2012.3.1 - Legislative Committee Meeting - "Unfunded Mandates"

This was one the resolutions approved to the Robertson County Commission on the March 1, 2012 Legislative Committee meeting. This will be taken up on March 19, 2012.

It seems as though the scenarios are countless. The state passes a bill mandating that the counties pick up the funding...

The Week of October 3rd

MEETINGS SCHEDULED WEEK OF:

October 3 -7, 2011

Date & Committee/Board                           Time                                      Location

Monday - October 3

Building and Grounds                                     5:00 P.M.                             County Office Building

School Board                                                      7:00 P.M.                             Central Office

Tuesday - October 4

Budget                                                                 4:00 P.M.                             County Office Building

Wednesday - October 5

Foster Care Review Board                            9:00 A.M.                             General Sessions 

                                                                                                                             

Thursday - October 6

Legislative                                                           5:00 P.M.                             County Mayor’s Office

Redistricting                                                       5:00 P.M.                             County Office Building

Planning & Zoning                                            7:00 P.M.                             County Office Building

Friday - October 7

Open

The Week of August 22nd

MEETINGS SCHEDULED WEEK OF

August 22 - 26, 2011

Date & Committee/Board                 Time                            Location

Monday - August 22

Special Session:

            Board of Education                6:00 P.M.                    Central Office

Tuesday - August 23

Legislative                                          6:15 P.M.                    Juvenile Courtroom

Public Hearing/Budget                 7:00 P.M.                    Juvenile Courtroom

Wednesday - August 24

Open

Thursday - August 25

Highway Commission                        7:00 P.M.                    Highway Offices

Friday - August 26

Open

2011.7.18 RCC Legislative Committee Meeting

The following 'quoted block' is the draft minutes from the Robertson County Legislative Committee Meeting – many thanks to Commissioner Steve Haley (Legislative Committee Secretary / 11^th District) for providing me with these minutes. 

Upcoming RC Legislative Committee Meeting: Continued Discussion of an Audit Committee

On Monday, July 18, 2011, the RCC Legislative Committee will consider several items.

Most notably, the Legislative Committee (“LC”) will consider the approval of an “Audit Committee.” You will recall that I had discussed this very idea some time ago in prior posts: Here & Here.

The LC moved to table further discussion pending further consideration of the number of members which would sit on this committee, and also, how many members of this committee would be from the General Public (non-Commissioners).

Much of the discussion had to do with the need for members of the General Public.  It was submitted that we do not need members of the General Public because we now have an accountant on the Commission. I personally disagree with this analysis. I would submit that the core function of this committee demands a level of accountability. Commissioners, notwithstanding their respective professions, should not be charged with the function of essentially auditing themselves. I would further submit that the purpose of this committee would be effectively neutered if Commissioners are solely responsible for the prospective function of the Audit Committee.

However, the balance must be counter-weighed with an appropriate mix of commissioners and members of the General Public.

In my own consideration, I would propose that the membership of this committee be comprised of 2 members of the General Public and 3 Commissioners.

The Week of July 18th

July 18 - 22, 2011

Date & Committee/Board                 Time                            Location

Monday - July 18

Legislative                                                         6:00 P.M.                    Juvenile Courtroom

Finance                                                             6:30 P.M.                    Juvenile Courtroom

Nominating                                                      6:30 P.M.                    Juvenile Courtroom

County Commission                                       7:00 P.M.                    Juvenile Courtroom

Tuesday - July 19

911 Board                                                        9:00 A.M.                   ECC Building

Wednesday - July 20

Open                                            

Thursday - July 21

Budget                                                              5:00 P.M.                    Finance Office

Redistricting                                                    6:00 P.M.                    County Office Building

Friday - July 22

Open

Meigs County: 10 Commandments

A bold endeavor by Meigs County.

Interesting, considering what the Robertson County Commission voted on just a few short weeks ago.

Yet, it is also interesting since this is reported on by the Chattanooga Times Free Press – Hamilton County - Note the shaded blue box attached to the story.

MY Minutes: 2011.4.4 - Legislative Committee - Consideration of Audit Committee

I know that Education has been in the news this week, but this past Monday, the RCC Legislative Committee met. The primary purpose of this meeting was to discuss an Audit Committee.

The Comptroller’s Office of the State of Tennessee “suggested” (think: mandated) Robertson County create an Audit Committee, and do so by year’s end. You may recall that I suggested the same here discussing the state comptroller’s proposal.

The Legislative Committee (LC) received a boiler plate resolution for the creation of an audit committee. What the LC ultimately did was continue deliberation on the resolution until a later meeting. This continuation was predicated on us having a chance to analyze the resolution further.

This development seems timely, because it looks like Maury County took up a similar effort here this past week. (see the article in the Columbia Daily Herald) They rejected their resolution, which I find interesting in its own right. However, I do not want to focus on the rejection as much as I would want to focus on their discussion. It is discussion that we will have. What I will do is go through their “pros” and “cons” of the arguments submitted from Maury County leaders. (As always, my humble opinions will be in italics)

State auditors are recommending Maury County create a committee to guard against fraud, waste and abuse in local government.

But Maury County commissioners think such a committee would only duplicate services they are already providing.

In our discussions here in Robertson County, I have heard the very same argument submitted. I respectfully disagree that it would necessarily “duplicate services.” Not to single out a department, but the EMS issue for us is timely. An Audit Committee could have served as a safety net for those issues we have had to discuss for the past several months.

The Maury County Administration Committee voted Thursday against creating an audit committee, which would consist of three county commissioners and two citizens.

Commissioner June Beckum said the measure would just create more government bureaucracy. She said county finances are already monitored by a committee, and the state routinely audits the county’s books.

I think that this is a concern, as well. Frankly, this is why I wanted to analyze this measure further. I believe that Commissioner Steve Haley voiced some of the same concerns at our meeting. The balancing test will be with what positives are to be gained by creating an existing governmental layer here. I know that statement in and of itself sounds somewhat troubling to many out there! But, that is why I want to clarify what their role would be.

“This committee would not be offering us any oversight or additional protection than we already have,” Beckum said.

See, this is where I frankly disagree as applied to Robertson County. Reason being, we annually receive audits from the State Comptroller’s offices. We, too, have an EMS Committee and a Budget Committee, but in going back to my example, the irregularities and oddities with record keeping and disclosures was still vibrant within EMS.

The last part of the phrase is crucial, and if applied to EMS, would we have had all of the irregularities and oddities from EMS? Maybe not.

The audit committee would have been charged with reviewing audit findings by the state comptroller’s office, monitoring internal accounting procedures, establishing a process for whistleblowers to confidentially report fraud and presenting an annual report on how it discharged its duties.

State Comptroller’s Findings& Internal Accounting Procedures - Now, I am not an accountant, nor do I proclaim to be a “finance guy,” but it is my understanding that this State Audit only looks at the county-wide information presented by our Finance Office. They do not look at the information presented to the finance office. The Finance Office does a very good job for us, but they do not independently (and candidly, cannot “independently” audit) audit each department. Now, with that said, they do not take the information they are provided from each department with a grain of salt. But, they have no oversight or control as to how things are done procedurally within each department. This is the key. An audit committee would have authority to do just that. Going back to EMS, this is how “questionable timecards” and “questionable spending” was allowed to flourish for a considerable time.

Process for whistleblowers – This would be an important part to any audit committee. Again, to borrow my example, much of what I have heard from folks close to EMS has to do with their was no ability for any of those employees to report just what was going on with leadership. Now, I will have to take some of that with a grain of salt, but if employees are given the opportunity to speak of irregularities, free from fear of recourse being taken against them, then some of these issues may have been addressed before they become serious. Now, I know immediately what the response will be: fear of frivolous claims by employees. Well, I would respond by saying that as a lawyer, I am accountable to our “Board of Professional Responsibility” for complaints that client’s of mine may have against me (hopefully not!). Many times, folks complain about their lawyers (again, hopefully not about me!) to the Board, but the Board need not even follow-up because the frivolous claims are filtered out. Yet, clients need the opportunity to speak to someone other than their lawyer about their concern. The important thing is, it gives the client an opportunity to reach out to an independent body to look at matters.

Unlike other county boards, state law allows audit committees to be exempted from public records and open meetings laws when hearing confidential complaints from government employees, taxpayers and others, county attorney Daniel Murphy said.

This is just furthering my previous points.

Anonymous complaints about fraud can also be made via a toll-free number maintained by the state.

Maury County Commission Chairman Scott Cepicky, a chief supporter of the measure, said he thought an audit committee would have provided another layer of oversight and made it easier for whistleblowers to file complaints with local leaders.

Commissioner Cepicky is just also furthering my previous points. I love this quote, because “accountability” is what I stand for as a public servant.

Auditors referred the matter to District Attorney Mike Bottoms, but he said he found no wrongdoing. Bottoms said the employees were rendering cleaning services outside their normal scope of duties.

Elmer Cooper, who was employed as a part-time custodian at the Memorial Building, resigned Dec. 31. His wife, Pauline Cooper, a secretary for the county, is still employed.

Mayor County Jim Bailey said his office is now collecting all fees associated with renting the Memorial Building.

Now, I know it is not the same, but read how that example reads just like our problems within EMS. And then, ask yourself if there are already controls and measures in place to observe those matters, then how did this transpire. Part of it is that the respective commissioners need to be more diligent in their efforts, yes. But, also the consideration for measures we can take to guard one of the most important responsibilities we have as public servants.

Before the committee finally considers this matter, I will try to .share with you an electronic form of the resolution we have before us.

“It’s accountability to our taxpayers who elected us to watch over their money,” Cepicky said when he unveiled the proposal this past month.

Auditors wrote in a report released March 25 they strongly believe an audit committee should be created “to assist the county commission by providing independent and objective reviews of the financial reporting process, internal controls, the audit function and being responsible for monitoring management’s plans to address various risks.”

In the same report, auditors found that two county employees working at the Memorial Building were collecting unauthorized fees for their personal gain by charging people renting the facility a cleaning fee that the county never approved.

The county-owned Memorial Building is available to the public to rent for wedding, meetings, dances and other events.

Now, I know it is not the same, but read how that example reads just like our problems within EMS. And then, ask yourself if there are already controls and measures in place to observe those matters, then how did this transpire. Part of it is that the respective commissioners need to be more diligent in their efforts, yes. But, also the consideration for measures we can take to guard one of the most important responsibilities we have as public servants.

Before the committee finally considers this matter, I will try to .share with you an electronic form of the resolution we have before us.

Cheatam County Re-Districting

It looks like our neighbor, Cheatham County, has already initiated the process of re-districting.

I hope to personally initiate the discussion this Monday at our RCC Legislative Committee meeting.

The Week of April 4, 2011

MEETINGS SCHEDULED WEEK OF:

April 4 - 8, 2011

Date & Committee/Board Time                Location

Monday - April 4

Legislative 5:00 P.M.                                   County Mayor's Office

Tuesday - April 5

Open

Wednesday - April 6

Foster Care Review Board 9:00 A.M.           General Sessions

Thursday - April 7

Budget 5:00 P.M.                                          Finance Office

Planning and Zoning 7:00 P.M. County        Office Building

Friday - April 8

Open

MY Minutes: March Legislative Committee Meeting

At the last meeting, the RCC – Legislative Committee took up the following resolution:

We, the below-signed sitting Commission of Robertson County, in consideration of our great Biblical history of Tennessee, both in our Tennessee Constitution and devotional activities in ourheritage, hereby acknowledge the importance of the Ten Commandments of Almighty God and wish to go on record in support of this Magnificent Document and state that we will defend our right to its display to the limit of our ability, against all enemies, domestic and foreign, public and private.

In the enacting of this Resolution, we hereby petition the God of Heaven to preserve the peace which He has so graciously extended to us by our ancient acknowledgement of the Ten Commandments and beg His continued protection and alleviation of ills which come to those who forget Him and His Law.

It passed the RCCLC with “no recommendation” so that the entire commission can consider the adoption of this resolution. This resolution will be considered at the April Regular County Commission meeting.

Now, as a citizen, you should consider this resolution in two parts, because that is the way in which this is being advocated.

What I mean by this: there are two proponents with two very different objectives.

One proponent merely wants merely for us to adopt this resolution.

The second proponent desires to have the 10 Commandments placed in our Robertson County Courthouse, or other public venue.

The Week of March 14th

Here are the meeting scheduled for this coming week.

I will plan to attend the Legislative Committee Meeting on Thursday. I would hope to attend the EMS Committee Meeting, but it is my understanding that this may be postponed.

MEETINGS SCHEDULED WEEK OF:

March 14 - 18, 2011

Date & Committee/Board                     Time                          Location

Monday - March 14

Building and Grounds                                     5:00 P.M.                     County Mayor’s Office

EMS                                                                 5:00 P.M.                     County Office                               

Tuesday - March 15

911 Board                                                        9:00 A.M.                    ECC Building

Health and Safety                                            5:30 P.M.                    County Office Building

Wednesday - March 16

RTA                                                                  10:00 A.M.                  400 Charlotte, Nashville

GNRC                                                               11:00 A.M.                  400 Charlotte, Nashville

MCHRA                                                            Noon                           1100 Kermit Dr., Nashville

Thursday - March 17

Legislative                                                       5:00 P.M.                    County Mayor’s Office 

Friday - March 18

Open

RCC: The Week of February 7, 2011

Here are the scheduled meetings for the week of February 7, 2011.

Date & Committee/Board                           Time                                      Location

Monday - February 7

Building & Grounds                                         5:00 P.M.                             County Office Building                                                                  

Tuesday - February 8

Airport                                                              8:00 A.M.                             Airport

Joint Meeting:

Law Enforcement &

Workhouse Board                                             5:00 P.M.                             County Jail

Solid Waste                                                       6:00 P.M.                             County Office Building

Fire                                                                    6:00 P.M.                             County Office Building

Wednesday - February 9

Open                                                    

Thursday - February 10

Joint Meeting:

Budget & Legislative                                        5:00 P.M.                             Finance Office

EMS                                                                   6:00 P.M.                             Finance Office                  

Friday - February 11

Open

The Week of January 10, 2011

Here are thee meeting currently scheduled for this upcoming week. As a member of the Legislative Committee, I will be attending the meeting scheduled for this Thursday.

MEETINGS SCHEDULED WEEK OF:January 17 - 21, 2011
Date & Committee/Board Time Location

Monday - January 17
HOLIDAY - OFFICES CLOSED

Tuesday - January 18
911 Board                                                 9:00 A.M. ECC Bldg., 115 Pinnacle Dr.
Fire                                                           5:00 P.M. ECC Bldg., 115 Pinnacle Dr.
Health & Safety                                         5:30 P.M. Finance Office
Solid Waste                                               6:00 P.M. County Office Building

Wednesday - January 19
RTA                                                         10:00 A.M. 400 Charlotte Ave.
GNRC                                                     11:00 A.M. 400 Charlotte Ave.
MCHRA                                                  Noon 1100 Kermit Dr.

Thursday - January 20
Legislative                                                 5:00 P.M. County Mayor's Office

Friday - January 21
Open