Category Archives: Law

Nathan Deal coming to Valdosta on May Day

The “right to work” governor of Georgia is visiting Valdosta and Lowndes County on May Day, which is a worker’s holiday many other places.

According to the Valdosta-Lowndes County Chamber of Commerce, 2012 State Legislative Luncheon 05/01/12 – 05/01/12,

The Chamber’s annual state legislative luncheon will feature Governor Nathan Deal, who will share highlights from the 2012 Legislative Session. Hosting the Gov. along with the Chamber is Sen. Tim Golden and Reps. Ellis Black, Amy Carter, and Jason Shaw.

Registration is $25 for Chamber members and $40 for all others. Chamber members can purchase a corporate table for ten for $250. Attendees must register by noon on April 20.

Location: James H. Rainwater Conference Center

In many countries May Day is a holiday celebrating workers’ rights. Georgia is a “right to work” state (translation: workers can be fired at any time for any reason), and the Chamber promotes that:

Continue reading →

McDonald’s maybe left ALEC last year or last month

McDonald’s doesn’t seem to know when exactly it left ALEC, if it ever did. They do know how to build a fast food store in a local neighborhood that doesn’t want it, though.

Ryan Grim wrote for HuffPost yesterday, and then updated, McDonald’s Says It Left ALEC In March 2012 [UPDATE],

Under pressure from a progressive campaign to abandon the American Legislative Exchange Council (ALEC), McDonald’s is insisting that it left the controversial conservative organization in March.

Yes, but which March?

Continue reading →

Videos of Lowndes County and the mayors @ LOST 2012 04 09

Here are videos of the Local Option Sales Tax (LOST) talks yesterday morning between Lowndes County and the local cities (Valdosta, Hahira, Remerton, Dasher, and Lake Park. Not really negotiations, these were more an exchange of views. The county’s position is the same as Chairman Ashley Paulk told me after the county’s four minute work session earlier that morning: the county could claim 72% of LOST based on cost of services delivered to the whole county, but the county’s offer is to stick with the 58% share from 2002. The cities all would like a bigger share.

The venue was the county’s meeting room next to Commission Chambers. There was no sound feed available in there, so sound is variable.

First County Manager Joe Pritchard explained the state-mandated procedures and Lowndes County’s position, both of which were spelled out in a three page paper. Basically, the county wants to stick to the percentages negotiated in 2002, although by the county’s reckoning it could ask for a much higher percentage.

None of the cities had a written position paper. Valdosta Mayor John Gayle noted Valdosta had grown more than the county as a whole. County Chairman Ashley Paulk responded that the city couldn’t grow without the county growing. The Mayor said nontheless most growth was in Valdosta. The Chairman asked whether that was growth in households? The Mayor said he didn’t know the answer to that right now. The Chairman remarked that according to his reading of the census, it was mostly not in households.

Hahira Mayor Wayne Bullard Continue reading →

Lowndes County position on LOST negotiations @ LCC 2012 04 09

Lowndes County Clerk Paige Dukes handed out this document, Lowndes County’s Report for Initial LOST Negotiations: April 9, 2012, at that first LOST meeting yesterday. When I spoke to her later, I mentioned that I thought it was the very model of how to write such a document: clear, complete, pithy, and easily understandable. She did not have a readily-accessible electronic copy, so I’ve posted these scanned images on the LAKE website.

The document includes a summary of the negotiation procedure (60 days to negotiate, after which it goes to mediation, then Superior Court “baseball arbitration”), plus how and how much LOST can reduce property taxes.

The rest of the document is the county’s position, which includes that the county provides services such as sheriff, courts, public health, and animal control that benefit the entire county, and the county could claim 72% of LOST. However, the county is only asking for the same 58% as negotiated in 2002.

A few things I did not know include that the dedicated millage for Parks and Rec (VLPRA 1.5mil) and the Industrial Authority (VLCIA 1 mil) come out of county property taxes, not out of any city property taxes. Also VLCIA’s millage started since 2002, before which VLCIA was funded out of hotel-motel taxes, including Valdosta hotel-motel taxes.

I also remarked to Paige Dukes that I wished the cities had prepared similar position statements. She said they may be depending on LOST negotiating documents by the Georgia Municipal Association (GMA), and that there were similar documents by the Association of County Commissioners of Georgia (ACCG), both which you can find linked in on the LAKE website.

The ACCG guidelines include this interesting passage:

Continue reading →

Four minute work session @ LCC 2012 04 09

As I walked in the door, a couple minutes late due to construction on the hospital parking lot, Commissioner Crawford Powell said,

John, you’re late!

They were milling about and looked like they were about to start. But no, they had started early and Chairman Paulk told me the meeting had lasted four minutes because there hadn’t been much to say. So there are no videos of this morning’s Lowndes County Commission Work Session.

I remarked that it had seemed like a fairly complicated agenda, but he didn’t think so.

I asked him about this mysterious item:

7.b. Request from LCSO — GOHS Grant #2013-TEN-0077-00 & #2013-GA-0040-00

He said it is about some equipment to automate Sheriff’s deputies checking license plates against databases. I told him I had assumed they had already been doing that. He said they could do it by hand, but they’d get really tired trying to do as many as this device could do.

Presumably it’s similar to the Automatic License Plate Reader (ALPR) described by Doug Nurse in the AJC 20 March 2009, New police license plate scanner eyes criminals.

Alpharetta Police Officer John Allen said that a few weeks after the system became went online last August, he was driving home after a shift when the system alerted him that he had passed a stolen car. He wheeled around, and after a chase, arrested the thief.

“I never even saw the tag myself,” Allen said. “I would have just kept going. It catches things I would be unable to see.”

While I don’t know that I’m in favor of ALPR, it’s common enough elsewhere that I was actually surprised the famously drug-interdicting LCSO wasn’t already using it.

To the Chairman’s credit, as soon as I asked about the LOST meeting with the mayors, he said it was at 9:30 in the room next door, and the public was invited. I took videos of that LOST meeting, and they will appear soon.

-jsq

Shadowy LOST talks tomorrow morning among all the local elected governments @ LOST 2012 04 09

It’s great that the local cities and the county government think they can negotiate how to share Local Option Sales Tax (LOST) money this time without spending a lot of money suing each other like they did back in 2002. It’s not so great that they’re doing it at an unannounced time and place.

Kay Harris wrote Saturday in the VDT, LOST talks set to begin: County, cities to meet Monday,

As required by state law, Lowndes County issued a letter to the mayors of all the municipalities in the county, requesting they attend a renegotiation meeting Monday, April 9 to discuss LOST (local option sales tax) distributions.

“This has to be done and approved by the end of the year in order to stay in place, so we have to start the process now,” said Commission Chairman Ashley Paulk.

Well, that’s interesting. When is this meeting? Ah, the time of day wasn’t included in the article.

There’s a clue in David Rodock’s 31 March 2012 writeup about the Commission retreat, Continue reading →

Alcohol, development, and a tank? @ LCC 2012-04-09,10

A somewhat complicated agenda at Lowndes County Commission Monday morning (Work Session) and Tuesday evening (voting Regular Session): adoption of infrastructure for Laurelbrooke Subdivision Phase II, four public hearings (a rezoning, a road abandonment, a beer and wine license, and a liquor license). And these cryptic items:
7.a. Seminole Circle Property
7.b. Request from LCSO — GOHS Grant #2013-TEN-0077-00 & #2013-GA-0040-00
Your guess is as good as mine about the Seminole Circle Property. If the Commission wanted we the public to know, they would have told us.

Update 2012 05 06: fixed the date in the title.

However, I believe that 7.b. alphabet soup translates as Lowndes County Sheriff’s Office (LCSO) — Governor’s Office of Highway Safety (GOHS). The TEN in the grant numbers makes me wonder if those grants are related to GOHS’s Georgia Traffic Enforcement Networks:

The Governor’s Office of Highway Safety in cooperation with state and local law enforcement agencies has organized regional Traffic Enforcement Networks around the State of Georgia. There are currently sixteen regional traffic enforcement networks servicing all 159 counties in Georgia. The regional networks are open to all sworn law enforcement officers and prosecutors and are designed to enhance traffic enforcement activities through networking, training and legislation. The networks serve as a catalyst for traffic enforcement officers to voice their concerns and share ideas with their counterparts from other agencies in their region. Guest speakers and panelists have included state and municipal court judges, prosecutors, legislators, MADD representatives, Public Service Commission, and ALS judges.
LCSO participates in this TEN:
Southern Regional Traffic Enforcement Network (SRTEN) Counties included: Atkinson, Lowndes, Berrien, Brooks, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Ben Hill and Tift.
Or maybe they’re just buying another tank. Or will the Commission require that “surrounding counties could be persuaded to contribute” financially like they did when refusing an emergency vehicle grant?

I’m guessing the Commissioners won’t like me guessing what they’re up to. But, you know, if they told us, for example by putting board packet details online with the agendas, we wouldn’t have to guess.

Here’s the agenda.

-jsq

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, APRIL 9, 2012, 8:30 a.m.
REGULAR SESSION, TUESDAY, APRIL 10, 2012, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
Continue reading →

The socialized costs and privatized profits of waste disposal

In her response to my post about Commissioners panic about trash at undisclosed location, Barbara Stratton seems unfamiliar (like most people) with economic externalities. Here’s a definition:

A negative externality occurs when an individual or firm making a decision does not have to pay the full cost of the decision. If a good has a negative externality, then the cost to society is greater than the cost consumer is paying for it. Since consumers make a decision based on where their marginal cost equals their marginal benefit, and since they don’t take into account the cost of the negative externality, negative externalities result in market inefficiencies unless proper action is taken.

When a negative externality exists in an unregulated market, producers don’t take responsibility for external costs that exist—these are passed on to society.

Which is socializing the losses. A famous ongoing case of this is BP making record corporate profits while dumping huge amounts of oil into the Gulf of Mexico, continuing to destroy shrimping, wetlands, wildlife, and local people’s health.

And that’s what the County Commission is doing: privatizing the profits of trash pickup and socializing the losses onto landowners (who have to pay for fences and gates), onto the general public (who have to pay for law enforcement to catch dumpers), and onto those who can’t afford to pay for private dump fees (who will get stuck with fines instead). That is indeed, as Barbara says, “redistribution of wealth”: redistribution from the rest of us to the private waste pickup companies.

The Commission is ducking its responsibility to find an equitable solution that everyone can afford. Funny how they can deal with special tax lighting districts for subdivisions but they claim they can’t come up with a way to publicly fund waste collection. Could it be because all the voting Commissioners are town-dwellers who don’t understand that rural people don’t have exactly the same needs or resources as city people?

Barbara advocates,

Continue reading →

Avoid crony capitalism or conflict of interest —Barbara Stratton

Received Monday on Commissioners panic about trash at undisclosed location. My response is in the next post. -jsq

There are many injustices of socialism and redistribution of wealth (or garbage) and I’m glad to see you recognize this in the shifting of illegal dumping costs to landowners. I am also glad to see that at least the county is talking about privatization and not public/private partnerships (so far). When Hahira almost succeeded in placing a regional waste transfer station on city owned property
REZ-2007-32 City of Hahira, 0028 027 6751 Union Road, 2 lots, R-21 to M-2, DRI
I was concerned that the county was complacent in this because the Lowndes Board of Commissioners November 2007 meeting minutes showed they agreed to rezone the property for the purpose of the transfer station against the recommendations of the county planner, Jason Davenport. That rezoning action replaced a DRI (Development of Regional Impact) request for waste transfer station rezoning so it was easy to assume the county and possibly the region had a mutual agenda for the transfer station. During a recent discussion on the dangers of regional government with Valdosta mayor, Larry Hanson, I asked if the transfer station was a regional interest. He assured me the City of Valdosta had no knowledge and no interest in that transfer station prior to articles in the Valdosta Daily Times. I’ve not had an opportunity to discuss the possibility of mutual agenda with the county and if it comes up again in the future I am assuming proper procedures will be followed which mandate public meetings and input into the planning before a third DRI is entered, not after.

I worked a contract for the IT of a Pensacola, FL software company that had waste management software contracts all over the US. It was my job to be

Continue reading →

Coke and Pepsi exit ALEC

Yesterday Coca-Cola announced it would no longer be a member of ALEC, the law-drafting pressure group American Legislative Exchange Council. Pepsi already decided that last year. Voting with your pocketbook works! There’s plenty more to do: ALEC pushed Georgia’s HB 87 that provides “customers” for CCA’s ICE prison yet is opposed by local farmers; ALEC backed the “Stand Your Ground” law that Trayvon Martin’s killer is hiding behind; ALEC is behind the charter school constitutional amendment that will be on the ballot in November. ALEC is crony capitalism in our legislature, our neighborhoods, and our schools. Here’s one way to oppose ALEC that works.

Leon Stafford and Aaron Gould Sheinin wrote for the AJC yesteray, Coke cuts ties with ALEC,

“Our involvement with ALEC was focused on efforts to oppose discriminatory food and beverage taxes, not on issues that have no direct bearing on our business,” Coke spokeswoman Diana Garza Ciarlante said.

Here’s ALEC’s “model legislation”: A Resolution in Opposition to Deiscriminatory Food and Beverage Taxes,

…opposes all efforts — federally and on the state level — to impose discriminatory taxes on food and/or beverages.

Now I don’t like food taxes, either: they’re the very model of regressive taxes that affect the poor more than the rich. But beverage taxes? As in taxes on the sugar water Coca-Cola sells? Those might improve public health and increase state revenue.

So how much has Coke supported ALEC in this?

Ciarlante said the company would not disclose its financial support of ALEC but said it was restricted to yearly dues. She said it had been a member for approximately 10 years. The company had received some phone calls protesting its relationship with ALEC, she said, but declined to comment on the decision beyond the company’s statement.

I wonder how much other support Coke provided, as in for example introductions to power-brokers around Atlanta.

Coke’s rival Pepsi also declined to renew its ALEC membership when it expired at the end of 2011, spokeswoman Heather Gleason said. The company’s 10-year membership focused exclusively on tax issues related to the beverage industry, she said.

And Pepsi probably also didn’t want to talk about lobbying for tax breaks for sugar water while legislatures are cutting education budgets.

What does ALEC do, anyway?

Continue reading →