One of my key campaign promises in the May 2002 primary election was to have state auditors come in and perform Hamblen County's required annual audit. After taking office, I introduced, and the commission approved, a resolution to enter into a 3-year contract with the state auditors.
Many positives have resulted from Hamblen County's switch from local private auditors to state auditors in October 2002. It seems that all the commissioners now recognize this, and Commission recently unanimously approved entering into another 3-year audit contract with the state for 2006-2008.
This change has had many benefits:
#1 Lower audit costs. The private auditors had charged the county $31,000/year for the required state audit. The state auditors, whose fee is based on the county's population, currently charge around $14,000/year. As a result, the county has saved a total of over $51,000 in audit charges for the past 3 audits (03,04, and 05).
#2 Improved audit procedures. Besides getting a new set of eyes to examine the county's books, which is always good in itself, there is a tremendous benefit in having "specialists" in county audits perform the Hamblen County audit.
The state auditors, who regularly perform county audits in Hamblen County and in other counties as well, are often aware of where financial problem areas are. They also are very aware of the many state laws that apply to county finances.
By the way, use of the term "state auditors" does not mean that these auditors live in Nashville. Generally, the auditors who perform the required audit of the county's books actually live somewhere in the East Tennessee area, and some may even live in Hamblen County. They work under the direction of the Regional Office of the State Comptroller in Knoxville.
#3 Improved accountability in the handling of county funds. The first audit (2003) by the new auditors was a real wake-up call. Hamblen County ended up with more findings and problem areas (29) than any other county in the state.
The flip side of all these findings is that the county was made aware of many specific weaknesses in financial controls that had not been pointed out before.
Some of the 29 findings in the first audit (2003) included:
1. Violations of state law where expenditures of up to $296,264 were made without the required appropriation by county commission and where transfers of appropriations were made without approval by county commission.
2. An overdraft of $34,737 in the Capital Projects Fund.
3. No central purchasing to control and keep purchases within budgeted amounts.
4. Deficiencies in controls over travel and credit card use.
The second audit by the state (2004) resulted in 15 findings.
Some were new findings: 1. A debt payment of $76,615 was paid twice (but we got the money back); 2. An interest payment of $45,236 was made by mistake out of the special debt service fund (we had gotten all but $408 back from the City of Morristown according to the audit); 3. Money was switched around--without the required approval of county commission-- from the general fund ($89,986) and general debt service fund ($274,730) to the capital projects fund to "restore" those accounts to the original appropriations of commission because, according to County Mayor David Purkey, payments had somehow been made in error out of these funds over the past several years.
There were also some repeat findings: 1. Deficiencies in purchasing. 2. Deficiencies in travel and credit card use. 3. Unauthorized expenditures and spending money that was not appropriated through county commission.
The state auditors are currently working on the 2005 audit for the fiscal year that ended 6/30/05.
Coming...A look at past audits. What I found, what audits tell you, and what they don't tell you!
Friday, October 28, 2005
Thursday, October 27, 2005
October 27, 2005 County Inventory--What about the Vehicles?
Vehicle Mileage and Condition Reports Come In for All Departments Except One
After just over a month, I can report that all departments (assessor, Cherokee Park, community service, EMA, garbage dept., highway dept., juvenile court, maintenance, planning) responded quickly to the request for mileage/condition information for vehicles for the fiscal year that ended 6/30/05---all departments, that is, except the Sheriff's Department. See my post of September 13th.
An inventory report with mileage and condition information was something that the entire commission unanimously requested from all departments beginning with the 6/30/04 inventory and continuing with the 6/30/05 inventory and beyond. The purpose was to keep up with the mileage and condition of vehicles so there would be a record and awareness of when a vehicle or vehicles would need replacing.
The Sheriff, like everyone else, was asked to provide this information for all county-owned vehicles-- except undercover vehicles and others that are already marked out on the sheriff's inventory.
After everybody had responded except the Sheriff, I waited a while and then called Sheriff Otto Purkey to see if he had gotten the request and to ask if there was a problem in providing this information.
The Sheriff asked if there was a law that says he had to do this. I mentioned that the commission had passed a resolution requesting this information from all departments, and the Sheriff replied that he didn't think he cared to do that.
Well, OK. But exactly why doesn't the Sheriff care to co-operate? What is the problem with providing mileage and condition information? No one else had the slightest problem in this regard.
Surely it is not because of the confusion where Sheriff Otto Purkey's Department shows his brother County Mayor David Purkey's car in the Sheriff's inventory even though County Mayor David Purkey's vehicle was actually purchased with Juvenile Court money.
Just for the sake of keeping things straight, however, I hope that eventually someone will put the vehicle that the Mayor drives in the Mayor's inventory list where it belongs and put the gasoline, repair and maintenance costs for the Mayor's vehicle in the Mayor's budget, too. How can you keep up with a department's true costs when you have a department putting its vehicles and costs in another department's budget?
Maybe even sometime soon the Mayor will put a county decal on the taxpayer-provided vehicle he drives. Putting decals on county vehicles is something else that county commission unanimously voted for over a year ago, but there is something about putting a Hamblen County decal on the County Mayor's car that greatly upsets the Mayor.
The other really odd thing about both the 2005 and the earlier 2004 inventory as well is that the Sheriff doesn't show any computers, desks, furniture, or other equipment in his inventory for either year. The Sheriff lists nothing except vehicles even though it's obvious that the Sheriff's Department and the jail have computers, desks, chairs, printers, filing cabinets, and other furniture and equipment. Hopefully, someone will go back now and track down, tag, and list all the Sheriff's equipment.
Having a current and accurate list of equipment and a tag on all items helps ensure that these is a record of items like computers, printers, and scanners and that these items remain in the department.
With county vehicles, you are talking about an investment involving hundreds of thousands of taxpayer dollars. You obviously need to keep a close track of those vehicles and accurate mileage and condition records. The Sheriff shows about $790,000 in original acquisition value for his 45 or so vehicles. The Garbage Dept. shows about $731,000 for vehicles, and the Highway Dept. shows about $550,000 for vehicles.
There are some questions to ask about computers and other items that are shown in one department, but that are kept and used by other departments, but we'll save that for another day. There are also a lot of items that were left off the 6/30/04 inventory that are now showing up on the 6/30/05 inventory.
Inventories are important as a record of what the county has, what condition each item is in, and to help gauge what will need to be replaced and when. We seem to have improved our inventory record-keeping from last year, and we just need to complete the 6/30/05 inventory, putting all equipment, vehicles, and other items in the right place.
Next...audits. Why I pushed for state auditors in my campaign. What they have done for the county. How much we have saved-- not only on the audit itself but also by implementation of many of the new auditor's suggestions. And lots more.
After just over a month, I can report that all departments (assessor, Cherokee Park, community service, EMA, garbage dept., highway dept., juvenile court, maintenance, planning) responded quickly to the request for mileage/condition information for vehicles for the fiscal year that ended 6/30/05---all departments, that is, except the Sheriff's Department. See my post of September 13th.
An inventory report with mileage and condition information was something that the entire commission unanimously requested from all departments beginning with the 6/30/04 inventory and continuing with the 6/30/05 inventory and beyond. The purpose was to keep up with the mileage and condition of vehicles so there would be a record and awareness of when a vehicle or vehicles would need replacing.
The Sheriff, like everyone else, was asked to provide this information for all county-owned vehicles-- except undercover vehicles and others that are already marked out on the sheriff's inventory.
After everybody had responded except the Sheriff, I waited a while and then called Sheriff Otto Purkey to see if he had gotten the request and to ask if there was a problem in providing this information.
The Sheriff asked if there was a law that says he had to do this. I mentioned that the commission had passed a resolution requesting this information from all departments, and the Sheriff replied that he didn't think he cared to do that.
Well, OK. But exactly why doesn't the Sheriff care to co-operate? What is the problem with providing mileage and condition information? No one else had the slightest problem in this regard.
Surely it is not because of the confusion where Sheriff Otto Purkey's Department shows his brother County Mayor David Purkey's car in the Sheriff's inventory even though County Mayor David Purkey's vehicle was actually purchased with Juvenile Court money.
Just for the sake of keeping things straight, however, I hope that eventually someone will put the vehicle that the Mayor drives in the Mayor's inventory list where it belongs and put the gasoline, repair and maintenance costs for the Mayor's vehicle in the Mayor's budget, too. How can you keep up with a department's true costs when you have a department putting its vehicles and costs in another department's budget?
Maybe even sometime soon the Mayor will put a county decal on the taxpayer-provided vehicle he drives. Putting decals on county vehicles is something else that county commission unanimously voted for over a year ago, but there is something about putting a Hamblen County decal on the County Mayor's car that greatly upsets the Mayor.
The other really odd thing about both the 2005 and the earlier 2004 inventory as well is that the Sheriff doesn't show any computers, desks, furniture, or other equipment in his inventory for either year. The Sheriff lists nothing except vehicles even though it's obvious that the Sheriff's Department and the jail have computers, desks, chairs, printers, filing cabinets, and other furniture and equipment. Hopefully, someone will go back now and track down, tag, and list all the Sheriff's equipment.
Having a current and accurate list of equipment and a tag on all items helps ensure that these is a record of items like computers, printers, and scanners and that these items remain in the department.
With county vehicles, you are talking about an investment involving hundreds of thousands of taxpayer dollars. You obviously need to keep a close track of those vehicles and accurate mileage and condition records. The Sheriff shows about $790,000 in original acquisition value for his 45 or so vehicles. The Garbage Dept. shows about $731,000 for vehicles, and the Highway Dept. shows about $550,000 for vehicles.
There are some questions to ask about computers and other items that are shown in one department, but that are kept and used by other departments, but we'll save that for another day. There are also a lot of items that were left off the 6/30/04 inventory that are now showing up on the 6/30/05 inventory.
Inventories are important as a record of what the county has, what condition each item is in, and to help gauge what will need to be replaced and when. We seem to have improved our inventory record-keeping from last year, and we just need to complete the 6/30/05 inventory, putting all equipment, vehicles, and other items in the right place.
Next...audits. Why I pushed for state auditors in my campaign. What they have done for the county. How much we have saved-- not only on the audit itself but also by implementation of many of the new auditor's suggestions. And lots more.
Monday, October 24, 2005
October 24, 2005 Recessed Meeting on Trees/Fences around Junkyards
The Hamblen County Commission met at 6:00 pm today to continue discussion of a resolution to require that junkyards in the county put up fences or trees around their businesses--where the business fronts on a county road.
The resolution was a bit more complicated than the above, but that pretty well sums up the proposal.
There was a great deal of back-and-forth about whether there should be "trees or fences" or "trees and fences" (for junkyards that are below road level).
There were safety concerns about at least one junkyard located on a curve where trees or a solid fence would actually create a safety hazard for those entering back onto the road from the business.
In the end, the proposal was sent back to the Public Services Committee with a recommendation that Commission work with KAB (Keep America Beautiful) and with the owners to see if there is grant funding available to plant trees along the county roads in front of the businesses.
If Commission and KAB provide monetary or other assistance on this, I added a recommendation that the trees be planted as close as practicable so that we can shield the parts and scrap from view as quickly as possible.
Of course, we will have to decide who is responsible for maintaining the trees and for replacing any that die.
This issue has been in the Public Services Committee for some time now.
Everyone recognized that these businesses perform a valuable service to the county in crushing junk cars, providing parts for repairs, and recycling iron, steel, aluminum, etc.
Citizens along Pinebrooke Road came to commission several months ago seeking to protect their property values and to improve the appearance of the community by requiring fences or trees around junkyards-- while making it clear that they did not want to force any junkyard owner out of business.
After the proposal was drawn up, the owners asked for more time (5 years instead of 3) to address the problem, and some expressed concern about the cost of a fence.
I sincerely hope we can resolve this at the November 14th Public Services meeting with a proposal that will make the Pinebrooke area and all of Hamblen County a better, more beautiful place to live.
If the county and KAB help with the cost and planning, I would hope that we can address this problem within one or two years.
The resolution was a bit more complicated than the above, but that pretty well sums up the proposal.
There was a great deal of back-and-forth about whether there should be "trees or fences" or "trees and fences" (for junkyards that are below road level).
There were safety concerns about at least one junkyard located on a curve where trees or a solid fence would actually create a safety hazard for those entering back onto the road from the business.
In the end, the proposal was sent back to the Public Services Committee with a recommendation that Commission work with KAB (Keep America Beautiful) and with the owners to see if there is grant funding available to plant trees along the county roads in front of the businesses.
If Commission and KAB provide monetary or other assistance on this, I added a recommendation that the trees be planted as close as practicable so that we can shield the parts and scrap from view as quickly as possible.
Of course, we will have to decide who is responsible for maintaining the trees and for replacing any that die.
This issue has been in the Public Services Committee for some time now.
Everyone recognized that these businesses perform a valuable service to the county in crushing junk cars, providing parts for repairs, and recycling iron, steel, aluminum, etc.
Citizens along Pinebrooke Road came to commission several months ago seeking to protect their property values and to improve the appearance of the community by requiring fences or trees around junkyards-- while making it clear that they did not want to force any junkyard owner out of business.
After the proposal was drawn up, the owners asked for more time (5 years instead of 3) to address the problem, and some expressed concern about the cost of a fence.
I sincerely hope we can resolve this at the November 14th Public Services meeting with a proposal that will make the Pinebrooke area and all of Hamblen County a better, more beautiful place to live.
If the county and KAB help with the cost and planning, I would hope that we can address this problem within one or two years.
Friday, October 21, 2005
October 21, 2005 A l-o-o-o-ng meeting. B-i-i-i-ig issues.
Three big issues dominated Commission's four-hour meeting yesterday:
1. Resolution to "bill" the federal government for illegal immigrant education costs
2. Resolution to appropriate $60,000 to the Hamblen County School Board for a new "International School"
3. Resolution to have junkyards in Hamblen County put fences or trees around their property
1. Resolution to "bill" the federal government for illegal immigrant education costs.
This proposal from Commissioner Tom Lowe had been studied and worked on for months. Commissioners received a copy of the proposal over 10 days ago. Yesterday, Commissioner Ricky Bruce stated that he thought some of the figures on migrant population were wrong.
After much back-and-forth, the Commission decided that the resolution would be considered again and the school board would be asked again to provide information and data to be used in the resolution. (Commissioner Lowe had great difficulty getting figures from the local Board of Education, and the migrant population data that was used in the resolution came from the State of Tennessee Department of Education)
2. Resolution to appropriate $60,000 to the Hamblen County School Board for a new "International School"
After public comments from many people (most opposed to the school) and after extensive discussion and questions from commissioners, the vote was 8-6 to approve the $60,000 appropriation to the International School venture. The vote was no surprise.
The eight commissioners voting to help start a new school site at Walters State were: Dennis Alvis, Ricky Bruce, Maudie Briggs, Doyle Fullington, Donald Gray, Herbert Harville, Edwin Osborne, and Joe Spoone.
Opposing the funding of a new school site at Walters State were: Larry Baker, Guy Collins, Tom Lowe, Linda Noe, Nancy Phillips, and Bobby Reinhardt.
One individual who spoke against the International School brought out what he considered to be at a minimum "ethical" conflicts of interest involving three commissioners. This individual mentioned that Commissioner Ricky Bruce's sister (Paula Bruce Combs) is an assistant principal in the Hamblen County School System. He said she was selected as an assistant principal less than a year after her brother Ricky Bruce was elected to the Commission. (Since her appointment was in 2003, the current Director of Schools, Dale Lynch, is the one who appointed Commissioner Ricky Bruce's sister to the assistant principalship).
He added that Commissioner Herbert Harville's son Stan is a principal (non-tenured) at Witt and Harville's daughter-in-law is a teacher. Stan has tenure as a teacher, but he is not protected by tenure as a principal.
Finally, the speaker said that Commission Chair Joe Spoone has the most conflicts and closest family ties to the school system. He pointed out that Joe's brother, James Spoone, is a Hamblen County bus driver (non-tenured). Joe's sister, Carolyn Spoone Holt, is chairman of the Hamblen County School Board. Joe's wife, Charlene Spoone, is a technology assistant (non-tenured). Joe is covered by his wife's medical insurance with the Hamblen County School Board.
He mentioned that Joe used to be on the county's insurance plan but apparently decided to become a dependent on his wife's school insurance over a year ago. Most people consider the school insurance to be the Cadillac of insurance while the county insurance has been referred to as a Chevrolet. (Chevrolet owners don't get upset with the comparison. I'm certainly not knocking Chevrolets-- I drive a Chevy PU occasionally.)
The speaker said that the conflicts might or might not be considered as legally precluding these three from voting on school issues, but he wanted Bruce, Harville, and Spoone to consider the ethics of the situation. He asked that they consider recusing themselves from the vote and the discussion on the International School to avoid even the "appearance of impropriety."
You can see by the vote that Joe Spoone, who has the most conflicted situation, didn't think that his brother's employment by the school board, his sister's position as chair of the school board, his wife's employment by the school board, or his own medical insurance coverage under the school board plan creates an "ethical" problem or gives off even the "appearance of impropriety."
Because of the gentleman's concern about conflicts, ethics, and the appearance of impropriety, I raised a question about Joe voting on the International School issue. I hope that by simply raising the question, there is at least a greater awareness of the ethical issue here and the obvious appearance of impropriety.
Tennessee's conflict of interest statute is so limited that it is likely that there is no technical legal conflict. You just about have to pay yourself directly to have a legal conflict of interest.
"Ethical" and "appearance of impropriety" questions are more complex. I'm afraid that Tennessee (as all who have watched Tennessee Waltz corruption charges unfold across the state) has few and largely toothless ethics standards at this point in time. The "call" on the type of ethical questions that the gentleman raised is apparently left to the person with the conflict to decide.
Obviously, Commissioner Spoone may take the position that there is no "appearance of impropriety" and that he is not "ethically" conflicted by the fact that his wife is employed by the school board and his medical insurance is provided by the school board through his wife's plan, that his brother is employed by the school board, and that his sister is chairman of the school board.
I think that the gentleman yesterday who discussed these family and economic ties was actually telling commissioners that sometimes common sense tells you more about conflicts of interest than all the laws on the books. Sometimes common sense tells you that you have a personal conflict and that stepping aside is the right thing to do.
It is Tennessee's loose ethics laws that have precipitated the current ethical crisis in the state and that have prompted the renewed emphasis on ethics legislation at every level of government. Is there anyone, including Commissioner Joe Spoone, who can say with a straight face that his many close family and economic ties to the school board have no effect on his vote?
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I'll get into more on the International School in later posts, but I do want to add something important now for all citizens and taxpayers to consider. The School System's ELL (English-Language Learners) student count resulted in state and local match BEP funding for 11.5 ELL teachers in the current 2005-2006 school year. The school system, however, employed only 8 ELL teachers for 2005-2006.
There will be, and has been, "spin" galore about the ELL teacher situation. As Commissioner Phillips pointed out yesterday, if the school system had followed the BEP funding guidelines in this area (11.5 teachers), we would only be 2.5 teachers short of the 14 that will be required for ELL students in 2006-2007 instead of being 6 short! Another item that the Board likes to "spin" is to say that the state/local BEP funding doesn't cover the full costs of these ELL teachers in Hamblen County.
Well, the fact is that the state provides 62.7% of the BEP funding for these teachers and Hamblen County provides the required BEP local funding match of 37.3%. The school system says that this level of state/local BEP funding doesn't cover its teacher and benefit costs. What is not mentioned is that Hamblen County provides additional funding over and above the required BEP local funding match of 37.3%. Hamblen County provides approximately $5 million dollars in additional funding above the required match and has done so for several years through maintenance of effort provisions. And on top of the $5 million provided above BEP local match requirements, Hamblen County also provides additional money to the schools every year through the payment of school construction debt on behalf of the school system---principal and interest payments that are paid from the county's debt service fund. (If you hear it said that the school system helps pay the school construction debt, that is correct but only to a small degree. The school system agreed years ago to contribute $500,000 of its BEP money to help in the payment of the huge school construction debt that was incurred by the county with the recently completed $35 million school building program--this $500,000, however, does not begin to cover the principal and interest costs that the county incurs and pays each year for school debt outside of the BEP and school budget.)
There will be a dozen different and carefully worded explanations for the current "crisis" and shortage of ELL teachers. Putting all this "spin" aside, the simple fact is that the school system shorted this program area for at least two years and has now put together a plan to start a brand new school for "newcomers" --a plan that will involve bussing 120 students from all over the county to and from a site at Walters State with loss of instructional time and ever-rising costs to the local taxpayers in future years.
3. Resolution to have junkyard owners put fences or trees around their property
This proposal that has been in the works for over six months seemed to be going along well until a few days before the commission meeting when several owners of junkyards asked to meet with Commissioner Nancy Phillips to express their concerns.
Junkyards in Hamblen County were "grandfathered" in when countywide zoning was enacted in the early 1990's. That means that junkyards in existence when zoning was first adopted can not be forced out of business (unless they cease operations for an extended period of time) even though they do not conform to the current zoning of their area.
County attorney Rusty Cantwell, at the request of several Hamblen County residents and several commissioners, researched what could be done to gradually require junkyard owners to put fences or trees around their property to help shield any unsightly piles of cars or junk on their property from public view. Coming out of committee, the proposal was to require owners to build a fence or plant trees as a screen around the junkyard--and allow them 3 years to do this.
Because of the discussion about changes, the commission did not take action yesterday. Yesterday's meeting was recessed, and the full commission will meet again on Monday, October 24, at 6:00 pm to iron out the details of the junkyard ordinance. Some suggestions made yesterday were to allow 5 years before a fence or trees must be planted and to only make the fencing and trees apply to junkyards fronting on county roads--with the idea that the state can be pushed to address the junkyards that have frontage on state roads.
Coming up soon...update on county vehicles (should be very interesting), audit information, and the long-awaited report on the headlines you've seen and those you haven't seen (but should have) in the Tribune.
1. Resolution to "bill" the federal government for illegal immigrant education costs
2. Resolution to appropriate $60,000 to the Hamblen County School Board for a new "International School"
3. Resolution to have junkyards in Hamblen County put fences or trees around their property
1. Resolution to "bill" the federal government for illegal immigrant education costs.
This proposal from Commissioner Tom Lowe had been studied and worked on for months. Commissioners received a copy of the proposal over 10 days ago. Yesterday, Commissioner Ricky Bruce stated that he thought some of the figures on migrant population were wrong.
After much back-and-forth, the Commission decided that the resolution would be considered again and the school board would be asked again to provide information and data to be used in the resolution. (Commissioner Lowe had great difficulty getting figures from the local Board of Education, and the migrant population data that was used in the resolution came from the State of Tennessee Department of Education)
2. Resolution to appropriate $60,000 to the Hamblen County School Board for a new "International School"
After public comments from many people (most opposed to the school) and after extensive discussion and questions from commissioners, the vote was 8-6 to approve the $60,000 appropriation to the International School venture. The vote was no surprise.
The eight commissioners voting to help start a new school site at Walters State were: Dennis Alvis, Ricky Bruce, Maudie Briggs, Doyle Fullington, Donald Gray, Herbert Harville, Edwin Osborne, and Joe Spoone.
Opposing the funding of a new school site at Walters State were: Larry Baker, Guy Collins, Tom Lowe, Linda Noe, Nancy Phillips, and Bobby Reinhardt.
One individual who spoke against the International School brought out what he considered to be at a minimum "ethical" conflicts of interest involving three commissioners. This individual mentioned that Commissioner Ricky Bruce's sister (Paula Bruce Combs) is an assistant principal in the Hamblen County School System. He said she was selected as an assistant principal less than a year after her brother Ricky Bruce was elected to the Commission. (Since her appointment was in 2003, the current Director of Schools, Dale Lynch, is the one who appointed Commissioner Ricky Bruce's sister to the assistant principalship).
He added that Commissioner Herbert Harville's son Stan is a principal (non-tenured) at Witt and Harville's daughter-in-law is a teacher. Stan has tenure as a teacher, but he is not protected by tenure as a principal.
Finally, the speaker said that Commission Chair Joe Spoone has the most conflicts and closest family ties to the school system. He pointed out that Joe's brother, James Spoone, is a Hamblen County bus driver (non-tenured). Joe's sister, Carolyn Spoone Holt, is chairman of the Hamblen County School Board. Joe's wife, Charlene Spoone, is a technology assistant (non-tenured). Joe is covered by his wife's medical insurance with the Hamblen County School Board.
He mentioned that Joe used to be on the county's insurance plan but apparently decided to become a dependent on his wife's school insurance over a year ago. Most people consider the school insurance to be the Cadillac of insurance while the county insurance has been referred to as a Chevrolet. (Chevrolet owners don't get upset with the comparison. I'm certainly not knocking Chevrolets-- I drive a Chevy PU occasionally.)
The speaker said that the conflicts might or might not be considered as legally precluding these three from voting on school issues, but he wanted Bruce, Harville, and Spoone to consider the ethics of the situation. He asked that they consider recusing themselves from the vote and the discussion on the International School to avoid even the "appearance of impropriety."
You can see by the vote that Joe Spoone, who has the most conflicted situation, didn't think that his brother's employment by the school board, his sister's position as chair of the school board, his wife's employment by the school board, or his own medical insurance coverage under the school board plan creates an "ethical" problem or gives off even the "appearance of impropriety."
Because of the gentleman's concern about conflicts, ethics, and the appearance of impropriety, I raised a question about Joe voting on the International School issue. I hope that by simply raising the question, there is at least a greater awareness of the ethical issue here and the obvious appearance of impropriety.
Tennessee's conflict of interest statute is so limited that it is likely that there is no technical legal conflict. You just about have to pay yourself directly to have a legal conflict of interest.
"Ethical" and "appearance of impropriety" questions are more complex. I'm afraid that Tennessee (as all who have watched Tennessee Waltz corruption charges unfold across the state) has few and largely toothless ethics standards at this point in time. The "call" on the type of ethical questions that the gentleman raised is apparently left to the person with the conflict to decide.
Obviously, Commissioner Spoone may take the position that there is no "appearance of impropriety" and that he is not "ethically" conflicted by the fact that his wife is employed by the school board and his medical insurance is provided by the school board through his wife's plan, that his brother is employed by the school board, and that his sister is chairman of the school board.
I think that the gentleman yesterday who discussed these family and economic ties was actually telling commissioners that sometimes common sense tells you more about conflicts of interest than all the laws on the books. Sometimes common sense tells you that you have a personal conflict and that stepping aside is the right thing to do.
It is Tennessee's loose ethics laws that have precipitated the current ethical crisis in the state and that have prompted the renewed emphasis on ethics legislation at every level of government. Is there anyone, including Commissioner Joe Spoone, who can say with a straight face that his many close family and economic ties to the school board have no effect on his vote?
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I'll get into more on the International School in later posts, but I do want to add something important now for all citizens and taxpayers to consider. The School System's ELL (English-Language Learners) student count resulted in state and local match BEP funding for 11.5 ELL teachers in the current 2005-2006 school year. The school system, however, employed only 8 ELL teachers for 2005-2006.
There will be, and has been, "spin" galore about the ELL teacher situation. As Commissioner Phillips pointed out yesterday, if the school system had followed the BEP funding guidelines in this area (11.5 teachers), we would only be 2.5 teachers short of the 14 that will be required for ELL students in 2006-2007 instead of being 6 short! Another item that the Board likes to "spin" is to say that the state/local BEP funding doesn't cover the full costs of these ELL teachers in Hamblen County.
Well, the fact is that the state provides 62.7% of the BEP funding for these teachers and Hamblen County provides the required BEP local funding match of 37.3%. The school system says that this level of state/local BEP funding doesn't cover its teacher and benefit costs. What is not mentioned is that Hamblen County provides additional funding over and above the required BEP local funding match of 37.3%. Hamblen County provides approximately $5 million dollars in additional funding above the required match and has done so for several years through maintenance of effort provisions. And on top of the $5 million provided above BEP local match requirements, Hamblen County also provides additional money to the schools every year through the payment of school construction debt on behalf of the school system---principal and interest payments that are paid from the county's debt service fund. (If you hear it said that the school system helps pay the school construction debt, that is correct but only to a small degree. The school system agreed years ago to contribute $500,000 of its BEP money to help in the payment of the huge school construction debt that was incurred by the county with the recently completed $35 million school building program--this $500,000, however, does not begin to cover the principal and interest costs that the county incurs and pays each year for school debt outside of the BEP and school budget.)
There will be a dozen different and carefully worded explanations for the current "crisis" and shortage of ELL teachers. Putting all this "spin" aside, the simple fact is that the school system shorted this program area for at least two years and has now put together a plan to start a brand new school for "newcomers" --a plan that will involve bussing 120 students from all over the county to and from a site at Walters State with loss of instructional time and ever-rising costs to the local taxpayers in future years.
3. Resolution to have junkyard owners put fences or trees around their property
This proposal that has been in the works for over six months seemed to be going along well until a few days before the commission meeting when several owners of junkyards asked to meet with Commissioner Nancy Phillips to express their concerns.
Junkyards in Hamblen County were "grandfathered" in when countywide zoning was enacted in the early 1990's. That means that junkyards in existence when zoning was first adopted can not be forced out of business (unless they cease operations for an extended period of time) even though they do not conform to the current zoning of their area.
County attorney Rusty Cantwell, at the request of several Hamblen County residents and several commissioners, researched what could be done to gradually require junkyard owners to put fences or trees around their property to help shield any unsightly piles of cars or junk on their property from public view. Coming out of committee, the proposal was to require owners to build a fence or plant trees as a screen around the junkyard--and allow them 3 years to do this.
Because of the discussion about changes, the commission did not take action yesterday. Yesterday's meeting was recessed, and the full commission will meet again on Monday, October 24, at 6:00 pm to iron out the details of the junkyard ordinance. Some suggestions made yesterday were to allow 5 years before a fence or trees must be planted and to only make the fencing and trees apply to junkyards fronting on county roads--with the idea that the state can be pushed to address the junkyards that have frontage on state roads.
Coming up soon...update on county vehicles (should be very interesting), audit information, and the long-awaited report on the headlines you've seen and those you haven't seen (but should have) in the Tribune.
Thursday, October 20, 2005
October 20, 2005 Commission's Agenda for Today
I have remarked several times--most recently at our October 10th committee meetings-- that the agenda for meetings of the Hamblen County Commission should be published in the local newspaper. Since this is not done yet and people do not know all the items that may come up and be voted on, I am publishing the October agenda here.
All Commission and Committee meetings are open to the public.
Since the Commission has taken no official action yet to change its Public Comments portion of the meetings, citizens can still address the commission at the beginning of the meeting. Those who are listed on the agenda as visitors are individuals who signed up in advance and who get 5 minutes to speak. Others in the audience who ask to be recognized may speak for 3 minutes.
OPENING
Call to Order
Prayer
Pledge of Allegiance
Roll Call
Recognition of Visitors (Public Comments)
i. Officers who Aided in Hurricane Relief
ii. Charles Wilson
iii. Wayne Dollar
iv. Rev. Nigel Reid, Sr.
1. Minutes, Notaries and Appointments/Confirmations
a. Approval of Sept. 22 Minutes
b. Approval of Notaries and Bonds
c. Elections/Appointments/Confirmations
2. Planning Commission Report
a. 5018 Copper Ridge Road
b. 4500 S. Davy Crockett Pkwy
3. Old Business
a. Resolution Regarding Illegal Aliens (Roll Call)
4. New Business
a. Resolution Recognizing Morristown-Hamblen East as a National Blue Ribbon School
5. Finance Committee Report
a. Operating Summaries 9/30/05
b. Review of Monthly checks submitted by Office of the County Mayor
c. Hospital Debt Service Expenditure Rules/Regulations
d. Request for $60,000 from Hamblen County Board of Education for International School (Roll Call)
e. Drainage Bond Release
f. Budget Amendments
-----i. General Fund
--------a. Agriculture Extension (Roll Call)
--------b. Planning & Zoning (Roll Call)
g. Bids/RFP's
-----i. Custodial Bid (Roll Call)
6. Construction Oversight Committee Report
a. Discussion of Architectural Contract for Jail 2nd floor build-out (Roll Call)
7. Personnel/Policies & Procedures Committee Report
a. Discussion of Maintenance Positions (Roll Call)
b. Discussion of Overtime Issues (Roll Call)
8. Public Services Committee Report
a. Discussion of Junkyards
-----i. Proposed Amendments to Zoning Regulations Affecting Grandfathered Junkyards
----ii. Resolution Proposing Changes to Zoning Regulations Regarding Grandfathered Junkyards (Roll Call)
b. Resolution Regarding Illegal Aliens (Roll Call) (See Old Business at start of meeting)
c. Discussion of Central Location for Garbage Cans in Trailer Parks
d. Presentation of Tourism Statistics for Hamblen County
e. Discussion of Handling Public Comments
f. Letter to Cable Companies Verifying Times for Airing County Commission Meetings
9. Items of Interest
a. Recognition of Vice-Chairman Guy Collins for 46 years of service and Commissioners Larry Baker, Bobby
Reinhardt, and Joe Spoone for Service in excess of 20 years.
b. School System Diversity Compilation
10. Open Floor Discussion
11. Adjournment
A Roll Call Vote Is Not Taken on All Agenda Items. Roll Call Votes are Required When Money is Involved (An Appropriation or Budget Amendment).
All Commission and Committee meetings are open to the public.
Since the Commission has taken no official action yet to change its Public Comments portion of the meetings, citizens can still address the commission at the beginning of the meeting. Those who are listed on the agenda as visitors are individuals who signed up in advance and who get 5 minutes to speak. Others in the audience who ask to be recognized may speak for 3 minutes.
OPENING
Call to Order
Prayer
Pledge of Allegiance
Roll Call
Recognition of Visitors (Public Comments)
i. Officers who Aided in Hurricane Relief
ii. Charles Wilson
iii. Wayne Dollar
iv. Rev. Nigel Reid, Sr.
1. Minutes, Notaries and Appointments/Confirmations
a. Approval of Sept. 22 Minutes
b. Approval of Notaries and Bonds
c. Elections/Appointments/Confirmations
2. Planning Commission Report
a. 5018 Copper Ridge Road
b. 4500 S. Davy Crockett Pkwy
3. Old Business
a. Resolution Regarding Illegal Aliens (Roll Call)
4. New Business
a. Resolution Recognizing Morristown-Hamblen East as a National Blue Ribbon School
5. Finance Committee Report
a. Operating Summaries 9/30/05
b. Review of Monthly checks submitted by Office of the County Mayor
c. Hospital Debt Service Expenditure Rules/Regulations
d. Request for $60,000 from Hamblen County Board of Education for International School (Roll Call)
e. Drainage Bond Release
f. Budget Amendments
-----i. General Fund
--------a. Agriculture Extension (Roll Call)
--------b. Planning & Zoning (Roll Call)
g. Bids/RFP's
-----i. Custodial Bid (Roll Call)
6. Construction Oversight Committee Report
a. Discussion of Architectural Contract for Jail 2nd floor build-out (Roll Call)
7. Personnel/Policies & Procedures Committee Report
a. Discussion of Maintenance Positions (Roll Call)
b. Discussion of Overtime Issues (Roll Call)
8. Public Services Committee Report
a. Discussion of Junkyards
-----i. Proposed Amendments to Zoning Regulations Affecting Grandfathered Junkyards
----ii. Resolution Proposing Changes to Zoning Regulations Regarding Grandfathered Junkyards (Roll Call)
b. Resolution Regarding Illegal Aliens (Roll Call) (See Old Business at start of meeting)
c. Discussion of Central Location for Garbage Cans in Trailer Parks
d. Presentation of Tourism Statistics for Hamblen County
e. Discussion of Handling Public Comments
f. Letter to Cable Companies Verifying Times for Airing County Commission Meetings
9. Items of Interest
a. Recognition of Vice-Chairman Guy Collins for 46 years of service and Commissioners Larry Baker, Bobby
Reinhardt, and Joe Spoone for Service in excess of 20 years.
b. School System Diversity Compilation
10. Open Floor Discussion
11. Adjournment
A Roll Call Vote Is Not Taken on All Agenda Items. Roll Call Votes are Required When Money is Involved (An Appropriation or Budget Amendment).
Wednesday, October 12, 2005
October 13, 2005 Sections A-C Hamblen County's Illegal Immigration Resolution
HAMBLEN COUNTY COMMISSION RESOLUTION
This is a copy of the information provided to all Hamblen County Commissioners at the October 10th meeting of the Public Services Committee regarding estimated costs incurred by the county in 2002-2003 and 2003-2004 in relation to the education of illegal immigrant students.
The parts that will be sent to the U. S. Government (Senator Bill Frist and Senator Lamar Alexander and Congressman Bill Jenkins of Tennessee and others) are:
A. The Resolution
C. Itemized Costs.
Sections B,D,E, and F provide background information, data on additional costs, commentary on statements that have previously been made in opposition to the proposal, and figures that were requested of the Hamblen County Board of Education by Commissioner Tom Lowe. Only a part of Section B is shown here. See my post of October 10 "Illegal Immigration Resolution" to see the full document.
NOTE: Some of the information in the resolution was in a column format but may not appear in columns within this text. Hopefully, any information that was in a column format can be understood regardless.
“Send the ‘illegal immigration education’ bill to the US Government”
Contents:
A. Resolution
B. Background & Objective
C. Itemized Costs
Submitted by Commissioner Tom Lowe October, 2005
A. RESOLUTION
Whereas.....1. Hamblen County school expenses routinely exceed revenues, largely due to costs arising from education services rendered to students whose enrollment in Hamblen County schools is due to illegal immigration.
Whereas.....2. School enrollment data reveals the majority of students produced by illegal immigration are illegal aliens, unlawfully present in the United States.
Whereas.....3. Supreme Court case law in Plyler v. Doe requires Hamblen County to provide education services to all students whether their U.S. presence is lawful or unlawful.
Whereas…..4. Federal mandates requiring county payment for educational services to students in Hamblen County due to illegal immigration has precluded other county services, staff pay and benefits, as well as needed capital repair and maintenance.
Whereas......5. Local police departments receive federal reimbursement for the cost of arresting and jailing illegal aliens under the Department of Justice State Criminal Alien Assistance Program (SCAAP), requiring law enforcement to establish that the prisoner is an illegal alien.
Whereas......6. State prisons receive federal reimbursement for long-term incarceration of sentenced illegal alien prisoners, also requiring that the prisoner be identified as an illegal alien.
Whereas......7. Hospitals may obtain federal reimbursement of illegal aliens’ medical costs after establishing the patient’s illegal alien status.
Be It Resolved...That the Hamblen County Commission will send an invoice to the United States Government for educational costs due to illegal immigration, similar in principle to current reimbursement practices of local police, state prisons and hospitals.
Itemized costs are based on figures already submitted, accepted and paid by the Tennessee Dept of Education for services rendered during the school years 2002-03 and 2003-04. Student counts will be taken from enrollment in Title 1, Part C Migrant Education Program, because the occupations qualifying a “migrant” student (agriculture, migratory, temporary or seasonal agricultural workers, migratory dairy workers, fishing or migratory, temporary or seasonal fishing (8)) are routinely identified by government officials as performed by illegal aliens because “they do the jobs Americans won’t do.”
In addition to the calculated local contribution to the established PPE (Per Pupil Expenditure) will be included costs of operating two federal programs: (a) Title 1, Part C Migrant Education Program and(b) Title III, English as a Second Language. Only costs of programs directly resulting from students enrolled in Hamblen County Schools as a result of illegal immigration will be included.
An example is the free breakfast & free lunch program. Many “illegal immigration” students are on the free meal program but can’t be distinguished from other students. For that reason, the costs of such programs won’t be included in this resolution and invoice. Sections A & C (Resolution and Itemized Cost Statement), itemized by year and based on Tennessee DOE figures, will be sent to Washington DC offices of our federal legislators: Senator Bill Frist, Senator Lamar Alexander and Congressman Bill Jenkins.
B. BACKGROUND. As with other U.S. local governments, illegal immigration has been disastrous to Hamblen County’s finances, especially with education costs. One indicator of “illegal immigration” is the count of “English-Language Learner” and Migrant students:
Year---Migrant(ii)---ELL (i)---ELL/Hispanic---Hispanic Only (i)----All (i)
99-00------------------193-----------71%-------------272 (3.0%)--------9,015
00-01----198----------275----------71%-------------385 (4.2%)---------9,121
01-02--- 200----------253----------55%-------------458 (5.0%)---------8,995
02-03--- 503----------355----------54%-------------659 (6.9%)---------9,602
03-04--- 973 (iii)-----496----------65%-------------760 (7.8%)---------9,729
04-05--- 744 (iii)----563 (ii) 300% increase in 5 years!
05-06--- 650 (ii) Projected
C. ITEMIZED COST STATEMENT
PPE = Per Pupil Expenditure Hamblen County Direct Contribution (6)
School Year 2002-03 (PPE = $6369) 44.7% of PPE Total
Migrant Count (1)--------503 x -----------$ 2,847----------------------- $1,432,041
School Year 2003-04 (PPE = $6448) 43.8% of PPE Total
Migrant Population (11)-973 x -----------$ 2,824---------------------- $2,747,752
Total Selected Hamblen County Direct Costs------------ $ 4,179,793
This is a copy of the information provided to all Hamblen County Commissioners at the October 10th meeting of the Public Services Committee regarding estimated costs incurred by the county in 2002-2003 and 2003-2004 in relation to the education of illegal immigrant students.
The parts that will be sent to the U. S. Government (Senator Bill Frist and Senator Lamar Alexander and Congressman Bill Jenkins of Tennessee and others) are:
A. The Resolution
C. Itemized Costs.
Sections B,D,E, and F provide background information, data on additional costs, commentary on statements that have previously been made in opposition to the proposal, and figures that were requested of the Hamblen County Board of Education by Commissioner Tom Lowe. Only a part of Section B is shown here. See my post of October 10 "Illegal Immigration Resolution" to see the full document.
NOTE: Some of the information in the resolution was in a column format but may not appear in columns within this text. Hopefully, any information that was in a column format can be understood regardless.
“Send the ‘illegal immigration education’ bill to the US Government”
Contents:
A. Resolution
B. Background & Objective
C. Itemized Costs
Submitted by Commissioner Tom Lowe October, 2005
A. RESOLUTION
Whereas.....1. Hamblen County school expenses routinely exceed revenues, largely due to costs arising from education services rendered to students whose enrollment in Hamblen County schools is due to illegal immigration.
Whereas.....2. School enrollment data reveals the majority of students produced by illegal immigration are illegal aliens, unlawfully present in the United States.
Whereas.....3. Supreme Court case law in Plyler v. Doe requires Hamblen County to provide education services to all students whether their U.S. presence is lawful or unlawful.
Whereas…..4. Federal mandates requiring county payment for educational services to students in Hamblen County due to illegal immigration has precluded other county services, staff pay and benefits, as well as needed capital repair and maintenance.
Whereas......5. Local police departments receive federal reimbursement for the cost of arresting and jailing illegal aliens under the Department of Justice State Criminal Alien Assistance Program (SCAAP), requiring law enforcement to establish that the prisoner is an illegal alien.
Whereas......6. State prisons receive federal reimbursement for long-term incarceration of sentenced illegal alien prisoners, also requiring that the prisoner be identified as an illegal alien.
Whereas......7. Hospitals may obtain federal reimbursement of illegal aliens’ medical costs after establishing the patient’s illegal alien status.
Be It Resolved...That the Hamblen County Commission will send an invoice to the United States Government for educational costs due to illegal immigration, similar in principle to current reimbursement practices of local police, state prisons and hospitals.
Itemized costs are based on figures already submitted, accepted and paid by the Tennessee Dept of Education for services rendered during the school years 2002-03 and 2003-04. Student counts will be taken from enrollment in Title 1, Part C Migrant Education Program, because the occupations qualifying a “migrant” student (agriculture, migratory, temporary or seasonal agricultural workers, migratory dairy workers, fishing or migratory, temporary or seasonal fishing (8)) are routinely identified by government officials as performed by illegal aliens because “they do the jobs Americans won’t do.”
In addition to the calculated local contribution to the established PPE (Per Pupil Expenditure) will be included costs of operating two federal programs: (a) Title 1, Part C Migrant Education Program and(b) Title III, English as a Second Language. Only costs of programs directly resulting from students enrolled in Hamblen County Schools as a result of illegal immigration will be included.
An example is the free breakfast & free lunch program. Many “illegal immigration” students are on the free meal program but can’t be distinguished from other students. For that reason, the costs of such programs won’t be included in this resolution and invoice. Sections A & C (Resolution and Itemized Cost Statement), itemized by year and based on Tennessee DOE figures, will be sent to Washington DC offices of our federal legislators: Senator Bill Frist, Senator Lamar Alexander and Congressman Bill Jenkins.
B. BACKGROUND. As with other U.S. local governments, illegal immigration has been disastrous to Hamblen County’s finances, especially with education costs. One indicator of “illegal immigration” is the count of “English-Language Learner” and Migrant students:
Year---Migrant(ii)---ELL (i)---ELL/Hispanic---Hispanic Only (i)----All (i)
99-00------------------193-----------71%-------------272 (3.0%)--------9,015
00-01----198----------275----------71%-------------385 (4.2%)---------9,121
01-02--- 200----------253----------55%-------------458 (5.0%)---------8,995
02-03--- 503----------355----------54%-------------659 (6.9%)---------9,602
03-04--- 973 (iii)-----496----------65%-------------760 (7.8%)---------9,729
04-05--- 744 (iii)----563 (ii) 300% increase in 5 years!
05-06--- 650 (ii) Projected
C. ITEMIZED COST STATEMENT
PPE = Per Pupil Expenditure Hamblen County Direct Contribution (6)
School Year 2002-03 (PPE = $6369) 44.7% of PPE Total
Migrant Count (1)--------503 x -----------$ 2,847----------------------- $1,432,041
School Year 2003-04 (PPE = $6448) 43.8% of PPE Total
Migrant Population (11)-973 x -----------$ 2,824---------------------- $2,747,752
Total Selected Hamblen County Direct Costs------------ $ 4,179,793
October 12, 2005 Congressman Tancredo to Hamblen County
Hamblen County is not the only county affected by costs associated with illegal aliens. Nor is education the only part of county government that is impacted by these costs.
Other costs are found in connection with law enforcement, courts, jails, hospitals, and medical providers.
Congressman Tom Tancredo is a strong voice in his home state of Colorado as well as in Washington in the drive to petition Congress to halt illegal immigration and to establish secure borders.
Congressman Tancredo copied the following letter to all county commissioners, Mayor David Purkey, and Tennessee 1st District Congressional Rep. Bill Jenkins in support of the Hamblen County Commission's Resolution to send the 'illegal immigration bill' to the US government:
See my earlier post for October 10, 2005: "Illegal Immigration Resolution"
-------------------------------------------------------------------------------------------
THOMAS G. TANCREDO
6th district, Colorado
1130 Longworth House Office Building
Washington, D. C. 20515
Main 202-225-7882
Fax 202-226-4623
Committee on Resources
Committee on International Relations
Congress of the United States
House of Representatives
Washington, D.C. 20515-0606
October 6, 2005
Hon. Joe Spoone, Chairman
Hamblen County Commission
1750 Timbercrest
Morristown, Tennessee 37814
Dear Commission Chairman Spoone:
I am aware that you will soon be considering a resolution to seek information and datathat will allow the attempted recovery of the costs of providing public services to illegalaliens in your county. Those services include public K-12 education and emergencyroom medical care as mandated by federal court decisions. I applaud you forconsidering this course of action and urge you to pursue it.
While public schools are required by federal court rulings to admit students based solely on residency and without regard to immigration status, there is nothing in federal law that prohibits schools from asking about immigration status and reporting the aggregate data to the school board and the county commission. Such aggregate data violates no one's privacy rights.
The same is true of other public services funded by taxpayers. Hospital emergency rooms can ask such questions and collect that data. They have chosen not to do so, yet there is no legal prohibition from doing it. It is also common for indigents, including illegal aliens, to be treated for other ailments after being admitted for an emergency condition. To the extent that Tennessee and Hamblen County taxpayers are required to provide indigent health care in local hospitals, citizens have a right to know the scope and cost of this public expenditure.
County jails across the country incur costs for incarceration of illegal aliens convicted of crime or awaiting trial, yet few jails report that data and that cost to the public. Jail administrators can determine immigration status of inmates by asking assistance from the local Immigration and Customs Enforcement (ICE) office, and can ask that identified illegal aliens be placed on "immigration hold" to face deportation proceedings when their jail terms end. Many counties currently receive federal reimbursement of incarceration costs through the U.S. Department of Justice's State Criminal Alien Assistance Program (SCAAP), but studies have shown that the amount of reimbursement is only about 25% of the true costs of incarceration. For example, in 2004 the State of Tennessee penal
----------------------------------------------------------------------------------------------------------------------------------
Chairman Joe Spoone October 6, 2005
Page Two
system received $238,789 in SCAAP funds, but the actual cost was closer to $1 million. This means the taxpayers of Tennessee paid at least $700,000 to incarcerate illegal aliens in the state prison system alone, not counting the costs in local jails. The federal grant formula is based on a percentage of correctional staff salaries and does not take into account the costs of food, recreation, health, transportation, capital investment, or the cost of judicial proceedings and law enforcement.
Consider the following facts about illegal alien crime:
o In Los Angeles County; California, in 2002, a study by the county sheriff revealed that over 24% of the
inmates in the jail were illegal aliens, and many localities across America now have percentages in the
range of 10% or higher.
o A study by my office of the in Denver, Colorado city-county jail revealed that fewer than 15% of the illegal
alien inmates in 2004 had been deported. The remaining 85% were released back into the community.
o Another study showed that the typical illegal alien deported for criminal activity in 2002 had committed
seven crimes.
o The state penal system in Tennessee received federal SCAAP reimbursement payments in 2004 for
incarcerating nearly 200 illegal alien felons, but only 41 felons were deported that year.
Has anyone investigated to find out the comparable numbers in Hamblen County? The faster criminal aliens can be identified and removed through deportation, the more savings accrue to taxpayers—in dollar terms and in reduced crime.
The commissioners in Canyon County, Idaho sent a bill for medical costs to the Mexican government, because the Mexican government officially encourages and condones illegal entry into the U.S. The governor of Arizona sent a bill to the federal government this year for the full costs of incarceration of all illegal aliens in jails across the state.
I hope Hamblen County will seek to identify such costs, will share this information with its citizens, and then will seek recovery of those costs in some appropriate manner. I also hope you will join Tennessee citizens in petitioning Congress to halt illegal immigration by establishing secure borders.
Sincerely,
Tom Tancredo
Member of Congress
Chairman, Congressional Immigration Reform Caucus
CC: All Hamblen County Commissioners
County Mayor Dave Purkey
Rep. William Jenkins
Other costs are found in connection with law enforcement, courts, jails, hospitals, and medical providers.
Congressman Tom Tancredo is a strong voice in his home state of Colorado as well as in Washington in the drive to petition Congress to halt illegal immigration and to establish secure borders.
Congressman Tancredo copied the following letter to all county commissioners, Mayor David Purkey, and Tennessee 1st District Congressional Rep. Bill Jenkins in support of the Hamblen County Commission's Resolution to send the 'illegal immigration bill' to the US government:
See my earlier post for October 10, 2005: "Illegal Immigration Resolution"
-------------------------------------------------------------------------------------------
THOMAS G. TANCREDO
6th district, Colorado
1130 Longworth House Office Building
Washington, D. C. 20515
Main 202-225-7882
Fax 202-226-4623
Committee on Resources
Committee on International Relations
Congress of the United States
House of Representatives
Washington, D.C. 20515-0606
October 6, 2005
Hon. Joe Spoone, Chairman
Hamblen County Commission
1750 Timbercrest
Morristown, Tennessee 37814
Dear Commission Chairman Spoone:
I am aware that you will soon be considering a resolution to seek information and datathat will allow the attempted recovery of the costs of providing public services to illegalaliens in your county. Those services include public K-12 education and emergencyroom medical care as mandated by federal court decisions. I applaud you forconsidering this course of action and urge you to pursue it.
While public schools are required by federal court rulings to admit students based solely on residency and without regard to immigration status, there is nothing in federal law that prohibits schools from asking about immigration status and reporting the aggregate data to the school board and the county commission. Such aggregate data violates no one's privacy rights.
The same is true of other public services funded by taxpayers. Hospital emergency rooms can ask such questions and collect that data. They have chosen not to do so, yet there is no legal prohibition from doing it. It is also common for indigents, including illegal aliens, to be treated for other ailments after being admitted for an emergency condition. To the extent that Tennessee and Hamblen County taxpayers are required to provide indigent health care in local hospitals, citizens have a right to know the scope and cost of this public expenditure.
County jails across the country incur costs for incarceration of illegal aliens convicted of crime or awaiting trial, yet few jails report that data and that cost to the public. Jail administrators can determine immigration status of inmates by asking assistance from the local Immigration and Customs Enforcement (ICE) office, and can ask that identified illegal aliens be placed on "immigration hold" to face deportation proceedings when their jail terms end. Many counties currently receive federal reimbursement of incarceration costs through the U.S. Department of Justice's State Criminal Alien Assistance Program (SCAAP), but studies have shown that the amount of reimbursement is only about 25% of the true costs of incarceration. For example, in 2004 the State of Tennessee penal
----------------------------------------------------------------------------------------------------------------------------------
Chairman Joe Spoone October 6, 2005
Page Two
system received $238,789 in SCAAP funds, but the actual cost was closer to $1 million. This means the taxpayers of Tennessee paid at least $700,000 to incarcerate illegal aliens in the state prison system alone, not counting the costs in local jails. The federal grant formula is based on a percentage of correctional staff salaries and does not take into account the costs of food, recreation, health, transportation, capital investment, or the cost of judicial proceedings and law enforcement.
Consider the following facts about illegal alien crime:
o In Los Angeles County; California, in 2002, a study by the county sheriff revealed that over 24% of the
inmates in the jail were illegal aliens, and many localities across America now have percentages in the
range of 10% or higher.
o A study by my office of the in Denver, Colorado city-county jail revealed that fewer than 15% of the illegal
alien inmates in 2004 had been deported. The remaining 85% were released back into the community.
o Another study showed that the typical illegal alien deported for criminal activity in 2002 had committed
seven crimes.
o The state penal system in Tennessee received federal SCAAP reimbursement payments in 2004 for
incarcerating nearly 200 illegal alien felons, but only 41 felons were deported that year.
Has anyone investigated to find out the comparable numbers in Hamblen County? The faster criminal aliens can be identified and removed through deportation, the more savings accrue to taxpayers—in dollar terms and in reduced crime.
The commissioners in Canyon County, Idaho sent a bill for medical costs to the Mexican government, because the Mexican government officially encourages and condones illegal entry into the U.S. The governor of Arizona sent a bill to the federal government this year for the full costs of incarceration of all illegal aliens in jails across the state.
I hope Hamblen County will seek to identify such costs, will share this information with its citizens, and then will seek recovery of those costs in some appropriate manner. I also hope you will join Tennessee citizens in petitioning Congress to halt illegal immigration by establishing secure borders.
Sincerely,
Tom Tancredo
Member of Congress
Chairman, Congressional Immigration Reform Caucus
CC: All Hamblen County Commissioners
County Mayor Dave Purkey
Rep. William Jenkins
Sunday, October 09, 2005
October 10, 2005 Illegal Immigration Resolution
HAMBLEN COUNTY COMMISSION RESOLUTION
This is a copy of the information provided to all Hamblen County Commissioners at the October 10th meeting of the Public Services Committee regarding estimated costs incurred by the county in 2002-2003 and 2003-2004 in relation to the education of illegal immigrant students.
The parts that will be sent to the U. S. Government (Senator Bill Frist and Senator Lamar Alexander and Congressman Bill Jenkins of Tennessee and others) are:
A. The Resolution
C. Itemized Costs.
Sections B,D,E, and F provide background information, data on additional costs, commentary on statements that have previously been made in opposition to the proposal, and figures that were requested of the Hamblen County Board of Education by Commissioner Tom Lowe.
NOTE: Some of the information in the resolution was in a column format but may not appear in columns within this text. Hopefully, any information that was in a column format can be understood regardless.
------------------------------------------------------------------------------------------------------------------------------------
“Send the ‘illegal immigration education’ bill to the US Government”
Contents:
A. Resolution
B. Background & Objective
C. Itemized Costs
D. Costs Recognized but not Included
E. Commentary
F. Appendix: Figures Requested of HCBOE
Submitted by Commissioner Tom Lowe
October, 2005
A. RESOLUTION
Whereas.....1. Hamblen County school expenses routinely exceed revenues, largely due to costs arising from education services rendered to students whose enrollment in Hamblen County schools is due to illegal immigration.
Whereas.....2. School enrollment data reveals the majority of students produced by illegal immigration are illegal aliens, unlawfully present in the United States.
Whereas.....3. Supreme Court case law in Plyler v. Doe requires Hamblen County to provide education services to all students whether their U.S. presence is lawful or unlawful.
Whereas…..4. Federal mandates requiring county payment for educational services to students in Hamblen County due to illegal immigration has precluded other county services, staff pay and benefits, as well as needed capital repair and maintenance.
Whereas......5. Local police departments receive federal reimbursement for the cost of arresting and jailing illegal aliens under the Department of Justice State Criminal Alien Assistance Program (SCAAP), requiring law enforcement to establish that the prisoner is an illegal alien.
Whereas......6. State prisons receive federal reimbursement for long-term incarceration of sentenced illegal alien prisoners, also requiring that the prisoner be identified as an illegal alien.
Whereas......7. Hospitals may obtain federal reimbursement of illegal aliens’ medical costs after establishing the patient’s illegal alien status.
Be It Resolved...That the Hamblen County Commission will send an invoice to the United States Government for educational costs due to illegal immigration, similar in principle to current reimbursement practices of local police, state prisons and hospitals.
Itemized costs are based on figures already submitted, accepted and paid by the Tennessee Dept of Education for services rendered during the school years 2002-03 and 2003-04. Student counts will be taken from enrollment in Title 1, Part C Migrant Education Program, because the occupations qualifying a “migrant” student (agriculture, migratory, temporary or seasonal agricultural workers, migratory dairy workers, fishing or migratory, temporary or seasonal fishing (8)) are routinely identified by government officials as performed by illegal aliens because “they do the jobs Americans won’t do.”
In addition to the calculated local contribution to the established PPE (Per Pupil Expenditure) will be included costs of operating two federal programs: (a) Title 1, Part C Migrant Education Program and
(b) Title III, English as a Second Language
Only costs of programs directly resulting from students enrolled in Hamblen County Schools as a result of illegal immigration will be included. An example is the free breakfast & free lunch program. Many “illegal immigration” students are on the free meal program but can’t be distinguished from other students. For that reason, the costs of such programs won’t be included in this resolution and invoice.
Sections A & C (Resolution and Itemized Cost Statement), itemized by year and based on Tennessee DOE figures, will be sent to Washington DC offices of our federal legislators: Senator Bill Frist, Senator Lamar Alexander and Congressman Bill Jenkins.
B. BACKGROUND & OBJECTIVE
BACKGROUND. As with other U.S. local governments, illegal immigration has been disastrous to Hamblen County’s finances, especially with education costs.
One indicator of “illegal immigration” is the count of “English-Language Learner” and Migrant students:
Year---Migrant(ii)---ELL (i)---ELL/Hispanic---Hispanic Only (i)----All (i)
99-00------------------193-----------71%-------------272 (3.0%)--------9,015
00-01----198----------275----------71%-------------385 (4.2%)---------9,121
01-02--- 200----------253----------55%-------------458 (5.0%)---------8,995
02-03--- 503----------355----------54%-------------659 (6.9%)---------9,602
03-04--- 973 (iii)-----496----------65%-------------760 (7.8%)---------9,729
04-05--- 744 (iii)----563 (ii) 300% increase in 5 years!
05-06--- 650 (ii) Projected
Nor does the growth show any sign of abating; the expected 2006 number shows a 15.5% increase over 2005!
Both commissioners and citizens dislike increasing property taxes, especially with current citizen resistance and objections to illegal immigration. Other solutions must be found, and public awareness followed by public discussion and debate will begin the process.
Sadly, Hamblen County not only hasn’t searched for solutions, some commissioners still pretend there is no problem. The result is that law enforcement agencies have a federal program (SCAAP) to recover at least a portion of their “illegal immigration” costs and a recent “one-time” appropriation was made for reimbursement of states’ medical care to illegal aliens. In comparison, school systems have no opportunity for federal reimbursement of their illegal immigration costs.
OBJECTIVE. Changes in public policy and public law occur when elected representatives hear from citizens, best expressed by the old adage “the squeaky wheel gets the grease.” Law enforcement and hospitals have “squeaked” while funders of school systems have not. To the irritation of local property owners and parents, they’ve quietly passed “illegal immigration” costs to local taxpayers.
So long as Hamblen County Commissioners continue to sit quietly, nothing will change—“illegal immigration costs” will continue to increase, no new solutions will be found (or even sought), and taxpayers and parents will become increasingly furious at the commission’s inaction.
By passing and sending the resolution to our federal elected legislators, we hope to effect public policy changes. By drawing public attention to the issue, public awareness and support for policy changes will increase. Including associated costs emphasizes the need for action.
The solution proposed in the resolution is reimbursement of “illegal immigration” education costs (for years 2002-03 and 2003-04) from the federal government whose failure to stop illegal immigration has produced the excess costs, similar to what’s currently done with law enforcement and hospitals.
Will a phone call from a federal official tell us “the check’s in the mail?” We won’t know until we try; there’s no guarantee.
Our only guarantee is what we already know to be the result of continued inaction--continued rising local costs, continued pressure for tax increases, and increased taxpayer and parent complaints. A recent newspaper quote will be recycled with each new school budget: “The school district is asking for $1.2 million in new local funding this year.”(iv) Schools’ incessant demands for “more money, more money” has become
automatic; only the numbers vary from year to year.
C. ITEMIZED COST STATEMENT
PPE = Per Pupil Expenditure
Hamblen County Direct Contribution (6)
For consideration with the “Itemized Costs” section, the following figures were requested of Supt. Dale Lynch on Friday, September 15. As of Thursday, October 6, the information remains undelivered with no commitment of an actual delivery date.
Administrative costs of the Migrant Student program, listing separately each staff position title, salary range and benefits package. This should include but not be limited to:
a. Gail Rice (or equivalent staff position), supervisor of the HCBOE migrant program and the percentage of her time allocated to the Migrant Student program.
b. Juan Cervantes, Migrant Coordinator (or equivalent staff position)
c. 3 Part-time Migrant teachers (as stated on the HCBOE website)
d. The state DOE website mentions "Kimberly Fox." What is her function, position, title, and salary range for the three mentioned years?
Administrative costs of the ELL program, listing separately each staff position title, salary range and benefits package. This should include but not be limited to:
a. Brenda Dean (or equivalent staff position), overseer of HCBOE’s ELL program and the percentage of time allocated to ELL.
b. Each ELL teacher and percentage of time allocated to ELL
Although these two programs receive federal grants earmarked for ELL and/or Migrant Education, federal administrators for both ELL and Migrant Education report these grants are often supplemented by “local money.” They are the best source of whether that’s true in Hamblen County is the local school district. (13, 14) -----------------------------------------------------------------------------------------
…from Sandra Miller, Phoenix, AZ (assisting Commissioner Lowe)
Dollar figures for administering both the ELL and Migrant programs were requested by Commissioner Lowe of Supt. Dale Lynch on Friday, Sept 15, providing Lynch with a custom-prepared 1-page form upon which requested data could be written. Commissioner Lowe asked that the completed information be returned on or before Friday, September 30.
When figures provided to Commissioner Lowe on 9/23 were found to be incomplete and largely irrelevant to this resolution, Commissioner Lowe’s vacation led me to tackle the task of obtaining them on his behalf. A revised form (F-Appendix) was e-mailed to Dr. Lynch on Tuesday, Sept. 27 (with an e-mail copy to his secretary to avoid the “spam-blocker” that hindered Lowe’s initial e-mail transmittal), even the secretary didn’t receive it. Upon learning two days later (Thursday, Sept. 29) from Dr. Lynch that he isn’t receiving e-mail, the form was faxed to him that afternoon. On the same fax, I suggested that he ask HCBOE Information Systems staff to scan his completed form and send it to me by attaching to an e-mail.
Hoping to enable easier delivery for Dr. Lynch, a fax was sent to Dr. Lynch the following Monday (October 3) suggesting that he send the requested and completed information to Commissioner Noe and provided her fax number. Two days later (Wedneday, October 5) Lynch’s secretary Ava Goforth phoned me asking for my fax number; upon learning that I don’t have “receive” capability, asked for my mailing address in Arizona. She was evasive when I asked whether she can send/receive e-mail, as well as to my question of “what is Dr. Lynch sending me?” Only when I repeated the question three times (“Does the ‘response’ consist of the information requested?” did she finally admit that the “response” didn’t include the requested information but only stated that Dr. Lynch would not accept my request to fax to a “third party” (that they consider Commissioner Noe a “third-party” is mind-boggling).
Preliminary figures for the ELL program alone indicate costs of over $600,000. When (or perhaps if) dollar figures initially requested of Dr. Lynch on September 15 actually arrive, they may reveal increased “illegal immigration” cost amounts due to local contributions to these programs.
To avoid similar delays, the Migrant Education and ELL Education departments of Tennessee and the US Dept of Education were consulted instead of the HCBOE, although HCBOE seems to be the only source for local dollar figures.
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D. COSTS RECOGNIZED ALTHOUGH NOT INCLUDED.
Figures listed above obviously don’t represent total “illegal immigration education” costs to Hamblen County schools, only the obvious ones identified by non-education “laymen.” They’re likely a “tip of the iceberg” representation that emphasizes the need for further study with collected figures clearly identifying students associated with illegal immigration.
Having stated that, even the cursory figures are daunting. The “illegal immigration” costs equal or double the $1.2 million funding increase requested for the current school year!
Although other programs beside those itemized are affected, the costs from “illegal immigration students” aren’t distinguishable from conventional student participants. These programs are mentioned in this section to increase public awareness of the pervasive effect of illegal immigration costs on the US public school system.
a. Free breakfast and free lunches for “illegal immigration” students (mentioned earlier). One parent shared the comments of his children's elementary school principal that all Hispanic students at that particular school receive free breakfast and free lunches. While “Hispanic” isn’t necessarily a one-to-one translation to “illegal alien,” the correlation is undeniable. That same principal certainly didn’t mention having every student of other ethnic groups (Anglo, Asian, etc) in such programs!
b. Administrative and Maintenance costs for at least 2 additional schools to accommodate the 503 or 973 “illegal immigration” students. PPE (Per Pupil Expenditure) amount on the report card is based on the total actual expenditures (including all personnel salaries) of each school system divided by the average number of students in attendance at the system. (9)
Based on 2002-03 school populations (4), at least 2 elementary schools are required to accommodate the number of “illegal immigration” students. By removing from the HC schools’ equation only the elementary “illegal immigration students,” 2 (or more) elementary schools may not be needed:
(i) Report Card, Tennessee DOE website http://www.state.tn.us/education/rptcrd00/index.html
(ii) “Hamblen County Measure of Success Report;” Students Served ELL, Ricky Bruce, Education Committee, January 25, 2005
(iii) Final Yearly Count, Migrant Education Consultant, TNDOE
(iv) Morristown Citizen-Tribune, “Battle Lines Drawn in fight for school funding,” July 14, 2005
(v) Non-Illegal Immigrant Students (Non-II) = Total Students = Migrant Students
(1) “Hamblen County—Measure of Success Report,” Students Served Migrant, Ricky Bruce, Education Committee, January 25, 2005
(2) “A look at the Hamblen Co. Hispanic population,” Morristown Citizen Tribune, July 6, 2005
(3) HCBOE website & e-mail from Dr. Dale Lynch dated September 24, 2005
(4) School population, Tennessee DOE website http://www.state.tn.us/education/
(5) Annual Statistical Report, Average Salary, 2003-04, Tennessee DOE website: http://www.state.tn.us/education/mrptarchive.htm
(6) Report Card; Finance, Tennessee Doe website http://www.state.tn.us/education/
(7) Statistics delivered by Dr. Dale Lynch, September 23 2005
(8) Federal Programs: Title I, Part C-Migrant Education, Tennessee DOE website, http://www.state.tn.us/education/
(9) Director, Local Finance, TN State Dept of Education, Nashville, TN
(10) “Hamblen County—Measure of Success Report,” Financial Summary—Benefits Plan, Ricky Bruce, Education Committee, January 25, 2005
(11) Final Yearly Count, Migrant Education Consultant, TNDOE
Note: to qualify as ‘migrant,’ students must have moved alone, with or to join a parent, spouse or guardian who has moved to obtain work in agriculture, fishing, temporary or seasonal employment.
(12) Tennessee Code Title 49, Chapter 1-104, weighted mean of specified average class sizes.
(13) Regional Coordinator, Office of Migrant Education, US Dept of Education, Washington DC
(14) Title III Program Director, TNDOE
E. COMMENTARY. This section presents and rebuts arguments against the resolution, usually from those who favor illegal immigration for a variety of reasons.
(1) Voting NO or TABLE. There’s no “neutral position” on this resolution. Those who vote NO reveal that they want to continue allowing the federal executive branch to refuse their responsibility of stopping illegal immigration while continuing to shift the costs to local taxpayers. The same is true of those voting to TABLE in the hope of evading an unpopular decision. Tabling the matter also allows the current problem to continue and intensify.
(2) “Political Posturing.” "Reluctants" have labeled the resolution "political posturing" because supporters acknowledge their primary objective is increased awareness and public scrutiny of the issue with actual collection of money a secondary objective. Actually receiving a check would be nice, but it’s recognized as a secondary objective.
What a detractor calls "political posturing" supporters call "stepping up to the plate." Dismissing the resolution as "political posturing' is similar to accusing those who oppose illegal immigration of racism by those who can't destroy the message so instead try to destroy the messenger.
(3) Primary / Secondary costs of illegal immigration. The resolution and itemized costs refer to “students in Hamblen county schools due to illegal immigration” whether or not the students themselves are illegal aliens or children of illegal aliens born in the US (known as “anchor babies”). Had the US federal government fulfilled its Constitutional obligations in Article IV, Section IV, stopped illegal immigration and closed the borders, neither group of students would be enrolled in Hamblen County schools.
That “anchor babies” are a secondary rather than a primary cost of illegal immigration doesn’t change an undeniable fact: had illegal immigration into the US not been so easy, the parents wouldn’t have been present in the US to give birth to these “anchor babies.”
For this resolution, both illegal alien students and “anchor babies” are included in “illegal immigration” students. Should the Hamblen County Commission be able to collect accurate figures of the immigration status of enrolled students and their parents, it will be important that the figures include these “anchor babies.”
(4) “The issue has become ‘political.’ ” Some fear the illegal immigration issue will produce violence similar to that of the 1960s. One commissioner says that despite his recognizing the validity of citizens’ complaints, he’ll vote NO because “it’s become political.”
Let’s review what happened during those ‘violent 60s’:
American citizens had legitimate complaints about inequitable or non-enforcement of laws.
When these American citizens approached their elected representatives to correct the inequity, those officials refused to hear, much less resolve, the valid complaints of black citizens.
Their repeated attempts to “petition for redress of grievances” as guaranteed by the First Amendment didn’t work. In effect, their elected representatives voted NO.
They tried going through the local system as law-abiding citizens, but when they found the local system hostile and unresponsive, civil disobedience to draw national attention was their only remaining option.
Although they intended to achieve their “awareness” goal by non-violent means, eruptions were almost inevitable as the same “deaf” representatives continued to deny their rights as citizens.
National awareness of the injustice generated corrective action by the federal government. Had local government addressed and resolved the problem, there would have been no need for help from “outsiders.” Citizens exercising their First Amendment rights of “redress of grievances” are entitled to use any assistance legally available.
Now let’s look at today that Commissioner Alvis presumably remembers:
American citizens want consistent enforcement of all laws on the books (including immigration laws), and object to enforcement of laws against them while illegal aliens are allowed to violate any laws they choose with no consequences.
When these same American citizens ask their elected representatives to insure uniform enforcement of laws on the books, those officials refuse to hear, much less correct, the valid complaints of these American citizens. The August 22 response of Mayor Gary Johnson to Tom Duthie is typical:
Sergeant Major Duthie,
The City of Morristown or our Police Department have no jurisdiction as regards United States immigration laws, including those “that already exist.”
Until such time that the US Government decides to deal with the situations you speak of, little will change.
Sincerely,
Mayor Gary R. Johnson
When these same American citizens participated in a July rally, it was peaceful; the only problems were created by those supporting illegal aliens.
Another typical response to objections of these American citizens is Mayor Johnson’s August 13 “show of overwhelming force.” Because they recognized attempts by local officials to portray their attempts as “infiltrated by hate groups,” they intentionally absented themselves from Mayor Johnson’s staged “show of overwhelming force.”
Although sympathetic to citizens’ stated “petition for redress of grievances,” one commissioner expresses his intention to vote NO.
Federal refusal to end illegal immigration has produced “national awareness” of the impact to local governments and its citizens. Will local government AGAIN ignore its responsibility to address the grievances of its citizens? Just as in the 1960s, had government fulfilled their responsibility, there would have been no need for aggrieved citizens to seek help from “outsiders.” Citizens exercising their First Amendment rights of “redress of grievances” are entitled to use any assistance legally available.
It’s been said that “Insanity is doing the same things the same way and expecting a different outcome."
Does anyone think to avoid a repetition of 1960s violence by mimicking the behavior of 1960s unresponsive elected representatives? The apparent hope is that by ignoring citizens’ valid complaints long enough, they’ll stop complaining and “live with it.” Aside from shirking his obligation to serve citizens’ interests, he exacerbates already existing ill will and increasing citizens’ frustration and potential for violence.
If elected representatives are so fearful of duplicating “the 1960s violence,” why do they repeat behavior that led to conditions that produced them?
(5) “The figures aren’t exact.” One or two commissioners have cited “reluctance” to pass the resolution because "the figures aren't exact." Actually, the student count figures are not only precise but have already been submitted by HCBOE as well as validated and paid by the Tennessee Dept of Education.
What the “reluctants” REALLY mean is there’s no assurance that 100% of students in the English Language-Learners can be directly traced to illegal immigration.
It’s for exactly that reason that Migrant Education participation was substituted. That eligibility as a “migrant” student requires association with occupations routinely identified by government officials as “we need illegal aliens for this work because they’re jobs Americans won’t do” is a custom-made synonym for illegal immigration. The Migrant Education program defines these occupations as agriculture, migratory, temporary or seasonal agricultural workers, migratory dairy workers, fishing or migratory, temporary or seasonal fishermen (8).
Establishing accurate counts of students associated with illegal immigration would be an obvious solution for figures claimed as “not exact,” but that’s unlikely to happen. School administrators who would oversee collection of such numbers are notoriously resistant and repeatedly non-responsive and evasive, as experienced with this resolution. Considering the non-cooperation that would result, it’s obvious that the figures currently available are as accurate as they’re ever likely to be. Even "accurate figures" supplied by HCBOE aren't totally dependable.
For example, during the June/July school budget process for the current year, the commission received two "Actual" costs for the same item--Migrant Education program for the school year 2003-2004.
On the Federal Budget Summary, "actual" Title C budget: $53,496.00
On the 2-page Actual/Budget History for Title C (2001-2006): $39,565.58
A difference of $13,930.42 is hardly "pocket change."
Another example appeared on the same Title I C Actual/Budget History in the amounts budgeted for Social Security and Medicare. Accuracy of these two should be "no-brainers" (maximum of 1.45% for Medicare and 6.2% for FICA). The 2005-2006 budget wages compared to the previous year (2004-2005) show a decrease in base wages yet an increase in Medicare and FICA dollar amounts! Moreover, the FICA deduction for 2005-2006 is shown as 10% of budgeted wages (rather than a maximum of 6.2%) and the Medicare deduction for 2005-2006 is shown as 2.3% of budgeted wages (rather than a mamimum of 1.45%), an all-too-obvious error.
The two examples above beg the question of how to identify which of the two figures are "ready for prime time" when the primary information source submits two different dollar costs for the same expense.
In the matter of information-gathering, when educational administrators are asked for specific numbers of illegal alien students in their schools, they repeatedly insist "we don't ask if students are illegal because federal law prohibits it." Yet an 8/28 e-mail inquiry (and 9/13 follow-up) to Hamblen County Schools Superintendent Dale Lynch asking for the exact law/policy/code containing that prohibition that he's repeatedly cited remains unanswered. Similar inquiries of Gail Rice regarding her similar claims also remain unanswered. Both have proven to be very quick to make the claim but won’t even acknowledge requests for substantiation.
In contrast, replies from experts at both Center for Immigration Studies and Federation for American Immigration Reform (FAIR) contradict both Dr. Lynch and Ms. Rice.
To the question: “Is there really a federal law that forbids asking or recording the immigration status of K-12 students? Or perhaps a written policy or procedure BASED on interpretation of the law?” they answered:
From Leah Durant, staff attorney at FAIR, Washington, DC:
"As for your question about whether school districts are prohibited from reporting the immigration status of their students, it appears that Federal law does not explicitly prohibit schools from gathering and reporting such data. As a matter of fact, other Federal laws (such as 8 U.S.C. section 1373) provide that state or local governments may NOT prohibit voluntary reporting to ICE, and further provide that those persons / agencies which enact policies to restrict their employees from voluntary cooperation are subject to fines, imprisonment or both. In the wake of Plyer however, many school districts have initiated such policies in an attempt to avoid possible law suits from pro-illegal alien groups."
=====================================================
From Mark Krikorian, Center for Immigration Studies, Washington, DC:
"No. The Supreme Court has ruled that until Congress says otherwise, localities have to educate illegal-alien children, but not that they can't ask. In fact, there are rules for kids attending high school who aren't legal permanent residents (i.e., on some kind of student visa), so some schools are asking."
As stated in the Objective section, this resolution’s purpose is to effect changes in public policy and/or public law by public discussion of the issue and its apparent costs. Current public debate and examination of the immigration issue (both legal and illegal) demands accurate information for decision-making. Regardless of how “not exact” anyone may claim accompanying figures are, none will deny that exact figures of students associated with illegal immigration aren’t currently available. It’s not a case of locating exact figures, because exact figures SIMPLY DON’T EXIST. Indeed, public officials have effected de facto policies to BLOCK collection of such figures on the insistence that “they don’t matter.”
Review of “best available” facts that direct public attention to apparent costs may be the next step to collecting better and/or different data. Any needed public policy changes WON’T HAPPEN UNLESS CALLS FOR CHANGES ARE HEARD (with this resolution being one of those calls)! Citizens are calling for those changes, and local officials should be next to “step up to the plate.” County commissioners who hear the calls and then hinder public attention and/or information-gathering are obstructing the process, whether they’re educational bureaucrats or elected officials. They’re making it clear to citizens that they want the current inequities to remain just as they are.
Local governments would do well to insist on collection of accurate figures for review. That school staff are quick to hide behind apparently nonexistent “federal laws” or use the 'race-card excuse' ("we educate all students regardless of race, religion, nationality or ethnicity") makes it clear that educational bureaucrats have helped created the problem and want to continue blocking public access to the facts. These same educational bureaucrats want the public to remain unaware that “illegal immigration students” offer the opportunity for obtaining more money for ever-increasing educational budgets.
Opposition to illegal immigration is an issue of law-compliance; playing the race card won't quash the public debate.
F. APPENDIX: Figures Requested of HCBOE. After initially receiving a similar “fill-in-the-blanks” form from Tom Lowe on Monday, September 19, Dr. Lynch called Commissioner Lowe to provide the requested information in a meeting on Friday, September 23. After review of the information provided in the meeting was largely irrelevant to what was requested, a second revised form (below) was provided to Dr. Lynch to more clearly specify what we wanted and make his reporting easier. The form was send on Tuesday, September 27 and again on Thursday, September 29. As of submitting this document for the agenda on Wednesday, October 5, the information was still outstanding.
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PLEASE PROVIDE ACCURATELY AND COMPLETELY THE ITEMS INDICATED
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Numbers followed by a “?” were provided to Tom Lowe; we’d like to verify that numbers indicated are correct.
(1) Number of Students in the ELL program 2004-05 ___653?__________
(2) Per Pupil Expenditure and federal, state, local distribution for 2004-05.
PPE: $________________
Federal: ________________%
State: _________________%
Local: _________________%
(3) Cost of Salaries and Administration of the Migrant Student program, listing separately each staff position title, salary range and benefits package. This should include but not be limited to:
a. Gail Rice (or equivalent staff position), supervisor of the HCBOE migrant program.
What percentage of her time is allocated to the Migrant Student program? ___
b. Juan Cervantes, Migrant Coordinator
c. 3 Part-time Migrant teachers (as stated on the HCBOE website)
d. Also, the state DOE website mentions "Kimberly Fox." This person wasn’t mentioned to Tom Lowe--what is her function, position title and salary range for the three mentioned years?
(4) Cost of Salaries and Administration of the ELL program, listing separately each staff position title, salary range and benefits package. This should include but not be limited to:
a. Dr. Brenda Dean (or equivalent staff member), who oversees the English Language Learning program in Hamblen County **
What percentage of her time is allocated to the ELL program? _________
b. Each ELL teacher and percentage of time allocated to ELL
8 ELL teachers @ up to $55,000?_________________
3 Teacher Assistants @ $27,000?_________________
(5) Cost of benefits package for each staff position involved in administration of the ELL and Migrant programs.
2002-03: $ ___________
2003-04: $ 8607.73?___
2004-05: $ ___________
This is a copy of the information provided to all Hamblen County Commissioners at the October 10th meeting of the Public Services Committee regarding estimated costs incurred by the county in 2002-2003 and 2003-2004 in relation to the education of illegal immigrant students.
The parts that will be sent to the U. S. Government (Senator Bill Frist and Senator Lamar Alexander and Congressman Bill Jenkins of Tennessee and others) are:
A. The Resolution
C. Itemized Costs.
Sections B,D,E, and F provide background information, data on additional costs, commentary on statements that have previously been made in opposition to the proposal, and figures that were requested of the Hamblen County Board of Education by Commissioner Tom Lowe.
NOTE: Some of the information in the resolution was in a column format but may not appear in columns within this text. Hopefully, any information that was in a column format can be understood regardless.
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“Send the ‘illegal immigration education’ bill to the US Government”
Contents:
A. Resolution
B. Background & Objective
C. Itemized Costs
D. Costs Recognized but not Included
E. Commentary
F. Appendix: Figures Requested of HCBOE
Submitted by Commissioner Tom Lowe
October, 2005
A. RESOLUTION
Whereas.....1. Hamblen County school expenses routinely exceed revenues, largely due to costs arising from education services rendered to students whose enrollment in Hamblen County schools is due to illegal immigration.
Whereas.....2. School enrollment data reveals the majority of students produced by illegal immigration are illegal aliens, unlawfully present in the United States.
Whereas.....3. Supreme Court case law in Plyler v. Doe requires Hamblen County to provide education services to all students whether their U.S. presence is lawful or unlawful.
Whereas…..4. Federal mandates requiring county payment for educational services to students in Hamblen County due to illegal immigration has precluded other county services, staff pay and benefits, as well as needed capital repair and maintenance.
Whereas......5. Local police departments receive federal reimbursement for the cost of arresting and jailing illegal aliens under the Department of Justice State Criminal Alien Assistance Program (SCAAP), requiring law enforcement to establish that the prisoner is an illegal alien.
Whereas......6. State prisons receive federal reimbursement for long-term incarceration of sentenced illegal alien prisoners, also requiring that the prisoner be identified as an illegal alien.
Whereas......7. Hospitals may obtain federal reimbursement of illegal aliens’ medical costs after establishing the patient’s illegal alien status.
Be It Resolved...That the Hamblen County Commission will send an invoice to the United States Government for educational costs due to illegal immigration, similar in principle to current reimbursement practices of local police, state prisons and hospitals.
Itemized costs are based on figures already submitted, accepted and paid by the Tennessee Dept of Education for services rendered during the school years 2002-03 and 2003-04. Student counts will be taken from enrollment in Title 1, Part C Migrant Education Program, because the occupations qualifying a “migrant” student (agriculture, migratory, temporary or seasonal agricultural workers, migratory dairy workers, fishing or migratory, temporary or seasonal fishing (8)) are routinely identified by government officials as performed by illegal aliens because “they do the jobs Americans won’t do.”
In addition to the calculated local contribution to the established PPE (Per Pupil Expenditure) will be included costs of operating two federal programs: (a) Title 1, Part C Migrant Education Program and
(b) Title III, English as a Second Language
Only costs of programs directly resulting from students enrolled in Hamblen County Schools as a result of illegal immigration will be included. An example is the free breakfast & free lunch program. Many “illegal immigration” students are on the free meal program but can’t be distinguished from other students. For that reason, the costs of such programs won’t be included in this resolution and invoice.
Sections A & C (Resolution and Itemized Cost Statement), itemized by year and based on Tennessee DOE figures, will be sent to Washington DC offices of our federal legislators: Senator Bill Frist, Senator Lamar Alexander and Congressman Bill Jenkins.
B. BACKGROUND & OBJECTIVE
BACKGROUND. As with other U.S. local governments, illegal immigration has been disastrous to Hamblen County’s finances, especially with education costs.
One indicator of “illegal immigration” is the count of “English-Language Learner” and Migrant students:
Year---Migrant(ii)---ELL (i)---ELL/Hispanic---Hispanic Only (i)----All (i)
99-00------------------193-----------71%-------------272 (3.0%)--------9,015
00-01----198----------275----------71%-------------385 (4.2%)---------9,121
01-02--- 200----------253----------55%-------------458 (5.0%)---------8,995
02-03--- 503----------355----------54%-------------659 (6.9%)---------9,602
03-04--- 973 (iii)-----496----------65%-------------760 (7.8%)---------9,729
04-05--- 744 (iii)----563 (ii) 300% increase in 5 years!
05-06--- 650 (ii) Projected
Nor does the growth show any sign of abating; the expected 2006 number shows a 15.5% increase over 2005!
Both commissioners and citizens dislike increasing property taxes, especially with current citizen resistance and objections to illegal immigration. Other solutions must be found, and public awareness followed by public discussion and debate will begin the process.
Sadly, Hamblen County not only hasn’t searched for solutions, some commissioners still pretend there is no problem. The result is that law enforcement agencies have a federal program (SCAAP) to recover at least a portion of their “illegal immigration” costs and a recent “one-time” appropriation was made for reimbursement of states’ medical care to illegal aliens. In comparison, school systems have no opportunity for federal reimbursement of their illegal immigration costs.
OBJECTIVE. Changes in public policy and public law occur when elected representatives hear from citizens, best expressed by the old adage “the squeaky wheel gets the grease.” Law enforcement and hospitals have “squeaked” while funders of school systems have not. To the irritation of local property owners and parents, they’ve quietly passed “illegal immigration” costs to local taxpayers.
So long as Hamblen County Commissioners continue to sit quietly, nothing will change—“illegal immigration costs” will continue to increase, no new solutions will be found (or even sought), and taxpayers and parents will become increasingly furious at the commission’s inaction.
By passing and sending the resolution to our federal elected legislators, we hope to effect public policy changes. By drawing public attention to the issue, public awareness and support for policy changes will increase. Including associated costs emphasizes the need for action.
The solution proposed in the resolution is reimbursement of “illegal immigration” education costs (for years 2002-03 and 2003-04) from the federal government whose failure to stop illegal immigration has produced the excess costs, similar to what’s currently done with law enforcement and hospitals.
Will a phone call from a federal official tell us “the check’s in the mail?” We won’t know until we try; there’s no guarantee.
Our only guarantee is what we already know to be the result of continued inaction--continued rising local costs, continued pressure for tax increases, and increased taxpayer and parent complaints. A recent newspaper quote will be recycled with each new school budget: “The school district is asking for $1.2 million in new local funding this year.”(iv) Schools’ incessant demands for “more money, more money” has become
automatic; only the numbers vary from year to year.
C. ITEMIZED COST STATEMENT
PPE = Per Pupil Expenditure
Hamblen County Direct Contribution (6)
- School Year 2002-03 (PPE = $6369) 44.7% of PPE Total
- Migrant Count (1)--------503 x $ 2,847----------------------- $1,432,041
- School Year 2003-04 (PPE = $6448) 43.8% of PPE Total
- Migrant Population (11)-973 x $ 2,824---------------------- $2,747,752
- Total Selected Hamblen County Direct Costs----------- $ 4,179,793
For consideration with the “Itemized Costs” section, the following figures were requested of Supt. Dale Lynch on Friday, September 15. As of Thursday, October 6, the information remains undelivered with no commitment of an actual delivery date.
Administrative costs of the Migrant Student program, listing separately each staff position title, salary range and benefits package. This should include but not be limited to:
a. Gail Rice (or equivalent staff position), supervisor of the HCBOE migrant program and the percentage of her time allocated to the Migrant Student program.
b. Juan Cervantes, Migrant Coordinator (or equivalent staff position)
c. 3 Part-time Migrant teachers (as stated on the HCBOE website)
d. The state DOE website mentions "Kimberly Fox." What is her function, position, title, and salary range for the three mentioned years?
Administrative costs of the ELL program, listing separately each staff position title, salary range and benefits package. This should include but not be limited to:
a. Brenda Dean (or equivalent staff position), overseer of HCBOE’s ELL program and the percentage of time allocated to ELL.
b. Each ELL teacher and percentage of time allocated to ELL
Although these two programs receive federal grants earmarked for ELL and/or Migrant Education, federal administrators for both ELL and Migrant Education report these grants are often supplemented by “local money.” They are the best source of whether that’s true in Hamblen County is the local school district. (13, 14) -----------------------------------------------------------------------------------------
…from Sandra Miller, Phoenix, AZ (assisting Commissioner Lowe)
Dollar figures for administering both the ELL and Migrant programs were requested by Commissioner Lowe of Supt. Dale Lynch on Friday, Sept 15, providing Lynch with a custom-prepared 1-page form upon which requested data could be written. Commissioner Lowe asked that the completed information be returned on or before Friday, September 30.
When figures provided to Commissioner Lowe on 9/23 were found to be incomplete and largely irrelevant to this resolution, Commissioner Lowe’s vacation led me to tackle the task of obtaining them on his behalf. A revised form (F-Appendix) was e-mailed to Dr. Lynch on Tuesday, Sept. 27 (with an e-mail copy to his secretary to avoid the “spam-blocker” that hindered Lowe’s initial e-mail transmittal), even the secretary didn’t receive it. Upon learning two days later (Thursday, Sept. 29) from Dr. Lynch that he isn’t receiving e-mail, the form was faxed to him that afternoon. On the same fax, I suggested that he ask HCBOE Information Systems staff to scan his completed form and send it to me by attaching to an e-mail.
Hoping to enable easier delivery for Dr. Lynch, a fax was sent to Dr. Lynch the following Monday (October 3) suggesting that he send the requested and completed information to Commissioner Noe and provided her fax number. Two days later (Wedneday, October 5) Lynch’s secretary Ava Goforth phoned me asking for my fax number; upon learning that I don’t have “receive” capability, asked for my mailing address in Arizona. She was evasive when I asked whether she can send/receive e-mail, as well as to my question of “what is Dr. Lynch sending me?” Only when I repeated the question three times (“Does the ‘response’ consist of the information requested?” did she finally admit that the “response” didn’t include the requested information but only stated that Dr. Lynch would not accept my request to fax to a “third party” (that they consider Commissioner Noe a “third-party” is mind-boggling).
Preliminary figures for the ELL program alone indicate costs of over $600,000. When (or perhaps if) dollar figures initially requested of Dr. Lynch on September 15 actually arrive, they may reveal increased “illegal immigration” cost amounts due to local contributions to these programs.
To avoid similar delays, the Migrant Education and ELL Education departments of Tennessee and the US Dept of Education were consulted instead of the HCBOE, although HCBOE seems to be the only source for local dollar figures.
------------------------------------------------------------------------------
D. COSTS RECOGNIZED ALTHOUGH NOT INCLUDED.
Figures listed above obviously don’t represent total “illegal immigration education” costs to Hamblen County schools, only the obvious ones identified by non-education “laymen.” They’re likely a “tip of the iceberg” representation that emphasizes the need for further study with collected figures clearly identifying students associated with illegal immigration.
Having stated that, even the cursory figures are daunting. The “illegal immigration” costs equal or double the $1.2 million funding increase requested for the current school year!
Although other programs beside those itemized are affected, the costs from “illegal immigration students” aren’t distinguishable from conventional student participants. These programs are mentioned in this section to increase public awareness of the pervasive effect of illegal immigration costs on the US public school system.
a. Free breakfast and free lunches for “illegal immigration” students (mentioned earlier). One parent shared the comments of his children's elementary school principal that all Hispanic students at that particular school receive free breakfast and free lunches. While “Hispanic” isn’t necessarily a one-to-one translation to “illegal alien,” the correlation is undeniable. That same principal certainly didn’t mention having every student of other ethnic groups (Anglo, Asian, etc) in such programs!
b. Administrative and Maintenance costs for at least 2 additional schools to accommodate the 503 or 973 “illegal immigration” students. PPE (Per Pupil Expenditure) amount on the report card is based on the total actual expenditures (including all personnel salaries) of each school system divided by the average number of students in attendance at the system. (9)
Based on 2002-03 school populations (4), at least 2 elementary schools are required to accommodate the number of “illegal immigration” students. By removing from the HC schools’ equation only the elementary “illegal immigration students,” 2 (or more) elementary schools may not be needed:
- Alpha Elementary--------------- K-5 688
- Fairview Marguerite-------------K-5 431
- Hillcrest Elementary------------ K-5 500
- John Hay Elementary----------- K-5 251 }Elem. 49.85%
- Lincoln Heights------------------- K-5 365
- Manley Elementary-------------- K-5 467
- Russellville Elementary--------- K-5 612
- Union Heights Elementary------ K-5 246
- West Elementary------------------ K-5 402
- Whitesburg Elementary---------- K-5 189
- Witt Elementary------------------- K-5 187
- East Ridge Middle---------------- 6-8 589
- Lincoln Heights Middle--------- 6-8 493 } Middle 23.3%
- Meadowview---------------------- 6-8 563
- West View Middle---------------- 6-8 599
- Morristown East High------- 9-12 1,271 } HS 26.25%
- Morristown West High------ 9-12 1,250
- HC Alternative--------------- K-12 60 0.6%
- Total Students (2002-2003) ----------------------9,602
- 2 principals @ $59,619 (5) ------------- $ 119,238
- 2 asst. principals @ $50,676 -----------$ 101,352
- 2 secretaries @ $24,405 ----------------$ 48,810
- 4 custodians @ $ 22,830 ----------------$ 45,660
- Benefits Packages 10@ $8,607---------$ 86,070
- TOTAL ------------------------------------$ 401,130
- School Year 2002-03
- Additional teachers for 503 “illegal immigration” students
- (25.8 students/teacher) (12) 19.5 x $ 36,963 (5)-----------$ 720,779
- Benefits Package— District Cost 19.5 x $ 8,198 (10)------ $ 159,861
- School Year 2003-04
- Additional teachers for 973 “illegal immigration” students
- (25.8 students/teacher)(12) 37.7 x $ 37,284 (5)-------- $ 1,405,607
- Benefits Package—District Cost 37.7 x $ 8,607 (10)------$ 324,484
- TOTAL FOR TWO YEARS-------------------------------------$2,610,731
(i) Report Card, Tennessee DOE website http://www.state.tn.us/education/rptcrd00/index.html
(ii) “Hamblen County Measure of Success Report;” Students Served ELL, Ricky Bruce, Education Committee, January 25, 2005
(iii) Final Yearly Count, Migrant Education Consultant, TNDOE
(iv) Morristown Citizen-Tribune, “Battle Lines Drawn in fight for school funding,” July 14, 2005
(v) Non-Illegal Immigrant Students (Non-II) = Total Students = Migrant Students
(1) “Hamblen County—Measure of Success Report,” Students Served Migrant, Ricky Bruce, Education Committee, January 25, 2005
(2) “A look at the Hamblen Co. Hispanic population,” Morristown Citizen Tribune, July 6, 2005
(3) HCBOE website & e-mail from Dr. Dale Lynch dated September 24, 2005
(4) School population, Tennessee DOE website http://www.state.tn.us/education/
(5) Annual Statistical Report, Average Salary, 2003-04, Tennessee DOE website: http://www.state.tn.us/education/mrptarchive.htm
(6) Report Card; Finance, Tennessee Doe website http://www.state.tn.us/education/
(7) Statistics delivered by Dr. Dale Lynch, September 23 2005
(8) Federal Programs: Title I, Part C-Migrant Education, Tennessee DOE website, http://www.state.tn.us/education/
(9) Director, Local Finance, TN State Dept of Education, Nashville, TN
(10) “Hamblen County—Measure of Success Report,” Financial Summary—Benefits Plan, Ricky Bruce, Education Committee, January 25, 2005
(11) Final Yearly Count, Migrant Education Consultant, TNDOE
Note: to qualify as ‘migrant,’ students must have moved alone, with or to join a parent, spouse or guardian who has moved to obtain work in agriculture, fishing, temporary or seasonal employment.
(12) Tennessee Code Title 49, Chapter 1-104, weighted mean of specified average class sizes.
(13) Regional Coordinator, Office of Migrant Education, US Dept of Education, Washington DC
(14) Title III Program Director, TNDOE
E. COMMENTARY. This section presents and rebuts arguments against the resolution, usually from those who favor illegal immigration for a variety of reasons.
(1) Voting NO or TABLE. There’s no “neutral position” on this resolution. Those who vote NO reveal that they want to continue allowing the federal executive branch to refuse their responsibility of stopping illegal immigration while continuing to shift the costs to local taxpayers. The same is true of those voting to TABLE in the hope of evading an unpopular decision. Tabling the matter also allows the current problem to continue and intensify.
(2) “Political Posturing.” "Reluctants" have labeled the resolution "political posturing" because supporters acknowledge their primary objective is increased awareness and public scrutiny of the issue with actual collection of money a secondary objective. Actually receiving a check would be nice, but it’s recognized as a secondary objective.
What a detractor calls "political posturing" supporters call "stepping up to the plate." Dismissing the resolution as "political posturing' is similar to accusing those who oppose illegal immigration of racism by those who can't destroy the message so instead try to destroy the messenger.
(3) Primary / Secondary costs of illegal immigration. The resolution and itemized costs refer to “students in Hamblen county schools due to illegal immigration” whether or not the students themselves are illegal aliens or children of illegal aliens born in the US (known as “anchor babies”). Had the US federal government fulfilled its Constitutional obligations in Article IV, Section IV, stopped illegal immigration and closed the borders, neither group of students would be enrolled in Hamblen County schools.
That “anchor babies” are a secondary rather than a primary cost of illegal immigration doesn’t change an undeniable fact: had illegal immigration into the US not been so easy, the parents wouldn’t have been present in the US to give birth to these “anchor babies.”
For this resolution, both illegal alien students and “anchor babies” are included in “illegal immigration” students. Should the Hamblen County Commission be able to collect accurate figures of the immigration status of enrolled students and their parents, it will be important that the figures include these “anchor babies.”
(4) “The issue has become ‘political.’ ” Some fear the illegal immigration issue will produce violence similar to that of the 1960s. One commissioner says that despite his recognizing the validity of citizens’ complaints, he’ll vote NO because “it’s become political.”
Let’s review what happened during those ‘violent 60s’:
American citizens had legitimate complaints about inequitable or non-enforcement of laws.
When these American citizens approached their elected representatives to correct the inequity, those officials refused to hear, much less resolve, the valid complaints of black citizens.
Their repeated attempts to “petition for redress of grievances” as guaranteed by the First Amendment didn’t work. In effect, their elected representatives voted NO.
They tried going through the local system as law-abiding citizens, but when they found the local system hostile and unresponsive, civil disobedience to draw national attention was their only remaining option.
Although they intended to achieve their “awareness” goal by non-violent means, eruptions were almost inevitable as the same “deaf” representatives continued to deny their rights as citizens.
National awareness of the injustice generated corrective action by the federal government. Had local government addressed and resolved the problem, there would have been no need for help from “outsiders.” Citizens exercising their First Amendment rights of “redress of grievances” are entitled to use any assistance legally available.
Now let’s look at today that Commissioner Alvis presumably remembers:
American citizens want consistent enforcement of all laws on the books (including immigration laws), and object to enforcement of laws against them while illegal aliens are allowed to violate any laws they choose with no consequences.
When these same American citizens ask their elected representatives to insure uniform enforcement of laws on the books, those officials refuse to hear, much less correct, the valid complaints of these American citizens. The August 22 response of Mayor Gary Johnson to Tom Duthie is typical:
Sergeant Major Duthie,
The City of Morristown or our Police Department have no jurisdiction as regards United States immigration laws, including those “that already exist.”
Until such time that the US Government decides to deal with the situations you speak of, little will change.
Sincerely,
Mayor Gary R. Johnson
When these same American citizens participated in a July rally, it was peaceful; the only problems were created by those supporting illegal aliens.
Another typical response to objections of these American citizens is Mayor Johnson’s August 13 “show of overwhelming force.” Because they recognized attempts by local officials to portray their attempts as “infiltrated by hate groups,” they intentionally absented themselves from Mayor Johnson’s staged “show of overwhelming force.”
Although sympathetic to citizens’ stated “petition for redress of grievances,” one commissioner expresses his intention to vote NO.
Federal refusal to end illegal immigration has produced “national awareness” of the impact to local governments and its citizens. Will local government AGAIN ignore its responsibility to address the grievances of its citizens? Just as in the 1960s, had government fulfilled their responsibility, there would have been no need for aggrieved citizens to seek help from “outsiders.” Citizens exercising their First Amendment rights of “redress of grievances” are entitled to use any assistance legally available.
It’s been said that “Insanity is doing the same things the same way and expecting a different outcome."
Does anyone think to avoid a repetition of 1960s violence by mimicking the behavior of 1960s unresponsive elected representatives? The apparent hope is that by ignoring citizens’ valid complaints long enough, they’ll stop complaining and “live with it.” Aside from shirking his obligation to serve citizens’ interests, he exacerbates already existing ill will and increasing citizens’ frustration and potential for violence.
If elected representatives are so fearful of duplicating “the 1960s violence,” why do they repeat behavior that led to conditions that produced them?
(5) “The figures aren’t exact.” One or two commissioners have cited “reluctance” to pass the resolution because "the figures aren't exact." Actually, the student count figures are not only precise but have already been submitted by HCBOE as well as validated and paid by the Tennessee Dept of Education.
What the “reluctants” REALLY mean is there’s no assurance that 100% of students in the English Language-Learners can be directly traced to illegal immigration.
It’s for exactly that reason that Migrant Education participation was substituted. That eligibility as a “migrant” student requires association with occupations routinely identified by government officials as “we need illegal aliens for this work because they’re jobs Americans won’t do” is a custom-made synonym for illegal immigration. The Migrant Education program defines these occupations as agriculture, migratory, temporary or seasonal agricultural workers, migratory dairy workers, fishing or migratory, temporary or seasonal fishermen (8).
Establishing accurate counts of students associated with illegal immigration would be an obvious solution for figures claimed as “not exact,” but that’s unlikely to happen. School administrators who would oversee collection of such numbers are notoriously resistant and repeatedly non-responsive and evasive, as experienced with this resolution. Considering the non-cooperation that would result, it’s obvious that the figures currently available are as accurate as they’re ever likely to be. Even "accurate figures" supplied by HCBOE aren't totally dependable.
For example, during the June/July school budget process for the current year, the commission received two "Actual" costs for the same item--Migrant Education program for the school year 2003-2004.
On the Federal Budget Summary, "actual" Title C budget: $53,496.00
On the 2-page Actual/Budget History for Title C (2001-2006): $39,565.58
A difference of $13,930.42 is hardly "pocket change."
Another example appeared on the same Title I C Actual/Budget History in the amounts budgeted for Social Security and Medicare. Accuracy of these two should be "no-brainers" (maximum of 1.45% for Medicare and 6.2% for FICA). The 2005-2006 budget wages compared to the previous year (2004-2005) show a decrease in base wages yet an increase in Medicare and FICA dollar amounts! Moreover, the FICA deduction for 2005-2006 is shown as 10% of budgeted wages (rather than a maximum of 6.2%) and the Medicare deduction for 2005-2006 is shown as 2.3% of budgeted wages (rather than a mamimum of 1.45%), an all-too-obvious error.
The two examples above beg the question of how to identify which of the two figures are "ready for prime time" when the primary information source submits two different dollar costs for the same expense.
In the matter of information-gathering, when educational administrators are asked for specific numbers of illegal alien students in their schools, they repeatedly insist "we don't ask if students are illegal because federal law prohibits it." Yet an 8/28 e-mail inquiry (and 9/13 follow-up) to Hamblen County Schools Superintendent Dale Lynch asking for the exact law/policy/code containing that prohibition that he's repeatedly cited remains unanswered. Similar inquiries of Gail Rice regarding her similar claims also remain unanswered. Both have proven to be very quick to make the claim but won’t even acknowledge requests for substantiation.
In contrast, replies from experts at both Center for Immigration Studies and Federation for American Immigration Reform (FAIR) contradict both Dr. Lynch and Ms. Rice.
To the question: “Is there really a federal law that forbids asking or recording the immigration status of K-12 students? Or perhaps a written policy or procedure BASED on interpretation of the law?” they answered:
From Leah Durant, staff attorney at FAIR, Washington, DC:
"As for your question about whether school districts are prohibited from reporting the immigration status of their students, it appears that Federal law does not explicitly prohibit schools from gathering and reporting such data. As a matter of fact, other Federal laws (such as 8 U.S.C. section 1373) provide that state or local governments may NOT prohibit voluntary reporting to ICE, and further provide that those persons / agencies which enact policies to restrict their employees from voluntary cooperation are subject to fines, imprisonment or both. In the wake of Plyer however, many school districts have initiated such policies in an attempt to avoid possible law suits from pro-illegal alien groups."
=====================================================
From Mark Krikorian, Center for Immigration Studies, Washington, DC:
"No. The Supreme Court has ruled that until Congress says otherwise, localities have to educate illegal-alien children, but not that they can't ask. In fact, there are rules for kids attending high school who aren't legal permanent residents (i.e., on some kind of student visa), so some schools are asking."
As stated in the Objective section, this resolution’s purpose is to effect changes in public policy and/or public law by public discussion of the issue and its apparent costs. Current public debate and examination of the immigration issue (both legal and illegal) demands accurate information for decision-making. Regardless of how “not exact” anyone may claim accompanying figures are, none will deny that exact figures of students associated with illegal immigration aren’t currently available. It’s not a case of locating exact figures, because exact figures SIMPLY DON’T EXIST. Indeed, public officials have effected de facto policies to BLOCK collection of such figures on the insistence that “they don’t matter.”
Review of “best available” facts that direct public attention to apparent costs may be the next step to collecting better and/or different data. Any needed public policy changes WON’T HAPPEN UNLESS CALLS FOR CHANGES ARE HEARD (with this resolution being one of those calls)! Citizens are calling for those changes, and local officials should be next to “step up to the plate.” County commissioners who hear the calls and then hinder public attention and/or information-gathering are obstructing the process, whether they’re educational bureaucrats or elected officials. They’re making it clear to citizens that they want the current inequities to remain just as they are.
Local governments would do well to insist on collection of accurate figures for review. That school staff are quick to hide behind apparently nonexistent “federal laws” or use the 'race-card excuse' ("we educate all students regardless of race, religion, nationality or ethnicity") makes it clear that educational bureaucrats have helped created the problem and want to continue blocking public access to the facts. These same educational bureaucrats want the public to remain unaware that “illegal immigration students” offer the opportunity for obtaining more money for ever-increasing educational budgets.
Opposition to illegal immigration is an issue of law-compliance; playing the race card won't quash the public debate.
F. APPENDIX: Figures Requested of HCBOE. After initially receiving a similar “fill-in-the-blanks” form from Tom Lowe on Monday, September 19, Dr. Lynch called Commissioner Lowe to provide the requested information in a meeting on Friday, September 23. After review of the information provided in the meeting was largely irrelevant to what was requested, a second revised form (below) was provided to Dr. Lynch to more clearly specify what we wanted and make his reporting easier. The form was send on Tuesday, September 27 and again on Thursday, September 29. As of submitting this document for the agenda on Wednesday, October 5, the information was still outstanding.
======================================================================
PLEASE PROVIDE ACCURATELY AND COMPLETELY THE ITEMS INDICATED
======================================================================
Numbers followed by a “?” were provided to Tom Lowe; we’d like to verify that numbers indicated are correct.
(1) Number of Students in the ELL program 2004-05 ___653?__________
(2) Per Pupil Expenditure and federal, state, local distribution for 2004-05.
PPE: $________________
Federal: ________________%
State: _________________%
Local: _________________%
(3) Cost of Salaries and Administration of the Migrant Student program, listing separately each staff position title, salary range and benefits package. This should include but not be limited to:
a. Gail Rice (or equivalent staff position), supervisor of the HCBOE migrant program.
What percentage of her time is allocated to the Migrant Student program? ___
b. Juan Cervantes, Migrant Coordinator
c. 3 Part-time Migrant teachers (as stated on the HCBOE website)
d. Also, the state DOE website mentions "Kimberly Fox." This person wasn’t mentioned to Tom Lowe--what is her function, position title and salary range for the three mentioned years?
(4) Cost of Salaries and Administration of the ELL program, listing separately each staff position title, salary range and benefits package. This should include but not be limited to:
a. Dr. Brenda Dean (or equivalent staff member), who oversees the English Language Learning program in Hamblen County **
What percentage of her time is allocated to the ELL program? _________
b. Each ELL teacher and percentage of time allocated to ELL
8 ELL teachers @ up to $55,000?_________________
3 Teacher Assistants @ $27,000?_________________
(5) Cost of benefits package for each staff position involved in administration of the ELL and Migrant programs.
2002-03: $ ___________
2003-04: $ 8607.73?___
2004-05: $ ___________
Wednesday, October 05, 2005
October 5, 2005 Accountability and openness
Accountability was the theme of my campaign for County Commission just over three years ago.
Now you see the word everywhere!
Citizens everywhere are bringing their cries for more accountability and openness to their local governments--city and county. Citizens also bring their ideas and proposals and their thank-yous and complaints to their local governmental bodies as well.
Meetings of the Hamblen County Commission are probably the most open and citizen-friendly of all government meetings at the local level. I sincerely hope that they remain so.
When the current Commission took office in September 2002, one of the first proposals was to allow public comments at the beginning of each meeting. If citizens sign up in advance of the meeting through the County Mayor's Office at 586-1931, they can have up to 5 minutes to speak to the Commission. Even if they do not sign up in advance, they can still speak at the meeting, but they are limited to 3 minutes.
Any time you open up a part of a public meeting as the Commission has, you will have a number of speakers with comments on a wide range of topics. The comments obviously need to be civil and should relate to Commission business.
Allowing the public to speak at the Commission meetings (and at Committee meetings as well) is an important way of serving the public and increasing citizen involvement. This policy is very important, and I will continue to support allowing public comments at the beginning of our meetings.
Another important initiative of this commission has been taping and televising the regular monthly meetings of Commission on Charter and Comcast cable channels. This, too, has sparked citizen involvement and has increased awareness about what the County Commission does.
Although televising Commission meetings had not been done before, Commissioner Nancy Phillips, Commissioner Tom Lowe, and I made it a central proposal of our campaigns in 2002. When we started the taping in late 2002, Commissioner Phillips and I secured the sound equipment and microphones at no cost to the county.
We still use that equipment today, but now we have added two special (and expensive) cameras that Commissioner Phillips helped secure from Charter Cable at no cost to the county.
PS: The meetings are taped from an elevated area at the rear of the courtroom that was especially built to provide a good vantage point for the cameras. This elevated platform was built at no cost to the county after I asked a very special constituent (my husband Ron) to provide the materials and labor for this.
I would like to see and I am going to continue to push for the taping of committee meetings as well. Most of the discussion about county business takes place in committee meetings which are held on the second Monday of each month, beginning at 3:00 pm. These meetings are open to the public, but many people can't attend meetings that begin that early in the afternoon.
With cameras and equipment already in place, I think committee meetings should be taped and televised. Then, if citizens watched a committee meeting and realized that a topic of concern to them was being considered in committee, they could be sure to come to the Commission meeting 10 days later and let their opinion(s) be known before any vote was taken.
Now you see the word everywhere!
Citizens everywhere are bringing their cries for more accountability and openness to their local governments--city and county. Citizens also bring their ideas and proposals and their thank-yous and complaints to their local governmental bodies as well.
Meetings of the Hamblen County Commission are probably the most open and citizen-friendly of all government meetings at the local level. I sincerely hope that they remain so.
When the current Commission took office in September 2002, one of the first proposals was to allow public comments at the beginning of each meeting. If citizens sign up in advance of the meeting through the County Mayor's Office at 586-1931, they can have up to 5 minutes to speak to the Commission. Even if they do not sign up in advance, they can still speak at the meeting, but they are limited to 3 minutes.
Any time you open up a part of a public meeting as the Commission has, you will have a number of speakers with comments on a wide range of topics. The comments obviously need to be civil and should relate to Commission business.
Allowing the public to speak at the Commission meetings (and at Committee meetings as well) is an important way of serving the public and increasing citizen involvement. This policy is very important, and I will continue to support allowing public comments at the beginning of our meetings.
Another important initiative of this commission has been taping and televising the regular monthly meetings of Commission on Charter and Comcast cable channels. This, too, has sparked citizen involvement and has increased awareness about what the County Commission does.
Although televising Commission meetings had not been done before, Commissioner Nancy Phillips, Commissioner Tom Lowe, and I made it a central proposal of our campaigns in 2002. When we started the taping in late 2002, Commissioner Phillips and I secured the sound equipment and microphones at no cost to the county.
We still use that equipment today, but now we have added two special (and expensive) cameras that Commissioner Phillips helped secure from Charter Cable at no cost to the county.
PS: The meetings are taped from an elevated area at the rear of the courtroom that was especially built to provide a good vantage point for the cameras. This elevated platform was built at no cost to the county after I asked a very special constituent (my husband Ron) to provide the materials and labor for this.
I would like to see and I am going to continue to push for the taping of committee meetings as well. Most of the discussion about county business takes place in committee meetings which are held on the second Monday of each month, beginning at 3:00 pm. These meetings are open to the public, but many people can't attend meetings that begin that early in the afternoon.
With cameras and equipment already in place, I think committee meetings should be taped and televised. Then, if citizens watched a committee meeting and realized that a topic of concern to them was being considered in committee, they could be sure to come to the Commission meeting 10 days later and let their opinion(s) be known before any vote was taken.
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