On Tuesday, January 6, 2009 the Oldham County Fiscal Court made a New Year’s resolution – to take more money from the people. This came as a surprise to nobody that I know. It was just business as usual.
The final rate arrived at by the court was significantly lower than some of the rates that were bantered about initially. However, it is more than is necessary. Judge Murner used a very classical approach to achieve his goal; he started out asking for the universe and settled for one planet thereby making people believe that they were fortunate. The final fee proposal that was presented by finance committee chairman Steve Church was obviously discussed prior to the meeting as Murner had the figures before him with the average monthly fee already figured out. The presentation was well rehearsed, as was the presentation of the Stormwater district chairman, Kevin Eldridge. All in all it was quite a “dog and pony” show.
Several people complained about the fact that the developers were not being assessed any additional fees to support this program even though they are the biggest culprits in this game. Magistrate Steve Church then reckoned that the developers would just pass the additional charges on to new homebuyers and the young people wouldn’t be able to afford to come to Oldham County. In other words, the present residents of the county should absorb the developers’ cost of this program in order that they could continue to maintain their profit margins. Have you ever heard such hogwash? However, this rationalization coming from Church should not surprise you when you understand that he received campaign funding from the Homebuilders Association and developers. Of course Albert Harrison, who is a probable candidate for Property Valuation Administrator, and Magistrate David Voegele came to the defense of the developers during the fiscal court meeting of January 20, 2007. As I have previously stated on this site I expect Voegele to be a candidate for county judge in 2010 and he would like to have the support of the developers. As I previously indicated, I expect that the developers will support Kevin Eldridge. Must give Voegele credit though, he keeps hoping that they will support him.
It seems as though every fiscal court meeting has some discussion about a new fee or tax. Sometimes I believe that the people would be better off to give fiscal court members a bonus to just stay away and do nothing. That would be less costly for the people. Hopefully the Stormwater rates can be forgotten for a year. Wonder what will be next.
Sunday, January 25, 2009
MAGISTRATE GREENWELL TO VOTE AGAINST CONSTRUCTION OF AIRPORT
After the fiscal court meeting held on January 6, 2009 I caught up with Magistrate Steve Greenwell and told him that I had heard that he was going to vote against construction of an airport. He stated that he was going to wait until after the airport survey was completed but that he was going to vote against the construction of an airport. Without hesitation he stated that his reason for voting against the airport is that the “preponderance” of his constituents is opposed to the airport. I commended him for taking that position.
Magistrate Greenwell should take an opportunity to state his position during a fiscal court meeting. Moreover, I would like to see him state that he would vote to abolish the airport board. In fairness to Greenwell I must state that he may vote to dissolve the board. However, I did not ask him to respond to that question.
Magistrate Greenwell is to be commended for following the will of his constituents. The time has come for some of the other magistrates to step up and state their position on the airport. There is absolutely no need to continue to belabor this issue. It is time to move on to other issues.
Magistrate Greenwell should take an opportunity to state his position during a fiscal court meeting. Moreover, I would like to see him state that he would vote to abolish the airport board. In fairness to Greenwell I must state that he may vote to dissolve the board. However, I did not ask him to respond to that question.
Magistrate Greenwell is to be commended for following the will of his constituents. The time has come for some of the other magistrates to step up and state their position on the airport. There is absolutely no need to continue to belabor this issue. It is time to move on to other issues.
Tuesday, January 20, 2009
JOHN BLACK IS STILL IN THE DARK ABOUT GOVERNMENT
For some newcomers now living in Oldham County, this article needs a little bit of background information. John Black was the Mayor of LaGrange at one time and went on be elected to the position of County Judge-Executive as a democrat. However, his political career came to an abrupt halt when he failed to listen to the people. He wanted to bring the Dynegy generating plant to Oldham County, but the people of the county clearly did not want it. They tried to tell him during public hearings, through letters to the editor, and face-to-face, but he just would not listen. Consequently, Mary Ellen Kinser defeated him and became the first woman and the first republican County Judge-Executive ever in Oldham County to my knowledge. He is also the brother-in-law of current Magistrate David Voegele, who was also a democrat before switching to republican prior to his first political campaign and the campaign manager for Black’s failed attempt to retain the judgeship.
Mr. Black just does not understand that people working for the government, including regular employees, appointees, and the elected officials do not own the “company.”
They are just hired by the people to run the company much as stockholders hire a board of directors to run a company. This means that the people have a right to an open government and a right to check the books. Former United States president Ronald Reagan once said, “Trust, but verify.” Yes, there is information in the custody of the government that is not open for inspection by everyone such as national defense information, work schedules of employees, travel plans for the president, and many other items. However, most of those are at the national level and even they are subject to scrutiny by someone.
In a recent article that appeared in the Oldham Era, Mr. Black inferred that Magistrate Scott Davis and “his friend” filed legal action against Judge-Executive Duane Murner and LaGrange Mayor Elsie Carter in order to imply that they might not be trustworthy enough to accept an anonymous donation. I certainly am not ashamed to say that I am the “friend” to whom he is referring. What Black fails to state – or perhaps he just can’t grasp - is that the legal action would not have been taken had Murner and Carter complied with the laws of the Commonwealth relating to open records requests. Does Mr. Black believe that because of their position they are exempt from obeying the law? Even the president of the United States is subject to some form of opens records laws. In the federal arena it is known as “The Freedom of Information Act.”
Black also attacks Magistrate Scott Davis because he filed a lawsuit against Judge-Executive Murner in which he alleged that he conducted an illegal closed meeting of the Fiscal Court. John Black was not present at the meeting; therefore, he has no idea whether the meeting was illegal or not. That is, unless someone close to him has been telling him things which they should not have been. Is John Black saying that if the meeting was unlawful, that it should have been swept under the carpet due to the position of Judge-Executive Murner? I certainly hope not but it sure sounds that way.
Black criticized Magistrate Davis for remaining in a meeting that he thought was illegal. Duh! If had not remained in the meeting he would not have known what transpired and whether he thought that it was illegal or not. Davis did what any intelligent person would have done. John Black may not have had the courage or the intuition to remain in such a meeting but that does not make the actions of Magistrate Scott Davis illegal. John Black’s statement about the actions of Magistrate Davis reminds me of a supervisor who doesn’t have the knowledge to recognize or appreciate outstanding work by an employee. I am sure that most people have had a supervisor who fits that mold. It makes life tougher but you have to keep trudging on. We all had better hope that Magistrate Scott Davis keeps trudging onward.
Black also stated that people might think that he is in Judge Murner’s pocket. No, I don’t suspect that because he recently stated to me that he had some “markers” down in Frankfort that he could call in. This statement came when I asked him if he would be interested in the County Judge position should Judge Murner decide to resign before completing his term.
My take on this article is that John Black sees Magistrate Scott Davis as a political threat to both himself and his brother-in-law should either decide to run for the County Judge position. Moreover, he may see him as a threat to the “good ole boy network” that currently exists in the county. The only stench that exists is the idea of some people that government should be closed to the people and shame those who demand that the government be open. Nobody is trying to prevent anyone from being a Good Samaritan. Had the name of the donor been released when it was first requested, there would have been NO fanfare about the issue.
Just recently another lawsuit has been filed against the Oldham County Fiscal Court which more specifically relates to members of the Oldham County Police Department, including the Chief. Will John Black and his brother-in-law chastise Bruce Gentry, the plaintiff? Obviously Mr. Gentry doesn’t believe that Oldham County has treated him fairly. Further, he believes that they have violated federal law by discriminating against him.
Finally, John Black chose to criticize Magistrate Scott Davis and me about regarding an issue about which he obviously does have full knowledge of the facts, issues or laws. He would do well to educate himself before trying to tackle his next issue.
It is time for John Black to come out of the dark!
Mr. Black just does not understand that people working for the government, including regular employees, appointees, and the elected officials do not own the “company.”
They are just hired by the people to run the company much as stockholders hire a board of directors to run a company. This means that the people have a right to an open government and a right to check the books. Former United States president Ronald Reagan once said, “Trust, but verify.” Yes, there is information in the custody of the government that is not open for inspection by everyone such as national defense information, work schedules of employees, travel plans for the president, and many other items. However, most of those are at the national level and even they are subject to scrutiny by someone.
In a recent article that appeared in the Oldham Era, Mr. Black inferred that Magistrate Scott Davis and “his friend” filed legal action against Judge-Executive Duane Murner and LaGrange Mayor Elsie Carter in order to imply that they might not be trustworthy enough to accept an anonymous donation. I certainly am not ashamed to say that I am the “friend” to whom he is referring. What Black fails to state – or perhaps he just can’t grasp - is that the legal action would not have been taken had Murner and Carter complied with the laws of the Commonwealth relating to open records requests. Does Mr. Black believe that because of their position they are exempt from obeying the law? Even the president of the United States is subject to some form of opens records laws. In the federal arena it is known as “The Freedom of Information Act.”
Black also attacks Magistrate Scott Davis because he filed a lawsuit against Judge-Executive Murner in which he alleged that he conducted an illegal closed meeting of the Fiscal Court. John Black was not present at the meeting; therefore, he has no idea whether the meeting was illegal or not. That is, unless someone close to him has been telling him things which they should not have been. Is John Black saying that if the meeting was unlawful, that it should have been swept under the carpet due to the position of Judge-Executive Murner? I certainly hope not but it sure sounds that way.
Black criticized Magistrate Davis for remaining in a meeting that he thought was illegal. Duh! If had not remained in the meeting he would not have known what transpired and whether he thought that it was illegal or not. Davis did what any intelligent person would have done. John Black may not have had the courage or the intuition to remain in such a meeting but that does not make the actions of Magistrate Scott Davis illegal. John Black’s statement about the actions of Magistrate Davis reminds me of a supervisor who doesn’t have the knowledge to recognize or appreciate outstanding work by an employee. I am sure that most people have had a supervisor who fits that mold. It makes life tougher but you have to keep trudging on. We all had better hope that Magistrate Scott Davis keeps trudging onward.
Black also stated that people might think that he is in Judge Murner’s pocket. No, I don’t suspect that because he recently stated to me that he had some “markers” down in Frankfort that he could call in. This statement came when I asked him if he would be interested in the County Judge position should Judge Murner decide to resign before completing his term.
My take on this article is that John Black sees Magistrate Scott Davis as a political threat to both himself and his brother-in-law should either decide to run for the County Judge position. Moreover, he may see him as a threat to the “good ole boy network” that currently exists in the county. The only stench that exists is the idea of some people that government should be closed to the people and shame those who demand that the government be open. Nobody is trying to prevent anyone from being a Good Samaritan. Had the name of the donor been released when it was first requested, there would have been NO fanfare about the issue.
Just recently another lawsuit has been filed against the Oldham County Fiscal Court which more specifically relates to members of the Oldham County Police Department, including the Chief. Will John Black and his brother-in-law chastise Bruce Gentry, the plaintiff? Obviously Mr. Gentry doesn’t believe that Oldham County has treated him fairly. Further, he believes that they have violated federal law by discriminating against him.
Finally, John Black chose to criticize Magistrate Scott Davis and me about regarding an issue about which he obviously does have full knowledge of the facts, issues or laws. He would do well to educate himself before trying to tackle his next issue.
It is time for John Black to come out of the dark!
Thursday, January 15, 2009
OLDHAM COUNTY NAMED IN FEDERAL DISCRIMINATION LAWSUIT
On December 30, 2008 Bruce Gentry, a police officer with the Shelbyville, Ky police department filed a lawsuit against Oldham County alleging that the county discriminated against him by refusing to hire him due to his membership in and military commitments to the Kentucky National Guard.
The action was filed in the Federal District Court for the Western District of Kentucky pursuant to Title 38 U.S.C. §4301 which relates to the Uniformed Services Employment and Reemployment Rights Act.
The complaint alleges that:
Gentry applied for a position of employment with the Oldham County Police Department beginning in November 2007
Gentry passed all testing required by the Oldham County Police Department and was otherwise eligible for employment as a police officer with said county
Gentry was ultimately considered for a police officer vacancy within the Oldham County police department in the spring of 2008
Gentry successfully completed the application and interview process of the Oldham County Police Department in the summer of 2008
On June 30, 2008 Gentry learned from Tim Wakefield, an employee, agent, and servant of the Oldham County Police Department and Oldham County that Gentry would be offered the position for which he applied with the Oldham County Police Department
On June 30, 2008 Gentry was informed that his starting salary would be approximately $48,900.00
Lt. Wakefield, an employee, agent, and servant of Oldham County and the Oldham County Police Department, also informed Gentry that he would begin working second shift
On July 1, 2008, Gentry was contacted by Detective Latham, acting as an employee, agent or servant of Oldham County and the Oldham County Police Department, and was informed that Gentry’s likely starting date would be August1, 2008
That Detective Latham, acting as an agent, servant and employee of Oldham County and the Oldham County Police Department, requested permission from Gentry to contact the Shelbyville Police Department Chief of Police regarding Gentry’s departure from the Shelbyville Police Department and employment with Oldham County
That the Oldham County Police Department, acting through its agents, servants and employees, informed Shelbyville Police Chief Schuttle on or about July 1, 2008, that it was offering Gentry an employment position with Oldham County in its Police Department
That on or about July2, 2008, Lt. Wakefield, as an agent, servant and employee of Oldham County and the Oldham County Police Department, asked Gentry what Gentry’s military commitment was, and Gentry informed Wakefield of said commitment
That after advising Wakefield of his military membership and commitment, Gentry was told by Wakefield, acting as an employee, agent and servant of Oldham County, that the Oldham County Police Department decided to advertise and solicit applications for the position for which Gentry had been informed he would fill
On July 3, 2008, Chief Griffin of the Oldham County Police Department, acting as an agent, servant and employee of Oldham County, Kentucky, informed Chief Schuttle of the Shelbyville Police Department, that Gentry’s status had changed because of his military commitments
On or about October 6, 2008, the Oldham County Police Department informed Gentry that the position he sought had been filled by another candidate.
The complaint further alleges that Oldham County denied Gentry initial employment on the basis of, and because of, his membership in and his commitment to the Kentucky National Guard, and that his membership, status and commitment were motivating factors in their decision. Finally, the complaint alleges that Gentry was discriminated against by Oldham County because of his military membership and status in violation of Title 38 U.S.C. §4301.
In addition to asking for a jury trial Gentry is asking for compensatory damages, punitive and liquidated damages, and attorney fees.
It must be pointed out that claims filed in an initial complaint only give one side of the story and the defendants have a right to have their day in court. However, the allegations in this complaint are very strong and VERY serious.
Although Judge Murner is not listed in the complaint, as the County Judge and top executive officer he ultimately shoulders the responsibility of the actions of his subordinates. Further, Chief Griffin must have any new officer’s employment approved by the fiscal court which leads me to believe that Judge Murner was probably aware of the actions in this case.
If, and I emphasize the word “if”, the allegations in this complaint are true, it is a sad, and shameful, day for the county. There is absolutely no excuse for action of the type alleged in this complaint. Even if such activity were not against the law, it simply would not be ethical or moral to discriminate against the defenders of our country – especially at a time when are country is losing soldiers on a daily basis abroad while they are defending our freedom.
From personal experience, I know that having employees who have a military obligation can present problems for management and require sacrifices on the part of other employees. However, it is part of the job and if you can’t handle it, you should resign your position.
I will certainly be disappointed if these allegations are found to be true. However, I will not be surprised if they are true considering the recent disregard for the Supreme Court of Kentucky that I have seen Judge Murner display. All of the people named in this complaint are sworn to uphold the law, not break it. Let’s hope that they have not broken the law.
I would offer this advice to Judge Murner. If the allegations are true, make every attempt to settle this issue out of court in order to save the county money and embarrassment. Also, I certainly hope that former County Judge John Black and his brother-in-law, Magistrate David Voegele, don’t decide to chastise Bruce Gentry for filing this lawsuit. If John Black’s recent article in the Oldham Era is any indication of his position on lawsuits filed against the present County Judge due to perceived wrongdoing, he may also take a similar position in this case. They need to understand that this is a federal lawsuit and not an issue that will be decided in some smoke-filled backroom. However, this may bring about a couple of closed sessions of the fiscal court. On the other hand maybe not, as Judge Murner apparently handled the most recent lawsuits against him without consulting the court because there were no closed sessions and the issue was not mentioned in open court.
The action was filed in the Federal District Court for the Western District of Kentucky pursuant to Title 38 U.S.C. §4301 which relates to the Uniformed Services Employment and Reemployment Rights Act.
The complaint alleges that:
Gentry applied for a position of employment with the Oldham County Police Department beginning in November 2007
Gentry passed all testing required by the Oldham County Police Department and was otherwise eligible for employment as a police officer with said county
Gentry was ultimately considered for a police officer vacancy within the Oldham County police department in the spring of 2008
Gentry successfully completed the application and interview process of the Oldham County Police Department in the summer of 2008
On June 30, 2008 Gentry learned from Tim Wakefield, an employee, agent, and servant of the Oldham County Police Department and Oldham County that Gentry would be offered the position for which he applied with the Oldham County Police Department
On June 30, 2008 Gentry was informed that his starting salary would be approximately $48,900.00
Lt. Wakefield, an employee, agent, and servant of Oldham County and the Oldham County Police Department, also informed Gentry that he would begin working second shift
On July 1, 2008, Gentry was contacted by Detective Latham, acting as an employee, agent or servant of Oldham County and the Oldham County Police Department, and was informed that Gentry’s likely starting date would be August1, 2008
That Detective Latham, acting as an agent, servant and employee of Oldham County and the Oldham County Police Department, requested permission from Gentry to contact the Shelbyville Police Department Chief of Police regarding Gentry’s departure from the Shelbyville Police Department and employment with Oldham County
That the Oldham County Police Department, acting through its agents, servants and employees, informed Shelbyville Police Chief Schuttle on or about July 1, 2008, that it was offering Gentry an employment position with Oldham County in its Police Department
That on or about July2, 2008, Lt. Wakefield, as an agent, servant and employee of Oldham County and the Oldham County Police Department, asked Gentry what Gentry’s military commitment was, and Gentry informed Wakefield of said commitment
That after advising Wakefield of his military membership and commitment, Gentry was told by Wakefield, acting as an employee, agent and servant of Oldham County, that the Oldham County Police Department decided to advertise and solicit applications for the position for which Gentry had been informed he would fill
On July 3, 2008, Chief Griffin of the Oldham County Police Department, acting as an agent, servant and employee of Oldham County, Kentucky, informed Chief Schuttle of the Shelbyville Police Department, that Gentry’s status had changed because of his military commitments
On or about October 6, 2008, the Oldham County Police Department informed Gentry that the position he sought had been filled by another candidate.
The complaint further alleges that Oldham County denied Gentry initial employment on the basis of, and because of, his membership in and his commitment to the Kentucky National Guard, and that his membership, status and commitment were motivating factors in their decision. Finally, the complaint alleges that Gentry was discriminated against by Oldham County because of his military membership and status in violation of Title 38 U.S.C. §4301.
In addition to asking for a jury trial Gentry is asking for compensatory damages, punitive and liquidated damages, and attorney fees.
It must be pointed out that claims filed in an initial complaint only give one side of the story and the defendants have a right to have their day in court. However, the allegations in this complaint are very strong and VERY serious.
Although Judge Murner is not listed in the complaint, as the County Judge and top executive officer he ultimately shoulders the responsibility of the actions of his subordinates. Further, Chief Griffin must have any new officer’s employment approved by the fiscal court which leads me to believe that Judge Murner was probably aware of the actions in this case.
If, and I emphasize the word “if”, the allegations in this complaint are true, it is a sad, and shameful, day for the county. There is absolutely no excuse for action of the type alleged in this complaint. Even if such activity were not against the law, it simply would not be ethical or moral to discriminate against the defenders of our country – especially at a time when are country is losing soldiers on a daily basis abroad while they are defending our freedom.
From personal experience, I know that having employees who have a military obligation can present problems for management and require sacrifices on the part of other employees. However, it is part of the job and if you can’t handle it, you should resign your position.
I will certainly be disappointed if these allegations are found to be true. However, I will not be surprised if they are true considering the recent disregard for the Supreme Court of Kentucky that I have seen Judge Murner display. All of the people named in this complaint are sworn to uphold the law, not break it. Let’s hope that they have not broken the law.
I would offer this advice to Judge Murner. If the allegations are true, make every attempt to settle this issue out of court in order to save the county money and embarrassment. Also, I certainly hope that former County Judge John Black and his brother-in-law, Magistrate David Voegele, don’t decide to chastise Bruce Gentry for filing this lawsuit. If John Black’s recent article in the Oldham Era is any indication of his position on lawsuits filed against the present County Judge due to perceived wrongdoing, he may also take a similar position in this case. They need to understand that this is a federal lawsuit and not an issue that will be decided in some smoke-filled backroom. However, this may bring about a couple of closed sessions of the fiscal court. On the other hand maybe not, as Judge Murner apparently handled the most recent lawsuits against him without consulting the court because there were no closed sessions and the issue was not mentioned in open court.
Sunday, January 11, 2009
HAS THE BUSINESS OF THE OLDHAM COUNTY FISCAL COURT BECOME MORE TRANSPARENT OR MORE SECRETIVE?
During the first nine months of 2008 the Oldham County Fiscal Court went into “closed session” seven times. After their last closed session in September, Magistrate Scott Davis alleged that the closed session of September 16, 2008 was illegal. Since that time there have been no closed sessions.
I immediately begin to ask myself why there no longer seems to be a need for those back room meetings outside the reach of the public. In the past most of the meetings have been alleged to have been necessary due to personnel matters or the acquisition of land. I know that the county has been involved in litigation since September but now there is apparently no need to discuss it secretly. Perhaps it is being discussed secretly among certain privileged people. It is possible that the lawsuit filed by Magistrate Scott Davis has really driven the Fiscal Court underground. Hopefully that it is not the case and it has made the court more transparent.
I certainly believe in open government. After all, the people own the government and they just hire the politicians and the other employees to manage the government. Obviously there are times when government cannot be entirely open. Most prudent people easily understand those situations and do not have a problem with them. On the other hand, too many secret meetings begin to raise eyebrows. Let us hope that the recent decline of closed sessions is a result of someone’s decision to have a more open government rather than a decision by someone to just have closed sessions without telling the public and selected magistrates.
I immediately begin to ask myself why there no longer seems to be a need for those back room meetings outside the reach of the public. In the past most of the meetings have been alleged to have been necessary due to personnel matters or the acquisition of land. I know that the county has been involved in litigation since September but now there is apparently no need to discuss it secretly. Perhaps it is being discussed secretly among certain privileged people. It is possible that the lawsuit filed by Magistrate Scott Davis has really driven the Fiscal Court underground. Hopefully that it is not the case and it has made the court more transparent.
I certainly believe in open government. After all, the people own the government and they just hire the politicians and the other employees to manage the government. Obviously there are times when government cannot be entirely open. Most prudent people easily understand those situations and do not have a problem with them. On the other hand, too many secret meetings begin to raise eyebrows. Let us hope that the recent decline of closed sessions is a result of someone’s decision to have a more open government rather than a decision by someone to just have closed sessions without telling the public and selected magistrates.
Monday, January 5, 2009
LAGRANGE CITY COUNCIL V. OLDHAM FISCAL COURT
I attended the LaGrange city council meeting tonight and was pleasantly surprised to see the council vote unanimously to conduct a further review the proposed Planning and Zoning (P&Z)ordinance for the city before voting on it. Although both Louise Allen, who is in charge of P&Z and Kevin Jeffries, who is the chairman of the P&Z Commission were there and spoke favorably of the new ordinance, the council decided to trust their own review of the ordinance before voting on it. The council voted to send the ordinance back to the ordinance committee and then to vote on the ordinance at the next scheduled council meeting in February.
This action is in stark contrast to the action of the Oldham County Fiscal Court which recently voted to pass the ordinance for the county. Both ordinances contained several changes that allow the P&Z Commission more leeway which in turn will allow for the approval of more development in the county. Only one magistrate, Scott Davis, voted against the ordinance.
I have only attended a few LaGrange council meetings but I must admit that tonight the council presented itself more like a deliberating government body conducting the people’s business than the robot driven Oldham County Fiscal Court usually does. I congratulate the council.
This action is in stark contrast to the action of the Oldham County Fiscal Court which recently voted to pass the ordinance for the county. Both ordinances contained several changes that allow the P&Z Commission more leeway which in turn will allow for the approval of more development in the county. Only one magistrate, Scott Davis, voted against the ordinance.
I have only attended a few LaGrange council meetings but I must admit that tonight the council presented itself more like a deliberating government body conducting the people’s business than the robot driven Oldham County Fiscal Court usually does. I congratulate the council.
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