Monday, June 04, 2007

June 4, 2007 Sen. Jerry Cooper Trial to Begin

The oft-delayed mail fraud, bank fraud, and conspiracy trial of Tennessee State Sen. Jerry Cooper is finally set to begin today. The charges stem from a 1999 land deal.

[The most recent delay in Cooper's trial occurred in March as a result of injuries suffered by Sen. Cooper in a February 2007 single car wreck just outside of Nashville.

The wreck occurred after the senator left several legislative receptions in Nashville and apparently had consumed enough alcohol at the receptions so that his BAC (blood alcohol content) registered .18--- more than double Tennessee's .08 standard for intoxication.

Cooper faces unrelated DUI charges in connection with the wreck.]

In connection with the land deal, Senator Cooper is currently claiming that he was singled out for prosecution because he is a public figure. Too bad the purchaser of the property-- who was convicted for his part in the land deal-- couldn't make the same claim.

Neither of the charges against Cooper are related to the 2005 TN Waltz arrests that snared a number of Tennessee legislators for bribery and public corruption.

Thursday, May 31, 2007

May 30, 2007 The Public Is Invited (sort of) To a City Retreat at 8:00 AM Tomorrow

I was looking through the Tribune tonight and happened to see a rather interesting public notice in the classifieds.

The notice said that the City of Morristown is having a "retreat" at 8:00 am in the morning at Windswept.

My guess is that the retreat is at Windswept, the house, and not Windswept, the gated subdivision.

For people who are new to the area, people who don't know what or where Windswept is ...well, maybe they can ask somebody really early in the morning.

The City schedules a public retreat for 8:00 am in the morning. The county schedules public committee meetings at 11:30 am.

It looks like there's not really much interest in scheduling meetings for times when the public can actually attend and hear public discussions, recommendations, and decisions being made.

Schedule public meetings at a convenient time for the majority of people? What an old-fashioned, democratic idea!

Schedule public meetings at inconvenient times for the majority of people? What a modern, elitist idea!

Wonder if a taxpayer-provided breakfast will be served?

Monday, May 28, 2007

May 28, 2007 Memorial Day


In memory of those who gave the last full measure of devotion...
With gratitude for all who have served in the past...
In honor of those who serve today...
****************************************
A medley of armed forces music and a look at the history behind our Memorial Day observances.





Thursday, May 17, 2007

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."

Monday, May 14, 2007

May 13, 2007 Hamblen County Ethics Committee Appointed But the Sun Wasn't Shining

There was a special called meeting of the Hamblen County Commission on Tuesday, May 8, but the public wasn't told or notified.

Officials and a few other individuals received e-mail notification about the meeting from the Hamblen County Mayor's Office around May 1.

[I just happened to hear about the meeting from a Hamblen County official a few days before the meeting was to take place. ]

There is a Sunshine Law in Tennessee. The Sunshine Law states that it is the public policy of the state that the business of the public must be conducted in public.

To make sure that public business is conducted in public, the Sunshine Law provides that there must be "adequate public notice" for regular meetings and for special called meetings.

Just prior to the start of the business portion of the May 8th meeting, I notified the entire commission that there had been only e-mail notification to a very limited number of individuals about this special meeting, and I expressed my concern over this apparent violation of the Sunshine Law.

Chairman Ford turned to Mayor Purkey, and the Mayor said something to the effect that they had complied with the notice requirements for public meetings.

When asked specifically whether an e-mail notification that only went to a very limited number of individuals in Hamblen County could be considered adequate notice to the 60,000 Hamblen countians who did NOT receive the e-mail or any public notice, Chairman Ford referred the question to County Attorney Rusty Cantwell.

Cantwell expressed no concern about the legality of public notice even when the only notice of the meeting was an e-mail that was sent to a very limited number of specific recipients.

While it may have been hoped or expected that the press would notify the public of this special meeting, that didn't occur. The Sunshine Law doesn't state that a hope or expectation that someone will provide notice of the meeting meets the actual notice requirement.

The Sunshine Law states that there must be "adequate public notice" for regular and special called meetings. T.C.A. 8-44-103.

How can you conduct public business in public if you don't tell the public that there is a public meeting and if you don't provide notice as to when and where the meeting will take place?

There wasn't any Sunshine at the May 8th meeting even though it was an especially important meeting--a special called meeting during which appointment of the Hamblen County Ethics Committee would take place. The only other item on the agenda was termites in the Courthouse.

Mayor David Purkey, as expected, appointed commissioners Stancil Ford and Joe Swann and Trustee Bill Brittain to the Ethics Committee. Joe Swann then jumped in and nominated Jack Cartwright and Jim Harrison for the "regular citizen" positions.

Right before the meeting, I talked with two commissioners and recommended Patricia Stephens and Steve Sublett for the Ethics Committee. Each was nominated and received three and four votes respectively. Both Ms. Stephens and Mr. Sublett attend commission meetings regularly, are thoughtful and conscientious individuals, and would have represented the citizens and taxpayers well.

Bonnie Oakberg was also nominated. She attends meetings regularly and would have served well. Bonnie had taken the initiative to submit her own list of possible Ethics Committee nominees to commissioners several weeks ago.

I know Mr. Cartwright and Mr. Harrison by name only. I don't know how many commission meetings they have attended in the past 4-5 years.

I trust that Mr. Cartwright and Mr. Harrison along with the other members of the Ethics Committee will serve honorably, recognizing that they have perhaps the most important jobs in Hamblen County. They are the gatekeepers of ethics in Hamblen County.

It is unfortunate and ironic, however, that the appointment of this new five-man Hamblen County Ethics Committee took place at a meeting of which the public meeting was not notified.

It is unfortunate, and that is putting it midly, that the County Mayor, the County Attorney, and Commission Chair Stancil Ford (who was appointed to the Ethics Committee) had zero concern about the lack of public notice for this meeting and zero concern about the apparent violation of the notice requirements of the Sunshine Law.

It is unfortunate, and that is putting it mildly, that the thirteen other commissioners, including Joe Swann (who was appointed to the Ethics Committee), had zero concern about the lack of public notice for this meeting and zero concern about the apparent violation of the notice requirements of the Sunshine Law in Tennessee.

Monday, April 30, 2007

April 30, 2007 "Make Room for the Senator" (John Ford)

Former Tennessee State Senator John Ford was convicted Friday of bribery in connection with the FBI's Tennessee Waltz investigation. An excellent series of articles that were published daily during the trial are here.

As he left the courtroom Friday, his daughter Kemba told everyone to "Make room for the Senator!"

Ford, the self-proclaimed "man who makes the deals," now travels to Nashville later this week to face charges of wire fraud in connection with his TennCare "consulting" contracts with Doral Dental and OmniCare.

Ford is looking at six felony counts accusing him of taking $800,000 in kickbacks from state TennCare contractors.

It has been mentioned in several news outlets that Ford could try to work out a deal at this point with prosecutors. He may offer not to appeal the recent Tennessee Waltz bribery conviction in return for the state agreeing to drop the wire fraud and TennCare charges.

Ford is a fighter, and Ford is cocky. So another very real possibility is that he may decide to go ahead and appeal the Memphis conviction and go ahead and fight the Nashville TennCare charges as well.

Only John Ford, the "man who makes the deals," knows whether he will attempt to make a deal on the next round of charges.

Friday, April 20, 2007

April 20, 2007 Miracle on 2nd North Street

A mini-miracle occurred at Hamblen County Commission yesterday.

The Commission voted to enact an ethics policy. No, that's not the miracle. A county ethics policy is required by the state of Tennessee as a result of the Tennessee Waltz arrests of state legislators in 2005.

The miracle is that the Commission voted to establish a 5-member Ethics Committee that will have two regular citizens on it.

I commend the commissioners who voted for an Ethics policy with a 5-member Ethics Committee that includes two non-government members. Voting yes: Baker, Bruce, Ford, Harville, Massey, Phillips, Sexton, Spoone, and Wampler. Voting no: Fullington, Lebel, Parker, and Swann. Absent: Collins.

In a blog post yesterday, I expressed concern that all members of the Ethics Committee would be government officials/employees. Such an "all-government" Ethics Committee was the first proposal presented to commissioners by county attorney Rusty Cantwell back in late 2006.

Last month, I gave a copy of a Shelby County ethics proposal to commissioners and pointed out that the proposed Shelby Ethics Committee has NO government officials and that the Knox County Ethics Committee has only two county commissioners on its 9-member committee.

At that time, I asked that the commission review the Shelby plan and consider modifying the Hamblen County Policy so that at least two members of the Hamblen County Ethics Committee would be citizens who are not government officials/employees.

Yesterday, Joe Swann jumped in and proposed that the county adopt an Ethics policy in which there be no Ethics Committee to which complaints could be made. Swann's proposal had the county attorney serving alone as the county's "ethics officer." This proposal failed.

[Having the county attorney serving as the ethics officer could present special ethical dilemmas for the attorney in terms of the attorney-client relationship. The commission appoints the county attorney. What happens if a citizen or a countywide officeholder brings ethical charges against a commissioner? Is there a professional ethical problem here with the attorney investigating his "client"? What if a commissioner filed a complaint against a commissioner? Is the attorney's investigation of his client ethical? Is the attorney-client relationship damaged? Which client does he serve? And these questions don't even touch on the tricky question that often faces government attorneys, "Who is the client?" The county attorney expressed some reluctance yesterday to assuming the position as ethics officer but agreed to serve if that was the wish of the commission.]

After Swann's proposal was defeated, Commissioner Phillips proposed that the county adopt an Ethics policy that provides for a five-member Ethics Committee that includes two county commissioners, one constitutional officer, and two at-large "regular" citizens. It passed easily. The 9-4 vote is shown above.

Including regular citizens on the Ethics Committee was a mini-miracle. A maxi-miracle would have been an Ethics Committee that had no government officials or employees! In this case, however, 2/5 of a loaf is better than none.

Thank you to the commissioners who recognized that including regular citizens on the Hamblen County Ethics Committee is an improvement over the "all-government" Ethics Committee that was first considered and is far better than placing the county attorney in the position of ethics officer.

More on the discussion that took place among commissioners later.

April 20, 2007 Growth Plan Changes: 4 approved-3 nixed

Four proposed changes to the Urban Growth boundary were approved yesterday. Three requested changes were rejected.

Receiving County Commission's blessing were:

The Lowland site
Vineyard Road
Cobble Lane
Sublett Road -Tidi-Waste (moving "out" of the Urban Growth Boundary)

Getting the ax were:

Carroll Road (Rick Trent Development)
Valley Home Road (Renner Farm)
Boat Launch Road (Solomon Farm)

More on what was said by various commissioners and members of the public later.

Thursday, April 19, 2007

April 19, 2007 Hamblen Ethics Committee: Fox Guarding the Henhouse?

An ethics policy for Hamblen County will be a topic of discussion prior to today's meeting of the full Hamblen County Commission.

Originally, County Attorney Rusty Cantwell took a CTAS sample ethics policy, made revisions, and presented it to county commission. No action was taken on his proposal over the past several months.

Cantwell's proposal could have been a lot more stringent, but it was OK. The major problem, in my opinion, was that the 5-member ethics committee that was designed to provide oversight of ethical violations was composed primarily of county commissioners along with one countywide officer holder.

Does "fox guarding the henhouse" come to mind?

In March, I spoke to the Public Services Committee and noted that Knox County had an ethics committee which included several "non-government" members.

I also gave a copy of a Shelby County proposal to Chair Nancy Phillips to copy and provide to all commissioners. The Shelby County proposal includes an ethics committee composed entirely of "non-government" individuals.

Afterwards the Public Services Committee voted to revise the local ethics committee to include at least some members who were not government officials or government employees and to submit this to the full commission.

Then the wheels started working behind-the-scenes. The ethics proposal was not presented or voted upon at the March meeting of the full commission. Instead, it was decided to have CTAS representative Rick Hall come and address commission about ethics right before today's commission meeting.

Having Mr. Hall appear now (after 5-6 months of looking at this) is a delaying tactic.
Somehow, we will end up with a "government ethics committee" made up entirely of "government officials" or at least a majority of "government officials."

Independent citizen oversight or input? Not needed and not wanted in Hamblen County.

Fox guarding the henhouse? Probably.

Saturday, April 07, 2007

April 7, 2007 Local Backbone Transplants Fail

Backbone transplant surgeries that were expected to give courage to those who make anonymous comments on this blog were a colossal failure. See my post of April 1.

It had been hoped that with new backbones in place, the local chickens would quit their anonymous clucking and would instead proudly put their name to their "well-reasoned" (ROFL) comments.

Apparently, skilled teams of local backbone transplant surgeons were unable to insert a backbone into the empty cavity where "anonymous" spines should have been.

Anonymous comments continue to arrive in the noe4accountability blog comment inbox from certain businesses and individuals in Hamblen County.

And these anonymous comments, such as "you miserable lying b----", continue to sit in the noe4accountability blog comment inbox eagerly waiting to be posted after their proud authors step up to claim them.

Like the cowardly lion in the Land of Oz, these anonymous weaklings need to ask the Wizard for courage so they can proudly claim their anonymous offspring!

And it wouldn't hurt to ask the Wizard for a brain, too!

Anonymous Individuals and Anonymous Users of Local Business Computers, I have an offer for you that I hope you can't and won't refuse.

Take some initiative, get some courage, use your brain, and prove that any of my June 22, 2006, factual statements about the handling of county finances are not true.

The charges and allegations are contained in a June 22, 2006, address to county commission. The full statement is posted on my blog in 4 separate entries here, here, here, and here.

It's time for you to do something besides rant and rave. So quit lurking and hiding.

Step up and prove that any of my June 22 factual allegations are false.

And if you come out of your political/personal closet and identify yourself and prove that any of my June 22 allegations are false---I'll publish your name and your proof right here!

Enjoy.

Sunday, April 01, 2007

April 1, 2007 Surprises Everywhere!

Big things are happening...

Mayor David Purkey called me and apologized graciously and profusely for his many fits of anger while I was on county commission! He said that he had been overly frustrated by my demands for accountability and fiscal responsibility and that he was relieved that I didn't run again because now he and his staff can say and do anything and no one really asks any questions.

Along with his apology he admitted that all the allegations in my June 22, 2006, statement to County Commission were true and that he had been spending taxpayer dollars without commission approval, had created false documents, had manipulated the 2001 audit, had put his (ineligible) friend on the county's insurance plan, and on and on and on.

Mayor Purkey added that he was now going into financial rehab. And taking lots of anger management courses on the side!

Open Meetings Violation Sparks Lawsuit! The Citizen-Tribune, after running several recent editorials and articles about the Open Meetings laws in Tennessee, is suing the Morristown City Council and City Administrator Jim Crumley for Open Meetings violations.

The paper reported back on March 6 that city councilmen had voted "publicly" to authorize Crumley to bid $250,000 for the Lowland sewer treatment plant at the old Enka site. The paper then reported that council had later voted "privately"-- outside of an official announced called meeting-- to authorize Crumley to bid up to $350,000 for the Lowland sewer treatment plant at the old Enka site.

Finally, the paper reported that a "majority" of the council had voted again "privately"--- outside of an official announced called meeting--- to authorize various bids above $350,000 for the sewer plant.

The newspaper, deciding that actions speak louder than editorials, is taking a stand in support of the state's Open Meetings laws. The Tribune is going to court to challenge the taking of "votes" outside of an announced meeting.

More Great Open Records News! The Hamblen County School Board has decided that it no longer has anything to hide about the construction management arrangement in the previous $35 million dollar elementary and middle school building program.

In the spirit of openness, the Board is going to release the letter that its attorney Scott Reams wrote to former SB Chairman Ernie Horner about the school board's deal back then to pay construction managers to build schools and then to pay them even more to supervise themselves as they build. In a press release, the Board said that it regretted having spent $40,000 on lawyers to keep the simple little letter secret for so long.

Dr. Lynch to Open Chain of International Schools. Dr. Dale Lynch has resigned his position as Superintendent of Hamblen County Schools and has announced plans to open a chain of International Schools throughout the southeast to encourage the continued influx of illegal immigrants into the area.

Jefferson Federal, Garcia Labor, the Niswonger Foundation, Morristown City Council, and the Hamblen County Commission provided money for Dr. Lynch to start up the first International School in Hamblen County. These same groups are partnering with Dr. Lynch in his plans to franchise the International School concept. Unfortunately, the head of Garcia Labor, Maximino Garcia, was recently convicted of harboring illegal aliens. Prison officials say that Garcia is unavailable for comment at this time but that Garcia has promised to wire money to help Dr. Lynch.

Fantastic medical news! All the spineless individuals who have sent in anonymous comments to this blog over the past several months have had backbone replacement surgery. They will be sending in all future comments with their real names so that I can post their name/comments.

FLASH! Another apology! Hamblen County Commission Chairman Stancil Ford has apologized to Gwen Holden.

A few months ago, Ford, in response to a question from Holden, told her emphatically that Mayor Purkey had not sent a false $120,000 matching funds document to the state at the start of the Russellville sewer grant work.

Then Ford began to wonder if what he had said in defense of Purkey was true. Ford asked to see the $120,000 matching funds document that is in the sewer grant file in Mayor Purkey's office.

Ford discovered that Purkey did send this false document/resolution to the state and had even included a letter with the false document falsely assuring state officials that the $120,000 spending resolution had passed unanimously at a county commission meeting.

Being a gentleman, Ford graciously apologized to Holden. Ford added that money is not the issue now because the money has already been spent. However, Ford proclaimed that he will not be a party in protecting officials who have created false documents, who have made false statements to state officials, and who have failed to bring spending resolutions to the commission for approval as required by law.

Ford will ask Mayor Purkey to issue a public apology at the April commission meeting. Better hope that Mayor Purkey has graduated from those anger management classes before asking for that apology, Chairman Ford!

Term limits are coming! The Hamblen County Commission and the Morristown City Council are planning to enact term limits for all elected officials setting a maximum of two 4-year terms for any elected office. The rumor is that there will be a term-limit exception for Commissioner Guy Collins and City Councilman Doc Rooney.

More news about news! The Citizen-Tribune from now on will demand documentation about county financial information that it is given and will make corrections about the most flagrant false financial information that it has been given in the past.

This new policy of verification comes after the Tribune realized that its reporters had been "used" and had been given false financial information in the past---false information that was then reported to the public in front-page "news" articles.

One of the first actions in implementing the new policy will have the Tribune printing a front-page retraction of a front-page article that it ran in April 2002 as incumbent county officials used the Tribune to put out false financial information to influence the 2002 elections.

In the article set for retraction, C-T reporter Robert Moore reported that county spending was under control and that county officials say that the 2001 county audit showed that a total of only $14.8 million had been spent out of the General Government Fund, the Garbage Fund, the Highway Fund, and the General Debt Fund.

Moore apparently was not offered and did not ask to see the 2001 audit to check on the accuracy of the 2001 spending data that he was given was reporting.

After several years of this and other "news" articles containing incorrect county financial data, the paper has now decided that it does not want its front page to be used for self-serving government press releases that contain false financial or other data.

The paper and reporter Moore now have a copy of the 2001 audit and have found out that $16.8 million was spent out of the four funds mentioned above---NOT the $14.8 million in 2001 spending that Moore said officials told him was the correct audit amount.

Change in Committee Meeting Times! The Hamblen County Commission has decided that its committee meetings on the 2nd Monday of each month should be held at the same time (5:00 PM) that its regular commission meetings are held. Formerly, committee meetings were held at 10:30, 11:30, 12:00, or 1:00 when working people couldn't make it.

TELEVISING MEETINGS.

The County Commission has decided to tape and televise its committee meetings. The Commission wants to provide a way for those who are unable to attend committee meetings to see what is going on in the same way that the public can see tapes of the full commission meetings.

The Morristown City Council is no longer afraid of televising its meetings. City Council has decided that it will tape and televise council meetings and work sessions on the Charter and MUS FiberNet government/education channels.

Surprise! HCBOE also wants to televise its meetings! In a sudden move, the Hamblen Board of Education has decided that it, too, will tape and televise its meetings. The Board is offering a new civics course for students, and now realizes that televising School Board meetings promotes countywide civics education and keeps the taxpayers informed.

More great School Board/County Commission news for taxpayers! At their April meetings, the School Board and the County Commission will report that there will be no tax hike next year. The School Board will fund improvements to East and West High by using the roughly $4 million in BEP funding that the schools already get for capital outlay and debt service. This $4 million will take care of all financing for the high school improvements.

News to Die(t) for: Hamblen County Commissioners, City Councilmen, and the School Board are on a new trust diet. One heaping serving of honesty, two scoops of openness, and a generous topping of accountability.

And the best news of all! The Hamblen County Commission has decided to pass THE strongest ethics law in the State of Tennessee.

The Commission has decided that conflicts of interest are an absolute disgrace and should be eliminated. Therefore, any commissioner with a personal or family conflict of interest on a matter will not be allowed to vote on a matter. Commissioners have realized that it's a joke to make silly and useless announcements admitting that they have a conflict but adding that their personal or family interest doesn't really have any effect on their vote.

In keeping with its policy to eliminate conflicts of interest, the Commission has also decided that its new Ethics Committee will have NO public officials, government employees, or relatives of either on it.

In addition, the new Ethics Committee will be authorized to actually investigate credible complaints from the public regarding ethical violations by public officials and public employees and may recommend public censure for ethical lapses or referral to state authorities for specific legal violations.

The Commission has decided that the public is tired of "fox guarding the henhouse" politics and ethics.

Late-breaking special report on April 1. Pigs are currently flying in circles over the Courthouse dome, the City Center steeple, and the Board of Education building.

Wednesday, March 21, 2007

March 21, 2007 Sen. Cooper Turns Himself In

Sen. Jerry Cooper who left a reception for legislators and was then injured in a 1-car wreck on Feb. 7 has been charged with DUI.

Blood alcohol tests recently released showed a .18 reading. Cooper's blood alcohol level was twice Tennessee's intoxication standard of .08.

Cooper has been released and faces a May trial on this charge.

Cooper also faces land fraud charges in a separate trial that was postponed until June 4.

Thursday, March 15, 2007

March 15, 2007 State Holidays in Tennessee

The Tennessee Trivia Question posted on March 13 asked for the names of the legal holidays in Tennessee.

There are 11. Source: Tennessee Blue Book 2005-2006, p. 626.

One person got 9 of them.

Here are the eleven in chronological order:

1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Good Friday
5. Memorial Day (also called Decoration Day)
6. Independence Day
7. Labor Day
8. Columbus Day
9. Veterans' Day
10. Thanksgiving Day
11. Christmas Day

March 14, 2007 Sen. Mike Williams (Ind.)

State Sen. Mike Williams, formerly R-Maynardville, is now I-Maynardville. Williams, who recently lost his position as Speaker pro tem, announced today that he is now an Independent.

The switch means that the Tennessee Senate-- which was composed of 17 Republicans and 16 Democrats-- is now 16-16-1.

Wednesday, March 14, 2007

March 14, 2007 Robbing Peter To Pay Paul

Monday's committee meetings were fascinating. It's a real shame that Hamblen County commissioners don't tape and show committee meetings on the cable TV government/education channels.

$1.5 million was given to the school system for architects to do studies and draw plans as decisions are made about what to do at East and West High.

The vote was 12-1. Larry Baker cast the only "no" vote because of concern that the school board plans to tear down the historic old portion of East High. Guy Collins was absent.

Joe Swann made the motion to give the money. Later, a few people realized and reminded Joe that when you spend money, you do have to know where it's going to come from and you do have to include that information in your motion.

And just where is the money coming from? An "inter-fund loan." That's sort of government-speak for robbing Peter to pay Paul on a temporary basis. In this case, though, it's more like robbing Peter to pay Paul and then getting Pansy to pay it back.

Confused? Here goes: The plan is to get the $1.5 million for the schools (Paul) in the form of a "loan" from the Garbage Fund (Peter). Then the Debt Fund (Pansy) will pay off all this newly-acquired Garbage Fund "debt"--debt that wasn't ever really Garbage Fund debt anyway.

The Garbage Fund is just acting as a "middleman" or broker (no pun intended) to funnel the money out of the debt fund.

No one ever asked why the school board had been depleting its School Fund Balance year after year instead of planning for these costs. A few questions came up about maintenance because most people realize that the problems the school board is talking about didn't happen overnight and that millions will have to be spent to fix it all. No answers---just a statement that Maintenance is great.

Joe Swann did manage to rankle several feathers as he blamed the county commission for the problems at East High! Someone get out the coffee and give Joe and everybody else a big whiff.

It's the School Board that is charged with maintenance of the schools and that is responsible for the health and safety of the children.

This is the first time that the school board has come to commission with a request for money to address these problems.

Now I can hardly wait to hear that good fiscal planning has reduced the county's $40 million debt load over the past 7-8 years so that we are in a position to take on new debt without a tax increase!

Don't hold your breath on that one....

Tuesday, March 13, 2007

March 13, 2007 Tennessee Trivia Time

It's Tennessee Trivia Time.

How many legal holidays are observed in Tennessee?
And just for added fun, can you name them?

reply to noe4accountability@yahoo.com

I'll post the answer here on the Ides of March. And that's NOT a state holiday.

Monday, March 12, 2007

March 12, 2007 Conflicts of Interest on State and Local Election Commissions

A recent News-Sentinel article discusses a proposed law to address conflicts of interest on Tennessee state and local election commissions.

There is information about past involvement by election commissioners in Hamilton and Knox counties who advocated and/or wrote letters of endorsement for a particular candidate while these same election commissioners were charged with the conduct of fair elections in their counties.

The Tom Humphrey article also reports that local state Rep. John Litz (D-Morristown) mentioned during hearings in Nashville that two election commissioners in Hamblen County have children who are public officials.

One of the sponsors of the legislation Rep. Bill Dunn (R-Knoxville) thinks that the current proposal would: "... send a signal to commissioners that they need to appear impartial if they are going to be overseeing the integrity of the election process."

Other lawmakers oppose restrictions on election commissioners.

When asked whether he would support Dunn's bill, Gov. Phil Bredesen said he wasn't familiar with the bill's specifics but that "having election commissioners taking part in partisan elections is probably something that ought to be eliminated."

Amen.

March 11, 2007 Hamblen County Government Website Has More Information Now

The Hamblen County government website has tomorrow's committee agendas available.

Commissioner Nancy Phillips and I pushed for the creation of a website shortly after taking office in 2002. Everyone supported this effort, and a basic website was created. However, it never has included a whole lot of information other than names and contact information of officials, various links, and sometimes RFP and bidding data.

Because the website hasn't been expanded and effectively utilized, I spoke before the Commission in January of this year (as a citizen) and asked that more information be posted including committee and commission agendas, committee and commission minutes, budget information, budget amendments, financial reports, etc.

It looks like several committee agendas (including tomorrow's) are available on the website now. To find tomorrow's agendas, go to the website, click on county commission, click on subcommittees, and then click on the Finance Committee or the Public Services Committee and you will be able to see tomorrow's agenda and the time of each committee meeting.

Unfortunately, only the January 2007 minutes of these committees have been posted.

I talked to County Clerk Linda Wilder about posting minutes of the full commission meetings a while back. At that time, she told me that she was still scanning the full commission minutes and that she hopes to post them soon.

When commission minutes are posted, commissioners, the county attorney, and citizens won't have to call or visit the Clerk's Office and thumb through books to find out about official actions and approvals taken at previous meetings. That will save time both for the people who are looking for information and for the people who are providing information.

A good website promotes government openness, transparency, and accountability---and it's easy to have an effective website if public information is posted on the website at the same time that the final document is created or shortly thereafter.

When information on meetings dates and agendas and minutes are posted on the website, it reduces the need for people to call for this information. When financial information and documents are posted and available on the web, it cuts down on records requests.

Hopefully, the next step in the process will be to get all committee minutes posted (going back to September 2006), all commission minutes posted, and to put the county budget, budget amendments, check listings that are approved each month, monthly operating reports, county and school system and M-H Hospital quarterly reports, contracts, county attorney billings, and lots of other government records on the website.

Posting records to the Hamblen County website should be routine. Internet and electronic access to public records is growing and is good for Tennessee government and for Tennessee citizens.

Saturday, March 10, 2007

March 10, 2007 Rumors of Change

I'm hearing lots of rumors from two or three different sources that a big announcement and perhaps even a job change in Hamblen County Government might be coming---maybe within the next month or more.

It could all change in the twinkle of an eye, but I'm hearing that an elected official just might have decided that the heat is too hot here. While he's been drawing a handsome salary from Hamblen County, he has apparently been out job hunting elsewhere.

If everything works out-- and there are probably still some details and timing to work out--you can bet that the move will be quick.

Of course, there will be an announcement that a "wonderful opportunity" has suddenly come available.

Of course, he'll say that he has been presented with a "real challenge."

Of course, he'll say that he hates to leave. Of course, he'll add that he just can't pass this up.

The departing statement will make it sound like he's had a tough time making a decision when really he's been working to get another job for a long time.

March 10, 2007 Conflicts of Interest: The Beat Goes On

Greg Johnson, Knoxville News-Sentinel columnist, shines the light on another conflict of interest in county government. The entire column is worth a read.

The story of conflicts, this time, starts in nearby Sevier County.

Due to the recent death of the longtime Sevier County Sheriff, the Sevier County Commission had to pick a replacement. They went through all the right motions. They set up a committee, held a public hearing, allowed public comment.

Sounds good, but actually there were three problems. Three commissioners work for the sheriff's department and get a sheriff's department paycheck each month along with, of course, their county commission paycheck. These three commissioners, one of whom chaired the committee that recommended the new Sheriff, all got to cast a vote for their new "boss."

Johnson says, tongue firmly planted in cheek, "Wonder how those three will come out the next time raises are awarded?" He could have added that job security for these three is also mighty high now unless they go out and murder somebody.

Sevier is just one of the most extreme examples of double paychecks and conflicts of interest in county and city governments across the state.

Eliminating conflicts of interest is extremely important---to me, it ranks right up there with accountability, fiscal responsibility, and open government. That's why I'm particularly glad to see that the light is now shining on these issues statewide.

Hamblen County has conflicts, but nothing will really change here until state action is taken to apply to all counties. The conflicted will never fix the problem.

According to Johnson, "While it seems to make perfect sense that the inmates shouldn't run the asylum, we're talking about county government here."

It took the Tennessee Waltz to force ethics reform and legislation. Widespread exposure of conflicts of interest may be the catalyst that gets something done in this area.

Commissioners across the state know about the problem. A Maury County Commissioner, Glen Hasse, has stepped up to push this issue at the state legislature. Commissioner Hasse, according to Maury County Mayor James Bailey, Jr., wants to get rid of the two-paycheck "conflicted" commissioners.

Sen. Bill Ketron, R-Murfreesboro, and Rep. Tom DuBois, R-Columbia, are sponsoring the bills (HB 0433 and SB 0880) in the state legislature to bar county employees from serving on county commissions beginning in 2010.

Johnson's article is very timely and follows by just a couple of days my March 7 post "One County Paycheck is Enough" on this legislation.

As Johnson says, watch the conflicted do some fancy posturing in opposition to this bill and expect to hear them do a lot of "caterwauling."