; the people are the rightful masters of both the Courts and the Congress, not to overthrow the Constitution but to overthrow those who subvert the Constitution." Abraham Lincoln

The Local Governing Body, Our County Commission, subverted the Constitutions when they overruled their rightful masters, the majority of the people, on the Wheel Tax. That’s a Fact, Jack

Question: Isn’t it time to overthrow those who subvert the Constitution? They won’t change their attitude, trust me I have tried, and the only other solution that I can think of is to change their faces, or as many as possible. At Least 19 of the 20 and the Mayor will not recognize the people as being the sovereign unit in the big picture called democracy. The people are suppose to own the store, they just operate it.

The majority vote of the people, on any matter they choose, is called direct legislation and cannot, I say again, cannot, be overridden by any branch of the peoples government. In particular, the legislative branch. It is the law of the land. End of Discussion!!

29 days and a wake-up for our opportunity to address that issue. We have got to get the voters out to vote to take advantage of this once-in-a-lifetime, at least in my lifetime in Hardin County, opportunity. The folks are going to have to get up off their don’t care butts and get to the polls.

Ted's Judicial Branch Reference

". . . It is clear that Cook has a very good working knowledge of the law and how to obtain legal materials, based on the state of his filing with this Court and his arguments."

Judge Julia Smith Gibbons,
U.S. District Court Judge,
U.S. District Court, Memphis
July 28, 1989

Did you know our Justice System in Hardin County is overwhelmed? It needs to be retooled. That's another neglected responsibility of the Local Governing Body AND the Mayor.

Straight From My Blue-Blooded Good-O-Boy Snitch

The unofficial line on the upcoming Mayor’s race is that the majority of the vote will be split between the "Let’s Change the Way We Do The Business With Strong Proven Leadership" Stanley Shaw and the "Let’s Do The County Business The Way We Did It Several Generations Back" Jimmy Patterson and we will have the "Let’s Focus On The Future And Forget About the Past" Kevin Davis for our County Mayor for the next four years.

We gotta fix that and we have twenty-nine days and a wake-up to call the line.

Out Of Shadows THE COURIER - Thursday, June 29, 2006 - Pg 5A

Cook aims to bring county government ‘out of the shadows’ as commissioner

Ted Cook. The very name causes many Hardin County politicians to feel their blood pressure rise.

He’s been an outspoken––and highly visible––critic of county government ever since former county mayor Joe Barker presided over the abolishment of the local office of constable, costing Cook his badge. On any given night, he’s often as not attending some local government meeting asking questions and making suggestions.

Perhaps Cook’s biggest claim to fame is organizing the 2004 public referendum which overturned a $28 increase in the wheel tax to fund a new jail after commissioners staged a surprise vote on the issue. Commissioners later turned the tables on their nemesis, though, hiking the wheel tax by $36 and blaming the additional increase on Cook for bringing the tax matter to the people for a vote, delaying construction.

Cook’s twice run for county mayor, but this time is setting his sights on the legislative body, seeking a District 6 seat on the Hardin County Commission, where he somewhat grandly envisions ousting the mayor from the traditional post of commission chairman and ensconcing himself in the post.

But despite the irritant factor, Cook is known for generally doing his homework and has gained a grudging respect in some political circles.

His latest campaign slogan is, "He has talked the talk for 10 years. Let’s see if he can walk the walk."

Cook, 64, contends "the county is disorganized. The county is dysfunctional. The county commission lets the mayor do the legislative branch’s work."

The county commission’s vote to hike the wheel tax despite a public referendum to the contrary is a "living example" of how Hardin County does not have representative government, he said.
Cook said he is running for office because he owes it to his four grandsons to help provide a county home that is clean and safe, has a government on sound financial footing, and that efficiently plans and acts for today and tomorrow.

Hardin County is fortunate in that its retail sector is growing and real estate development is booming, he said.

And while industrial development has lagged and Team Hardin County has found itself becoming a political football to be kicked around this election year, Cook said he has "no problem with the concept of what Team Hardin County is supposed to do. I have a problem with the way Team Hardin County executed that concept."

The economic development organization "doesn’t need to be abolished," he argues. "It needs to be restructured."

Cook pledged that if elected, he will "represent the citizens of Hardin County in such a manner that not the first citizen that voted for me or recommended me to their family or friends in the 6th District, will ever be disappointed with their decision."

He also promised to "conduct the affairs of the county in accordance with the spirit and intent of the Sunshine Laws and the Open Meetings Act."

Asked if he worries about losing effectiveness by becoming a part of county government, he said, "A Ted Cook shouldn’t be needed on the outside. If they didn’t conduct their business in the shadows, there wouldn’t be a need for a Ted Cook."

No Call List Information - Important

CELL PHONE Numbers Going Public

JUST A REMINDER 4 days from today, cell phone numbers are being released to Telemarketing companies and you will start to receive sales calls.

YOU WILL BECHARGED FOR THESE CALLS!

These telemarketers will eat up your free minutes and end up costing you money in the long run.

National DO NOT CALL list. It will only take a minute of your time. It blocks your number for five (5) years.

PASS THIS ON TO ALL YOUR FRIENDS

You can register at https://www.donotcall.gov/default.aspx

Fuzzy Math -Part 2

Problem - How to fund the increase funding for the Chamber, that has been approved by the Hardin County Budget Committee? (Long overdue and election issue with business community.)

Budget Committee Recommendations: Fund with state mandated River Resort District tax sharing funds that are earmarked for "Tourism Related" activity. Require Chamber to note all disbursed funds as "Tourism."

Facts: The Chamber is a not-for-profit civic organization.

Not-for-profit contributions are governed uniquely and exclusively by Chapter 0380-2-2 of the Rules of Audits of the Comptroller of the Treasury and Section 5-9-109, Tennessee Code Annotated, and any and all other laws which may apply to county appropriations to nonprofit organizations.

BOTH governing documents state:

T.C.A. 5-9-109(d) - Appropriations to nonprofit organizations other than charitable organizations may be made only when notices have been published in a newspaper of general circulation in the county of the intent to make an appropriation to a nonprofit but not charitable organization, specifying the intended amount of the appropriation and the purposes for which the appropriation will be spent.

Auditor’s Handbook - Chapter 0380-2-2 (6) of the Rules of the Comptroller of the Treasury - For appropriations to nonprofit civic organizations, notices shall be published in a newspaper of general circulation in the county of the intent to make an appropriation, specifying the intended amount and purpose.

Smoke and Mirrors: County reaction of past neglect and shunning of the Chamber of Commerce - Increase meager funding significantly. Requested $40,000 - Fund $20,000. But the question is, where does the County Budget Committee and the Chief Financial Officer find the funds? I know. Use some of the River Resort District, earmarked funds. Yay, that’s what we’ll do.

River Resort District Tax Sharing Revenue -

(iii) Notwithstanding any other provision of law to the contrary, of the revenue retained pursuant to an election under the provisions of subdivision (a)(3)(F)(i), . . fifty percent (50%) shall be used exclusively for either the promotion and support of tourism in the jurisdiction or the promotion and support of tourism in conjunction with other jurisdictions so electing Tennessee River resort district status.

Budget Committee - No need to meet advertising requirement, because the funding is coming from tourism, not T.C.A. 5-9-109(d). Does this method of funding restrict the Chamber in any way? Well, yah.

Double - Duh - The statute does not speak to source of funding as option to the requirement to "For appropriations to nonprofit civic organizations, notices shall be published . . ." or "the intent to make an appropriation, specifying the intended amount and purpose.

When challenged, Chairman Budget Committee - all you need is eleven (11) votes on the Commission and you can pass anything!!!! Well, O.K., there. Nothing like a good example.

Paying for Jail Services - What's Fair?

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.

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.

In the past it has been - We’ll keep the property taxes artificially low, soak the poor folks with sales tax, wheel tax and any other kind of regressive taxes, fees or charges we can.

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 tax rate, we’ll increase the property taxes and catch up on repairing/replacing our infrastructure that won’t be able to maintain, for lack of funds.

Is it about timing or what!

From Yester Year Files - What's the Basic Malfunction of Hardin County -

Things have not changed so this is still relevant

September 12, 2002

From The Desk Of
T. G. (Ted) Cook

What follows is an excerpt from a letter that I sent to the prior group of Commissioners and the former County Executive in September 1999. After reading the article in the current issue of the Courier, I feel the point should be made again.

Dear County Commissioners and County Executive,

James Madison had some ideas about how to keep the government in line when he suggested dividing power between three separate but interconnected branches. These branches would each have separate duties and responsibilities, but would also have the ability to check the authority of the other branches through a system of safeguards written into the Constitution.

This letter is sent to you to encourage you to consider the ‘intent’ of the following statute:

• Tenn. Code. Ann. - Counties - County Legislative Bodies - Part 1 - Substantive Provisions
  §5-5-103. Officers.
• (a) In counties electing a county executive as provided in §5-6-102(1) and (3), there shall be a chair and chair pro tempore.
• (b)(1) The legislative body, at its first session on or after September 1 of each year, shall elect from its membership a chair and a chair pro tempore; provided, that the county legislative body may elect the county judge or county executive to be its chair; provided further, that such election shall confer no additional powers or authority to the chair so elected other than as presiding officer that are not otherwise provided by law. (Emphasis Added)

On December 10, 1998 I noted in a letter to each of you the following:

Over the years the 20 member County Commission have come to relied on the County Executive to administer the affairs of the County Commission by an almost ritualistic election to the office of Chairman of the County Commission. Over the year this reliance has evolved to an abdication of responsibility by those County Commissioners who take the position that "I have to rely on the Chairman/County Executive" because he has looked into it. Or "I have to go along" with the Chairman/County Executive and the Sheriff because they know what they want to do.

This reliance violates several fiduciary responsibilities of the individual Commissioners, the primary being the check and balances system of oversight. The County Commission as an entity has the oversight responsibility for the County Government including the County Executive and Sheriff. In Hardin County the question can be asked - Where is the oversight when the Chairman and the County Executive are one and the same?

In your position as an elected representatives of the people of Hardin County, I call upon you to stand up for what is right. Your only other choice, as I see it, is to keep living on your knees. I call upon you to insure that the most basic values of Government are provided to the citizens of this County . That The Separation of Powers Doctrine be adopted by the County Commission and that you look first within your membership, as required by the above statute, for your Chairman.

As noted in the above statute, the only duties of the Chairman is to preside at your meetings and as noted in section (g) -

• In the event the county executive is absent or intends to be absent for more than twenty-one (21) days, or is incapacitated or other wise unable to perform the duties of the county executive’s office, the county legislative body shall appoint the chair to serve until the absence or disability is removed. . . . While the chair is serving as county executive, the chair pro tempore shall preside over sessions of the legislative body.

Originally, our founding fathers envisioned a government Of the people, By the people, and For the people, that included a checks and balance on governmental powers.

The Separation of Powers Doctrine basically states that there shall be a separation between the three branches of government, i.e. Executive, Legislative and Judiciary. Neither branch could exercise the power of the other." THOMAS JEFFERSON, 1821


Respectfully re-submitted for your consideration
T. G. (Ted) Cook

P.S. Maybe, just maybe, we can get-r-done this time.

Reforming Hardin County Government

Goals:

Primary - Establish the Checks and Balance System of Government in Hardin County

* 3 Separate (But Equal) Branches of Government

Level the Playing Field for the Citizens.
Fair Taxation and Be Readily Accessible - Agenda and Meetings Vie Tv, Web and Cable.

Infrastructures - Jail and Schools

Citizen Services - Metro Commission &
Legal Opinion - Wheel Tax

Economic Development - Complete Review of County Efforts and Use of Resources.

Law Enforcement - Complete Review of County Justice System and establish Constable System &Workhouse - (Jackson Support/Davidson Hasn’t.)

(Constables Are a Dead Horse That Cook Keeps Beating.

Fact: They Ain’t Ever Been Dead!
Not in Cook’s World )

Chamber of Commerce - Support Efforts Positively.
Re-visit Team Hardin County

Critical to Goal

Voters to Make an Informed Decision about Who They Elect County Commissioner and Mayor. They Are Our One Local Governing Body That Will Be Responsible for Making Reform Happen!

The Rest of The Story on $20.00 Per Hour Wages

The Flaws in the Quarterly Census of Employment and Wages
Hardin County - Annual Average 2004 by Department of Labor

It appears their data is reasonable, but their computations are flawed.

Manufacturing Industry Hardin County

Reported Totals vs Data Reflected Totals

Average Number Of Reporting Units - - - - - 43 vs. 28
Average Annual Employment - - - - - - - - 2,089 vs. 966
Total Wages - - - - - - - - - - - - - -- - $84,470,637 vs. $25,135,328
Average Annual Wage - - - - - - - - -- - $40,431 vs. $26,020
Average Weekly Wage - - - - - - - - - - - - $778 vs. $500
Taxable Wages - - - - - - - - - - - -- - $17,6926,646 vs. $8,162,599
Total Premiums Paid - - - - - - - - - -- - $680,000 vs. $349,976
Average Premium Rate - - - - - - - - -- - - 3.86 vs. - -

Per Hour Wage (52 wk-40 hr/wk) $19.45 vs. $12.51

The Questions:

Why would anyone repeatedly base their representations on obviously flawed information?

Why hasn’t anyone at Team Hardin County ever questioned the representations of these obviously flawed totals?

Where, What and Who are these 43 Reporting Manufacturing Units in Hardin County.

Think about it.

These are the folks who we have been paying to oversee our industrial and manufacturing facilities and assets. Go look at their web site. Listed 7 valid manufacturing companies. Who are the other 36? Hasn’t it never crossed any responsible persons mind to say, "Say What?"

Fact: There can be no excuse for misquoting our average manufacturing wages and claiming that Hardin County has one of the highest average manufacturing wage in the state. It shouldn’t take a lot effort to qualify their facts, when they are the Joint Economic and Community Development Board for Hardin County, by law.

Fact: It is not beneficial in our recruiting efforts to attract manufactures to locate in Hardin County by claiming to have "one of the highest average manufacturing wages in the state," even if it were true. Can you say, Duh?

An average of $20 Bucks an Hour - You Must be Crazy

As noted earlier, in The Couriers’ May 18, 2006 edition the retiring Chief Executive Officer of Team Hardin County is quoted as saying that we have one of the highest average manufacturing wage in the state, at about $20.00 per hour.

You know, sometime what one doesn’t say can cause a lot of confusion with what one does say.

The $20.00 figure cited in The Courier is actually quite accurate when one considers that the U.S. Department of Labors’ most recent data (2004) reflects a $19.45 average per hour wage for the manufacturing industry. But then again, this reflects raw data provided by the responding units, who sometime misstate reality.

Having said that, one should remember that the average per hour wage for all of the reporting privately owned industries in Hardin County was $13.03.

The U.S. Department Labor divides private industry into two primary groups, Goods-Producing, and Service-Providing. Goods-Producing, dominated by manufacturing (78%), reflects an average of $17.50 per/hour wage and Service-Providing reflects an average of $9.58 per/hour wage.

This set of data reflects that of the 7,516 average annual employment, the manufacturing industries account for 2,089 employees, or 27.79%.

The next highest employee group was in the Service-Providing, Trade, Transportation and Utilities group with 1,412 ($10.65 p/hr) followed by Local Government industry group with 1,328 (11.86 p/hr) employees.

One could argue that a better way to present the employment picture in Hardin County would have been to qualify the $20.00 per hour figure with the disclaimer that it applied to about only 28% of our workforce, while the total workforce averaged about $13.00 per hour. But than again we would have to disclose where we rank in the state. Doubtful that $13.00 would be "among the highest in the state.

Respectfully submitted for your consideration,
Ted

Is Team Hardin County A WOMBAT?

Is Team Hardin County a WOMBAT?
(Waste Of Money, Brains And Time)

The concept of centralized or joint economic and community development is certainly NOT a WOMBAT. The effectiveness of Team Hardin County’s responsibility in filling that role could be, and certainly should be from time to time, challenged, evaluated or questioned.

My problem in not with the concept or necessity of having a central contact group for those interested in Hardin County, for whatever reason. My problem has always been the management and effectiveness of Hardin County’s version of that group.

Each county is required by T.C.A. §6-58-114 to establish a joint economic and community development board (JECBD). The purpose of the JECDB is "to foster communication relative to economic and community development between and among governmental entities, industry and private citizens." A very worthy purpose, but is it working in Hardin County?

The simple answer to that question is, apparently not. At least not from the private citizens standpoint. One has to only read The Courier or even visit our internet presentations to find examples of it’s misstatements of reality and facts.

In The Courier’s May 18, 2006 edition the retiring Chief Executive Officer of Team Hardin County is quoted as saying that we have one of the highest average manufacturing wage in the state, at about $20.00 per hour. Also, that despite the loss of the backbone of the local manufacturing sector, the garment industry, there are now some 4,500 more Hardin countians working here than there were in the early 90s.

Based on my own research on the manufacturing sector in Hardin County that found that the average wage was less than $13.00 per hour, I would challenge and question both of these alleged facts.

According to the University of Tennessee Center for Business and Economic Research, our manufacturing jobs declined from 2,262 to 2,089 and our total nonfarm employment declined from 6,618 to 6011 between, 2001 and 2004. This same report found that the average annual pay for nonfarm employment increased from $26,710 to $27,234 during the same period, reflecting about $13.00 per hour NOT $20.00 per hour.

One would certainly have to question the proposition that there are now some 4,500 more jobs here in Hardin County than there were in the early 90. Would that would mean that those that lost their jobs in the garment industry had found another job, plus an additional 4,500 more jobs had been created? Highly questionable at the least.

There is a propensity in Hardin County to either embellish, overstate or understate the facts to suit their pronouncements. A clear example would be that despite the U.S. census of 2000 findings that we have a 77.2% home ownership rate in Hardin County, our county government pronounced that only 38% of the population pay property taxes, when they wanted to justify the increase in our wheel taxes.

But I digress. If one were to review our County presence on the internet, one would find that it is full of mis-stated facts and figures and omits or misplaces other vital information.
So, the question becomes, what do we do about it?

The first recommendation would be that someone be placed in charge of a complete top to bottom review of our efforts to present a timely, factual and accurate communications effort relative to economic and community development between and among our governmental entities, our industry sector and our private citizens.

This could be accomplished with an organizational review and evaluation with recommendations for necessary improvements to accomplish our goals for having the organization in the first instance.

Organization Analysis/Functional Analysis

The most successful work efforts are accomplished with the right departments performing the right tasks with the right people. While that sounds simple, it is astounding how many organizations are not aligned for maximization of efforts. Cross-overs of tasks or gray areas in who owns the responsibilities can cost time and money. Analyzing the structure of the organization and then the functions in terms of what is done, by whom and which function(s) is/are critical to results.

This process would examine the organizational and functional alignment. This determines the structure that is the best for maximizing people and their talents.

Both organizational analysis and functional analysis are different, yet they go hand in hand. One looks at the total organization and the other puts the focus on the unctions/departments/groups and individuals.

In the functional analysis for example, one would ask questions such as:

How is the work aligned? Are jobs and tasks aligned correctly? Do you have accountability for all critical functions? How many tasks are not owned by anyone or are worked on by two people/groups resulting in a lot of finger pointing? Are the right functional responsibilities aligned with the right departments? Are some people overloaded while others have free time on their hands? Are the people aligned correctly in terms of FTE (Full Time Equivalents)? Do we have back up for critical people and their skills?

In the organizational analysis the study would exam the organization in the bigger picture...

How is the organization aligned to achieve the maximum efficiency and meet it’s goals. What are the interfaces between departments? What issues do we have in terms of breakdowns in our systems and processes (both technical and people).

Respectfully submitted for your consideration.

BASE SALARY SCHEDULE HARDIN COUNTY OFFICIALS FY 2006 -2007

Assumptions:

Work Week - 32 hrs X 52 Weeks + 1664 Hrs Per Year

Mayor

$64,759 / 1664 = $38.92 Per Hr.

County Highway Official

$61,676 / 1664 = $37.07 Per Hr.

Sheriff

$61,676 / 1664 = $37.07 Per Hr.

Trustee;

Clerk of Circuit Court;
Clerk of General Sessions Court;
Clerk of Juvenile Court;
Clerk of Probate Court;
Clerk & Master;
County Clerk;
Register of Deeds; and
Assessor of Property -

$56,069 / 1664 = $33.70 Per Hr.

Administrator of Elections

$50,462 / 1664 = $30.33 Per Hr.

*Plus Supplements and Perks

Board of Education Candidates

2006 BOARD OF EDUCATION CANDIDATES

[Even Districts - One Per District]

District - 2
Nixon/Walkers

DIANE BELLIS
JANIE HINTON MILEDER*

District - 4
Shiloh/Crump

MARION BISHOP
EVELYN SUE BROMLEY
JOEL A. FREY
PAMELA C. HOLLOWAY

District - 6
Cerro Gordo/Rhodes/Olive Hill

JEANELL FRANKS DENNIS*
JACK (JAY) HOWARD WOLFE

District - 8
North

DAVID BAKER
CHARLES B. CARMAN
JEFF SPARKS

District -10
Fairground

DAVID BURGESS*
STEVE DELANEY

County-Wide Contested Offices

COUNTY-WIDE CONTESTED OFFICES

COUNTY COURT CLERK
LARRY ARENDALL
CONNIE S. STEPHENS*

COUNTY MAYOR
ROBERT BILLS
KEVIN C. DAVIS*
JAMES R.(JIMMY) PATTERSON
STANLEY SHAW

SHERIFF
SAMMY DAVIDSON*
DANNY JACKSON
CHARLES B. SEATON

SUPERINTENDENT OF ROADS
PAUL N. BLOUNT*
J. E. WILLIAMS

TRUSTEE
LISA ARMSTRONG BEVIS
LINDA L. MCCASLAND*

STATE HOUSE OF REPRESENTATIVES
VANCE W. DENNIS
RANDY "BEAR" RINKS*

ROAD BOARD - DIST 3
BILLY GROOMS
TOMMY HARWELL

DISTRICT ATTORNEY GENERAL 24TH DIST.
JOHN OVERTON
HANSEL MCCADAMS

Qualifiers for August 3rd Hardin County Commissioners Election

DISTRICT

Voting Precinct

COUNTY COMMISSIONER CANDIDATES

[TWO COMMISSIONERS PER DISTRICT]

District 1
Armory/Olivet

GARY COMBS*
BRUCE HERRINGTON
FRED McFALLS, JR.*

District 2
Nixon/Walkers

ADAM COLEMAN
DARREN HOWARD
CHARLES HOWARD*
REX LEWIS
MASON RIVES
LARRY MCCASLAND
HENRY WILLIAMS III

District 3
Counce/Southside

KENNETH BROOKS
DAVID CHILDERS*
ROGER L. JENKINS*

District 4
Shiloh/Crump

TRACEY GRISHAM
JAMES WHITEHORN*

District5
Saltillo/Morris Chapel

JEFF BRASHER
WILLIE CASEY
JIMMY GRISHAM
JAMES HOPPER*
TERRY L. QUALLS
KATHY SMITH*

District 6
Cerro Gordo/Rhodes/Olive Hill

ERNIE BIGBIE*
NICKIE L. CAGLE*
TED COOK
KENNETH B. MCLIN

District7

Whites/Walnut Grove

GEAN BRYANT
ERNIE CLAYTON
DANNIE GEAN*
MIKE JERROLDS*

District/8
North

ALLEN B. CURTIS
WALLY HAMILTON*
STEVE MELHUS
STACEY STRICKLIN*

District 9
Courthouse

TOM HAGGARD*
ROY JERROLDS
EMERY WHITE*

District 10

Fairground

JAMES S. BERRY, JR.
MIKE FOWLER*
LARRY FRANKS*
ANDRE D. ORR, SR

* Incumbent

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