December 31, 2009 Happy New Year 2010!!

On this New Year's Eve, I wish a very Happy New Year to all readers.

And starting tomorrow.....we all have to remember to write or type 2010 on checks, correspondence, and forms---and blog posts!  

December 24, 2009 Merry Christmas

On Christmas Eve, I wish to all a very Merry Christmas!

One of my favorite Christmas songs is The Little Drummer Boy.

The Little Drummer Boy and many other Christmas favorites (lyrics and videos) can found by clicking here.

THE LITTLE DRUMMER BOY

Come they told me
Pa rum pum pum pum

A new born King to see
Pa rum pum pum pum

Our finest gifts we bring
Pa rum pum pum pum

To lay before the King
Pa rum pum pum pum,
rum pum pum pum,
rum pum pum pum

So to honor Him
Pa rum pum pum pum
When we come

Little baby
Pa rum pum pum pum

I am a poor boy too
Pa rum pum pum pum

I have no gift to bring
Pa rum pum pum pum

That's fit to give our King
Pa rum pum pum pum,
rum pum pum pum,
rum pum pum pum

Shall I play for you
Pa rum pum pum pum
On my drum

Mary nodded
Pa rum pum pum pum

The ox and lamb kept time
Pa rum pum pum pum

I played my drum for Him
Pa rum pum pum pum

I played my best for Him
Pa rum pum pum pum,
rum pum pum pum,
rum pum pum pum

Then He smiled at me
Pa rum pum pum pum

Me and my drum...

December 22, 2009 Chief Justice Holder Gets Hacked (Almost)

For martial arts fans --and the just plain curious--click on the link below to see a video of Chief Justice Janice Holder, Tennessee Supreme Court, lying on a table while a martial arts instructor slices a bell pepper with a sword. 

Oh, I forgot to mention that the bell pepper in question is sitting on top of the Chief Justice's stomach...and the martial arts expert is blindfolded!

Click here to read the story and see the video.

December 19, 2009 Lynn Wolfe Lawsuit Against Sheriff Esco Jarnigan Goes Forward

The long-running Lynn Wolfe v. Esco Jarnigan lawsuit is poised to proceed.  According to an article in the Knoxville News-Sentinel (click here), the 6th Circuit Court of Appeals recently turned aside Jarnigan's efforts to have the entire case tossed out before a trial.

The News-Sentinel articles often contain links to court documents. Magistrate Dennis Inman's memorandum and order is here.  The 6th Circuit's opinion is here.

December 19, 2009 Lawyer: Yes, I Bit Off Part of a Man's Nose. No, I Didn't Swallow It

A Memphis lawyer is being sued for $5 Million dollars for biting off part of a man's nose. Memphis attorney Mark Lambert admits to biting off part of the nose of Greg Herbers. Lambert denies swallowing it. Lambert is headed for legal stardom a la ear-biting heavyweight boxer Mike Tyson.

The incident occurred as part of an altercation that began in a men's restroom at a popular Memphis restaurant.

Herbers' complaint alleges that two individuals were occupying a restroom stall talking to Lambert while Lambert used a urinal. Herbers asked the two men to exit the stall since they were not using the toilet. That request precipitated a confrontation with Lambert who has admitted to biting off a part of Herbers nose but now claims self-defense.  

No point in describing this any further or commenting. The story is here.  Unbelievable.

December 16, 2009 City Council Votes 5-2 To Proceed with ETPC Land Acquisition

In a tense meeting yesterday where there was at least some actual "public" discussion by councilmembers of an issue before the city council, the council voted 5-2 to proceed with appraisals and acquisition of land in the East Tennessee Progress Center (ETPC).

The head of the Industrial Board, R. Jack Fishman, was not present at this meeting. Previously, he had spoken twice to council about this land acquisition--once in a work session and once in a Finance Committee meeting held in a small conference room near the Mayor's office. Fishman did not choose to appear at yesterday's regular city council meeting to present the Industrial Board's case or to field questions about the proposal.

In light of the city's pathetic financial condition and the recent cutting of hours of city employees, Councilmember Gene Brooks asked where the money would come from for the appraisals and land acquisition. [The city was broke as of 6/30/08 and only recently paid back a $2.5 Million loan from its sewer fund that had helped cover up its dire financial status]. 

Mayor Barile mentioned that the city had recently sold some of its property to MUS (Morristown Utility Systems). She said that money could be used to help pay for the land acquisition. The property she was referring to was some acreage on Sulphur Springs Road that the city had acquired years ago to erect a public works facility.  Because of the city's financial condition, the Mayor negotiated a deal for MUS to purchase that property from the city for just over $300,000. 

Despite offering her assurances that the $300,000 could be used, the Mayor did not state where the additional $1 Million+ would come from for appraisal costs, land acquisition costs, and possible court battles if the city decides to invoke eminent domain on property owners who do not want to sell at all or who do not want to sell for the price that the City/Industrial Board/Jack Fishman offer.

More will follow in coming posts.

December 11, 2009 City Finance Committee Puts ETPC Land Acquisition by Purchase or by Eminent Domain on December 15 Agenda

The Finance Committee of the City of Morristown met at 3:30 PM yesterday in the little conference room near the City Administrator's office.  The room---which can only hold about 10-12 people comfortably--was full. The Mayor and councilmembers were seated around the table with Jack Fishman, Bobby Moore (Tribune reporter and employee of Jack Fishman), and a few department heads. Frank McGuffin, chair of the Finance Committee, was late in arriving.  Councilmember Kay Senter was not present. 

A few people managed to find a seat inside the room, others stood inside the room, and still others, including some city department heads and sewer consultant Lamar Dunn, stood in the two doorways or in the hallway.

[Despite the larger council chambers right next door and a large community room upstairs in the multimillion dollar City Center, the Finance Committee meets in a cramped conference room that is probably not larger and is likely smaller than the City Administrator's office. This conference room is also a secluded meeting place for unannounced meetings of the Mayor and Councilmembers to discuss and deliberate on public business privately prior to walking into the council chambers to vote, but that is a separate issue that I will address more fully in the coming weeks.]

Jack Fishman, who is the longtime head of the Industrial Development Board and President of the company that owns the local newspaper (the Citizen Tribune), wants the City to go ahead and approve acquisition of privately held land in the East Tennessee Progress Center (ETPC). 

Click here to see the previous post about the private land that Fishman wants the city to purchase from willing owners or take by force through eminent domain from any who don't want to sell their land.

Fishman said that he recently obtained local employment figures for 2002 and 2009 from the state employment office.  He said that these figures show a "startling" loss of 5,000 local manufacturing jobs during that time, explaining that there were about 13,000 manufacturing jobs in the area in 2002 and in 2009 there are just over 8,000.  Most people are not startled by that figure. Most people have known about and have been concerned about the exodus of local manufacturing plants to Mexico and China for a long time.  Many of these same people have lost their jobs because of the "sucking sound" of jobs leaving this country for cheap labor, less regulation, and lower taxes.

Fishman said, "Our situation is not good." He added that the Industrial Board had been through a 2-year "hiatus" of no prospects.  Apparently, there are now two new industrial prospects (1 foreign company and 1 domestic company) along with a possible plant expansion of an existing industry.  Fishman used code words for the two new prospects that have completed preliminary surveys.  He said that they each would require about a 90-acre site if they eventually decide to locate here. He added that Thom Robinson, director of the Chamber, was not present at the Finance meeting because he was working with a prospect and "I sent him to 'bow'."

[Fishman added that most companies start by selecting about five states and then checking out four locations in each of those 5 states. The company then does a preliminary evaluation of those 20 sites, conducts additional research, narrows the choices down, and, of course, makes site visits before making a selection.]

A map of the Master Plan for the ETPC was flashed on the screen.  Randy Corlew, engineer for the Industrial Board, discussed the Master Plan. Fishman said that he doesn't want to invite industry to our community if "I don't have a place to put them." 

Claude Jinks said that he can't believe what has happened in the past two years.

Mayor Barile said we can see the problems in the increase of people at the Daily Bread.

Bob Garrett said, "Put it on the agenda." Then he said (jokingly), "I want to thank Mr. Fishman for coming and bowing to us."

Fishman said the Industrial Board could probably have an appraiser by February. The appraiser will determine Fair Market Value for the property, an offer will be made, and then the purchase/sale will "close."  Neither the Mayor nor any councilmember asked what happens if a private property owner does not want to sell. Of course, they already know that Fishman's answer to that question would be--- "Take it" through eminent domain. They also already know that Fishman has prepared an ordinance for them to pass that provides for just that-- "taking" the property of anyone who does not want to sell through eminent domain proceedings.

If eminent domain is used, this could end up being a negative for industrial prospects. Often new industry is hesitant to come and locate on land that has been taken from its owners agains their will. If there are several industrial locations available, most companies would prefer to locate on land that has been developed without the ill-will created by the use of eminent domain.
In light of recent city cutbacks of employee hours and other financial concerns, Gene Brooks asked Fishman how the city could pay for the private land that is currently appraised at about $1.3 Million.

Fishman first said that he is not the Finance Director for the city. Then he added that he would recommend  borrowing the money through the issuance of bond anticipation notes over the 3-year phased acquisition period.

Perhaps Fishman should have stayed to hear more about the city's situation, but he left before the city's sewer meltdown was discussed.

December 7, 2009 Pearl Harbor Day

Pearl Harbor Day. December 7, 1941. 
The day after the surprise attack on Pearl Harbor, President Franklin D. Roosevelt inspired the nation with a moving speech before Congress. See and hear the speech here.

The News-Sentinel has an article on an 86-year old man who enlisted in the navy as a teenager just five months prior to the attack on Pearl Harbor. On December 7, 1941, Ed Johann was serving as a seaman, ferrying passengers to and from the USS Solace, a hospital ship moored at Pearl Harbor. He saw planes coming toward the harbor and thought they were American planes conducting drills. Johann only realized that they were Japanese planes when the explosions began and the screams of American sailors could he heard.  Johann will return to Pearl Harbor for the first time today.

December 5, 2009 Public Notice: City Announces Three Different Early Closing Times on Fridays

According to a new public notice just a couple of days ago in the Tribune, the City of Morristown now has three different early closing times on Fridays.                                                                                       Click on the notice at left to enlarge. The City Center will close early at 3:30 PM on Fridays. The Public Works Department will close early at 2:30 PM on Fridays. The Parks and Recreation Department will close early at 4:00 PM on Fridays.                            

December 3, 2009 City Council Meeting: Sewergate To Cover-up Bankruptcygate?

In a previous post (click here), I mentioned the City of Morristown's illegal transfer/loan of $2.5 MILLION dollars from the city's sewer fund to the city's general fund in the fiscal year ending 6/30/08. Former City Administrator Jim Crumley apparently authorized the transfer to cover up the "poor" cash situation of the general fund.

The city's auditor is Craine, Thompson & Jones. Terry Winstead of CTJ (click on e-mail below) states that Tom Jones of CTJ was present in a meeting when Crumley authorized the transfer but that CTJ's auditing "independence" and objectivity were not lost because while Jones knew about the entry, he (Jones) didn't physically  make the entry himself.   So Jones was in the meeting where the entry was authorized. Jones then completed his audit of the city's books and recorded the $2.5 MILLION switcheroo as an inter-fund loan.  BUT Jones did not report that this $2.5 Million "inter-fund loan" had not been approved by council (as is required). AND Jones did not report that this $2.5 Million "loan" had not been approved by the State Comptroller's Director of Local Finance (as is required).

At left is Winstead's e-mail to Wampler describing how the $2.5 Million "entry" for fiscal year 2008 came about and then disavowing any direct involvement by auditor Tom Jones-- Jones just happened to be there when the entry was authorized.  On the November 2009 e-mail, there is also a written notation by Wampler stating that Dynise (Robertson), the city's finance director, informed Wampler that the $2.5 Million 2008 sewer to general fund transfer was "transferred back last week."  No mention of who authorized the transfer-back or why the transfer-back, like the initial transfer, did not go through council.

The scariest part of the note is Wampler's second statement: "We will have to transfer most of that money back to the General Fund before the end of the fisical (sic) year."   Why? To cover up a poor financial situation again?  After the whopping property tax increase of 2007, after the sales tax increase of 2008, and after red light cameras were installed for even more revenue, is Wampler's comment a warning that the city may still not have enough funds for general government operations at the end of FY 2010 (6/30/10) and will somehow need another sewer loan as a cushion?

At city council yesterday, Charles Cook asked Mayor Barile if she knew about this $2.5 Million sewer fund to general fund transfer in 2008. She said she didn't recall being told at the time.

Cook then passed out an e-mail that I had received from the Director of Municipal Audit (Dennis Dycus) in the State Comptroller's office in response to questions about (1) whether a temporary transfer of money from the sewer fund to the general fund could be made (no) and (2) how an inter-fund loan from sewer to general fund should be handled (carefully).  [Cook had blacked out my name on the e-mail so the city officials could concentrate on the contents of the e-mail itself.  By now, the Mayor and/or some members of the council or others have probably called up the state to find out who was asking questions when in reality it is the Mayor and the councilmembers who should have been asking this and many more questions all along.]

Mr. Dycus, Director of Municipal Audit, simply confirmed the obvious. There has to be local approval of an inter-fund loan by the city council. Then the loan is sent to the Division of Local Finance in the State Comptroller's Office for approval.  Dycus twice notes that any loan of this type has to be an arms-length business transaction and that the going rate of interest has to be paid by the fund that is borrowing the money. In the city's case, the general fund (largely funded by taxes) borrowed the money and should have paid interest to the sewer fund (largely paid by ratepayers) that made the $2.5 Million loan. Click on the e-mail below to enlarge.

Because of the illegalities of the handling of the funds transfer/loan and because the whole thing was cleverly orchestrated to cover-up the dire (essentially bankrupt) financial situation of the city's general government fund, Cook referred to this matter as "sewergate."  Maybe it was "sewergate" to cover up Morristown's "bankruptcygate."

Now click again and read Wampler's last statement in his hand-written note on Winstead's e-mail. "I will develop a fund transfer policy as soon as I can."  Transfers are not allowed.  No need for a transfer policy.

An inter-fund loan from sewer to general fund can be made, BUT it must be an arms-length transaction that is first passed by the council and then approved by the state. The Dycus e-mail pretty much outlines the procedures for such an inter-fund loan. Maybe the city should consider following state law as its inter-fund loan policy!

Of course, maybe the city would not have to borrow money from its sewer fund at all if the Mayor and councilmembers managed the taxpayers' money responsibly and didn't pass every nice-sounding spending proposal that comes around plus borrow and spend every penny that they can get their hands on.

Mr. Cook pointed out to the Mayor and Council that they could and should have known about the $2.5 million switcheroo (my word) if they had ever actually looked at the 2008 audit.  He also pointed out that they could and should have known that the city's 2008 general fund balance of $3,431.536.00 was all smoke and mirrors (my words) if they had actually looked at the audit. 

The $3,431,536.00 fund balance was largely a charade, but you had to ask questions or you had to be paying attention to see the charade.  Every penny of the 2008 "fund balance/rainy day fund" of $3,431,536.00 was  reserved or set aside (1) to pay back the sewer loan ($2,500,000.00), (2) to pay existing contracts ($995,419.00), and (3) to pay other bills owed by the city ($135,617.00). 

Real available general fund balance/rainy day fund as of 6/30/08. Zero!

Now how many times do you reach the end of the year (December 31) and your debts and bills are EXACTLY, down to the penny, what is in your checking account (fund balance) at that point in time?

Yet, that's what the city's 2008 audit would have the taxpayers believe. The audit suggests that the city's checking account (fund balance) had EXACTLY $3,431,536.00 in it as of 6/30/08 and that the city's current debts and bills just happened to total EXACTLY $3,431,536.00 as of 6/30/08.  An unbelievable coincidence? Smoke and mirrors? Or plain old local hoodoo economics?

December 2, 2009 The Draft Contract for City Administrator Anthony Cox

The first image (left) is the first page of a 7-page draft of the proposed city administrator's contract that was approved yesterday at City Council. The other pages (2-7) of the draft contract are in order at the end of the blog text.  You can click on each image to enlarge it for reading.

At yesterday's council meeting, the "contract" was approved without a mention of the terms of the contract by the Mayor or any councilmember.  Click here for my earlier post about council's lack of "public" discussion in the "public" meeting to consider this contract ("public" business).

Page 1 is a general recital of the city's desire to employ Cox.  The 2nd page is Cox' Compensation (salary), Benefits, Vacation and Sick Leave. Page 3 is Retirement (Tennessee Consolidated Retirement System and ICMA Retirement (International City and County Management Association) and General Business Expenses.

Page 4 includes Termination and Severance. Page 5 is Resignation, Outside Activities, Moving and Relocation Expenses, and Indemnification. Page 6 includes Bonding, Other Terms, and General Provisions.  Page 7 is for the signature of the parties.

While the council did not "publicly" discuss the salary or benefits yesterday, you can view a draft contract and its terms on this blog, and you can read about most of the terms in today's Tribune article by Bob Moore.  Moore did not get the salary and benefits information for his article during the "public" portion of the council meeting because there was no discussion of those terms during the "public" meeting. Moore got his information from City attorney Dick Jessee who gave Moore a copy of a draft contract with handwritten notes made by Jessee. The link to Moore's article is here. But jump on it fast because the Tribune usually disables its links quickly.

December 2, 2009 Council Approves New Administrator's Contract But Never Mentions a Salary Amount or Benefits during the "Public" Discussion of "Public" Business at a "Public" Meeting

At yesterday's public meeting, the Mayor and City Council passed an employment contract to forward to Anthony Cox, the city-administrator select, for his consideration.

During the "public" discussion and deliberation of the contract, Mayor Barile and council seemed nervous. 

It seemed like they were talking in some kind of special, private code.

In most contract discussions, the contract amount is mentioned. Not so during yesterday's "public" discussion of the new administrator's contract.

In most contract discussions, there is discussion of other payments (like benefits, perks, car allowances, pre-negotiated severance terms). Not so during yesterday's "public" discussion of the new administrator's contract.

"Public" discussion of "public" business at a "public" meeting" has not exactly been a hallmark of city government lately.  Yesterday's "public" discussion of "public" business was unusual and that is putting it mildly.

November 29, 2009 Mayor Barile and Councilman Frank McGuffin "Fast-Track" Contract with New City Administrator

The City Council Agenda is here. It lists the contract with the new city administrator as one of the items [IX (1)] for consideration at the council's 4:00 PM meeting at the City Center on Tuesday, December 1.

IX (1). Approval of an employment contract with Anthony Cox to serve as city administrator.

Mr. Cox was selected on November 24, 2009, at a special called meeting of the council at 11:30 AM. Mayor Barile was set to negotiate the contract with Cox. When a councilmember suggested that a councilperson be put on the negotiating team, Barile appointed Frank McGuffin to help her. 

Let's see. Public "meet-and-greet" of administrator candidates and council interviews on Thursday (11/19) and Friday (11/20).  Selection made on Tuesday (11/24), Thanksgiving on Thursday (11/26), and the employment contract is already on the council's agenda on the city website by Friday (11/27). 

Barile and McGuffin put this contract on the fast-track. Of course, Pat Hardy of MTAS, who thinks that Jim Crumley is an excellent administrator, has already given the council some money guidelines and other contract suggestions.

Hopefully, Barile and Frank McGuffin and City Attorney Dick Jessee (who is Frank's uncle) have crafted a contract that adequately protects the city from a repeat of the situation which arose with Crumley.

Hopefully, this contract will provide that in the event that it is discovered--shortly AFTER termination for cause or shortly AFTER voluntary resignation or retirement--that the city administrator violated state law, the city charter, or local ordinances in the conduct of his office, then he/she must pay back to the city all monies and the monetary value of all benefits paid to or for him/her as part of a contractual or negotiated severance package.

The council thought Crumley was absolutely wonderful when he was selected about eight years ago, and Crumley may have performed satisfactorily for a time.  Some of the councilmembers who selected Crumley are still on the council today. If a provision as noted above had been included in Crumley's contract or in the negotiated severance package, it might have allowed the city to get back some or all of the $145,000+ severance package that Crumley was given. Click here.

Cox is the council's pack for city administrator. He appears to have the financial qualifications for the position, and he very well may be the excellent administrator that the city really needs at this point. 

After the Crumley fiasco, however, the employment contract with the city administrator (no matter who it is) should provide protection to the city as well as to the administrator in the event that something goes wrong down the road--and in the event that illegal conduct in office is discovered shortly after termination/ resignation.

With Crumley, it came out shortly AFTER he left office that he apparently violated the law in the conduct of his office. The severance money, however, had apparently already been paid by then, and neither the original employment contract nor the negotiated severance contract provided a way to get such payments back or terminate benefits in the event that illegal actions were discovered shortly AFTER any termination or resignation/retirement.

The Mayor and McGuffin---and the entire council---are charged with looking out for the city in a business-like manner in drawing city contracts. Once burned, twice shy. This is a contract that should be carefully prepared, read by all councilmembers, and thoughtfully questioned and considered before a vote is cast.

November 26, 2009 Happy Thanksgiving

Happy Thanksgiving to All.

November 25, 2009 Anthony Cox Selected as New City Administrator

Not surprisingly, Anthony Cox of Radford, Virginia was named the new Morristown "city administrator-select" at yesterday's 11:30 AM special called meeting of council. Wonder how many working taxpayers were able to leave work and make it to that meeting?

Pat Hardy of MTAS and Interim City Administrator Lynn Wampler had presented the council with a slate of four finalists from which to select a new city administrator to replace the "retired" Jim Crumley.

Two of the four finalists (Angie Carrier of White House, TN and Jody Baltz of Tullahoma, TN) were placed among the final four at the last-minute because of their "close acquaintance" with MTAS' Pat Hardy and Interim City Administrator Lynn Wampler. Although Baltz met the advertised qualifications for the job, selection of Carrier or Baltz would have raised eyebrows since apparently both got an automatic pass to the final four--with no telephone interview--based on MTAS connections.

Of the two who went through the entire process and who actually interviewed with Wampler prior to their inclusion as finalists (Anthony Cox and James Payne), Cox emerged the winner. 

Cox has many tasks before him--chief of which is cleaning up the financial mess left by Crumley and company.  Hopefully, the Mayor and Councilmembers are now ready to pay attention and  be active  participants in the operation of city government instead of being a rubberstamp.

Regardless of who is City Administrator, the buck always starts and stops with the Mayor and City Council.

The Mayor and Council appoint an administrator, but they can't just walk away at that point and give free rein to that person, no matter who it is.  Absolute power corrupts absolutely. The absolute power given to Crumley led to the current financial debacle at the City Center with a huge assist by a Mayor and Council who fiddled while Morristown burned.

Government at all levels should be a system of checks-and-balances. The Administrator is "selected" to be the day-to-day point man at the City Center, but the "elected" Mayor and Council are the people's   representatives in setting policy and acting as a check-and-balance on the power given to the administrator.

Morristown needs an honest administrator who will operate city government like an open book and in a financially responsible manner. Morristown needs honest budgeting without the inflated revenue projections, bloated spending, and excessive borrowing/debt of the past.  
 
Anthony Cox has a huge task before him. 

He can't go wrong by relying on the two most basic tried-and-true financial principles:  Don't spend more than you take in and realize that excessive debt will cripple and enslave you.

At an ever-increasing pace over the past few years, City officials spent more than they took in, created wish lists, and then spent and borrowed more. 

Of course, when you get to spend OPM (other people's money), it is easy to come up with $100 million dollar wish lists and all kinds of nifty spending ideas (e.g., brick-paving machines). It's also easy to go deeper and deeper into debt when you get to use OPM to pay that debt back. It's easy to set up perks for friends and associates when OPM pays it all. It's easy to sign no-bid contracts and work out sweetheart deals when OPM picks up the tab.  It's easy to buy the latest, fanciest, and chromiest vehicles when OPM pays for them and the gas, too.  Two-million dollar cost overrun (Veterans Parkway)? Not a problem when OPM pays it.
.   
The citizens are watching their government and their government officials more closely than ever before--not just in Morristown and Hamblen County but in cities and counties all across the nation. 

OPM belongs to the citizens and taxpayers. It is not free money. It is not for frivolous, pet projects.  It is not to be wasted.  It is not for excessive spending or excessive borrowing.

November 24, 2009 No Public Forum at Today's "Special Called" Meeting of City Council

As mentioned in an earlier post, the City Council is having a special called meeting at 11:30 AM.

The announcement of the meeting in Sunday's paper said that there were only two items on today's agenda:

1) Hiring a City Administrator;and
2) A Bond Anticipation Note in the amount of $950,000 for the purchase of the property on North Liberty Hill Road for the new Public Works Complex.

If you check the city's website, the agenda (click here) shows a third agenda item (Installation of fire hydrants in Witt area) that was not mentioned in the newspaper.

Significantly, today's agenda does not list a public forum where the public is given the opportunity to speak to council. The agendas for Council's regular meetings provide the public with an opportunity to speak near the beginning of the meeting. Today's special called meeting, however, does not include a public forum.

It looks like the council and interim administrator not only called this special meeting for 11:30 AM to keep the working taxpayer from being able to attend but also to keep anyone who might be able to attend (retired or off work today) from speaking about items on the agenda.

The process of naming an administrator has had its own problems--see the post here on the last-minute addition of two "acquaintances" of MTAS' Pat Hardy and Interim Administrator Wampler as automatic finalists.

Now the special called meeting is set for 11:30 AM to make sure that the public can't attend and, if the public should somehow be able to attend, the special called meeting prevents them from speaking 

Not exactly a showcase for openness and transparency.

[At its regular meetings, the Mayor and Council at least go through the motions of allowing the public to speak and act like they are listening.  At today's meeting, they don't want to hear the public!]

November 22, 2009 City Center Closing at 3:30 PM on Fridays

[UPDATED] There was an announcement in today's Sunday paper that the City Center would be closing at 3:30 PM on Fridays beginning December 4.

Now, if you had a business that served the public, would you shut your business down completely for 1-1/2 hours on Friday afternoons or would you rotate employee shifts slightly so that you could be open everyday as usual until 5:00?

Well, if you had a business and had to cut back on employee hours but still truly wanted to serve the public, you would have some people come in and work on Friday from 8-2:30 and others would be scheduled to come in and work on Friday from 10:30-5. That way you are open from 8-5 as usual and those customers who can't get in by 3:30 can still be accommodated.

But if you are Morristown city government, you just shut everything down completely for 1-1/2 hours on Friday afternoon. This decision shows that the city has little concern for the taxpaying public and does not want to apply logic and business-sense to keep the city operating during normal hours with just a slight change in work shifts.

Is this part of a plan to get people to accept another round of increases in fees and taxes? 

A complete and detailed examination of the city budget, city revenue, and city expenditures is desperately needed.

For years and years, the Mayor and Councilmembers have relied on inflated revenue projections and have passed an inflated spending plan and then walked away allowing the City Administrator to switch money around and pretty much spend all the money however he wanted.

Maybe the next newspaper announcement will be that the Mayor and Councilmembers will be meeting at a very quiet City Center on Friday afternoons at 3:30 PM to figure out what has been going on and to set up a system of checks and balances for real accountability in the future.

November 22, 2009 City Council Special Meeting on November 24 at 11:30 AM (For the Convenience of all Citizens? Not!)

The City Council is having a special meeting on November 24, 2009, at 11:30 AM at the City Center to:

1) Name a new city administrator; and
2) Consider a bond anticipation note in the amount of $950,000 for the purchase of the Roy Widener property on N. Liberty Hill Road.

A very important decision--selecting a new city administrator--is on the agenda. Setting this meeting for 11:30 AM shows that the Mayor and many councilmembers are happy to exclude the working and taxpaying public from being able to participate or observe the handling of public business.

[Of course, the Mayor and most councilmembers have already shown that they are not interested in having any meetings at a time that is convenient for the public.  See a prior post on council meeting times here.]

One reason for the inconvenient 11:30 AM meeting time could be questions that have arisen surrounding how the last two finalists (Angie Carrier and Jody Baltz) for the city administrator position were selected.

The newpaper hinted at these questions in the last two paragraphs of a November 19 article when Bob Moore reported:  "Interim Morristown City Administrator Lynn Wampler and Pat Hardy, a Municipal Technical Advisory Service (MTAS) consultant, narrowed the (city administrator) field from more than 80 applicants to the final four. Baltz and Carrier, acquaintances of Wampler and Hardy, were added as last-minute entries into the city administrator selection process." 

The normal process of application followed by interview of potential finalists was apparently circumvented with the addition of Baltz and Carrier as finalists despite not being interviewed by phone as were other finalists.

Carrier's situation is particularly troubling. It must be very important to be "an acquaintance" of certain people when you can waltz into the final four with submission of a last-minute resume, no phone interview, and an admission that you are not directly involved in formulating budgets and that you have no experience in industrial recruitment because your city (White House, TN) is primarily a bedroom community for people who work in Nashville. [Bob Moore's November 20 article in the Tribune.]

Strangely, I didn't see any quote in Bob Moore's article from Mayor Barile, other councilmembers, Wampler, or Hardy about the passes given to Baltz and Carrier. Surely, Bob asked for comment about failure to follow procedures in connection with Carrier and Baltz.  Carrier, as I understand, is a very personable individual. Baltz has the financial expertise required for the job, but he, unfortunately, appears to have received an automatic pass to the final four just on the basis of being an "acquaintance" of Wampler and Hardy. 

Contrast the automatic selection of Carrier and Baltz as finalists with the Mayor's comments a few weeks ago rejecting any further consideration of city department head Jay Moore's application and refusing to give Moore an interview because he did not meet the advertised budgeting and financial "requirements" for the job.  

If Mr. Moore had just been an "acquaintance" of Wampler and Hardy, perhaps he, too, could have waltzed into the final four without meeting the financial requirements and without having an interview.

On the other hand, one has to wonder about the Mayor's definition of financial requirements. She seemed to think that the departed Jim Crumley was the financial bomb and that the city would be lost without his presence.

Now that Crumley's behind-the-scenes maneuvers are coming out, what does she think of Crumley's illegal transfer of $2.5 Million from the sewer fund to the general fund? 

What does she think of the contract Crumley signed to lease the Roy Widener property on N. Liberty Hill Road--a contract that Mr. Wampler looked at and saw for what it was--a bad lease for the city. Now the City is having to issue $950,000 in bonds--more debt--to purchase the property and get out of additional lease payments with the minimum of financial damage.  Did she see and approve that contract?

What do she and councilmembers think of Crumley and Janish's 09-10 budget--a budget that the Mayor voted for about 4 or 5 months ago and that is now falling apart around her and around the city employees.  Department heads were required to make cuts. Did the Mayor and council take a 4% cut? Probably not, but it is possible and even likely that these officials have protection from any increase or decrease in their pay during their time in office.

What do she and councilmembers think of the huge city debt? What do she and councilmembers think of the astronomical sewer increases--past and future? 

Have she and councilmembers ever really looked at and examined the 2008 audit and current financial  information to try and figure out what has gone on and what is going on? Have she and councilmembers looked at how much more money the city has taken in over the past five years?  Have she and councilmembers ever asked where the money went?

Are she and other councilmembers ready to ask financial questions now without fear of, gasp, micromanaging?  Or is the Mayor's real concern still light pollution and those pretty brick-paving machines?

November 19, 2009 City of Morristown and the FY 2008 Audit: Stay Tuned

City leaders are offended when financial responsibility--or their lack thereof--is mentioned.  They blame "the economy." Certainly, the overall economic outlook today is not good. However, the city's mismanagement and wasteful spending sprees that have driven it into virtual crisis-mode go back to pre-bailout times.

Some readers may recall a headline in the local paper a few years back about the city's $100 Million dollar "wish list"?

In the upcoming days, there will posts on the city's 2008 audit and discussion of why the word "bankrupt" has been mentioned.

November 17, 2009 Jack Fishman Recommends Acquiring Additional Land in East Tennessee Progress Center, Eminent Domain Threatened

Industrial Board Chairman Jack Fishman, who is also owner of the Citizen Tribune, appeared at the city council work session yesterday. Fishman wants the city to fund the purchase of 11 pieces of property inside the East Tennessee Progress Center near I-81 and 25-E. Fishman wants the city to purchase the property from willing buyers but, if the buyer is not willing, then Fishman wants the city to take the  private property by eminent domain

One of the owners of property on Fishman's list was present and spoke passionately about her desire to live out her life on her 14 acres. Alice Purkey, 86, said her land is "not for sale" and asked simply to be left alone.

While Fishman said he wasn't rushing the council, he made sure that each councilperson was given a resolution (below) to pass in December or at some other time. Fishman's resolution provides for the purchase OR taking of any parcel by eminent domain.

UPDATE 11/18/09: It should be interesting to see the Tribune ace reporter Bobby Moore's article on Fishman's appearance at council. How does the reporter "report" on his boss in a fair and balanced way? Will there be a disclaimer noting that Fishman is the reporter's boss and writes the reporter's paycheck? Just guessing, but I would imagine that the article will concentrate on Fishman implying that the main reasons Morristown lost a Harley-Davidson plant were because the ETPC (East Tennessee Progress Center) looked too "rural" and also because the city does not have "control" of certain parcels of land in and around the Park. The article will imply, as did Fishman, that H-D would have been an almost sure thing if the City had just had these other parcels and had spent millions to improve the ETPC. Hence, Fishman's decree that he/IDB/City obtain control of eleven more parcels within three years. Control by sale from willing owner(s) OR forced control by eminent domain!