Tag Archives: Law

Gov. Deal suspended 3 Brooks Co. School Board members

The two local TV stations have an update on the Quitman 10: the governor has suspended the three who were elected to the Brooks County School Board. If the VDT has covered this, I must have missed it. (OK, I should look at today’s paper….) There’s also nothing about this on the Brooks County School Board website.

Jade Bulecza wrote for WALB yesterday, Governor orders Brooks Co. School Bd. suspensions

Superintendent Debra Folsom got the governor’s order Tuesday suspending the three board members.

“This is all new territory for us,” said Folsom. “We’re consulting our attorney to see what the next steps we will take to fill the positions.”

December 20 a review commission made up of the attorney general and two school board members from across Georgia were appointed by the governor to review the case.

“They heard evidence from the prosecution and from the accused and the conclusion of that they made a determination and forwarded that to the governor’s office whether to suspend or not to suspend the three school board members,” said South Georgia District Attorney Joe Mulholland.

December 30, the review panel unanimously made their decision.

That would be the same Joe Mulholland who’s been on TV saying things like Continue reading →

Solar energy trust to help fund Bulloch County’s budget

This story is very interesting in light of Georgia’s territoriality agreement which (I am not a lawyer) basically says not just anybody can sell electric power to municipalities.

Mary Carr Mayle wrote for SavannahNow 27 September 2011, Solar firm establishes energy trust

Two area doctors, co-owners of the Tabby Power Solar Co. in Bulloch County, have formed the Georgia Energy Trust Fund to direct part of their company’s proceeds to the county.

And, while it will take more than a few generations – some 350 years, in fact – Savannah dermatologist Dr. Sidney P. Smith and Brunswick pathologist Dr. Pat Godbey hope the trust fund will eventually generate enough money to pay all of Bulloch County’s budget and create a prototype other rural Georgia counties can follow.

Initially, the doctors are donating 1.5 percent of the gross receipts from their six-acre solar farm in Pembroke to the trust, which will invest in state bonds for the county. The county will then receive half of the earned interest, with the other half reinvested for the county.

Interesting angle, that: they’re not directly selling the power to the county; they’re using some of their income to buy bonds for the county. And they’re inviting others to do the same:
Other county solar installations, both private and public, will be able to contribute to the fund, he said.
Will Georgia Power (or somebody) sue? We’ll see!

And they didn’t wait for North Carolina or New Jersey to do it first:

Smith believes the Georgia Energy Trust is the first trust fund of its kind in the country.

“It will lead to financial independence in the counties in which it is enacted.”

Sounds like a plan to me!

-jsq

Quitman 10 to see Gov. Deal in Atlanta —George Rhynes

Received today. -jsq
Moreover, I have just been notified that the Quitman 10 will be traveling to Atlanta on Friday to meet with Georgia Governor Deal about remaining on the Brooks County Board of Education. I will most certainly miss Senator Robert Brown here in the State of Georgia.

-GEORGE BOSTON RHYNES

From Macon, Patrick Davis provides insight into the Quitman 10 case

While the Valdosta Daily Times, WCTV, and WALB remain silent about the Quitman 10, and all you hear on local TV is the D.A. giving his opinion of the case, in faraway Macon Patrick Davis digs into more things we should be hearing.

Patrick Davis wrote yesterday for the Macon Political Buzz Examiner, Jim Crow politics on display as Brooks County absentee case proceeds

Brad Shealy, who had been the long-time chairman of the Brooks Board of Education faced the prospect of being voted out as chairman and witnessing a majority-black Brooks County Board of Education for the first time ever.

Shealy lost his position when new leadership was elected in January 2011.

Shealy’s day job is the assistant district attorney under J. David Miller who originally started the investigation back in the late summer of 2010.

Excuse me? The former Brooks County school board chairman works for the D.A.’s office? And the D.A. is going on TV for pre-trial propaganda in the case?

Patrick Davis asks the obvious question: Continue reading →

D.A. Joe Mulholland on Fox News on the Quitman 10

This is what local TV viewers are hearing and seeing about the Quitman 10. Somebody tell me, is it appropriate for a district attorney to declare people guilty before trial?

Justin Schuver wrote for the Post-Searchlight 29 November 2011, Mulholland interviewed on Fox News

Local viewers of Fox News on Sunday morning might have seen a familiar face on their screen, as South Georgia Judicial Circuit District Attorney Joe Mulholland was interviewed by the national news station about his prosecution of a voter-fraud case in Brooks County, Ga.

Mulholland spoke to Fox News newsman Eric Shawn for approximately four-and-a-half minutes about the case, which involves 12 citizens charged for allegedly tampering in a July 2010 primary election.

According to the Valdosta Daily Times, school board incumbents Gary Rentz and Myra Exum were leading in their races, before the absentee ballots were counted. After those 979 absentee ballots were tabulated, challengers Linda Troutman and Elizabeth Thomas were able to overtake the incumbents’ leads and eventually win election in November.

On Tuesday, Dec. 21, 2010, the Georgia Bureau of Investigation arrested

Continue reading →

Lowndes County priorities: tanks and lunches for Commissioners, but no lunches for seniors?

So the Lowndes County Commission wouldn't accept a grant for NOAA Weather Radios, (but did vote themselves $75/day travel per diem), wouldn't accept a grant for an emergency vehicle, cancelled lunches for seniors, and barely approved a grant to help people with home downpayments, but the Lowndes County Sheriff's office did accept a grant for an armored vehicle.

Dawn Castro wrote for the VDT today, BearCat Rules: Lowndes sheriff’s office has new armored vehicle

BearCats are typically referred to by law enforcement as being armored rescue vehicles primarily used to transport tactical SWAT officers to and from hostile situations and to assist with the recovery and protection of civilians in harm’s way during terrorist threats, hostage incidents or encounters with armed offenders. The BearCat is designed to provide protection from a variety of small arms, explosives and IED threats.

Sure, and it will never be used against peaceful protesters.

Last month in Tampa, Adam Freeman wrote for WTSP.com 21 November 2011, Are Tampa police using tanks to threaten Occupy protestors?

Members of the movement say TPD is cruising by in the big, armored trucks. Pictures spread around the country over Facebook and Twitter, leading to speculation that TPD was moving in with the tanks.

But officers say it's just a coincidence, and the vehicle act passed by on its way to a Great American Teach-In event.

Maybe the Lowndes County Sheriff's dept. would never misuse an armored vehicle.

And I know, the Sheriff is a constitutional officer and the Lowndes County Commission has very limited control over the Sheriff's budget.

But it's still our same tax dollars. Are these our priorities?

-jsq

FVCS Final Meeting 15 November 2011

Former electoral opponents met Tuesday as FVCS held its final meeting, with Rusty Griffin, Vice-Chair of CUEE, watching at the MLK Monument as Sam Allen, President of Friends of Valdosta Schools (FVCS) announced the dissolution of FVCS.

Sam Allen, as he has before, called for reconciliation of opponents on the recent school consolidation referendum, and support of the two school systems, financially and otherwise.

In addition to FVCS regulars such as JC Cunningham, Chamber Chair Tom Gooding was there, as were current Valdosta Mayor Sonny Vickers and Mayor-Elect John Gayle, plus re-elected Valdosta City Council At-Large Ben Norton. Valdosta School Superintendent Cason was there. I didn’t see Lowndes Superintendent Smith, although various members of Continue reading →

57 year overdue house cleaning —Barbara Stratton

Received today on Repealing the 1928 GA School Consolidation Law. -jsq
The 1926 statute that needs to be removed is OCGA 20-2-370. The 1983 constitutional law had priority of law precedence over the older statute & CUEE was advised before they asked for signatures it could be protested on those grounds before or after the vote. Thankfully we did not have to go that route. I remember in high school I did a project on outdated laws still in the GA Constitution including mandatory hanging for horse theft (which I liked). There was also a law if you hit & killed a cow or pig on the road you were required to get out & slit the throat so the owner could salvage the meat & many others that were outdated & no longer enforced. I trust these have now been removed. The general assembly should be thankful that we are addressing this 57 year overdue need for house cleaning & remedy this in January. Rule of Law should never remain questionable when it is the duty of our lawmakers to provide clarity.

-Barbara Stratton

According to Justia.com:

2010 Georgia Code
TITLE 20 – EDUCATION
CHAPTER 2 – ELEMENTARY AND SECONDARY EDUCATION
ARTICLE 8 – CONSOLIDATION OF INDEPENDENT AND COUNTY SCHOOL SYSTEMS
§ 20-2-370 – Referendum on repeal of special school law and consolidation of systems


O.C.G.A. 20-2-370 (2010)
20-2-370. Referendum on repeal of special school law and consolidation of systems

Whenever the citizens of a municipality or independent school district authorized by law to establish and maintain a system of schools by local taxation in whole or in part are operating a system of public schools independent of the county school system and wish to annul their special school law and become a part of the county school system, they shall present and file with the governing authority of the city a petition signed by one-fourth of the qualified voters of their territory; and the governing authority shall then submit the question at an election to be held in accordance with Chapter 2 of Title 21. A majority of those voting shall be necessary to carry the election. Only qualified voters residing within the municipality or district for six months prior to the election shall vote. An election shall not be held for the same purpose more often than every 12 months.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Citizens at Lowndes County Commission 7 November 2011

Five citizens spoke up at the 7 November 2011 Lowndes County Commission Regular Session. Some got answers, some got excuses, and some got fingerpointing. And one illustrated how the Commission doesn’t follow its own rules.

  • George Boston Rhynes asked about Open record requests and jail deaths and got the same excuses he’s heard elsewhere: nobody seems to be responsible for supplying information to the public about what’s going on in the Lowndes County Jail.

  • John Robinson asked about Contracts on the south side related to Title VI of the Civil Rights Act of 1964 and to Title III Section 3 of the HUD program and got a clarification from the Chairman that the county has no Title III projects.

  • John S. Quarterman asked the Commission to video meetings like the Lowndes Board of Education does, and got a slightly different excuse this time than the many previous times he’s made similar requests.

  • Matt Portwood asked the Commission or the individual Commissioners to state a position on school consolidation and was told they weren’t going to. The VDT printed that much the next morning, the morning of the election with the referendum on school consolidation. They did not print Chairman Paulk’s allusion to his already-known support for FVCS in opposing consolidation, but LAKE published a video with that on Election Day, and you can see it here.

  • Tony Daniels wanted to know How can we pursue happiness when we don’t even have a job? and had several recommendations for how the various local elected and appointed bodies could go about getting us more jobs. He also illustrated that the Commissions ordinance on Citizens Wishing to Be Heard is, as we’ve discovered on many previous occasions, merely guidelines at the whim of the Chairman.

Citizen participation!

-jsq

Only a vote where both city and county residents could take part would reveal the will of the people —Karen Noll

Received yesterday on Repealing the 1928 GA School Consolidation Law. -jsq
While I live in the city as was able to vote on the consolidation issue, I feel that only a vote where both city and county residents would be democratic. Only a vote where both interested parties could take part would reveal the will of the people and be admissible. Although I opposed the effort to consolidate that was recently defeated, I feel strongly that a true vote of both city and county residence is necessary if consolidation should reach the ballot anytime in the future. For this reason it is paramount that the old law that allowed the city only vote be stricken to allow the georgia constitution to prevail. The GA constitution allows for both city and county to vote and a majority in both in order to pass.

Please contact your legislator to support repealing the 1928 law from the GA law books.

Thank you ALL for your commitment to community,

-Karen Noll