December 25, 2016 Merry Christmas

Peace, Joy, and Love...


Classical Christmas music: Celtic Woman.

December 7, 2016 Pearl Harbor 75th Anniversary

December 7, 1941, started as a typical Sunday morning at Pearl Harbor, the U.S. Navy’s Pacific Fleet Headquarters on the Hawaiian island of Oahu.  That is, until shortly before 8 a.m., when Japan launched roughly 200 planes from six aircraft carriers in its first wave of Operation Hawaii—forever to be known by Americans as “the attack on Pearl Harbor” or just “Pearl Harbor.”



The attack absolutely shocked the American public, as most of their attention was focused on Europe and Hitler’s two-year, two-front war of conquest.  The United States fleet at Pearl Harbor suffered severe damage or destruction of 18 ships, including the battleships Arizona, Oklahoma, California, Nevada and West Virginia—and more than 2,400 United States service personnel were killed.




Despite Japan’s initial success, it failed to deliver the knockout punch on the U.S. Pacific fleet that it had hoped for. What the attack did manage to do was rally Americans behind their government, which until that time was sharply divided between the pro-war “Hawks” and the anti-war “Isolationists.”



The day after Pearl Harbor, December 8, President Franklin Roosevelt asked Congress for a declaration of war, which was answered with resounding support by a vote of 82-0 in the Senate and 388-1 in the House.

The rallying cry throughout World War II was “We’re All in this Together."

November 11, 2016 Veterans Day

Thank you to all who served and are serving in the armed forces of the United States of America,

July 4, 2016. Independence Day

I found the following link to a video reading of the Declaration of Independence on an attorney's blog:

https://m.youtube.com/watch?v=DSKOx8DKPIg

I enjoyed it, and I hope you do, too.

May 19, 2016 County Commission Executive Session: Settlement?

County Attorney Chris Capps is holding an executive session with his clients (county commission) today at 4:15.


Best bet is that the major topic is a proposed settlement of the Sheriff's salary suit against the county.


After the trial of this matter, Brittain told Capps and the other attorneys hired to represent the county to file an appeal. That appeal has not been heard.


Because this is not a meeting open to the public, the commissioners can not deliberate, take a vote, or make a decision to accept or reject a settlement while in executive session.


If commissioners want to make a decision about a settlement, yes or no, they must come out into the "sunshine" of an open meeting.

Sheriff's Salary Suits: A Summary from CTAS (County Technical Assistance Services)

Sheriff's Salary Suits--Excerpts from CTAS Manual (County Technical Assistance Services):

"[T]he Sheriff has sole discretion to request the number of assistants he believes are ‘actually necessary to the proper conducting’ of his office, as well as the salaries he feels are necessary to attract and retain them.” [Cite]...

The petition must be filed by the sheriff within 30 days after the date of final adoption of the budget for the fiscal year...

In the petition, the sheriff must name the county mayor as the party defendant. The county mayor is required to file an answer within five days after service of the petition, either admitting or denying the allegations of the petition or making such answer as the county mayor deems advisable under the circumstances...

The court will develop the facts, and the court may hear proof either for or against the petition. The court may allow or disallow the application, either in whole or in part, and may allow the whole number of deputies or assistants applied for or a less number, and may allow the salaries set out in the application or smaller salaries, all as the facts justify...

Either party dissatisfied with the decree or order of the court in the proceedings set out above has the right of appeal as in other cases. Pending the final disposition of the application to the court, or pending the final determination on appeal, the sheriff may appoint deputies or assistants to serve until the final determination of the case, who shall be paid according to the final judgment of the court. T.C.A. § 8-20-106...

The cost of the suit is paid out of the fees of the sheriff’s office. The sheriff is allowed a credit for the same in settlement with the county trustee. T.C.A. § 8-20-107... 

Pursuant to T.C.A. § 8-20-105, it is the duty of the sheriff to reduce the number of deputies and assistants and the salaries paid them when it can be reasonably done. The court or judge having jurisdiction may, on motion of the county mayor and upon reasonable notice to the sheriff, have a hearing on the motion and may reduce the number of deputies or assistants and the salaries paid any one or more when the public good justifies.

For more information: http://ctas-eli.ctas.tennessee.edu/printpdf/book/export/html/39

 

Brittain Decides To Appeal Court's Decision in Sheriff Jarnagin's Salary Suit

Hamblen County Mayor Bill Brittain has decided to appeal the decision entered on April 14, 2016, in Sheriff's Jarnagin's salary suit.

 

Brittain is appealing the Circuit Court decision to the extent it authorizes Jarnagin to hire additional deputies, with equipment, and awards attorneys' fees to the sheriff.

The appeal was filed April 22, 2016.  

Tomorrow's post will have more on sheriff's salary suits and a link to CTAS (County Technical Assistance Services) information. 

Public Services Committee Rejects Ford's Resolution Asking that MUS Build-out in Populous Areas of Hamblen County Before Going into Other Counties

At the March 7, 2016, Public Services Committee meeting, Hamblen County Commissioner Stancil Ford introduced a resolution to request that MUS build out its Fibernet service in Hamblen County before entering into a plan to provide Fibernet outside of Hamblen County.

The resolution asking that MUS build out in Hamblen County before jumping county lines was voted down in a 6-3 vote. 

Commissioners Stancil Ford, Tim Goins, and Johnny Walker voted FOR the request.

Commissioners Howard Shipley, Rick Eldridge, Randy DeBord, Hubert Davis, Joe Huntsman, and John Smyth voted NO to the request.

Here are videos of the discussion:

Part 1

Part 2



Tennessee Coalition for Open Government (TCOG) Blogs on Hamblen County Government

The Tennessee Coalition for Open Government has a blog post about Mayor Brittain's action in censoring and editing public comments OUT of the videotape of the January 2016 Commission meeting,

 

Here is the link to the TCOG post:

http://tcog.info/hamblen-county-decides-to-exclude-public-comments-from-videotape/

 

TCOG supports transparency and open government at all levels.

Hopefully, Mayor Brittain and Chairman Eldridge and those unnamed and so-far "silent" commissioners who want to censor and edit tapes of Hamblen County Commission meetings are having second thoughts.

When you start censoring and editing tapes of public meetings, you are starting down a slippery slope.

When your first censoring and editing adventure is to edit public comments out of tapes of public meetings, you are on the most slippery slope of all! What is next?

Stopping the taping altogether?

Stopping public comments altogether?  

Both?

 

Censoring tapes of public meetings is not just a problem in itself. It is a symptom of a deeper problem and attitude toward the public.

There was never, to my knowledge, any censorship or editing of tapes of commission meetings during the past 12+ years of taping.

Why did Mayor Brittain decide in January 2016 that it was suddenly time to censor and edit public comments out of the tape of the meeting?

First, it's not his meeting.

Second, it's a meeting of a public body and public comments are on the published agenda of that public meeting.

Some commissioners may not like certain members of the public who speak at meetings.

Some commissioners may not agree with some of the public comments that are made at meetings.   

The Mayor may not like some members of the public and may not agree with some of the public comments that are made at meetings.

That's fine. That's understandable.

But that is not a justification for the Mayor and (some) Commissioners to decide to censor a tape of a public meeting in a misguided attempt to get back at those members of the public whom they personally dislike or who express opinions with which the Mayor and (some) commissioners disagree.

This is America. 

Public officials should not be promoting government editing and censorship of tapes of public meetings.

February 21, 2016 Mayor Brittain Directs That Tapes of Commission Meetings Be Censored To Remove Public Comments

Hamblen County Mayor Bill Brittain and every County Commissioner will say (I hope) that they believe in open and transparent government.

The local media says that it supports open and transparent government, running editorials every March supporting "Sunshine Week," a statewide celebration of Tennessee's Open Meetings and Open Records Acts.

After the January 14, 2016, commission meeting, I received information that Mayor Brittain had told the individual taping the meeting to cut the camera off during the portion of the meeting when public comments were made. I was very concerned about this, and I explained what I knew about this censorship to the commission at its February 18, 2016, commission meeting.

The video shows Mayor Brittain admitting that he asked the individual taping the January 14, 2016, commission meeting to censor the taping of that meeting by turning the camera off during the public comments portion of that meeting. 

Commissioner Johnny Walker asks if Brittain has the authority to direct that the camera be cut off during public comments. Walker then asks Brittain why he ordered the editing of the tape. Brittain responds: "I thought that it was in the best interest of the meeting."  Walker responds: "That portion of the meeting is not important? I didn't hear you." 

Commission Chairman Rick Eldridge then states that removing public comments from the tape of the public meeting was some sort of "compromise." Eldridge does not state who was involved in the  "compromise," when discussions about the taping/censorship occurred, or when the "compromise" was voted upon.

Why is this commission secretly agreeing to some sort of "compromise" to censor the tapes of its public meetings to edit public comments out of the tapes?  This type of censorship and editing of a public meeting is something you would only expect to hear about in a third-world country.

What is it about a three-minute comment by a citizen that terrifies the mayor and at least some county commissioners to the point that they secretly reach an agreement outside of a public meeting to censor public comments out of the official tape of a public meeting of the Commission?

SOME HISTORY BEHIND THE TAPING OF COUNTY COMMISSION MEETINGS:

Hamblen County Commission meetings have been taped for the past 13 years.

When I ran for county commission in 2002, taping and airing public meetings was a key part of my platform.

Upon taking office in September 2002, newly-elected Commissioner Nancy Phillips and I pushed for the taping. Ms. Phillips took the lead in working with Charter to get cameras and related equipment donated. She and I obtained a local donation of microphones, a soundboard, and related equipment. 

For nearly 13 years, the entire meeting was taped from start to finish, including public comments which were and still are part of each meeting.  The local cable providers then aired the tape of the entire meeting on the local PEG (public, education, and government) channel(s).

Sometimes I agreed with a citizen making a public comment. Sometimes I disagreed. I never attempted to restrict a citizen's right to speak, nor did I ever propose secretly or openly that the tapes of commission meetings be edited to remove public comments by anyone.

 



January 11, 2016 Hamblen County Audit Findings for Fiscal Year 2015

The Hamblen County audit for fiscal year 2015 (7/1/14-6/30/15) is on the State Comptroller's website.


Click here to see the audit.


Findings are reported on pages 212-215.


The Mayor's office had two findings:


2015-001 Accounting records were not maintained on a current basis for the audited year FY 2015 and beyond.


The Mayor's office did not reconcile general ledger cash accounts with the Trustee's office from March 31, 2015-June 30, 2015 on a timely basis as required by Tennessee Code Annotated 9-2-138.


The Mayor's office did not post revenues to the general ledger for July and August 2015 until October 2015.


2015-002 Tennessee Consolidated Retirement System (TCRS) payments were not remitted timely resulting in the assessment of penalties. 


Retirement contributions for the month of May 2015 were not remitted to TCRS timely as required by Tennessee Code Annotated 8-35-206(g) resulting in the assessment of $5,038.00 in penalties.


There was a finding involving the Highway Commission:


2015-003 A county road list was not submitted to the county commission for approval at its January 2015 meeting as required by Tennessee Code Annotated 54-10-103.


There is a finding involving the Trustee's Office:


2015-004 Certain accounts maintained by the Trustee were not adequately collateralized/secured.


The Trustee was not able to provide documentation that funds exceeding $1,034,000 in a brokerage account were adequately secured in May, June, and July 2015.


There were two certificate of deposits totaling $495,544 at one financial institution. This amount exceeds FDIC insurance limits of $250,000 by $245,544. The trustee provided a list to the depository with directions not to deposit more than $250,000 in one financial institution but did not monitor the subsequent report which showed $495,544 in one institution.