Tag Archive | January 2011 Meeting

Emergency Management Director will not Pursue POST Re-Certification & Salary Transfer

http://www.blounttoday.com/news/2011/jan/26/commission-opens-door-128-percent-budget-cut/

Bart Stinnett, told Lance Coleman of Blount Today, that he is will not pursue re-certification and the transfer of his salary.

“I’ve withdrawn everything. I’m not going to pursue it. Obviously it raised some passionate feelings, and it’s not worth it to me to do that,” he said. “I don’t want to create any discord.”

At the January 2011 Commission meeting he requested that his salary transfer request be withdrawn from the agenda, yet the Commission voted to send it to the County Attorney for an opinion.  It remains to be seen if certain commissioners and their “experts” continue to push this salary transfer request and why.

Is Applause Disorderly Conduct?

Applause is disorderly conduct, according to Blount County Commission Chairman Kenneth Melton, unless the applause is a Proclamation for someone that the Commission wants to honor with our tax dollars.  It’s a double standard that is a violation of the 1st amendment.  Only 2 of the 21 Commissioners, Folts and Murrell, voiced their opposition to defining applause as disorderly conduct.  That means that 19 commissioners see no problem with threatening citizens with 30 days in jail for clapping. 

How much clapping took place at the national state of the Union address tonight, for all the hot air blown by politicans?  Imagine being able to give federal congressmen 30 days in jail for clapping for hot air.  Perhaps all those carbon emission from politicans should be outlawed since they blow far more hot air than private citizens. 

TCA 39-17-305. Disorderly conduct. —

 (a)  A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:

      (1)  Engages in fighting or in violent or threatening behavior;

      (2)  Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or

      (3)  Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

 (b)  A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities. (c)  A violation of this section is a Class C misdemeanor.

[Acts 1989, ch. 591, § 1.]

Blount County Couples Votes Were Not Counted in November 2010 Election

At the December 2010 Blount County Commission Agenda meeting, Citizen Karen Miller spoke on the agenda to the consent calender regarding item E3.  She informed the Commission that she and her husband had received a letter from the Blount County Election Commission that their votes were not counted because they had voted by paper ballots. 

http://www.bcpublicrecord.com/wp-content/uploads/2011/01/KarenMillersBallotRejectedNov10.pdf

At that time, the Commission was unresponsive.  At the January 2011 Commission meeting, both Karen and her husband Keith spoke about their experiences voting.  It appeared that they would both receive the same non-response that Karen had received at the December Agenda meeting.  As Keith Miller was walking back to his seat, Commissioner Monika Murrell asked the Chairman if she could ask Keith Miller some questions.  She asked him if she could get a copy of the Election Commission letter to which Keith replied “absolutely” and Commission Murrell said she would follow up on the matter. 

Commissioner Gordon Wright said that he would like to receive a copy of that letter as well and finally the dam broke and several other commissioners wanted a copy of the letter and requested that the Election Commission and Libby Breeding, the Administrator of Elections, be present at the next Commission meeting. 

It’s wonderful to see the Commission finally actually attempt to redress the greviances of two Blount County voters, and none of this would have been possible had Commissioner Monicka Murrell not spoken up. 

I should be dumbfounded that there was no coverage of this in The Daily Times, but given their tract record, I am not.  I spoke to Larry Aldridge about this, and his response was he had not heard about this issue and I also emailed Joel Davis and received no response from him on the lack of coverage. 

The Current Election Commission members are:
http://www.blounttn.org/election/

Don Walker, Chairman

Ben Rauhuff, Secretary

Bob Carroll, Member

Larry Garner, Member

Bill Crisp, Member

Is the Salary Transfer Necessary for Blount County Director of Homeland Security to Keep POST Certification?

The information provided is conflicting. 

This letter, from John Welsh Cheif Investigator of POST, says that as long as Mr. Bart Stinnett continues his 40-hours in-service, that he will retain his certification and that the salary transfer request is a moot issue with the POST Commission. 
http://www.bcpublicrecord.com/wp-content/uploads/2011/01/PostLetter1.pdf

This letter, from Brian Grisham Executive Secretary of POST, says that in order to be POST certified, one must be a “law enforcement officer” per TCA 38-8-101 and POST Rules and Regulations Chapter 1110 and be in the employ of and commissioned by a county or city law enforcement agency. 
http://www.bcpublicrecord.com/wp-content/uploads/2011/01/PostLetter2-2.pdf

TCA 38-8-101 does not have a defintion of a “law enforcement officer” per se, but does define types of officers, including “full-time police officer”.  The POST Rules and Regulations does define a law enforcement officer.  (See code and definitions below)

Here’s an interesting part of the POST Commission Rules and Regulations. http://tn.gov/sos/rules/1110/1110-02.20100616.pdf
6(e) An officer’s certification expires after separation of full-time employment from a law enforcement agency. A new application for certification is required for each new
employment as a law enforcement officer.

Based on that, it appears that the certification expires when an officer changes jobs.  If that’s the case, then why is Mr. Stinnett currently POST certified when he no longer works for the law enforcement agency that commissioned him? 

38-8-101. Part definitions. —

    As used in this part, unless the context otherwise requires:    
 
         (1)  “Campus police officer” means a person commissioned by an employing institution and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms in accordance with § 49-7-118;    
 
         (2)  “Full-time police officer” means any person employed by any municipality or political subdivision of the state of Tennessee whose primary responsibility is the prevention and detection of crime, and the apprehension of offenders, and whose primary source of income is derived from employment as a police officer;    
 
         (3)  “Part-time police officer,” “temporary police officer,” “reserve police officer,” or “auxiliary police officer” means any person employed by any municipality or any political subdivision of the state of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of offenders for appropriate remuneration in measure with specifically assigned duties or job description. Part-time police officers shall work not more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month. Any police officer who works in excess of the maximum hours as specified in this subdivision (3) shall be reclassified to a full-time status and must meet all requirements for standards and training as mandated under the law and peace officer standards and training commission rules. In any situation where an officer is temporarily assigned, for a period of one (1) month or less, to work more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month, the officer shall not be reclassified to a full-time status;    
 
         (4)  “Private special deputy” means a person who is employed and compensated by a resort area owner or management company to act as security and law enforcement for the resort area and whose qualifications and training requirements are equivalent to or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers;    
 
         (5)  “Public safety officer” means a person who, in addition to being a commissioned campus police officer under § 49-7-118(g)(1), performs other significant duties such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution; and    
 
         (6)  (A)  “Special deputy” means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers.    
 
[Acts 1981, ch. 455, § 3; T.C.A., § 38-11-101; Acts 1983, ch. 270, § 1; 1988, ch. 968, § 1; 1989, ch. 138, § 1; 1990, ch. 1094, § 1; 1993, ch. 374, § 1; 2006, ch. 862, § 1; 2009, ch. 190, § 1.]http://tn.gov/sos/rules/1110/1110-01.20100616.pdf

1110-01-.01 DEFINITIONS.
(1) Law Enforcement Officer is defined as either;
(a) Full-time Law Enforcement Officer is defined as any person commissioned, sworn, appointed, and/or otherwise lawfully enjoined to uphold the laws of the State of Tennessee, and/or laws or ordinances of any municipality or political subdivision of the State of Tennessee; and who is employed by any municipality or political subdivision of the State of Tennessee or as a railroad police officer pursuant to § 65-6-133 and whose primary responsibility is (whether directly or as an experienced, certified, supervisor/administrator of such persons), the prevention and detection of crime, and the apprehension of offenders, and specifically assigned duties and/or job description reflect 
said primary responsibility for the prevention and detection of crime;
 

 

http://www.state.tn.us/sos/rules/1110/1110.htm

Blount County Commission Unanimously Votes to Expand Police State at Jan 2011 Meeting

At the January 20, 2011 Blount County Commission Meeting, all 21 Commissioners voted to take grant money from the Department of Homeland Security.  (Item E4)  Commissioner Jim Folts sent me an apology after the Commission meeting, informing me that he had intended to vote against the Homeland Security grants, but due to the heavy stress he’s been under, he wasn’t paying close attention and will vote against such grants in the future.  Commissioner Tom Greene after the meeting told me that they (I assume he means the volunteer Fire Department) get a lot of equipment from these grants, that they could not otherwise afford.  He had no response when I asked him about where it says in the constitution that federal government can provide equipement to the states, and about his oath of office.

6 Commissioners did vote to table the Director’s salary transfer request, all the rest voting not to table.  The 6 that voted to table were Burchfield, Carver, Folts, Gamble, Lewis and Murrell.

At the 1 hr 52 minute mark you can here my comments admonishing the Commission for this outrageous sell-out and references to the nefarious actions of the Dept. of Homeland Insecurity and I provide the references to my comments below.
http://75.130.57.76/meetings2/Commission/CC20110120.WMV

Recently the Secretary of Homeland Security, Janet Napolitano, made a commercial for Wal-Mart, encouraging people to report suspicious activity, reminiscent of Nazi Germany.  She is even advocating that we federalize police, contrary to the US Constitution.  http://www.youtube.com/watch?v=DmlzklHPgNM

Here are some questionable people working within the Department of Homeland Security.
FORMER RUSSIAN PREMIER/EX KGB HEAD TO WORK FOR HOMELAND SECURITY!
http://www.newswithviews.com/iserbyt/iserbyt6.htm
SECRETARY OF HOMELAND SECURITY HAS DUAL CITIZENSHIP.  This should raise questions as to Michael Chertoff’s allegiance.  Also this is the same man who is making a fortune selling body scanners to TSA and co-author of the nefarious Patriot Act.
http://www.newswithviews.com/Wooldridge/frosty289.htm