5 Reasons I am Voting NO on COMBAT

I will be voting NO tomorrow on the extension of the COMBAT tax. I've struggled with this decision, but a vote for COMBAT is a vote for arrogance in County government. Here are my reasons.

1. County Government Cannot Be Trusted with a $20,000,000 Slush Fund. Make no mistake - County government has cleaned up its act over the past several years, but the lack of news coverage focusing on it has caused it to care less and less about the public trust. For instance, the committee that handles the COMBAT funds has 2 out of 3 members with genuine criminal records - crimes centered on financial misdealings. I acknowledge that voters of a district can elect who they want, but for the Legislature to place those two people on a $20,000,000 committee seems to be an intentional poke in the eye to those of us who care about good government.

2. The Vote Yes Campaign is Trashing Our County. The utter contempt that the bigwigs have for those of us who live here in their fiefdom is shown on the latest "vote Yes" mailer. On it, in a bright orange box, is a quotation from a recovering addict - "Without COMBAT, Jackson County would be like Iraq . . . with drugs." In an age where our County and City are trying desperately to lure business, tourism and Johnson Countians to our community, the politicos are conjuring images of bomb craters and shell casings. It is irresponsible, dishonest and frankly disgusting to issue such a statement, and I cannot imagine rewarding such behavior with a "yes" vote. If for no other reason, caring Jackson Countians should vote "no" as a rebuke to everyone involved in this effort.

3. $800,000 Timing Mistake. Why are we having this election now, when the tax does not expire for another 17 months? Because some backroom politicians decided that holding a special election now, at a cost of $800,000, would be a clever move at keeping turnout low, rather than holding the vote during a regular election. It's arrogance, people - we're voting tomorrow because some bigwig decided we should, and damn the taxpayer expense.

4. COMBAT Funds Get Wasted. Now, let me be crystal clear on this - the vast majority of COMBAT dollars get spent on good programs for great reasons. But some of it gets wasted - like paying a thousand dollars for a blogger to put a sticker on his car. The fact that one of our best legislators was criticized for being "picky" when she questioned the expenditure of a thousand tax dollars further illustrates just how uncaring our legislature is.

5. If We Vote No, We'll Get a Better COMBAT. Here's the key to the whole thing - we have 17 months to get COMBAT fixed and then get it approved by the voters. Right now, if you ask questions about how the program is being administered and what the plans are to improve it, you'll be told that they're working on it, and are in the process of revamping everything. "Trust us, we'll make it better." Yes, they really do hope and believe that Jackson County voters are dumb enough to trust that the legislature will make improvements after they get their way. This is the same crowd of legislators that fought Ethical Home Rule for almost 6 months. Let them make their changes first, and then come to us for approval.
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As a responsible citizen, I cannot in good conscience vote for the renewal of the COMBAT Tax at this time. I am not blind to the good it has accomplished, but one would be hard pressed to spend $20,000,000 every year without accomplishing some good. I want something better, and I think the Jackson County legislature deserves a rebuke, not a reward. I will vote NO on COMBAT.

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.

Who's Chairing the Anti-Drug Committee? - Day 91 of the Jackson County Ethics Blackout

According to every official document I have seen, Dan Tarwater chairs the Anti-Drug Committee, a powerful committee that controls the $21 million COMBAT tax. As the only member of the committee who does not have a rap sheet for financial crimes, he is probably the least inappropriate person of that committee to be in charge.

Why, then, is James Tindall claiming to chair the Committee, and using County resources to publicize that claim? Is it an attempt to convince inattentive outsiders that he is more influential over the dollars than he truly is?

Of course, it's probably just a mistake. But, with the County Legislature fighting hard against Ethical Home Rule, and with an Anti-Drug committee consisting of two people with financial rap sheets, it's dangerous to assume that things are on the up-and-up.

Until the legislature accepts Ethical Home Rule, it does not deserve the benefit of any doubt.

Why is James Tindall using county resources to claim he is chairing the Anti-Drug committee?

Retraction Regarding Criminal Dominance and Influence on the Jackson County Legislature - Day 86 of the Jackson County Ethics Blackout

A couple days ago, I referred to the Jackson County legislature as "dominated by criminals". A commenter questioned my description, and, to be completely fair (as always), the legislature is not necessarily, in fact, dominated by criminals. It is, however, influenced by criminals. And, in its infinite wisdom, the legislature has chosen to appoint two of its legislators with rap sheets to a three person committee handling every nickel of the COMBAT Fund, which gives those individuals unusually strong influence over the disbursements of the Legislature.

So, I'd like to retract my previous statement about the Jackson County legislature. I am not sure it is 100% fair to claim that it is dominated by criminals. Instead, I would prefer to make the 100% accurate claim that "In boom times or tight times, though, one thing remains constant - the Jackson County Legislature is scandalously under-regulated, influenced by criminals and defying local ethics oversight."

My apologies for any confusion.

Tarwater Vulnerable? - Day 85 of the Jackson County Ethics Blackout

It has been 15 years since Dan Tarwater was first elected to the Jackson County legislature. I remember the election well - it was my first exposure to how slimy Jackson County politics can be. Tarwater cruised to a victory over a young lawyer named Matt Davis, partially by recruiting a woman named Mary Davis to appear on the ballot as M. Davis. Tarwater was part of the Bill Waris operation, and Matt Davis was like that brave student in Tiananmen Square, only the tank didn't even slow down.

Since that time, Tarwater hasn't faced a serious opponent. According to Missouri Ethics Commission reports, it's been well over a decade since Dan Tarwater has raised more than $500 to support a campaign. Even in 2008, when other unchallenged politicians were raising money for their more embattled friends, Tarwater sat on the sidelines and only made token contributions to a couple organizations.

While Tarwater was a tank in 1994, 15 years can gather a whole lot of rust. Since that time, he has gathered bad publicity in the form of a brawl with another legislator, on-again-off-again bribery issues asserted by former Chair Katheryn Shields concerning COMBAT funds (he's the only one on the Anti-Drug Committee who hasn't been convicted for criminal financial behavior), and he's given his aide lavish bonuses from county funds. Et cetera.

Now that Tarwater has come out aggressively against Ethical Home Rule, he has made himself an attractive target for a spirited campaign in 2010. I've heard rumblings that some budding politicos in the south Ward Parkway corridor are talking to friends about running on a pro-Ethical Home Rule platform.

Here's a map of the district. Take a second and think about all the good people in that district, who could really bring something fresh and positive to the Jackson County legislature . . .

They Want to Win When They Lose? - Day 84 of the Jackson County Ethics Blackout

While the Kansas City Star assiduously avoids mentioning it, there's gold in the Jackson County Courthouse. $678 MILLION dollars are being doled out in Jackson County's 2009 Budget, which is actually a reduction from the prior year. In boom times or tight times, though, one thing remains constant - the Jackson County Legislature is scandalously under-regulated, dominated by criminals and defying local ethics oversight.

That makes the Jackson County Legislature a playground for lobbyists. Two out of three members of the committee that handles the $21 million dollars of COMBAT funds have criminal records for financial crimes - a majority with a rap sheet! And both of those individuals (Henry Rizzo and James Tindall) have voted against local ethics oversight.

If you ask a County Legislator about the Ethics Blackout, he or she will likely lie to your face and claim it's no big deal, because the Legislature is covered by the Missouri Ethics Commission. It's apples and oranges, though - the Jackson County Ethics Code includes important provisions ignored by the State Ethics Code. As pointed out earlier during the Jackson County Ethics Blackout, the Missouri Ethics Commission doesn't even prevent our brawling legislators from showing up to meetings drunk or stoned!

Another, more profitable, difference between the Jackson County Ethics Code and the Missouri Ethics Code is that Missouri has no provision about former legislators coming back to lobby their former colleagues, while the Jackson County Ethics Code includes a prohibition against former elected officials profiting off of old backroom favors for a year.

In short, if they lose their next election, they want to be able to cash in on the cronyism and corruption that they have fought to preserve. They know who to ask and where to apply pressure for COMBAT funds, and they want to be able to sell that knowledge to the highest bidder when they finish their "public service".

That's only one of many reasons Jackson Countians must defeat the Jackson County Ethics Blackout, and why the criminal element of Jackson County government is fighting so hard to fight Ethical Home Rule.

To Whom, for What? - Dan Tarwater Resists Local Oversight but Spends a Quarter Million Dollars - Day 75 of the Jackson County Ethics Blackout

A quarter million dollars is a lot of money. In a time of tight budgets and taxpayer suffering, a Jackson County politician ought to be as open and transparent as possible when proposing to spend a quarter million dollars of tax money. Such a massive investment deserves a little fanfare, right?

Not in Jackson County world.

Here's an agenda item on the legislative calendar for Monday's meeting, quoted in its entirety:

AN ORDINANCE appropriating $255,410.00 from the fund balance of the 2009 Anti-Drug Sales Tax Fund and authorizing the County Executive to execute agreements with certain outside agencies which engage in anti-drug prevention activities for the purpose of preventing illegal drug use and drug-related offenses, at an aggregate cost to the County not to exceed $1,715,067.00.

As my father would have said, "Clear as mud, but it covers the ground."

Good citizens with adequate computer skills are able to dig a little deeper and gain access to the ordinance itself, but it's a pointless exercise. Who is the money going to? The ordinance identifies them only as "certain outside agencies engaged in anti-drug prevention activities". What will they do for the money? It's not really stated, but the most clear statement we get is that they will "engage in anti-drug prevention activities for the purpose of preventing illegal drug use and drug-related offenses." What does that even mean?

(As an aside, I hope that the money would be spend FOR drug prevention activities, not for "anti-drug prevention activities".)

Why the secrecy? Why the coded talk of "certain outside agencies", instead of saying who's getting how much for what?

More ominously, this coded quarter million dollar transaction is sponsored by none other than Dan Tarwater, one of the defenders of the exemption of Jackson County legislators from the Jackson County Ethics Code, and the only member of the Jackson County Anti-Drug Committee without a rap sheet for financial misdeeds. Who's profiting, and how are they connected?

Jackson County taxpayers have every right to be suspicious. When the same people siphoning huge contracts to secret parties are the same people who refuse to accept local ethics oversight, they haven't earned the benefit of the doubt.

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?

What's the Going Rate for Backroom Deals?

Apparently, a cool thousand dollars is not large enough to trigger the gag reflex of our Jackson County Legislature.

Yesterday, the Jackson County legislature was going over the COMBAT Funds, and Theresa Garza noticed an unusual item - a thousand dollars is being directed to crime activist Alonzo Washington for a decal on his car. No, I'm not kidding -

A brief flare-up among Jackson County legislators occurred Monday over a proposal to give $1,000 in COMBAT anti-drug tax money to anti-crime activist Alonzo Washington.

Washington plans to display the COMBAT message on a vehicle he uses to visit crime scenes in the inner city and urge members of the community to provide tips to police.

I have nothing against Alonzo Washington - I admire his dedication to fighting crime. BUT, I have a huge problem with paying him a thousand dollars for putting a COMBAT sticker on his car, and I appreciate Theresa Garza having the good taste and courage to question this bit of sleazy misappropriation of my tax dollars.

For her efforts, she got lectured by convicted criminal James Tindall. He called her picky for raising a question over $1,000. Can you imagine the gall of Tindall - who was convicted of tax fraud daring to speak to anyone about how to spend money on crime prevention??

Sadly, Garza backed down, and did not oppose the thousand dollar sticker. Apparently, backroom deals for COMBAT funds are okay if they're only four figures . . .