Category Archives: Law

You call Sheriff; Sheriff calls animal control —Susan Leavens

Received today on Stray dogs and the law @ LCC 27 Sep 2011. -jsq
If Mr. Paulk was a “normal citizen” he would know if you call the sheriff’s department for a animal problem he would know they call animal control! And it is up to the animal officer if they want to give the dog back to the owner… Officers have done it many times. It is under the discretion of the animal control officer. Poor Ashley should know what the ordinance says I mean he was the sheriff for many years as he has indicated many times and since he is the County Chairman now one would think he would know what the orinance says. This poor guy was given wrong information by the County Chairman on how to fix the problem… perhaps if the man caught the dog and brought it to the shelter he would be better off. The owner would have to show proof of rabies vaccination and pay impound fees. $25 impound fee, $12 for a voucher if the dog does not have proof of current rabies vaccination. The prices are not much but it is incontinent. If it is not sterilized (spay or neutered) it doubles on each impound… fees can rack up pretty fast $25, $50, $100 and so on. The sheriff’s office is not going to handle owner involved cases, if the dog was returned to the owner it was not a stray. Sorry Ashley Paulk you’re so wrong on this one!

Judge rules against Florida prison privatization

Judge Jackie Fulford ruled yesterday for the Second Circuit Court of Florida
that the prison privatization plan the Florida legislature added to the state budget is unconstitutional on a key point of all prison privatization schemes. Her ruling agreed with the Florida Police Benevolent Association, which is a union of correctional workers.

Judge rules prison privatization plan unconstitutional Dara Kam wrote for Post on Politics yesterday, Judge Rules Florida Prison Privatization Unconstitutional,

The privatization of 29 prisons in the southern portion of the state from Manatee County to Indian River County to the Florida Keys should have been mandated in a separate bill and not in proviso language in the budget, as lawmakers did in the must-pass budget approved in May and signed into law by Gov. Rick Scott, Fulford ruled.

“This Court concludes that if it is the will of the Legislature to itself initiate privatization of Florida prisons, as opposed to DOC, the Legislature must do so by general law, rather than ‘using the hidden recesses of the General Appropriations Act,’” Fulford wrote in her order issued Friday morning.

The order doesn’t say Florida can’t privatize prisons, rather that it can’t do it by hiding it in the budget process. But alleged budget savings are the only reason privatization backers are willing to admit to, so that’s no small matter.

And if prison privatization is such a money-saver, why did the prison companies’ cronies in the statehouse try to do it like this: Continue reading →

Stray dogs and the law @ LCC 27 Sep 2011

A citizen (didn’t get his name; sorry) stood up to remark on the stray dogs that kept getting loose in his neighborhood, and how when animal control came they just took the dogs back to their owners, who let them loose again. Chairman Ashley Paulk had no hesitation in saying the sheriff should be called on the owners.

Here’s the video:


Stray dogs and the law @ LCC 27 Sep 2011
Regular Session, Lowndes County Commission (LCC),
Valdosta, Lowndes County, Georgia, 27 September 2011.
Videos by Gretchen Quarterman for LAKE, the Lowndes Area Knowledge Exchange.

-jsq

The other execution Wednesday night

Everybody knows the state of Georgia executed Troy Davis Wednesday, 21 September 2011. Fewer people know the state of Texas executed Lawrence Russell Brewer that same night. The cases are the same in one very basic way, and different in others.

One blog overstates the case. David Henson wrote for religion margins, the state killed two men; we only cared for one

Two men were executed last night by the state.

And no one said a word about one of them.

Because it wasn’t about Troy Davis. Because witnesses didn’t recant. Because the evidence was clear. Because hundreds of thousands worldwide didn’t sign a petition for him.

Because it was about a white supremacist.

Another blog is more accurate. Sam Worley wrote for Bleader 22 Sep 2011, The second execution, Continue reading →

Notice regarding videoing or photographing

Through a chain of emails yesterday we received this item originating at the County Clerk’s office.

This may or may not be what the Commission voted on Tuesday. It’s not signed by any of the voting Commissioners or the County Clerk.

It says it’s a NOTICE. Is a Notice an ordinance?

It’s still not on the County’s website list of ordinances.

So many questions!

Cynics might have still other questions.

-jsq

News so good, there’s a law against it!

I’d like to thank the Commission for the award!

Louis XIV handing down an award
at Versailles
I and LAKE will wear it proudly. The VDT doesn’t have one of these. WCTV doesn’t have one; WALB doesn’t have one. Only LAKE posts news so good, there’s a law against it!

It’s now been a week since the Lowndes County Commission passed an ordinance for no stated reason, not on the agenda, and not read to the public. It’s still not on the county’s online list of ordinances. Gretchen was covering an event Friday at which she saw Commissioner Crawford Powell; she asked him to send her a copy of the ordinance. Five days later, nothing has arrived.

So, our only clues are Commissioner Raines’ remarks that it had something to do with videoing and photographing. And his remarks that he believed that the Chairman could do it on his own, but he’d like to make a motion for the Commission to approve it.

So we have to guess it had something to do with Ashley Paulk’s outburst of the previous morning, in which he flattered me by addressing me and only me by name, even though there were at least two video cameras recording the meeting. This is what he was going on about:

The County Commission wishes from this day forward that any filming be done from the media area in the back corner of the room.
He didn’t say anything about still photography, or for that matter about digital videoing, so I don’t know whether what he said had anything to do with whatever it was that Commissioner Raines moved Tuesday and the Commission approved. Nor does anybody else know.

Now a cynic might say, Continue reading →

Pardons board rejects clemency for Troy Davis

So now it’s down to Gov. Deal.

In the VDT via AP today:

Georgia’s pardons board rejected a last-ditch clemency plea from death row inmate Troy Davis on Tuesday despite high-profile support from figures including the pope and a former FBI director for the claim that he was wrongly convicted of killing a police officer in 1989.

Davis is scheduled to die Wednesday by injection for the killing of off-duty Savannah officer Mark MacPhail, who was slain while rushing to help a homeless man being attacked. It is the fourth time in four years that Davis’ execution has been scheduled by Georgia officials.

Steve Hayes, spokesman for the Board of Pardons and Paroles, said

Continue reading →

Gov. Deal: the good, the ugly, and the bad on prisons

Gov. Nathan Deal proposed a half-measure to reduce the Georgia prison population that nonetheless is a useful measure (the good). He reiterated a bogus talking point (the ugly). Then he proceeded to contradict it in advocating something that would work against reducing the prison population (the bad).

David Rodock’s interview with Gov. Nathan Deal is in the VDT today.

The Good

THE TIMES: How are we going to address the large number of incarcerated citizens and decrease those numbers?

DEAL: “I think one of the better things we can do is have accountability in courts whether they be drug courts, DUI courts, mental-health courts, towards sentence reform. the like. We know that they work. We know the recidivism rate, if they go through those approaches rather than directly into the prison system. We have less recidivism. We break the addictions, and we’ve got to work very closely on that.”

I’ve previously noted that Gov. Deal has taken at least a tentative step towards sentence reform. That’s good, but not enough. Let’s do the rest, Continue reading →

Flattery! —John S. Quarterman @ LCC 13 September 2011

The VDT picked up that I referred to Ashley Paulk’s personal attention of the day before as flattery. Sorry, elected officials who can’t even get recognized by the Chairman: bring a camera next time; then he’ll notice you!

First I pointed out that the Mayor of Hahira was in the room. The Chairman had recognized the new Mayor of Valdosta, his replacement on the Valdosta City Council, and the Chair of the Lake Park Chamber of Commerce, but not the Mayor of Hahira. I didn’t want anyone to think the County Commission doesn’t care about Hahira!

Then I commended the voting Commissioners for their comments Continue reading →

Georgia open records law revision

There seems to be disagreement about access to open records in civil suits, regarding changes Attorney General Sam Olens proposes to Georgia’s Open Records Act. There are other issues, as well.

Jim Galloway wrote for the AJC on 1 Sep 2011, Sam Olens, Mike Bowers at odds over change to Open Records Act,

At issue is House Bill 397, which was drafted by Olens and received its first public hearing at the state Capitol this week. One provision in the bill would prohibit those who file lawsuits against state or local governments from using the Open Records Act to obtain records for use in court.
Bowers has successfully used open records to win a lawsuit on behalf of fired librarians. The proposed law would prevent such uses. Olens said:
“What we’re trying to do is incorporate past judicial decisions so we’re all on the same page,” Olens said. “When you’re suing the government, you should have no other advantage that you would when you’re suing a private party.”

The current Georgia sunshine law has two parts: open records and open meetings. Continue reading →