Sunday, April 19, 2009

reflections of an election gone by

For those of you that felt it important that I write this, here you go. Recently the Springfield voters cast there ballots(all <9% of them)for the individuals they would like to direct the direction of the city.
It appears for all intended purposes that money and name recognition has much to do with who wins these political races. I've only been a resident of this city for 5 years but in those five years I have done more to stem the tide of big government then my opponent has as a lifelong resident. It is a shame that with all the candidate forums held less then 100 people came out to any of them and the 100 is a combined total. My campaign did not do much in the form of fund raising as I have limited amount of people I know here and those that I do know did donate what they could afford.
It has been said that had Fred Ellison and myself knocked on a few more doors that we could have changed the direction of this very liberal minded city. Perhaps this is true however had we done that we would have neglected watching what was on city council agendas, an not been able to formulate solutions to some of the pressing problems of the city.
Our pension fund is 190 MILLION in the red and neither my opponent or Fred's offered any solutions except to allow the soon to be created pension task force to come up with a solution. The mindset of current council was to pass a 38% tax increase onto the people, this was also the solution endorsed by Stephens, O'Neal, Whayne, & Rush, along with all the power players behind the scenes pulling some of the strings. Luckily OUR side won this debate and left the big government types scrabbling for a solution, even though a solution to this problem had been presented to them month earlier at numerous council meetings. It is unlikely that any government employee, political appointee, or novice politician is going to endorse an effort of reallocating existing taxes. The mindset of those people just don't function in that manner.

I did receive the endorsement of the Springfield News Leader, and probably would have recieved the endorsement of the fire fighters and police officers union as well had it not been for an e-mail which was forwarded by our city manager, which had been bcc'd to him regarding a brain storming session on how to solve this issue. The brain storming that took place in e-mail form was only part of numerous conversations and meetings that had taken place before during and after the e-mail account. The local paper endorsement did help me out quite a bit as people were able to see my opponent for what he really is a follower of the poplar voice.

My opponent to his benefit tried to paint me into a CA politics corner even though most of my life had been spent in rural PA. He tried to paint me into an unknowledgable corner on the issues even though I was the one with the answers and his positions were like trying to nail Jell-o to a wall. I have managed multi million dollar construction sites with various jobs being done on different projects concurrently, and I was on a daily basis able to job cost every project in terms of manpower, hours, material, completion schedule. This is something that even out Public Works Department cannot do as trying to figure out what has been spent on completed projects takes weeks of research.
I also had a mailer sent out about me the Friday before the election on how I have been a do-nothing johnny come lately to the scene which was paid for by all the big time money players behind the scenes of this city. people such as the O'Reilly's, Mark Gardner(partner of EX Mayor Tom Carlson) current Mayor Jim O'Neal, various members of the Home Builder's Assoc, and others to numerous to mention. In political terms I was the DAVID going up against the goliath, which had goliath just told the truth instead of playing politics as usual he would have been slain.

I'm a moral person with principles and if it requires me to sacrifise my principles in order to win something, then I'll come out on the losing end everytime. I'm a firm believer in self responsibility and as such the only person who lost the election of me was ME.

To those that donated hard earned money I appreciate you with every fibre of my body, I apologise I did not win.
For those that gave up endless hours of personal time to hang literature and knock on doors I can only repay you with my gratitude and hopefully someday I can return the time you have lost in some way.
To my family that watched as I eroded over a period of 3 months from lack of sleep, energy, and watched our business start to crumble to almost nothing I owe you the most. It will take some time to replace what has been taken from you both mentally and spiritually. Although you were not mention by name in any campaign literature I know you took the insults personal as you have seen firsthand how much time I give to my neighbors and community, this deed of misrepresentation of others does not only affect the candidate it affects the family as well.

In closing Mr. Stephens it is a shame that you could not run a campaign that was based on any factual claim you may have to doing something in the community, instead your path was trying to make others out to be the villian because they dare point out the problems we have in this city. Problems I might add that occured while you were living, working, playing, and sleeping in this very city. You haven't done anything constructive in terms of government here for the 55 years you have been around, I certainly hope for the peoples sake you take the next four years to educate yourself on the issues and represent not only the 52% that voted for you, but also the 48% that did not.

Saturday, February 21, 2009

more regulations on personal behavior

Just as a thought insert church or religious service everywhere you see the term sexual used and the fundamentalist would be screaming bloody murder. I don't frequent adult video stores nor do they possess some power over me that has me walking in the front door of the establishment. This is a personal issue and it is not the job of government to legislate morality.





0840L.02I D. ADAM CRUMBLISS, Chief Clerk


To amend chapter 573, RSMo, by adding thereto six new sections relating to sexually oriented businesses, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 573, RSMo, is amended by adding thereto six new sections, to be known as sections 573.525, 573.528, 573.531, 573.534, 573.537, and 573.540, to read as follows:

573.525. 1. It is the purpose of sections 573.525 to 573.537 to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of this state, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the state. The provisions of sections 573.525 to 573.537 have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of sections 573.525 to 573.537 to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of sections 573.525 to 573.537 to condone or legitimize the distribution of obscene material.

2. The general assembly finds that:

(1) Sexually oriented businesses, as a category of commercial enterprises, are associated with a wide variety of adverse secondary effects, including but not limited to personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation;

(2) Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area;

(3) Each of the foregoing negative secondary effects constitutes a harm which the state has a substantial interest in preventing and/or abating. Such substantial government interest in preventing secondary effects, which is the state's rationale for sections 573.525 to 573.537, exists independent of any comparative analysis between sexually oriented and nonsexually oriented businesses. Additionally, the state's interest in regulating sexually oriented businesses extends to preventing future secondary effects of current or future sexually oriented businesses that may locate in the state.

573.528. For purposes of sections 573.525 to 573.537, the following terms shall mean:

(1) "Adult bookstore" or "adult video store", a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A "principal business activity" exists where the commercial establishment:

(a) Has a substantial portion of its displayed merchandise which consists of such items; or

(b) Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or

(c) Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or

(d) Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of such items; or

(e) Maintains a substantial section of its interior business space for the sale or rental of such items; or

(f) Maintains an adult arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas;

(2) "Adult cabaret", a nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude;

(3) "Adult motion picture theater", a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five persons for any form of consideration;

(4) "Characterized by", describing the essential character or dominant theme of an item. As applied in sections 573.525 to 573.537, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America;

(5) "Employ", "employee" or "employment", describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises;

(6) "Establish" or "establishment", any of the following:

(a) The opening or commencement of any sexually oriented business as a new business;

(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

(c) The addition of any sexually oriented business to any other existing sexually oriented business;

(7) "Influential interest", any of the following:

(a) The actual power to operate the sexually oriented business or control the operation, management, or policies of the sexually oriented business or legal entity which operates the sexually oriented business;

(b) Ownership of a financial interest of thirty percent or more of a business or of any class of voting securities of a business; or

(c) Holding an office, such as president, vice president, secretary, treasurer, managing member, or managing director, in a legal entity which operates the sexually oriented business;

(8) "Nudity" or "state of nudity", the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola;

(9) "Operator", any person on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not such person is an owner, part owner, or licensee of the business;

(10) "Premises", the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including but not limited to the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a sexually oriented business license;

(11) "Regularly", the consistent and repeated doing of the act so described;

(12) "Semi-nude" or "state of semi-nudity", the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the male or female buttocks. Such definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part;

(13) "Semi-nude model studio", a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition does not apply to any place where persons appearing in a state of semi-nudity did so in a modeling class operated:

(a) By a college, junior college, or university supported entirely or partly by taxation;

(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(c) In a structure:

a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

b. Where, in order to participate in a class, a student must enroll at least three days in advance of the class;

(14) "Sexual encounter center", a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex when one or more of the persons is semi-nude;

(15) "Sexually oriented business", an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual encounter center;

(16) "Specified anatomical areas":

(a) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(17) "Specified criminal act", any of the following specified offenses for which less than eight years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later:

(a) Rape and sexual assault offenses;

(b) Sexual offenses involving minors;

(c) Offenses involving prostitution;

(d) Obscenity offenses;

(e) Offenses involving money laundering;

(f) Offenses involving tax evasion;

(g) Any attempt, solicitation, or conspiracy to commit one of the offenses listed in paragraphs (a) to (f) of this subdivision; or

(h) Any offense committed in another jurisdiction which if committed in this state would have constituted an offense listed in paragraphs (a) to (g) of this subdivision;

(18) "Specified sexual activity", any of the following:

(a) Intercourse, oral copulation, masturbation, or sodomy; or

(b) Excretory functions as a part of or in connection with any of the activities described in paragraph (a) of this subdivision;

(19) "Substantial", at least thirty percent of the item or items so modified;

(20) "Viewing room", the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, digital video disc, or other video reproduction.

573.531. 1. No person shall establish a sexually oriented business within one thousand feet of any preexisting primary or secondary school, house of worship, state-licensed day care facility, public library, public park, residence, or other sexually oriented business. This subsection shall not apply to any sexually oriented business lawfully established prior to the effective date of sections 573.525 to 573.537. For purposes of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel containing the preexisting primary or secondary school, house of worship, state-licensed day care facility, public library, public park, residence, or other sexually oriented business.

2. No person shall establish a sexually oriented business if a person with an influential interest in the sexually oriented business has been convicted of or pled guilty or nolo contendere to a specified criminal act.

3. No person shall knowingly or intentionally, in a sexually oriented business, appear in a state of nudity.

4. No employee shall knowingly or intentionally, in a sexually oriented business, appear in a semi-nude condition unless the employee, while semi-nude, shall be and remain on a fixed stage at least six feet from all patrons and at least eighteen inches from the floor in a room of at least six hundred square feet.

5. No employee who appears in a semi-nude condition in a sexually oriented business shall knowingly or intentionally touch a patron or the clothing of a patron in a sexually oriented business.

6. A sexually oriented business which exhibits on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements:

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose;

(2) An operator's station shall not exceed thirty-two square feet of floor area;

(3) If the premises has two or more operator's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations;

(4) The view required under this subsection shall be by direct line of sight from the operator's station;

(5) It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by such operator station; and

(6) It shall be the duty of the operator and of any employees present on the premises to ensure that the view area specified in this subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks, or other materials or enclosures at all times that any patron is present on the premises.

7. Sexually oriented businesses that do not have stages or interior configurations which meet at least the minimum requirements of sections 573.525 to 573.537 shall be given one hundred eighty days after the effective date of sections 573.525 to 573.537 to comply with the stage and building requirements of sections 573.525 to 573.537. During such one-hundred-eighty-day period, any employee who appears within view of any patron in a semi-nude condition shall remain, while semi-nude, at least six feet from all patrons.

8. No operator shall allow or permit a sexually oriented business to be or remain open between the hours of 12:00 midnight and 6:00 a.m. on any day.

9. No person shall knowingly or intentionally sell, use, or consume alcoholic beverages on the premises of a sexually oriented business.

10. No person shall knowingly allow a person under the age of eighteen years on the premises of a sexually oriented business.

573.534. Sections 573.525 to 573.537 do not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of sections 573.525 to 573.537. Notwithstanding any other provision of law to the contrary, for purposes of sections 573.525 to 573.537, an act by an employee shall be imputed to the sexually oriented business for purposes of finding a violation of sections 573.525 to 573.537 only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.

573.537. 1. Any person, business, or entity violating or refusing to comply with any provision of sections 573.525 to 573.537 shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by imposition of a fine not to exceed five hundred dollars or by imprisonment for a period not to exceed ninety days, or both. Each day that a violation is permitted to exist or occur, and each separate occurrence shall constitute a separate offense.

2. Any premises, building, dwelling, or other structure in which a sexually oriented business is repeatedly operated or maintained in violation of sections 573.525 to 573.537 shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the state in a court of competent jurisdiction. Each day that a violation is permitted to exist or occur shall constitute a separate operation or maintenance of the violation.

3. Notwithstanding the provisions of this section, the state may employ any remedy available at law or in equity to prevent or remedy a violation of any provision of sections 573.525 to 573.537.

573.540. Nothing in sections 573.525 to 573.537 shall preempt or prevent any political subdivision in this state from maintaining, enacting, or enforcing any local ordinance, rule, regulation, resolution, or similar law concerning the regulation of sexually oriented businesses or similar adult oriented businesses.

Saturday, January 17, 2009

You threw the first rock

I received a mailer from my competitor over the weekend and some people have received NUMEROUS mailers from Robert Stephens. How much money should one spend to sit on a volunteer board ? I think the voters perhaps should ask that question. We know the current mayor spent close to $10,000 last election to obtain the seat which has benefited him in oh so many ways, could perhaps Bob be able to benefit from sitting on council, or perhaps someone in his family.
I didn't mind getting the card since it allowed me to see his mindset as he proceeded to try to convince voters that Lyle Foster and myself are either Johnny come lately's or people with personal agendas.
If creating a smaller more limited government that doesn't require more money out of my wallet is a personal agenda then I proclaim to be guilty. If not being from this area allows someone to be called Johnny come lately's then guilty as charged.
If not caring which direction the city continues off in then Mr. Stephens is guilty on both accounts, I mean after all where was he when the police and fire pension system was bleeding cash ? Where was he the night that the U.D.A. was trying to close the square from the people who pay the bills ?
Where was he in trying to come up with solutions to fund the police and fire budgets and pension plan ? Where has he been while the people of the West Central Neighborhood Association battle a crime rate along with a police problem ? Where was he while the restaurant owners were being ASSESSED a FEE for a service that is mandated for government to perform by government ?
The man clearly has no regard to what has been transpiring in the city and he is a LOCAL. Come to think of it so is everyone sitting on council currently and so was the previous council. If electing locals gets you a pension fund which is under funded by 198 MILLION DOLLARS isn't it about time for a REAL change ?

I'm Tom Martz candidate for General Seat "A", man with a personal agenda, a johnny come lately and I approve this message.

Friday, January 16, 2009

Article in question

Recently much has been made of an article that the Community Free Press printed and that article is posted below. The uproar has been raised by one of my challengers Robert Stephen's who seems to believe that the CFP is being biased because they printed an article penned by me on the police and fire pension shortfall and the wording of what would transpire if indeed this tax passed. If Mr Stephens was as concerned for this community as he lets on he is, he would have been speaking out on the obvious ploy on words which would have had the city possibly once more short funding the obligation of the police and fire pension system. Added to this complaint is that KSGF broadcast live from our other challengers place of business Big Momma's Coffeehouse on Commercial Street.

Never does Mr Stephens point out that KSGF was broadcasting from Big Momma's long before Lyle Foster was even a candidate, and the article written below was penned by me before I even turned in my signatures. Not once do I mention that I was thinking about being a candidate during this article so Mr Stephens is way off base on his assessment of favoritism.

Much has been made lately of the 45 minute presentation to solve the police and fire pension system given by City Manager Greg Burris. I have had the opportunity to sit through a couple of these presentations along with viewing the one on the internet and I believe there is much room for improvement.

After passage of this tax increase the plan will generate up to 40 million dollars annually in revenue for the pension system, depending on shopping habits and tourism. Based on the current verbiage of the bill this tax increase will sunset in five years, or when the pension is 100% funded. Milliman, the company tasked with finding the solution to the funding shortfall, is one of the country's largest investment consulting firms in terms of assets under advisement. Included in the initial findings of Milliman was a statement that it would require six or more years to fund the pension plan fully. In his presentation, City Manager Greg Burris has PROMISED that the city will contribute 29.88% funding into the pension plan during the five year timeframe. This means that approximately 40 to 50 million dollars will be placed in the pension system by the end of the first year of this tax. The reason for all this was so every player on the field has "skin in the game.” This should put us well on the way to solvency you’re thinking; NOT so fast!! The devil is in the details.

Here in lies the problem with this bailout plan of our city manager. Once We The People have voted YES to increase our taxes, absolutely NOTHING prevents the city council from spending the 29.88% else where in the confines of the city; just as occurred earlier when the city failed to fund the plan for four straight years. The skin that the city has in the game can be overlooked because the sales tax will be generating the required actuarial amount, thus allowing the city to meet the guidelines of state statute. There have been numerous requests that an ordinance be passed forcing city council to fund this 29.88%; however road blocks keep getting thrown in the way under the heading of, binding future city councils. According to City Attorney, Dan Wichmer, binding future city councils is defined as:

Budget is year to year. It is only good for 1 year. That is why we can't bind future councils. We cannot make fiscal commitments beyond 1 year. Even bonds are subject to annual appropriation.

In short one council cannot oblige another council with commitments, which in hindsight is exactly what has been done with the short funding. Past city councils obligated present and future city councils for this debt.

A cursory research project was started to define what "binding a future city council” meant and how it pertains to our situation and the response we found came directly out of the California constitution. The following is a basic rule for municipal law;

*The Power and Limitations of a City*

*Binding Future Councils* One city council cannot forever tie the hands of future city council with respect to legislative enactments; no ordinance passed by one city council may remain beyond the repeal or amendment of a future city council. Each council is elected by the people to serve the needs and desires of the people at that time, and cannot be restricted, from a legislative standpoint, by prior council action. A council may however enter into certain long-term contracts such as leases, cable television franchises, or rubbish contracts, provided there are not antitrust (anti competitiveness) problems.

By the definition of binding future city councils anyone can see nothing prevents city council from passing an ordinance requiring that the guaranteed amount promised by City Manager Greg Burris of 29.88% gets funded. The argument being used by our city attorney is disingenuous and has people asking, why won't our elected leaders put "skin in the game" and pass an ordinance requiring the city to fund the portion for which they are responsible?

The city leaders have earned the distrust of the citizens of Springfield and closing this obvious loophole with a proactive approach will benefit the city, city management and city council.

Monday, January 12, 2009

A slippery slope indeed

it was not that long ago that Travis Maddox was requested to leave the employ of his city job under the very provision of which I have posted below. This section is taken directly from SPFG city charter.

Recently a committee was formed to help the effort of voting YES on the proposed police/fire pension tax which will be on the ballot on FEB 3rd. In this committee are various police and fire officials(employees)which have not yet been asked to resign the positions within this committee or lose there employ. Personally I think 6.11 needs to be rewritten in a manner which allows city employees to be able to voice there 1st amendment rights while they are not on duty even if it means they put candidate signs in there front yards or issue signs. However the city can not have it both ways in this issue and I believe the highlighted section in the charter language is quite possibly where police and fire personnel could get into trouble. Are we seeing two different issues on this or has the meaning been implied to mean something completely different.

I'd be the first one to want to see anyone get fired or relieved of duty over issues regarding politics in or out of office, but until changes can be made to certain sections of the charter I would like to see it used equally. The sheer fact that police and fire personnel have and are part of this formation committee will bring in donations to help convince the voters to vote YES on this issue. The highlighted section below is thus being broken by the members with the spirit of how this charter issue is written.

Section 6.11. Prohibitions

No person in a classified service or seeking admission thereto, shall be appointed, promoted, reduced, removed, advanced, or retarded on any basis for any reason other than qualifications, merit, and fitness for the service or lack thereof. Any such actions shall be taken wholly without favoritism or discrimination and on no basis other than provided herein. No person shall willingly or corruptly make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment held or made under the personnel provisions of this Charter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or other rules and regulations made thereunder. No appointive salaried officer or employee of the city shall continue in his position after becoming a candidate for nomination or election to any public office. No person seeking appointment to, or promotion in, the classified service shall either directly or indirectly give, promise, render, or pay any money, service, or other valuable thing to any person for, or on account of, or in connection with, his test, appointment, proposed appointment, promotion, or proposed promotion. No appointive salaried officer or employee of the city shall make any monetary contribution to the campaign of any candidate for city office. No appointive salaried officer or employee of the city shall during the hours when he is on duty engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold political office, nor shall he engage in any political activity when not on duty to such an extent that his efficiency during working hours will be impaired or that he will be tardy or absent from his work. No appointive salaried officer or employee of the city shall directly or indirectly solicit or receive subscriptions or contributions of money for any candidate for city office, a campaign committee for any such candidate or on behalf of any person or committee when there is an election issue which involves an election to be held by the city or by the county clerk on behalf of the city. However, the prohibition against the receipt of contributions shall not apply to any such employee who holds an office in a political organization and receives money in the course of his duties in said office. No appointive salaried officer of employee of the city shall solicit any monetary contributions to the campaign funds of any candidate for office or to the campaign funds of any political organization when such funds are to be used to support candidates directly or indirectly. No appointive salaried officer or employee of the city shall use his official title or job designation in the form of any political activity calculated to favor or improve the chances of any political candidate or any person seeking or attempting to hold political office. Nothing in this section shall be construed to prevent the exercise of the rights of the appointive salaried officers or employees as citizens to express their opinions and to cast their votes.

Approved by vote of the people April 4, 1978.

Saturday, January 3, 2009


As you may be aware of, I transposed a letter(rough draft)of things that are going on in this current city council race and asked in a public forum area if someone would be willing to take my letter and its ideas and run with it and see if it might get published in either of our news outlets.

Larry Melton, husband of Jackie Melton(a contributor of the Community Free Press) replied back that he would run it by Breck Langsford(owner of CFP) and his wife to get it published. I have known Larry for longer than I have known Jackie. Larry and I are active in the FairTax movement and Larry helped me some on a campaign that I was involved in a couple of years ago. Larry is also active in our local taxpayer advocacy group and he seems to volunteer for quite a lot, I do not hold this against him. There are involvements that Larry volunteers for that our local taxpayer advocacy group will not use him for because of the possiblity of a preconceived idea that might occur because of his wife's position with the CFP. I believe a person can maintain a business relationship and a personal one without the two becoming intertwined but we will avoid anything that might bring to light any improprierity real or not.

Back to my point. Mrs Melton has taken exception that I would rough draft a letter and ask someone else to sign there name to it for the letter to get published, somehow I guess she sees this as being dishonest or something. Many candidates have positions within their own political platform that has been read and reread and changed by various people to make it sound much more coherent and yet I don't see anywhere that gives credit to those who have shaped and molded the wording of these positions.
I have a position paper on the issues which was quite a rough draft until I shared it with others for there input, according to the some in this community I should take those sections not authored by me and give credit to the individual(s) who actually made it sound correct.

I don't know if my letter is going to get printed or not or even if it is in the same context of how I transposed it, if it does great if it doesn't who cares, but it some instances it is best to have someone other then the writer attribute there name on the documentation so the actual writer does not get slammed for expressing a concern in a manner of which it wasn't meant.

Will this cost me the election, I'm not odds on favorite anyhow and I don't have the deep pockets of my competition which puts me behind the 8 ball. What I do have is a compassion to speak up when the city is heading off in the wrong direction, to voice my opinions in front of city council whether they agree with it or not, and a penchant to call people out when they are not what they profess to be.
Every one of these current crop of candidates can make excuses on why they weren't active during the timeframe of the pension collaspe, West Central Neighborhood crime problem, the container issue, and currently issues which are too numerous to mention but all of the excuses don't wash. This is your government people and if you do not get involved then do not complain when they do something to take away your piece of the American Dream whatever that might be to you.
I'm involved locally, others are invovled on state issues while many others are involved on the federal level, meanwhile many on the ballot in FEB are only involved because of an upcoming election.

Friday, January 2, 2009

It was worse then 14 points

As a Penn State fan I have to be honest I did bet against them as I just knew USC would ring them up much more than the 10 point line. For all the hoopla of the Rose Bowl this one should have been a good one and at the end it was, but there is a first half of every football game.

Much to the surprise of everyone when USC scored first the Nittany Lions marched right down the field and answered that score with there own. With the score tied 7-7 what I watched happened next reminded me of a Super Bow XXIIl between the Washington Redskins and the Denver Broncos. In the XXII Denver fell apart after an early second quarter turnover and watched as Washington rung up 35 points in that one quarter. No matter what Washington did it went well during that quarter. The result was the AFC got drubbed in the big game again.

Fast forward to the '09 Rose Bowl. USC has the ball on there side of the field and what looks to be a QB sack and turnover into Penn States hands was called back due to an offside penalty. Completely unacceptable since the lineman actually lined up offsides he didn't anticipate the snap count and get caught.
From that point on in the second quarter USC could do nothing wrong and Penn State could do nothing right. Halftime score of 31-7 said it all. Penn State only had to play for pride in the second half and hopefully prevent this from being an epic blow out.

Penn State won the second half and actually wrung up more point in the second half on USC then all the teams combined that played USC this year. USC was known for shutting down teams in the second half, this didn't happen yesterday. Minus the second quarter the game belonged to Penn State even with the interceptions in the fourth quarter, but a game has four quarters and two halves and PSU didn't show up in one of those quarters.

Now the homers are proclaiming that USC is the best team in the nation to which I doubt seriously. I believe OU is and I have another week to see if they are. I believe USC and OU would be a game for the ages it is too bad that USC faltered to Oregon State and this game will NOT take place. OU lost to Texas when Texas was ranked near the top, USC lost to Oregon State when they(USC) were on top and Oregon State was a middle of the raod ranked team.