Sunday, December 26, 2010

WILL OLDHAM COUNTY HAVE ANOTHER FISCAL COURT THAT DISRESPECTS THE LAW

The Murner-led Fiscal Court is over for all intent and practical purposes. The court held its last meeting on December 21, 2010. Each Magistrate took the opportunity to express his/her gratitude for having been elected by their constituents. There was an unusual appearance of harmony among the Magistrates - probably more than since their first meeting four years ago.

Personally, I am very glad to see the end of the Murner-lead Fiscal Court. Judge Murner demonstrated a total disregard for the law - especially where open government was concerned. Many people were glad to see him reined in by a court of law over his illegal acts of secrecy. Murner has constantly bragged about achieving a balanced budget and ending his term with a major surplus. I never heard him say that he balanced that budget by raising taxes, which he significantly increased on Oldham County families. He always claimed that the balanced budget was due to cuts in personnel and other cuts in the budget; an example of misleading the public that was the trademark of the Murner administration. However, in the end the escalation of taxes and fees proved to be fatal to Murner’s hope of having his hand-picked successor be elected as County Judge/Executive. Still further, the escalation of taxes and fees also served to cause several Magistrates to fail in their endeavor to be re-elected. Some of them may not realize this or want to accept it, but any non-biased person can easily see it. That is what blind loyalty can do for you.

Now the obvious question is: will the incoming Magistrates be as blind as some of those whom they are replacing? They will get their first test at the first meeting on January 3, 2011. At that first meeting, the new County Judge/Executive, David Voegele, will present to the court/new Magistrates the names of several people that he will be hiring for their approval.

Of the names of the people Judge Voegele will present will be John Black, his brother-in-law. Judge Voegele has selected Black to be his deputy. The fact is that Voegele does not need the approval of the Fiscal Court for the position of Deputy County Judge/Executive. However, Voegele has stated that he would present Black to the court along with the names of his other new-hires. By doing this Voegele will be asking the Magistrates to violate the county administrative code - or at least condone his questionable selection. That is simply being insensitive to the members of the court. Seems like another County Judge we’ve seen over the past four years doesn’t it?

The present Oldham County code of ethics is part of the county administrative code. Section 4.3 (Nepotism) of the code states: “Members of any County government officer’s or employee’s immediate family are ineligible for employment by the Fiscal Court.”

The selection of John Black by David Voegele is clearly nepotism and should not be tolerated. Moreover, by Voegele asking the court to approve or condone the selection of Black he is showing disrespect for them and asking them to do something that that they may be criticized for doing by their constituents. He is also taking advantage of the fact that some of the members are new to the court and may not feel comfortable opposing him in the very first meeting. Although this may be a good tactical move by Voegele, it is unethical. The people of Oldham County will get a very good sense of the direction that this court will follow for the next four years. David Voegele can be assured that the people will not forget what he is doing.

Judge Voegele may say that he is selecting Black because he is very qualified by virtue of the fact that he was the County Judge before. That argument has several holes in it. First, the people of Oldham County no longer wanted Democrat John Black as County Judge as he was defeated in his bid for a third term by Mary Ellen Kinser. Second, surely Voegele had someone else in mind to be his deputy should John Black have been elected to the Kentucky State Senate seat that he sought, though he was soundly defeated by Republican Ernie Harris. Then there is the fact that the “end does not justify the means”, especially when the “means” result in a violation of the law; a law that John Black instituted when he was the County Judge. How ironic is that now? When John Black sought the change in the administrative code did he believe that the change should only be applicable to others and not him? In other words, do as I say, not as I do.

David Voegele still has time to correct his mistake but does he have the desire to do what is right or will it be full speed ahead, the law be dammed?