Tag Archives: Attorney General

HB 59 to waive sovereign immunity in certain cases

Sue the state? You’ll lose, because of sovereign immunity, unless HB 59 passes. Then you might be able to sue GA-DNR for circumventing permiting in allowing construction on the Georgia Coast, or if it should approve a compressor station in Albany, or if it should issue any other permits for the Sabal Trail fracked methane pipeline.

State agencies such as the Department of Natural Resources (GA-DNR), can use “letters of permission” to do things like make alterations to Georgia’s coast, and anyone suing to stop it runs up against sovereign immunity unless the issuing agency has expressly waived it. Now that may change with HB 59, “State tort claims; waiver of sovereign immunity for declatory judgment or injunctive relief; provide”. It has six co-sponsors, including Jay Powell, District 171, Camilla, Mitchell County, GA.

Here’s the key part: Continue reading →

Farewell Chairman Ashley Paulk @ LCC 2012-12-14

At the county’s farewell reception for retiring Chairman Ashley Paulk Friday, Attorney General Sam Olens gave him something to hang on the wall, Paulk said a few words, County Manager Joe Pritchard read a letter from incoming Chairman Bill Slaughter, and Pritchard said a few words and gave Paulk a rocking chair, in which he declined to sit.

At some later date maybe I’ll post a retrospective about my neighbor Ashley Paulk, but for now I think the many posts in this blog will serve, and meanwhile I look forward to seeing what the new Commission will do with new Commissioners Demarcus Marshall (District 4), John Page (District 5), and new Chairman Bill Slaughter.

Here’s a video playlist:

Farewell Chairman Ashley Paulk, Lowndes County Commission (LCC),
Video by Gretchen Quarterman for Lowndes Area Knowledge Exchange (LAKE),
Valdosta, Lowndes County, Georgia, 14 December 2012.

-jsq

GA State attorney general tries to order private citizens not to oppose charter school amendment

Pushers of the charter school amendment must be desperate! Blurring the line between public officials and private citizens, state Attorney General Sam Olens wrote:

Local school boards do not have the legal authority to expend funds or other resources to advocate or oppose the ratification of a constitutional amendment by the voters. They may not do this directly or indirectly through associations to which they may belong….

As Jim Galloway wrote yesterday for the AJC in Sam Olens orders local school boards to stay out of charter school fight,

That means organizations like the Georgia School Boards Association, and perhaps, the Georgia School Superintendents Association, would be barred from speaking out against the proposed constitutional amendment.

And would that include organizations like PAGE, which produced the slides that a local middle school teacher used last week? What about that teacher, or Dr. Troy Davis, speaking a few weeks earlier, both on their own time?

Olens’ letter would apply to what the VDT said was in the VBOE and LCBOE joint resolution, at least the part about “The resolution explicitly states that the boards are asking voters to not support the Constitutional Amendment relative to state charter schools.”

But what does Olens mean, duly elected local school boards don’t have authority to express opinions about educational matters that would directly affect the people who elected them?

Why has Sam Olens suddenly gotten religion about this now, after he was silent last year when both VBOE and LCBOE adopted resolutions against the school “unification” referendum? Where was he when both boards of education hosted numerous forums opposing consolidation?

Will he next be telling the Valdosta City Council it can’t pass a resolution opposing a referendum? What exactly is the difference between that elected body and an elected school board as far as expressing such an opinion? And all of those resolutions were non-binding opinions.

Will Sam Olens next be telling the VDT it can’t editorialize against the charter school amendment?

How desperate are the pushers of the charter school amendment?

Continue reading →

Quartzite Council cited by Arizona Attorney General

We haven’t looked in on the little town of 3,000 odd people of Quartzsite, Arizona, lately. Its goings-on continue to seem eerily applicable to our own county of 100,000 odd people.

On 9 December 2011, the Attorney General of Arizona, Tom Horne, issued a statement Re: Open Meeting Law Complaint against Town of Quartzsite Common Council (the “Council”), saying that the town Council had violated the state Open Meetings Law (OML) four times:

  1. by not warning Jennifer Jones before removing her on 28 June 2011;
  2. by holding a Council meeting on 10 July 2011 in which they excluded the public by actually locking the doors of their meeting room;
  3. by failing to post minutes of the emergency meeting on its website as required by Arizona Law (yes, Arizona law, like Texas law, requires posting minutes on the web) and by not including a required statement of the emergency requiring the meeting;
  4. and by failing to post withing the required three working days minutes for the 10 July 2011 emergency meeting, nor for seven of its work sessions, nor for its 14 June 2011 regular session.
This one wasn’t a violation, but may be at least as important:
The purpose of the OML is to require public bodies to meet publicly and openly so that al persons so desiring may attend and listen to the deliberations and proceedings.
Why, I believe that’s the same in Georgia!

It seems back-room meetings are bad: Continue reading →

Quartzsite police chief puts most of the dept. on leave for whistleblowing

They were complaining about the conduct of the police chief. He also put them under curfew and selective house arrest. This is the town where activists were dragged out of city council meetings and arrested by that same police chief, over the protests of the mayor.

Tory Rangel wrote for abc15.com 21 July 2011, Town of Quartzsite puts more than half of its police department on leave

An Arizona town has put more than half of its police department on leave and officers tell ABC15 they feel it’s retaliation for speaking out against their boss.

William Ponce said he now feels he could lose his job with the Quartzsite Police Department after he, and eight other officers, came forward and accused the police chief of misconduct and abuse of power.

“I feel this is retaliation against the officers that signed this letter and came forth speaking out against corruption,” said Ponce.

After complaints from officers, DPS launched a criminal investigation into allegations Chief Jeff Gilbert had workers run criminal background check on people he didn’t like.

Maybe the chief felt he had to look into their character. I wonder if he made them all take drug tests?

That was a week ago. As of yesterday, Continue reading →