September 5, 2009 County Commission Stops Unauthorized Car Allowances in Order to (Finally) Comply with State Law

At its August 20 meeting of the full commission, the Hamblen County Commission voted 12-1 to stop three of the four car allowances that have been paid for several years in violation of state law. [Commissioner Tommy Massey was absent.]

This was a total reversal of what the Finance Committee had recommended on August 10. See my post on the August 10 Finance Committee meeting here.

At the August 10 Finance Committee meeting, I had asked the committee to stop payment of unauthorized car allowances. The Committee refused to stop these unauthorized payments and, instead, voted to study the issue again in September. The payments were going to continue despite state law that does not allow Hamblen County to pay car allowances, despite an April 2009 state attorney general's opinion on county car allowances, and despite the county attorney's May 2009 opinion (which was just a review of the state attorney general's opinion noting that Hamblen County is not among those counties authorized to provide car allowances).

After years of paying unauthorized car allowances and with the prospect of these payments continuing for still more months, I spoke to the full commission during the public comments forum on August 20 and, as I had done on August 10, I again asked that these unauthorized car allowances stop now and that Hamblen County come into compliance with state law now. Why continue to violate state law and pay out thousands of taxpayer dollars on unauthorized car allowances?

Despite state law and my request that the commission comply with state law immediately, Finance Chairman Joe Spoone made a motion to postpone any decision and to "study" the car allowance situation in September. Thankfully, one commissioner was listening and had the courage to question what was going on and to stand up for the taxpayers.

Commissioner Dana Wampler noted that Hamblen County is out of compliance---as I had stated---and Wampler then amended Spoone's resolution to stop three of the car allowances now (Ely, Hopkins, Young) and to pay mileage to those individuals if they use their car on county business. The situation is still set for review in September, but unauthorized car allowances will stop.

During discussion of the amendment, Wampler turned to county attorney Rusty Cantwell and asked about the unauthorized car allowances and when the county should come into compliance. Rusty said that there are three car allowances (the fourth car allowance is that of the County Mayor but Rusty doesn't think that the Mayor's $600/month car allowance is really a car allowance). As far as when the county should come into compliance with state law, Rusty said that was "up to you (the commission)." That response from the county attorney was a bit of a surprise.

Thankfully, Commissioner Wampler stuck to his guns and decided that the county should come into compliance with state law right away. The motion to stop unauthorized car allowances passed 12-1. Guy Collins voted no. I'm not sure if Collins' "no" vote meant that he wanted to keep paying unauthorized car allowances or if he just didn't understand what was going on. Tommy Massey was absent.

I appreciate Commissioner Wampler for doing the right thing. I'm guessing that he took some flak for that after the meeting. Stancil Ford doesn't really like for the public to have any input. He doesn't like a lot of discussion by commissioners at the full commission meetings, and he doesn't like to have changes from the original script.

When you watch the tape of the meeting, Ford turns to County Mayor David Purkey and to County Attorney Rusty Cantwell. Ford is not really happy with the question and comments and amendment by Commissioner Wampler, but in the end he can't stop the amendment and he himself votes for the amendment. Why? Because the amendment brings Hamblen County into compliance with state law and saves taxpayer money, too. How could you oppose that?

The real question is, why did it take four months to get a vote on coming into compliance with state law on the floor at a county commission meeting? Many thanks to Commissioner Wampler for doing "the right thing." Commissioner Wampler showed that one commissioner can make a difference when he or she just does "the right thing" and puts it out for a vote.

Joe Powell tapes the meetings for the county and they are shown on Charter Ch 7 (goverment/education channel) at 9:00 PM on Tuesday? and Saturday nights. [I watch on Saturdays, and I think Tuesday is the other day that the tape is shown.] You can call the county mayor's office (586-1931) to find out what other day the tape is aired.

May 16, 2007 Anonymous(e) Pops Up at Cuppa Joe

Thanks to Joe Powell for mentioning my post on the violation of the Sunshine Law by the Hamblen County Commission at the May 8th meeting of the full Commission.

Joe has always been a crusader for open government and for getting rid of backdoor deals.

Apparently, a Courthouse Anonymous(e) was lurking on Joe's blog and started whining when Joe linked to my post where I reported that there was no public notice of the May 8th meeting of the Hamblen County Commission at which the Hamblen County Ethics Committee was appointed.

How the Commissioners sat there silently on May 8th while the County Mayor, the Commission Chair, and the County Attorney somehow said with a straight face that the county actually met the "adequate public notice" requirements of the law even when there was NO PUBLIC NOTICE or announcement of the meeting is more than a wee bit hard to understand.

Here is my reply in Joe's comments section to Joe's Anonymouse.

Linda said...
Looks like there might be an Anonymous(e) in the courthouse to go along with those termites!

Where did Anonymouse deal with the issue which was: was "adequate public notice" as required by law provided for this "special called meeting" of the Hamblen County Commission?

Anonymouse appears to admit that the requirements of public NOTICE were not met when he says "I don't think there was any DELIBERATE attempt to keep the meeting from the public."

I stated much the same thing in my post when I said "It was probably hoped and expected that the press would notify the public."

BUT IT DIDN'T HAPPEN as hoped or expected.

That means that there was not adequate public notice. There was NO public notice. Zero. Nada. Zilch.

Anonymouse should do a little reading: The law says that the County must provide "adequate public notice" not "adequate press notice."

You are absolutely right in your last comment--as soon as it was realized that the law had not been followed regarding notice of the meeting, it should have been stopped and re-scheduled with proper notice to the public.

I'll have a lot more on this on my blog in a day or so.

The Sunshine Law and the Public Records Laws are among THE most important tools and safeguards that citizens have to protect from secret meetings and to enable them to try to find out what's going on with their money and their government!

Because these laws are citizen-friendly and are so useful to citizens, governments love to stick the "troublemaker" label on those who try to enforce and actually use the law to get information.

Sorry about that, Anonymouse! Until the Sunshine and Public Records (Laws) are repealed, I'll continue to use them to get info and I'll continue to remind officials that it isn't a public meeting and the Sun isn't shining if you haven't announced the meeting to the public!

If that makes me a "troublemaker," so be it.

This "troublemaker" has saved county taxpayers a ton of money by asking questions and checking out financial info much to the chagrin of Anonymouse.

I saved the taxpayers $1.1 million dollars in 2005 by checking the math in the calculation of the county's new tax rate after the 2005 re-appraisal. I checked the rate that the state had provided and that county finance officials were using in the budget process in 2005.

I found out that the rate was 11 cents too high. This would have resulted in the over collection of $1.1 million from Hamblen County taxpayers. My figures were quickly verified as correct, and the state and county then corrected and lowered the certified tax rate by 11 cents.

Remember the $18,000 that we have saved every year since 2002 by using the state auditors which I pushed for in 2002?

And there's more we could be saving right now and could have saved over the past several years if certain spending and procurement practices were changed.

I'm sick of taxes going up, up, and away!

So, Anonymouse, watch out.

The taxpayers need commissioners who will work with the public as "watchdogs" of the public pursestrings---and not be timid "lapdogs" who spend too much time worrying that they might not get invited into the inner sanctum of government.

Anonymouse, smell the coffee and quit blaming others and trying to deflect attention from the issue. You have admitted that the public wasn't notified about the meeting: "I don't think there was any deliberate attempt to keep the meeting from the public."

Deliberate or not deliberate, it really doesn't matter. THERE WAS NOT ADEQUATE PUBLIC NOTICE OF THIS MEETING!

Is it that difficult to accept and properly deal with what you yourself have admitted. It's not rocket science. If there wasn't public notice, if it was just a glitch, do what Joe said, re-schedule the meeting, provide adequate public notice, and do it over the right way!

And next time, take an ad in the Legal/Public notice section of the paper to provide notice.

That's what the county does for rezonings and lots of other special meetings. Then you don't have to worry about someone else taking care of "adequate public notice."