Archive for the ‘Watchdog Alert’ Category

Power Grab: Mayor Seeks To Repeal Entire Private Act

Monday, November 2nd, 2009

Red-faced and Red-handed, County Mayor Ernest Burgess is caught with his hand in the power jar

Red-faced & Red-handed, County Mayor Ernest Burgess is caught with his hand in the power jar

In a shocking display of arrogance, Republican County Mayor Ernest Burgess is proposing to repeal the entire Private Act of Tennessee State Law governing the hiring of Rutherford County’s legal representation. The current statute puts power in the hands of Rutherford County citizens through their elected County Commissioners to decide who represents the taxpayer’s interest. But Burgess will seek to completely to do away with current state law tonight before the County Steering Committee, and even proposes to make decisions for Sheriff Truman Jones on who he can and cannot hire to represent the Sheriff’s Department.

The proposed Legal Services Agreement stipulates that the County Attorney will decide who represents the Sheriff’s Dept. -

Section V. Subsection H- “…the Rutherford County Sheriff’s Dept. representation shall be handled by an attorney selected by the Sheriff, subject to the approval of the County Attorney, provided the hourly compensation for the attorney selected by the Sheriff shall not exceed $150 per hour”

It also stipulates that Rutherford County (aka taxpayers) will pay the bill if the County Attorney is sued for damages:

Section V, Subsection B - “…the County shall act in good faith to represent, defend, and pay liability claims against the County Attorney and associates”

In fact, County Attorney Jim Cope is currently a co-defendant in a lawsuit for his handling of the failed Bible Park. If County Mayor Ernest Burgess gets his way in grabbing the reins and implementing the Legal Services Agreement, will Mr. Cope be safe from liability and will taxpayers foot the bill?

UPDATE: The Daily News Journal’s Editorial Board is calling for revision of the Legal Services Agreement

Gordon Gaining Traction with Nuclear Waste Ban

Tuesday, October 27th, 2009

bartgordonThe following editorial has gone national, being printed in the Jackson Sun, Sarasota Herald-Tribune, and even Columbus’ Coshocton Tribune

DON’T LET U.S. BE GLOBAL NUCLEAR WASTE DUMP

Published: Tuesday, October 27, 2009 at 1:00 a.m.

If a friend asked to dump his garbage in your yard because he knew you would know what to do with it, what would you say? Probably, no thanks. That’s what the U.S. should say to countries that want to send their nuclear waste here for processing and storage.

Thankfully, Sen. Lamar Alexander and U.S. Rep. Bart Gordon are sponsoring legislation in Congress to keep other countries’ nuclear waste out of the U.S. …

The controversy arose when a private Utah company, EnergySolutions, asked the Nuclear Regulatory Commission for permission to bring in 20,000 tons of low-level radioactive waste from Italy. The company would process the waste in Tennessee and store the resulting 1,600 tons at a private facility 80 miles west of Salt Lake City. The NRC said it has applications from Mexico and Brazil to do the same thing.

The U.S. handles its own nuclear waste based on a regional system established by Congress in the 1980s. Current laws don’t address importing nuclear waste from other countries. …

The problem with allowing the waste to come to the U.S. is that America will become the world’s dumping ground for nuclear waste. That’s because no other country will accept the stuff. This is not a “world leader” designation America needs.

– The Jackson, Tenn., Sun

Rep. Joe Carr (R-Lascassas) refuses to return thousands in bogus hotel and meal expenses

Friday, August 21st, 2009

Rep. Joe Carr (R-Lascassas) told Channel 4 today that he is refusing a request by voters to return thousands of dollars he recently told the Tennessean he “inadvertently” took from the tax payers and now claims he’s “entitled” to it.

Rep. Carr also told Channel 4 he took over $18,000 (more than any other lawmaker) in expenses to pay for hotel rooms, but no one seems to understand why he’d need that much money when he lives less than an hour from the state Capitol.

joebustedIn the video above, Rep. Carr couldn’t explain how he “inadvertently” drove himself to the bank to “inadvertently” cash 13 weeks worth of bogus meal and hotel expense checks.

Joe had the nerve to challenge his fellow big spending county Republicans to join him in not accepting anymore expense claims for the entire calendar year after we caught him with his hand in the tax payer’s pocket.

At the same time Rep. Carr was writing his own personal stimulus checks he’s now refusing to return, he had the nerve to try to pass a bill to deny extended unemployment benefits to residents in his district.

It’s time the voters of Lascassas introduce Joe Carr to the unemployment line come 2010.

Tax and Spend Republicans: Rep. Joe Carr “inadvertently” made bogus expense requests

Monday, August 17th, 2009
Rep Joe Carr: 'I didn't know I took all that money.'

Rep Joe Carr: I didn't know I took all that money.

Rep. Carr must think Rutherford County voters are stupid enough to believe he inadvertently requested expense money, inadvertently signed for the check and inadvertently drove himself to the bank to cash them.

This weekend’s Tennessean focused more on Rep. Joe Carr (R-48) out spending every single lawmaker in the House when it came to requesting $171 per day for hotel and meal expenses.

Rep. Carr had the nerve to tell the newspaper that he “inadvertently” requested more money for hotel and meal expenses than lawmakers who live in Memphis and Knoxville. Rep. Carr lives only 30 miles from the Capitol, and no one seems to know how he could have run up so many expenses.

“Among area lawmakers, Carr, a first-term lawmaker, claimed the most in per diem expenses in the first quarter of 2009, filing for $9,234 in charges. Carr said he inadvertently ran up the per diems while preparing for his first session in the state legislature.

“Because the state finances were in such a mess, after the election and before the session, I took several trips to Nashville,” Carr said. “I didn’t realize that every time I came to the legislature, they did a per diem.”

Carr said he did not become aware of the extent of the charges until media attention was called to it in the wake of Williams’ letter. He pledged to claim fewer days in the future.

During the last legislative session, Rep. Carr tried to deny extended unemployment benefits to residents in his district, but then he made bogus expense requests for hotels and meals he never purchased and got his own unemployment stimulus check compliments of Tennessee tax payers.

Now that the media caught him with his hand in the tax payer’s wallet, Rep. Joe Carr has promised to claim fewer bogus expense requests in the future. That must make the voters of Lascassas feel much better.

Tax and Spend Republicans: Rowland, Carr, Ketron and Tracy top the list

Thursday, August 6th, 2009

whattheycost2

The state legislature may be out of session but according to local media reports Rep. Joe Carr (R-48) has been spending a lot of summer days at the Capitol claiming per diems, a day’s pay for showing up. Rep. Carr was at the top of the list when it came to which Republican requested the most per diems after the session was already over.

It’s gotten so bad that Republican House Speaker Kent Williams issued a letter to all Representatives asking them to follow some basic guidelines to cut per diem requests. You can read the letter here.

Rep. Carr must not have gotten the memo because he kept requesting money all summer when he thought no one would be watching. Rep. Carr didn’t think twice about pushing his own bill in the last session demanding Gov. Bredesen not accept federal stimulus funds for extended jobless benefits for his district’s growing unemployed. Now that Rep. Carr needs a stimulus of his own, he’s off to collect his directly from the tax payers.

We’ll take a closer look at Rep. Carr’s summer per diem requests later, but first, let’s look at how much our county’s delegation is costing us.

What the list of our county delegation’s per diem requests for the entire session factually shows the voters of our county is a record of spending on the part of the Republican delegation. Rep. Donna Rowland (R-34) doesn’t look that bad on the surface, but then she’s got a lot of making up to do for being deemed the most expensive Republican in the entire House for filing resolutions honoring everything from campaign contributors to her new boyfriend.

The list below does not include per diem requests made after the session, which ought to put Rep. Carr over the top.

Member

(R) Sen. Jim Tracy from Shelbyville

Mileage

$ 2,039.04

Per Diem

$ 18,126.00

Total

$ 20,165.04

(R) Rep. Joe Carr from Lascassas $ 1,425.60 $ 16,929.00 $ 18,354.60
(R) Sen. Bill Ketron from Murfreesboro $ 1,306.42 $ 15,048.00 $ 16,354.42
(R) Rep. Donna Rowland from Murfreesboro $ 831.60 $ 12,825.00 $ 13,656.60
(D) Rep. Kent Coleman from Murfreesboro $ 756.00 $ 12,825.00 $ 13,581.00

They lost the confidence of Americans after 8 years of failed policy

Wednesday, August 5th, 2009

And now they’re back. They don’t want Nissan to have $1.6 billion in government auto loans to hire 1,000 workers to build the electric car of the future. They don’t want local construction companies bidding on local ARRA road projects to have a dime of their tax money. They don’t want enhanced health care for our veterans. They don’t want extended jobless benefits for our county’s growing unemployed or the millions being invested in our roads and schools.

What they want is to keep the status quo for the insurance companies because that’s worked so well for our families. Oh yeah, and they want to see the President’s birth certificate. That about sums up their plan to lift us out of their 8 years of failed ideas and policies.

Murfreesboro Tea Party organizer Christian Hidalgo makes Keith Olbermann’s ‘World’s Best Persons’

Tuesday, August 4th, 2009

Visit msnbc.com for Breaking News, World News, and News about the Economy

Murfreesboro’s Tea Party organizer Christian Hidalgo made Keith Olbermann’s ‘World’s Best Persons’ tonight for being what Keith called “another tax protester who’s actually just a tax dodger.”

Murfreesboro Tea Party organizer has over $80,000 in tax liens

Monday, August 3rd, 2009

Yet another local Tea Party organizer in Middle Tennessee is exposed for not paying taxes.

(MURFREESBORO, Tenn.) - Christian Hidaglo hates paying taxes. He hates them so much he organizes local Republicans to protest paying them in what they call Tea Parties. Now documents show the Tea Party organizer owes over $80,000 in state and federal tax liens stretching over a 10-year period.

For several years, Hidalgo has not paid portions of both state and federal taxes, forcing both the state and federal government to spend time and resources to issue several liens against his property and assets. Government authorities can seize property and assets of individuals with liens for unpaid taxes.

Where he intends to get the money he owes our government is anyone’s guess, but you can calculate below what your share of his slack will be if he decides to leave you and me on the hook:

Click ( page 1, page 2, page 3, page 4 ) to view the state and federal tax liens against Murfreesboro Tea Party Organizer Christian Hidalgo.

At Tea Party protests organized by Hidalgo, protesters are encouraged to demand the government give back tax money their own leader never bothered to pay in the first place. Hidalgo actually has the nerve to claim to support our troops in a time of war, while blatantly denying them his share that pays for their security and their health care. And his protest doesn’t end there.

Hidalgo readily admits on his Murfreesboro business’s website that he has “no formal business education.” What his clients don’t know is that their businesses help fund and share a server with a website run by Hidalgo that operates in violation of federal election law.

The website, DumpBartGordon.com, is registered to Christian Hidalgo and is hosted on the same Navigation Advertising server that some of his company’s clients share, exposing respected local companies to legal risk. Federal rules explicitly state guidelines for websites that target individual candidates for federal office, including rules for individual and corporate involvement.

Hidalgo is the second local Tea Party organizer to have been found not paying taxes. National Tea Party organizer and Williamson County Republican Michael Patrick Leahy was recently exposed as having over $100,000 in tax liens and court ordered judgements against him.

Tax and Spend Republicans: County Mayor Ernest Burgess’s secret land deal

Sunday, July 26th, 2009
red-faced and red-handed County Mayor Ernest Burgess

red-faced and red-handed County Mayor Ernest Burgess

Republican County Major Ernest Burgess told the DNJ he doesn’t have to tell tax payers how much of their money he spent on a secret land deal made as part of a settlement with a Rockvale land owner.

Mayor Burgess is the latest in a growing list of local Republican politicians who have been caught breaking the law to serve their own private interests while using tax money.

Mayor Burgess can either uphold the law and come clean with the people he was hired to serve, or he can do it the hard way.

The county has apparently agreed to buy 1.7 acres in the Rockvale community to settle a lawsuit filed by a couple whose rezoning request was rejected by the county a few years ago. According to Burgess, the settlement terms are confidential, meaning taxpayers are left in the dark about how much money they paid for this piece of property.

We believe this is a clear violation of the state’s open records laws, and even if it isn’t, as a matter of principle, it flies against this nation’s bedrock concept of transparent and accountable government. Simply put, taxpayers have a right to know how government is spending their money.

Besides, Rick Hollow, legal counsel for the Tennessee Press Association and a noted authority on state open records law, told The DNJ that a Tennessee Attorney General determined in the 1990s that a confidential agreement is void if it pertains to withholding public records.

“The expenditure of public funds is public business,” Hollow said. “An agreement to withhold information from the public is unenforceable.”

Federal judge orders Republican Election Commission Chairman Tom Walker to cool his jets

Friday, July 17th, 2009

A federal judge has granted a temporary order barring Republican Election Commission Chairman Tom Walker from firing Rutherford County Election Administrator Hooper Penuel.

The order is the latest in a federal lawsuit against Walker and seven other Republicans who plaintiffs claim are violating the United States Constitution with politically motivated firings of county election administrators.

County election administrators are appointed by local election commissions, and state law required those commissions to have Republican majorities because the GOP gained control of the legislature last year.

Some of those new commissions have ousted election administrators who were appointed by commissions with Democratic majorities. In their lawsuit, the eight administrators say the moves are unlawful.

At a hearing Friday, U.S. District Judge John Nixon approved a temporary restraining order barring Rutherford’s election commission from moving to fire Penuel.

Penuel is the only one of the eight defendants who still works as an election administrator, though court filings say he was told his firing is imminent.

Rutherford County’s Republican election commissioners voted to spend Rutherford County tax payer money on lawyers from Chattanooga to defend themselves in the federal lawsuit. The bill to defend Walker’s behavior could cost Rutherford County tax payers hundreds of thousands of dollars.

Tennessee Democratic Party Chairman Chip Forrester responded to the federal court’s order:

“This decision puts the brake on what appears to be a wholesale removal of election administrators across the state,” Forrester said. “Why would you fire people who have such a wealth of experience and knowledge of the election process if it weren’t political patronage?

“These firings and the refusal of Secretary of State Tre Hargett to implement the Tennessee Voter Confidence Act leads me to believe there is an organized effort by Republicans to obstruct fair and verifiable elections.”

Democrats call on General Assembly to fire Secretary of State Tre Hargett

Friday, July 10th, 2009

The Tennessee Democratic Party today requested the General Assembly fire Sec. of State Tre Hargett for continuing to obstruct the implementation of the Tennessee Voter Confidence Act. Earlier this week, the Sec. of State issued a press release stating there isn’t enough time to uphold the new law that requires paper ballots in next year’s elections.

“The Secretary of State is using his office to obstruct the voting rights of all Tennesseans,” Forrester said. “Mr. Hargett’s refusal to do the job he was sworn to do appears to be part of a nefarious Republican strategy to stand in the way of secure and verifiable elections in Tennessee.

Instead of working to implement state law that was passed almost unanimously last year by both the House and Senate, Sec. Hargett has spent the time lobbying legislators to support Sen. Bill Ketron’s (R-13) bill to re-write the law so that it doesn’t apply to the 2010 elections. State Election Coordinator Mark Goins has also urged county election commissioners to spend their time lobbying the legislature back Sen. Ketron.

In an effort to distract voters from growing unease with recent Republican run-ins with the law, including a federal lawsuit against 8 Republican election commissioners, Sec. Hargett today awarded Sen. Ketron a medallion for all his legislative effort to delay the Tennessee Voter Confidence Act and to kill the state’s Ethics Comission.

“I am honored to present the NASS Medallion Award to Sen. Ketron for his work in pursuing the highest standards of integrity in the electoral process as well as his work to protect the fiscal stability of local governments,” Hargett said in the news release from Senate Republican Caucus spokeswoman Darlene Schlicher.

It’s no surprise Sec. Hargett would use one of five medallions he’s allowed to give out every year as a tool in his continued campaign to obstruct existing election law. Sec. Hargett and Sen. Ketron are two peas in a Republican pod working together to make sure the Tennessee Voter Confidence Act does not apply to the 2010 elections. Voters of Rutherford County deserve and demand better.

Republican election commissioners vote to spend local tax dollars on Chattanooga lawyers

Thursday, July 9th, 2009

Republican election commissioners voted to spend Rutherford County tax payer money on lawyers from Chattanooga to defend themselves in a federal lawsuit. The lawsuit filed in District Court yesterday against Republican Election Commission Chair Tom Walker and seven other Republicans across the state alleges violations of the United States Constitution for partisan selections of County Election Administrators.

Republicans gained a 3-2 majority on county election commissions across the state of Tennessee when Republicans took control of the House and Senate. The plaintiffs in the federal lawsuit (view the lawsuit here) will argue in District Court that Republican defendants violated federal law by making hiring decisions for non-policy making positions based on party affiliation. This is the third time within a month that Republican Election Commissioner Walker has had a run-in with the law.

Apparently Republican election commissioners don’t feel there is a single attorney in Rutherford County capable or willing to defend their actions in a District Court. The bill to defend Rutherford County Republicans could cost Rutherford County tax payers hundreds of thousands of dollars, all of which will now line the pockets of Chattanooga lawyers.

Here is the story from the Daily News Journal.

The Rutherford County Election Commission voted 3-2, along party lines this evening to hire two Chattanooga attorneys to represent the three Republican members of the commission named in a federal lawsuit Wednesday.

A civil lawsuit was filed in federal court late Wednesday on behalf of eight administrators of elections who were allegedly terminated or have been threatened with termination on the sole basis of their perceived or actual political party affiliation.

The Election Commission also voted unanimously, due to the federal litigation, to defer action on the 90 applications for administrator of elections until its Aug. 3 meeting.

Republican Election Commissioner Tom Walker embroiled in federal lawsuit

Wednesday, July 8th, 2009

Newly appointed Republican Election Commission Chairman Tom Walker is at the center of a federal lawsuit filed in District Court that could cost Rutherford County tax payers hundreds of thousands of dollars.

The suit filed in District Court against Walker and seven other Tennessee Republicans claims the defendants violated the United States Constitution by politicizing the selection of the County Election Administrator. Walker and several other Republicans gained control of county election commissions when their party got control of the House and Senate.

At the request of Rep. Kent Coleman (D-49), State Attorney General Bob Cooper issued an opinion in April warning election commissioners that politicizing the hiring and firing of County Election Administrators would violate the United States Constitution.

Attorney General Cooper recently issued another opinion stating counties will have to foot the bill for defending the unlawful acts in court. That means Tom Walker’s partisan antics could cost Rutherford County tax payers hundreds of thousands of dollars to defend.

Of course Election Commissioner Walker could have saved the county from having to defend his actions by simply upholding the law, but this is just the latest example of Walker’s disregard for the law and his open willingness to make the tax payers of Rutherford County pay for it.

Last month, Walker literally told local media that he didn’t care what the laws of Tennessee say when he attempted to defy the state’s open meetings law not once, but twice. It took the county attorney valuable time to educate him into compliance. Fellow Republican Election Commissioner Doris Jones supported Chairman Walker’s attempt to break the law saying to local media “we’ve got some crazy laws in this country.”

Read how Tennessee Republicans are preparing for the 2010 election:

Rutherford County Attorney talks some sense into local Election Commission Chairman

Thursday, June 25th, 2009

After some much deserved attention on Rutherford County Election Commission Chairman Tom Walker’s blatant and unapologetic violation of state law on two separate occasions (Monday and Tuesday) in the same week, the county attorney stepped in and talked some sense into the man.

It’s too bad Chairman Walker and Election Commissioner Doris Jones still have their jobs, but you can count on us keeping a very close eye on the people the state Republican Party saw fit to entrust with our local election process.

Tennesseans will not stand for politicians who thumb their noses at the rule of law and obstruct the constitutional right to have our voices count in a fair and transparent election. And attacks on the rights of media to report on the public’s interest will be defended here, in court and at the ballot box.

Here is a report from today’s front page of the Daily News Journal.

Rutherford County Attorney Jim Cope informed The Daily News Journal late Wednesday afternoon that he had talked with County Election Commission Chairman Tom Walker regarding the application process for the administrator’s position.

“After our discussion, Mr. Walker … said he will be bringing in all the applications to the Election Commission Office before the end of the business day Thursday, and presumably they will be available for public inspection,” Cope said.

Walker could not immediately be reached for comment.

TBI calls Secretary of State’s claim of threat ‘unsubstantiated’

Wednesday, June 24th, 2009

Newly appointed Republican Secretary of State Tre Hargett has been caught using the TBI to intimidate proponents of fair and transparent elections in the state of Tennessee.

Sec. Hargett claimed to local media that he couldn’t speak about an ongoing TBI investigation, but the TBI told the media the truth. There is no investigation, and a TBI spokesperson added that Sec. Hargett’s claims were “unsubstantiated.”

Once he knew he was caught in a lie, Sec. Hargett admitted to the media that he sent the TBI to investigate an advocate for fair and transparent elections claiming the advocate made a threat against the state by referencing an incident known as the Battle of Athens.

The August 2, 1946 “battle” involved Second Amendment loving citizens of McMinn County, Tennessee rising up and taking up arms against their corrupt county government for standing in the way of open and honest elections.

Below is part of the Nashville Scene’s account that should enrage every voter in the state of Tennessee.

Newly installed Republican Secretary of State Tre Hargett sicked the TBI on a political opponent on a trumped-up charge of making a “terrorist threat.” The case is now closed, the TBI having found no justification for Hargett’s complaint. Yes, it matters who governs.

Bernie Ellis, founder of the group Gathering to Save Our Democracy, says TBI agents came to his farm yesterday to question him about whether he threatened the Secretary of State’s office in an email. Ellis said he never sent an email to that office, and the agents left after asking him a few questions.

Pith phoned Hargett’s spokesman, Blake Fontenay, for comment today. Guess what? He’d love to talk, of course, but he just can’t. The TBI won’t let him, he says, “because they’re still investigating.” Yes, it’s the old “we never comment on pending investigations” trick.

“I really am not supposed to say anything more than that at this point,” Fontenay apologized. “We’d love to respond but we were asked by the TBI specifically not to respond. There definitely is another side to this, and we wish we could talk about it, but it’s not usually advisable to get the TBI mad at you. My hands are tied at this time.”

So then we phoned the TBI, whose spokeswoman Kristin Helm said basically there is no investigation, and she doesn’t know what Fontenay is talking about.

“We had to go pay Bernie a little visit,” Helm said. “We had a public official who felt as though he was being threatened, who felt there was something floating around in cyberland that was a threat. A couple of agents went to talk to Bernie and pretty much found the threats were unsubstantiated.”

Sec. Hargett’s latest stunt continues a disgraceful pattern by state Republicans that foments distrust with our state’s election process by intimidating proponents of fair elections, openly violating state law to exclude the public from open records and open meetings of county election commissions and delaying existing laws meant to protect the constitutional right to have our votes count.

Rutherford County’s newly appointed Election Commission Chairman Tom Walker violated state law on Monday and Tuesday, both times openly stating to the media that he will not obey the law when it comes to open meetings and public records in the Rutherford County Election Commission office.

Rutherford County’s Sen. Bill Ketron (R-13) aggressively sought a delay to existing election laws that require paper ballots in the 2010 elections.

This growing pattern of distrust is a disgrace to the state of Tennessee. It is also an affront to the very liberties and freedoms many American heroes fought for and died to protect.