Tuesday, September 28, 2010

Big Bone University Public Policy Papers

The Political Rag Spectaculaire
Policy Paper No. 1

It hath been said of old time: "All politics is local."
But I say unto you: "All politics is personal!"
Socrates Ruggles, Esq.

I have started a new group: Citizens with a Grudge. SWAG, I mean, CWAG, but it is pronounced the same way. I am currently the only member, so we are all in a sort of agreement about almost everything. I also started the Rag Spectaculaire, a local political gossip sheet. I will swear every word in it is true; or, if it is not, it will be as true as my sources, and resources will allow. That should give me a little lee-way, but not much. No one knows everything; but we try. (We meaning myself and my tapeworm, as an editor once remarked.)

I have a few grudges. I'll admit them up front, and then you don't have to wonder, or try (perhaps with limited success) to figure out what they are. I think it was wrong of the Director and Administration of the Boone County Public Library to fire me for no reason after seven years of good work as a Reference Associate, and as the Local History Research Specialist. I think it is wrong for Gary Moore to be re-elected, when he is morally corrupt, and deserved to go to prison. I think it is wrong for Mr. and Mrs. Linda Talley Smith to pretend there will be no conflict of interests between the offices of District Judge and Commonwealth Prosecutor. I think it is wrong to pretend like Obama is the president, when he wasn't even born in this country. I think we are

Taxed
Enough
Already

I think it is time for a Pity Party — not for us — but for our country! This is the politics of the personal: I take it personally when people bring conflict into the community through their own self-interest. I take is personally when the local judge-exec treats women like they are sops to take the blame for his actions. I take it personally when he takes credit for measures he opposed (like tail-pipe emissions testing), and puts blame on others, when he was originally opposed also (like accusing Cathy Flaig in a mailer of opposing the Creation Museum, when the entire Court had opposed it until Answers in Genesis initiated a lawsuit!). It is stupéfactif, as the French say, and I'm here to tell you about the politics of stupefaction!

"If you only knew," they say. Well, now you are going to know, because I'm going to tell you; and you have only yourself to blame if you don't act on what you know, and remember in November.

Professionals are much looked up to in our society, but not always with good reason. There should be no professional politicians. I believe in term limits; even if a few good people are turned out from time to time. There are plenty of more good people where those came from, but the real danger is in continuing evil people in office. There are always good replacements for good people, and a truly good man would want to see another good man get a chance; why would it matter much if one bad person replace another? The present system (or lack of it) perpetuates corruption, waste, fraud, and incompetence. This is true at all levels. Longevity in office breeds contempt for the public and for public trust.

KACo

I am convinced that KACo, the Kentucky Association of Counties, is a grave threat to justice in the Commonwealth. I have evidence that KACo has spent millions of tax dollars to prevent suits against public officials from going to Court. They do this by paying private law firms to fight these suits. And (I believe) by influencing judges through various methods. One of these firms was Covington based Adams, Stepner, Woltermann, and Dusing. This is the firm that employed Joy, Gary Moore's wife before she became Appellate Judge.

There have been at least five lawsuits against Michael Helmig, Sheriff of Boone County, but none of them has ever made it to Court. This is not because they had no merit, but because of the influence of KACo. I have evidence in one case the Gary Moore covered up a huge payoff by the Sheriff's Department to settle a particular case against a deputy, until ordered to release the information by the Attorney General under Freedom of Information. This case involved a payoff of $1,000,000 of Boone County tax money. Two other cases involved people who were tazered illegally, one man in his own home. He sued, but the cases never came to Court. In another case, of which I have knowledge, a deputy entered a home and confiscated guns illegally. This was acknowledged by the Sheriff in a written statement, and yet he refused to return the guns. KACo was involved, and the man lost the Court case, though the Judge stated that the man's second amendment rights had been violated.

I have a copy of a letter in my possession on KACo letterhead, from Tim Sturgill, General Counsel for KACo, that shows that the firm of which Joy Moore was a member accepted $22,799.10 to fight a single case in Boone County against the Sheriff's Department. This document was released under orders from the Attorney General's office under the Freedom of Information Act. According to articles by Ryan Alessi in the Lexington Herald-Leader, this firm has received millions of Kentucky tax dollars to keep similar cases from coming to Court.

This is a travesty of justice, and it is paid for with your hard-earned tax dollars. Every Kentuckian who feels so strongly about an injustice that he, or she, is willing to take the risks that surround litigation in our justice system, should have the right to be heard in Court. But KACo, which I regard as the single greatest political threat to our liberties, as Kentuckians, prevents it. There are still many important issues relating to KACo to be discussed, but that is enough for this installation of the Rag; I have plenty more material!

Gary Moore

Gary Moore is a crapulent old man who cannot stay in his own bed. The C.O.M. cannot tell the truth, and he cannot stand criticism. Every time he attends the Teaparty Meetings he feels he must answer anything that is brought up against his administration — and, believe me, the list of grievances is long. He puts a "spin" on everything he says, and takes credit for everything accomplished.

The highlight of my many experiences at the Teaparty was when he tried to take credit for getting rid of tail-pipe emissions testing, and the citizen most responsible for co-ordinating the effort responded: "You fought us every step of the way!" That took guts. I admire that: it is the solution to the politics of stupefaction. We can't let the C.O.M and his cronies get by with these lies and this corruption any longer. It's bad for Boone County, and it is bad for morals; for him and others. I take that personally.

Gary Moore is endorsed by "Right to Life." That is good, I guess, though the office has nothing to do with abortion policies, and has no influence on that issue. But why should a man get credit for claiming to be against abortion, which his personal behavior is exactly of the kind that causes people to want abortions. Most abortions are the result of immoral behavior; for officials to indulge in this behavior is to sanction by example whatever is the result of it. This contradiction lies at the heart of Gary's political career. It is like the thief who proclaims the values of law and order. Or the poacher who claims to be for stronger game protection laws. Such hypocrisy is a staple of the ego stupéfactif.

I cannot cover all of these subjects here — but I must move on, or I will not get to air all of my grudges. I'll leave the library for another time, as I already have about five long essays on that topic, and their will be more. That issue can wait until after November; the issues involving candidates must take precedence. I'll also give you the scoop on Obama in another essay — did you know he smokes cigarettes and was born in Kenya? — I told you this was a gossip rag. Let's get on to the issue that rivals that of KACo, at the local level. The connivance of the Smith gang!

Mr and Mrs. Smith: Unequally Yoked!

Smith is a very common name. Many people do not realize that our Boone County Prosecutor, Linda Talley Smith, is the wife of Jeff Smith, who is an assistant of Robert Neace. Even many of the people who know this do not realize what it means.

When any two lawyers are married there are potential conflicts of interest; possibility is greatly magnified when they are both officials within the Court system. This is magnified to the inevitable when they are both in the same District Court. This is because the offices of District Judge and that of Prosecutor are linked by statute. Among other coordinated duties, all preliminary hearings for cases tried by the Commonwealth Attorney must be heard in District Court. If Jeff Smith were to be elected he must recuse himself from any case the Prosecutor brings to Court. In effect Boone County would have a Judge that cannot try a very large majority of the cases that would normally come before him. This is stupéfactif.

You say that wouldn't really matter. But the Supreme Court has already ruled that is does. A Court case decided in 2003, the Brandenburg case, involving drugs, was declared invalid, because someone working in the Prosecutor's office was related to someone in the Judge's office!

This is as it should be. The potential for injustice and conflict of interest is too great. But don't you see how much potential conflict the county would be inviting by this situation? The politics of stupefaction would be in full swing. And you ain't heard nothing yet! Things would go from bad to worse in short order. Our local Court system could be in chaos for years to come, since there would be uncertainly attaching to every single Court case tried during the tenure of these two individuals.

Let me explain that though I take this conflict of interest personally, I have no personal animosity to Linda and Jeff. They are the typical Yuppie couple trying to get ahead. The pay is good, the benefits, particularly the retirements, are great. You can't really blame them for trying to cash in on what appears to be an excellent career opportunity. However, this, for me, is beyond the cash; we will pay that in any case; it is about what is right for Boone County. Even the fact that Judge Moore, the C.O.M. wants Jeff (an insider) to be District Judge, should speak volumes about what this election means, and who stands to gain or lose influence by the result. Think about it.

Amanda Benshotten, the Enquirer reporter, wrote an article online about the Walton Parade in which she said that Jeff Smith's mobile sign, featuring a huge photograph of himself, trumped Rick Bruggemann's cavalcade with more than one hundred people. (Yes, I and six of my children were in it too. This is personal, remember!) I commented on Facebook that in my opinion people are more important than posters in any election, but, that if posters were the issue, Jeff Smith had a huge poster of himself, and Rick Brueggemann had a huge poster of the Constitution, and that, as far as I can see, that just about sums up the differences between the two candidates.

I guess that's about enough political stupefaction for now. But I assure you that everything I have told you is true:  Every word of it! My informants may not always be completely informed themselves, but my unerring judgment allows me to compensate for this, and you can rest assured that the truth has overcome all obstacles to reach you.


Jas. Duvall, M. A.
Professor of Muckraking and Criminology
Big Bone University
Nec ossa solum, sed etiam sanguinem.
25 Sep 2010. Minor revisions 28 Sep 2010.

Tuesday, September 21, 2010

A Constitutional Basis for a Taxpayers Suit against the Boone County Public Library

MEMO

by James Duvall, M. A.
Big Bone University
Big Bone, Kentucky


A Constitutional Basis for a Taxpayers Suit against the Boone County Public Library.


Section 180 of the Kentucky Constitution states that every Board "shall specify distinctly the purpose for which said tax is levied". It is arguable that if the purpose it to buy land and build millions of dollars worth of buildings, that should be distinctly states.


Furthermore, section 170 states that there is an exemption from taxation of "public libraries, their endowments, and the income of such property as it used exclusively for their maintenance."


It is more than arguable that millions of dollars in buildings and land are not maintenance. Therefore, income generated by the library though endowments, investment portfolios, and sales of land, and other income from property, would be taxable. This, however, is impossible for a tax-exempt organization: therefore, it must not engage in such activities as a means of expanding its operations, only of maintaining itself.


Cindy Brown, the former director of the Boone County Public Library, stated at a Board Meeting which I attended last year, that the excess of the fifty acres of land in North Bend (bought for $3.1 million) and not needed by the Library could be sold for enough to pay for the building they intend to erect. She even mentioned that a part of it that should be sold for a strip mall. Can an institution legally use tax money for such land speculation? Can tax money be so used if it was not specifically designated that it would be used in this manner?


If it is legal, what would most tax payers think of the propriety of a tax-supported institution speculating in land with tax monies, in competition with builders and others?


Again: Since the Constitution provides for maintenance, not the growth, of the institution, should not any levy for buildings have to be stated specifically as being for this purpose? Would not money raised by investment, and other means, fall outside this definition, and not be usable for such a purpose?


If it is true that "no tax levied and collected for one purpose shall ever be devoted to another purpose" (Section 180), could not a suit demand that the money be retained only for maintenance, that is, salaries, upkeep, and improving the book collection, etc. And would this not effectively bar the Library from proceeding to build three or more new additional buildings which are planned for Boone County? (North Bend, Walton, Rabbit Hash area; more eventually, according to the "Five Mile Plan"), that is unless the levy stated the money would specifically be used for building? The suit would ask for an immediate injunction (or "stop work" order) against any building on the North Bend site, and plans being prepared for the other sites until the Constitutionality of their proceedings have been determined by the Court.


Do not forget that it is also possible to impeach Board Members through the Fiscal Court, if they fail to do their duties satisfactorily. Perhaps the people can bring enough pressure to bear to bring a little fiscal sense to this organization!

Written 26 Aug 2010.

Saturday, September 4, 2010

"As the Freak Takes You . . ." — Hiking Advice from Robert Louis Stevenson

     A walking tour should be gone upon alone, because freedom is of the essence; because you should be able to stop and go on, and follow this way or that, as the freak takes you; and because you must have your own pace, and neither trot along-side a champion walker, nor mince in time with a girl.  And then you must be open to all impressions and let your thoughts take colour from what you see.  You should be as a pipe for any wind to play upon.

     I cannot see the wit," says Hazlitt, "of walking and talking at the same time.  When I am in the country I wish to vegetate like the country," — which is the gist of all that can be said upon the matter.  There should be no cackle of voices at your elbow, to jar in the meditative silence of the morning.  And so long as a man is reasoning he cannot surrender himself to that fine intoxication that comes of much motion in the open air, that begins in a sort of dazzle and sluggishness of the brain, and ends in a peace that passes comprehension.

Robert Louis Stevenson, "Walking Tours", in Works

Boone County Judges, Boone County, KY 1850-2010

 
Boone County Judges

This office was established by the Constitution of 1850. From 1799 to 1850 the Senior Justice of the County Court exercised county executive functions.
Lewis Youell 1851-1854
Benjamin Watts 1854-1858
Nathaniel Hawes 1858
Washington Watts 1858-1862
Robert Coleman 1862-1865
F. A. Boyd 1866
Washington Watts 1866-1870
Nathaniel Hawes 1870-1874
John Phelps 1874-1878
Cyrus Riddell 1878-1882
Lewis Dills 1882-1886
Edwin Baker 1886-1894
Benjamin Stephens 1895-1898
Charles Roberts 1898-1901
Perry Cason 1901-1919
Nathaniel Riddell 1919-1942
Carroll Cropper 1942-1962
Charles Niblack 1962-1964
Mary Jane Jones 1964
Bruce Ferguson 1964-1976
After the 1976 revision of the Constitution this office was styled Judge-Executive.

Bruce Ferguson 1976-1982
Terry Roberts 1982-1986
Bruce Ferguson 1986-1992
Kenneth Lucas 1992-1998
Larry Burcham 1998
Gary Moore 1999-2010
*Terry Roberts 2010
*Projected

James Duvall, M. A.
Big Bone University
Nec ossa solum, sed etiam sanguinem.
Big Bone, Kentucky

Thursday, September 2, 2010

School Excuses? Try "I Ate My Homework!"

A Story for your Children or Grandchildren
Download PDF or Print



School time.  Homework time (again). 
Having sisters does not help.
Mrs. Trundle just does not understand.

I don't have the pictures drawn, yet, but I think you might enjoy
this short story about my problems as a little boy.
Why wouldn't the teacher ever believe my excuses?
And it kept getting worse all the time.