Tag Archives: Law

Commissioners panic about trash at undisclosed location @ LCC 2012 03 31

The Lowndes County Commission continues to hide when it talks about waste disposal. The VDT got slightly more specific about the undisclosed location of the Lowndes County Commission Retreat, and much more specific about what they were doing, yet according to state law their minutes need to be still more specific. And it’s not clear why they’re panicking about waste disposal when the deficit on that public good has come down rapidly in recent years.

David Rodock wrote for the VDT Saturday, Commission tackles key issues: Waste management, tax lighting districts and SPLOST discussed at retreat,

Commissioners and staff from Lowndes County buckled down Friday at Chairman Ashley Paulk’s guest home to address issues such as waste management, special tax lighting districts, SPLOST negotiations and necessary expenditures for equipment and staff.

A LAKE roving reporter (not me) observed many vehicles at Shiloh Farms’ recent acquisition in Berrien County on the north side of GA 122 a bit east of Old Valdosta Road (Cat Creek Road), so that seems likely the undisclosed location.

By the end of the afternoon, Commissioners made decisions on a few key issues.

It’s good to hear our elected representatives were working, even though they do not appear to have followed state law about this open meeting. And we can look forward to the names of which of them voted for each decision, according to the recent Georgia Supreme Court decision.

Here’s one thing they were working on:
Solid waste management, which is currently handled with collection centers, has run at a deficit of over $300,000.

That’s less than the deficit it was running last time (23 May 2011) the Commission had a meeting at an undisclosed location with no agenda where they talked about waste disposal. According to David Rock in the VDT 24 May 2011, Commissioners want Lowndes out of the trash business,

In total, the county is currently spending $782,058.34 each year for solid waste disposal, a reduction from $1,176,207.75 in 2007.

So that’s a rapid reduction in cost to less than a third of what it used to be, and less than half of what it was only a year ago. Back to Saturday’s VDT report:

County manager Joe Pritchard assured them the budget was in better shape than last year.

So why are they panicking about waste disposal?

Continue reading →

Judge OKs Barnes and Richardson CWIP suit against Georgia Power

Historic Davids get approval for slingshot against power company Goliath.

Judge allows lawsuit over Georgia Power surcharge to go forward,

Fulton Superior Court Judge Ural Glanville’s ruling Thursday allows the lawsuit filed by former Gov. Roy Barnes and ex-Republican House Speaker Glenn Richardson to go forward.

The complaint said Georgia Power has improperly collected sales tax and fees on a surcharge created by a 2009 law. They say it has added up to as much as $100 million in costs to ratepayers.

This lawsuit opposes Georgia Power’s Construction Work in Progress (CWIP) that is already charging gapower customers for the Plant Vogtle nukes that won’t produce any power for years yet. If this lawsuit wins, they may not ever be built.

But you don’t have to wait for this lawsuit, or for the legislature to ban CWIP. You can oppose CWIP by paying for it in a separate check.

Maybe soon we can get rid of Georgia Power’s territoriality law so we can, like we could in 46 other states, generate our own solar or wind power and sell it to whomever we choose.

-jsq

Georgia Legislators

I blogged about State Rep. Mary Margaret Oliver and then happened to run into her about an hour later, along with her partner in ethics. This time she was in color.


Stephanie Stuckey Benfield (D-85 Atlanta) and Mary Margaret Oliver (D-83 Decatur):
Roswell, Georgia, 31 March 2012.
Pictures by John S. Quarterman for Lowndes Area Knowledge Exchange (LAKE).

-jsq

 

Hunting for transparency

Some legislators tried to hide potential ethics violations in the name of privacy. They failed in the last hour of the last day of the legislative session.

Jim Galloway wrote for the AJC yesterday, Your morning jolt: The failed attempt to make ‘transparency’ commission a translucent one

In other words, the Georgia Government Transparency and Campaign Finance Commission would have been handed permission to cut off from public view the more pesky complaints against your leaders. Cases that it would decide you didn’t need to know about.

Who did this, and when?

State Rep. David Knight, R-Griffin, introduced the conference report in the House, but didn’t mention the above paragraph. That came to light under questioning from state Rep. Mary Margaret Oliver, D-Atlanta, and other Democrats.

My AJC colleague Chris Quinn described a scene in which the tally board started out with green “yes” votes and red “no” votes evenly divided. But slowly, green lights began blinking out, and the red votes began to grow. At 11:08, the bill was defeated 25-143.

Sanity and ethics prevailed at the eleventh hour.

-jsq

 

County Commission retreat this weekend

Did you know about the Lowndes County Commission retreat this weekend? It wasn’t mentioned at their recent regular meetings, it’s not on their website calendar, and there’s no agenda posted, either. Fortunately, the VDT at least has been informed about it.

VDT editorial today, Commissioners annual retreat this weekend,

The Lowndes County Commissioners and staff are attending the annual planning retreat this weekend, but are not spending any county funds doing so.

Chairman Ashley Paulk invited the county to hold the retreat at his farm, and he’s doing all the cooking for their meals, at no charge to the county.

It’s good Ashley Paulk wants to contribute to the public good in that way.

However, this is a public meeting of an elected body, and the public has not been informed of where it is, for example, at which of Ashley Paulk’s farms? Maybe they’ll at least keep good minutes.

-jsq

 

 

A victory for transparency in government

Best to record those votes! So said the Georgia Supreme Court last month.

G.G. Rigsby wrote for SavannahNow 6 February 2012, Court ruling favors openness in government

The Georgia Supreme Court ruled Monday that votes taken in open meetings must be recorded, even if they are not roll-call votes.

The decision in Cardinale v. the City of Atlanta reverses a Court of Appeals ruling that the state’s open meetings law doesn’t require meeting minutes to reflect how members voted when the vote is not unanimous.

Matthew Cardinale filed a lawsuit against the City of Atlanta for failing to record how each city council member voted when a non-roll-call vote was taken at a February 2010 retreat.

Hm, the Lowndes County Board of Commissioners is meeting in retreat this weekend. Maybe they’ll keep good minutes.

Writing for the majority, Chief Justice Carol Hunstein said, “While the act provides for public access to agency meetings, it also fosters openness by, among other things, requiring agencies to generate meeting minutes that are open to public inspection so that members of the public unable to attend a meeting nonetheless may learn what occurred. …To adopt a contrary holding that agencies possess discretion to decline to record the names of those voting against a proposal or abstaining in the case of a non-roll-call vote would potentially deny non-attending members of the public access to information available to those who attended a meeting.”

Earlier this year, Effingham County’s commissioners took a secret ballot for vice chairman. At their next meeting, after questions from a reporter, they said how they voted so the information could be included in the minutes for the meeting.

The secret vote in Effingham was an indication that the case that was pending before the state Supreme Court was important, Cardinale said.

Effingham County… ah, yes! The county whose Industrial Authority fired Brad Lofton for non-transparent dealings.

Doubtless everything is on the up-and-up around here, so I’m sure all the local government bodies, elected and unelected, will have no problem recording how all their members vote.

-jsq

Barnes and Richardson against Georgia Power’s CWIP

Two former big-time politicos join the fight against CWIP.

Melissa Roberts wrote for CBS Atlanta yesterday, Unlikely duo challenges Ga. utility over rates,

The unlikely duo of ex-Democratic Gov. Roy Barnes and former Republican House Speaker Glenn Richardson are heading to court to challenge Georgia Power over a surcharge they say has cost ratepayers as much as $100 million.

They're going after Construction Work in Progress (CWIP)!

Jim Galloway in the AJC yesterday noted the irony,

The gentleman knows of what he speaks, and that is only one of the ironies here. The legislation that has allowed Georgia Power, for the last 15 months, to charge ratepayers for financial costs associated with the construction of two new nuclear power plants, was passed in 2009 during Richardson’s final session as the second- most powerful man in the Capitol.

Maybe he can help undo the harm he helped do. Ditto Roy Barnes, who got coal-plant-building Cobb EMC former head Dwight Brown off on a technicality.

Melissa Roberts wrote:

The lawsuit contends the utility is charging sales tax on the finance surcharge and the franchise tax paid to cities. Richardson said in a phone interview he and Barnes are two "Davids against the Goliath."

Add those two Davids to the two Davids of Savannah, Drs. Sidney Smith and Pat Godbey and their Lower Rates for Customers LLC. Add a few more thousand Davids around the state paying their CWIP in separate checks with objections.

New Hampshire banned CWIP and their nuke-building utility went bankrupt. Missouri banned CWIP. Iowa is working on banning CWIP. Georgia can ban CWIP, too. Watch out Goliath!

-jsq

 

 

 

 

Human rights and war on drugs incompatible —LEAP

While the local CCA private prison contract expired (yay!), the U.S. still has 5% of the world’s population and 25% of the world’s prisoners, which is seven times our incarceration rate of 40 years ago, while the crime rate is about the same, and Georgia has 1 in 13 adults in the prison system (jail, prison, probation, or parole. We can’t afford that. The money we waste locking people up could be sending people to college or paying teachers. And the root cause is still the failed war on drugs, which is also one of the biggest problems with human rights around the world.

LEAP wrote 16 March 2012, Human Rights is a Foreign Concept in the UN’s “War on Drugs”

“Fundamentally, the three UN prohibitionist treaties are incompatible to human rights. We can have human rights or drug war, but not both,” said Maria Lucia Karam, a retired judge from Brazil and a board member of Law Enforcement Against Prohibition (LEAP).

Richard Van Wickler, currently a jail superintendent in New Hampshire, adds, “I suppose it’s not shocking that within the context of a century-long bloody ‘war on drugs’ the idea of human rights is a foreign concept. Our global drug prohibition regime puts handcuffs on millions of people every year while even the harshest of prohibitionist countries say that drug abuse is a health issue. What other medical problems do we try to solve with imprisonment and an abandonment of human rights?”

Good point.

We don’t lock up people for drinking. We only lock them up for endangering other people while drinking. And we tax alcohol sales and generate revenue for the state. Let’s do the same with drugs: legalize, regulate, and tax. That’s what we did with alcohol in 1933, and it’s time to do the same with other drugs.

-jsq

News about CCA’s private prison Project Excel expected at Thursday’s VLCIA board meeting

Thursday’s Industrial Authority retreat and board meeting are both open meetings, which the public can attend. And at the 2PM board meeting apparently there will be news about Project Excel, CCA’s private prison.

VLCIA Executive Director Andrea Schruijer clarified on the telephone just now that Thursday’s 9AM-2PM board retreat is an open meeting; the public can attend. She said the agenda was made by the facilitator, and she had not seen it. The purpose of the retreat is for board members to talk about their experiences and roles as board members. The retreat is not for discussing specific projects.

Regarding the 2PM board meeting Thursday, she said she thought the agenda was on VLCIA’s web pages. When we looked and found it wasn’t there, she said apparently there was some confusion due to the rescheduling of the meeting, and the agenda would be there soon.

I asked her whether the Project Excel Project Excel, the CCA private prison, she said the Preliminary Specifications ( see section 1.6.1) had been received. She said they had been received, and they were simply a site diagram, a copy of which was hanging on VLCIA’s office wall. From discussion with her, it appears to be this site plan: Continue reading →

Two VLCIA meetings Thursday: retreat and board 2012 02 23

This month’s cancelled Industrial Authority board meeting has been rescheduled. Not the usual date, not the usual time, not the usual place:
Notice: The Valdosta-Lowndes County Industrial Authority Regular Meeting has been rescheduled for the month of February. The meeting date will be Thursday, February 23, 2011, 2:00 P.M. at 101 N Ashley Street.

Notice of the Valdosta-Lowndes County Industrial Authority Board Retreat, Thursday, February 23, 2012, 9:00 AM- 2:00 PM at 101 N Ashley Street.
Since I’m familiar with that location as the old closed pawn shop, I called VLCIA’s new PR person, Meghan Duke, for clarification. I congratulated her on her recent appointment, and repeated what I’ve been saying for some time now, that VLCIA does many good things most people don’t know about and with some PR maybe we would. She said she was working on educating the public.

About the meeting location, she told me Continue reading →