Sheriff Evicts Insiders - The First Victory in the Cleansing of Jackson County Legislature

First, big kudos to Sheriff Mike Sharp, who has taken a stand against the literal insiders who have used courthouse access to unfairly gain early access to getting their name first on the ballots. In prior years, incumbents would use their courthouse passes to get in and file for themselves and friends while the hopes for reform sat outside in the cold.

Finally, Mike Sharp has put an end to that odious and unfair practice. Using his role as chief of security for the courthouse, he decided to take names at the courthouse door starting at 5:00 yesterday.

I had written about the unfairness of the prior system before, when Theresa Garza Ruiz proposed a simple and fair fix to the insider game. Greg Grounds joined her in seeking to eliminate cronyism.

Heny Rizzo voted for special insider privileges.

Dan Tarwater voted for special insider privileges.

James Tindall voted for special insider privileges.

Scott Burnett voted for special insider privileges.

Dennis Waits voted for special insider privileges.

Fred Arbanas voted for special insider privileges.

Bob Spence voted for special insider privileges.

Not surprisingly, even under the new system, Henry Rizzo managed to find a way to use his position to engage in petty cheating. He loathes Theresa Garza Ruiz because she has consistently sought to bring openness and reform to the Jackson County legislature. With that in mind, he let Ruiz's opponent cut in line to get his name on the ballot before her.

Can you believe that? Most people grow out of that kind of behavior in 1st grade, but Henry Rizzo and his friend apparently did not.

Day 100 of the Jackson County Ethics Blackout

It's now been over a hundred days since Jackson County has had functioning Ethical Home Rule. A hundred days for people like Henry Rizzo, James Tindall and Dan Tarwater to thank their lucky stars that no local authority exists to examine what they are doing with millions of dollars of COMBAT funds. A hundred days of a broken ethics system.

This is how they like it. They think they're winning.

By exempting themselves from Ethical Home Rule, the Jackson County legislators have abandoned one of the key tenets of Jackson County government. As wise commentators here have pointed out, principles of statutory construction probably make their monarchic attempts to place their ethics beyond scrutiny legally ineffective - but, until we have a panel of brave citizens with the courage to fight the kind of fight that Rizzo and Burnett and the rest of the anti-Ethical legislators will fight to free themselves from scrutiny, it looks like we will have no functioning Ethical Home Rule in Jackson County.

Have they really won, though? In reality, they have lost more than they know.

First, almost all of them will face vigorous challenges in the 2010 elections. Rizzo will lose his election. Tarwater will lose his election. Tindall will lose his election. Burnett, Spence and Waits will face stronger challenges than they've ever seen, and two of them will lose their seats in races defined by ethical issues. Arbanas will attempt to handpick a successor, but his seat will go to an experienced politico running on a pro-Ethical Home Rule platform.

Second, they may well lose the COMBAT tax in the next reapproval election. By funneling all the money through a committee with a majority actually found guilty of financial crimes, they have undercut confidence in the administration of the COMBAT tax. It's a terrible shame, because the COMBAT tax accomplishes much good in our community, but, even if we weren't in the midst of an economic crisis, nobody can expect Jackson Countians to ignore the potential of massive corruption coupled with a refusal to accept Ethical Home Rule.

Third, they will lose the Ethical Home Rule battle anyhow, but not until they have destroyed their own credibility and electability in the process. Whether it's through the work of a few brave legislators who could bring this issue up for a reconsideration, or through a brave Ethics Commission taking on the battle of standing up for the Jackson County Home Rule Charter, or through a revision of the Charter to make it even more explicit that our legislators do not get to prevent their own ethical oversight, or even through an initiative petition, Ethical Home Rule will be restored in Jackson County.

Finally, the scrutiny is not going to stop. Now that we've hit day 100, I will be scaling back my Jackson County Ethics Blackout coverage to weekly updates on the misdeeds of the Jackson County legislature. There's plenty of material to do a daily piece, but there are other topics I want to cover in this blog, as well. By doing a weekly piece, bolstered by more time to do a few Sunshine Law requests and some insider interviewing, I'm hoping that less will be more.

Reduce the Size of the Legislature? - Day 68 of the Jackson County Ethics Crisis

I was discussing the Jackson County Ethics Blackout with a man who really knows the County, and he came up with a thought that hadn't even crossed my mind. "One of the problems," he pointed out, "is that we don't have enough work to keep 9 legislators busy, so they have too much time on their hands, and they bump into each other. If we really want an effective legislature, we should reduce it to 7 legislators."

My friend is correct.

Take a look, for example, at the committee structure. It's a classic of make-work and overlap:

Anti-Drug
Dan Tarwater, Chairperson
James D. Tindall
Henry C. Rizzo

Budget
Henry C. Rizzo, Chairperson
Bob Spence
Dan Tarwater
James D. Tindall

Finance & Audit
Dennis Waits, Chairperson
Bob Spence
Dan Tarwater

Health & Environment
James D. Tindall,
Chairperson
Greg Grounds
Dennis Waits

Inter-Governmental Affairs
James D. Tindall, Chairperson
Henry C. Rizzo
Bob Spence

Justice & Law Enforcement
Theresa Garza Ruiz,
Chairperson
Greg Grounds
James D. Tindall

Land Use
Fred Arbanas, Chairperson
Bob Spence
Theresa Garza Ruiz

Public Works
Bob Spence, Chairperson
Greg Grounds
Theresa Garza Ruiz

Rules
Greg Grounds, Chairperson
Henry C. Rizzo
Dan Tarwater

(There's enough material in this bizarre set-up to keep me writing for another month. Notice that Tindall and Rizzo, both with criminal records for their financial misdeeds, show up on both the Anti-Drug (COMBAT funds) and Budget Committees?)

Do we really need all nine of those committees, or do they exist solely to give each legislator an opportunity to chair a committee? Really, couldn't the work of the "Anti-Drug" Committee be handled by the Budget Committee and the Justice and Law Enforcement Committee, with the added benefit that we would not have $20 million tax dollars passing through the hands of a committee where the majority has a rap sheet? Similarly, couldn't the Land Use and Public Works Committee be combined into one entity, especially since Theresa Garza Ruiz and Bob Spence are the majority on both?

Do we even need a Health and Environment Committee? Or Intergovernmental Affairs? Shouldn't everyone be paying attention to those issues?

There's an old phrase that "Idle hands are the devil's workshop", and I think it applies to the Jackson County legislature. We have too many committees doing too little work, and we have both of our big money committees including Tindall and Rizzo.

Does anybody in Jackson County think that this unwieldy and strangely staffed committee structure is a good idea?

Even more to the point, does anybody think that we should trust these people to handle our money when they are adamant about avoiding local ethics oversight?

Too Much Cooperation? - Day 54 of the Jackson County Ethics Crisis

Cooperation is generally a good thing, but it has its limits. In the legislative world, too much agreement is a red flag that something is amiss. If a roomful of elected officials sworn to represent their constituents don't ever disagree, they are either not facing genuine issues or not having the courage to dissent.

Over the first 4 meetings of the 2009 Jackson County Legislature, Bob Spence is the only legislator to vote "no" on anything. No other legislator has broken from the herd even once. (To be completely fair, as always, I should point out that Fred Arbanas abstained from a vote to congratulate him on his birthday, and Scott Burnett abstained from the vote electing him Chair. So at least two legislators have a vocabulary that exceeds "aye". It's also worth noting that Henry Rizzo didn't abstain from the vote electing him Vice Chair, secure in his knowledge that ethics rules don't apply to the Jackson County legislature.)

During that time, the Legislature has spent hundreds of thousands of tax dollars, and changed the law in a fashion that will almost certainly cause children to be harmed in Jackson County, as well as property damage.

More tellingly, nobody has dared introduce an ordinance reversing the Legislature's anti-ethical exemption of itself from the Jackson County Ethics Code. I had correspondence with one legislator who agrees with me that the exemption should be reversed, but he won't introduce such a measure unless he knows it will pass. Sadly, going on record supporting ethics is less important than avoiding the wrath of the legislative leadership.

Folks, a good legislature is marked by spirited debate and respectful differences. A bad legislature is marked by fearful cooperation and gutless orthodoxy. A legislature that agrees on everything is not doing its job.

The Jackson County legislature is not doing its job.