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Justice for Munchee (August 30, 2010)

Mary Gomez, the lady whose dog was shot within the city limits of Llano by a retired Deputy Sheriff, has posted a petition seeking justice for her little dog that was killed, Munchee. You can read it and sign it at:

http://www.thepetitionsite.com/242/justice-for-munchee/

If you have trouble loading the web site, go to:

http://www.care2.com/find/petition and enter Justice for Munchee.

Here’s what Ms. Gomez posted:

My dog was shot on 8-02-2010 in Llano, Texas while visiting my daughter and grandchildren. I live in San Antonio, Texas. My little dog wandered out the gate that was left open into the neighbor’s yard and in just minutes this man shot her and she later died.

He admitted shooting her to me and the police and was not arrested until two newspapers printed the story on 08-18-2010. He is an ex-Llano County Deputy Sheriff who retired in Llano, Texas.

I need help in getting justice for my little dog her name was Munchee. She was a Pekinese mix and weighed 18 lbs she was 2 1/2 years old. He shot her point blank with a 45 revolver. The story is in the Llano County Journal and the Llano News. You can also call the Llano Police Department in Llano, Texas or email me please sign my petition.

Klee's Kaleidoscope published a short comment concerning the incident on its web site Saturday evening, August 21 and notified its readership of the posting the following day. Melvin Allen Lawson reportedly turned himself in Friday, August 20 and was charged with non-livestock animal cruelty; if found guilty he could face up to two years in jail, a $10,000 fine, or both.

According to newspaper reports, the prohibition against firing a fire arm within the city limits comes under a city ordinance and, accordingly, will not be prosecuted by the District Attorney’s Office. Whether that offense will be prosecuted by the Llano City Attorney’s Office remains to be seen. Keep posted for further information.

Meanwhile, Ms Gomez is seeking reimbursement for the expenditures she incurred while trying to save Munchee’s life. According to Ms Gomez, she had been told by Lt Ratliff, purportedly of the Llano City Police Department, that the medical bills would probably not be paid by Lawson and advised her to file a civil suit to obtain recovery for her losses. As a crime victim, she might be able to be compensated for her loss through the District Attorney’s Office but the obligation primarily belongs to Lawson, not the taxpayers.

So far it appears that Lawson has shown no sign of remorse – not even to the extent of offering to pay Ms Gomez for her out of pocket expenses she incurred that were brought about by his nefarious act – not to mention her personal loss of her one and only pet.

Don’t forget to sign the “Justice for Muchee” petition. At my last count Ms Gomez had 873 signatures. Remember, “All that is necessary for the triumph of evil is for good men to do nothing.”

Ramblings on the Local Scene (August 23, 2010)

Llano ISD and its “Exemplary” Rating.

Llano ISD has received an “Exemplary” rating from the Texas Education Agency. Two campuses were rated as “Exemplary” while the other two were rated “Recognized.” To my way of thinking, that would place the District somewhere between “Recognized” and “Exemplary” but then this is one government agency rating another so it doesn’t have to make sense.

For example, last year two campuses were also rated as “Exemplary” while the other two were rated “Recognized,” however the State agency rated the District as “Recognized”; the same number of “Exemplary” and “Recognized ratings but a different overall result!

How did that happen? Simple – they changed the system so that it’s now easier to get higher ratings. The “Texas Protection Measure” permits districts to count students that are failing as “passing” if the district is willing to speculate that they will pass within the next three years. Honest folks, I don’t make this stuff up.

Ron Moore Can’t Quit.

Four times Ron Moore, Llano County Floodplain Administrator, asked the Floodplain Community Panel to recluse him due to personal involvement in cases pending before the Panel. Four times the committee granted the recusal request then immediately tabled the matter and quickly adjourned.

Last I heard is that Moore is still waiting to be removed which just goes to show it’s hard sometimes to do the right thing no matter how hard you try.

Still No County Service Officer.

Following my earlier article, “Llano County Veterans Deserve Better,” (July 26, 2010) you’d think the County Judge or Commissioners Court would respond and let us know what they’re doing about it. So far, not a peep – they’ve all gone underground under the mistaken belief that if they just ignore the problem, it’ll go away.  Well, that’s not going to happen with this veteran. We need a County Service Officer ready, willing and able to do the job.

Llano ISD Shafted by the Feds.

The Llano ISD applied for federal funds i.e. more taxpayer money, under the “American Recovery and Reinvestment Act” (aka the “Stimulus Bill that was intended to be used as political payoffs) and the State Fiscal Stabilization Fund (SFSF). The money was supposedly to be used for new construction and other projects. Translation: teacher salaries.

It turns out that the District ended up with about the same amount of money as they would normally get i.e. no new money is forthcoming. It probably went to Obama’s goon squad the SEIU, ACORN etc. or otherwise got lost in the shuffle. That happens a lot when government agencies are involved.

Llano ISD Fails to Vet Teacher Charged with Sexual Assault.

I’ve been writing for years about sexual predator teachers in our classrooms. Educators have the highest level of sexual assaults than any other occupation, all the more reason the District should go out of its way to protect our children from sexual predators.

So what do they do? They hire a guy to teach eighth-grade language arts at the Junior High School who has an outstanding warrant against him for sexual assault – the assault took place not out of town but in Llano!

Meanwhile the administration is back peddling furiously: “He hasn’t worked a day for us,” “The LISD hiring committee was not aware of his outstanding warrant,” “There were no red flags.” Etc. Duh!

When it comes to vetting educators, the Obama screening method is not the one to follow. Running a record check is one of the first things to do.

Retired Police Officer Kills Dog for Dumping in His Yard.

When I first read this I wanted to shoot the guy for what he did - if I thought I could get away with it, preferably while he was sitting on the can. Ah, bring back the good old days.

It's reported he lives on the 1600 block of Oatman Street and that, according to the owner of the dog, he acknowledged killing her pet (a small Pekinese mix named Munchee) because the dog defecated on his lawn i.e. sounds like an admission against interest to me and therefore admissible as evidence against him in a court of law. Neighbors heard the shot and reported it. In fact, the killer even called the city to have the dog picked up!

Why the killer’s name was not revealed in the newspaper reports is beyond me other than his being reported as a retired police officer. The police appear to be protecting him by prolonging their investigation in the hope that it will go away. As of this writing, the police were still investigating the matter. What’s to investigate? He admits shooting the dog and firing a gun within city limits. No arrests have made and he hasn’t been booked yet. There’s that thin-blue line I was talking about. It will be interesting to see how the police and DA's Office whitewash the incident.

He’s facing two years in jail and a $10,000 fine. I say, “Throw the book at him!” Stay tuned.

Llano Tea Party Set to Implode Before it Gets Started.

The subject is the proposed historical preservation ordinance being considered by the city. I’m neither for nor against the issue since I haven’t seen the final draft of the proposal and its safeguards. As a member of the Llano Tea Party I don’t want Bill Hussey, Interim President of the Llano Tea Party, expressing an opinion on the organization’s behalf either.

A recent Letter to the Editor written by Mr. Hussey was published locally wherein he opposed the preservation proposal on property rights grounds and signs off as “Interim President, Llano Tea Party;” if he wants to oppose the contemplated proposal as a private citizen, fine, but not as a spokesman for the Tea Party.

Get somebody else to head up the Llano Tea Party with some common sense and who better understands the Tea Party movement or I’ll quit the group as quickly as I joined.

Disclaimer: All “Ramblings” are based on what has been published as fact in the local newspapers.  I, like Will Rogers, make no representation that what has been reported is actually true – “All I know is what I read in the papers.”.

Harvey H. Klee, Klee’s Kaleidoscope

©2010 Harvey H. Klee

Llano County Veterans Deserve Better (July 26, 2010)

Most every county in Texas to my knowledge has a Veterans Service Officer. They provide eligible veterans, their dependants and survivors direct and general support and assistance in obtaining all benefits to which they are entitled from the Veterans Administration. At all times, the Texas Veterans Commission stands ready to assist these county service officers wherever and whenever help is needed.

About four years ago, right after Wayne Brascom was first elected Llano County Judge, Judge Brascom appointed R.G. Floyd, his immediate predecessor, as the county’s Veterans Service Officer. No posting of the job was made nor were applicant solicitations asked for or encouraged, contrary to the usual procedure for filling county civil service positions. Floyd simply asked for the job behind closed doors and was given it.

However, in spite of the apparent cronyism at the time, I hoped that Floyd would nonetheless rise to the occasion, assume responsibility for the position he so arduously pursued and provide needed services to the veterans of Llano County. But such was not the case.

Once sworn in as the county’s Veterans Service Officer, Floyd maintained two part time offices on different days of the week within the county: one in the City of Llano and the other closer to his home in Kingsland. Knowing how to get in touch with him on any given day was an obstacle course that clients had to overcome to avail themselves of his services. I understand he later maintained only one office on a part time basis, its whereabouts being one of the better kept secrets in the county.

Several complaints concerning Floyd came to my attention early on. They consisted mainly of: difficulty in contacting him, failing to return calls, cavalier handling of claims, unfamiliarity with the claims process, not knowledgeable about veterans’ entitlements, and inordinate delays in getting information back to clients.

Again, I hoped matters would improve in time as he became more experienced in the job, but they got worse – through no fault of his own.

It seems that Mr. Floyd became the victim of a serious medical condition that precluded him from performing his duties for the last year. An arrangement was worked out for Chuck Caraway, Veterans Service Officer and Constable in Burnet County, to assume his duties. No public announcement was made about this arrangement and most people I spoke with assumed the position was vacant and had nowhere else to go within the county for help. I referred those in need of whom I knew about to Officer Caraway’s office, the Texas Veterans Administration or the American Legion’s Veteran Service Officer in Waco. I fumed about the raw deal Llano County veterans and their families were getting.

To the best of my knowledge, Floyd remains the Llano County Veterans Service Officer. Whether he is on paid or unpaid leave is unknown to me. Whether the intent is to keep him on the payroll, active or not, to acquire the necessary 12 years of county employment for pension eligibility is also unknown to me. What is known to me is the veterans of Llano County are not being served by the refusal of the County Judge and the Commissioners Court to appoint someone who is ready, willing and able to perform the duties of the county’s Veterans Service Officer and to hold that person accountable for their job performance.

This is not a personal attack against Mr. Floyd – particularly in light of his current health problems. My sincerest and most heartfelt prayers go out to him and his family for his full and complete recovery.

My concern is for the veterans and citizens of Llano County who deserve better than what they’ve been getting from the Llano County Commissioners Court.

And remember Klee’s Law: “Live simply. Love generously. Care deeply” (Old Farmer’s Advice)

©2010 Harvey H. Klee

Llano County Park Radiation Problem (July 5, 2010)

When Precinct 2 voters said that Commissioner Henry Parker would light the way they may not have been too far off the mark. Parker’s recent radiance, however, might not be due to his few months remaining in office but rather his getting too close to the new boat ramp in the Llano County Park.

According to a local inspection service, the granite rock used to improve the boat ramp, aka the ramp to nowhere, and surrounding areas in the park are loaded with high levels of radiation – higher than the low and non-threatening levels commonly found in granite rock. I was told the readings were off the charts!

Purportedly, some have had their health affected by the contaminants. Reports are sketchy though and nothing has been reported in the local news or released by the County Commissioners Court via its Director of Environmental Resources.

Whether Hazmat people should be called in at this juncture is the Commissioners call but until someone knowledgeable and in authority publically addresses the issue, it may be a good idea to stay away from the park.

Taijiquan Comes to the Hill Country (June 28, 2010)

Harvey H. Klee, an attorney now retired living in Llano County, was officially certified as a Taijiquan Instructor recently by the International Taijiquan and Qigong Society, headquartered in Beijing, China. Taijiquan is an internal Chinese martial art but has been found to have considerable health benefits for people of all ages. It is practiced extensively not only in China but throughout the world as a means to achieve and maintain good health.

After completing an extensive application process, Dr. Klee, who holds a doctorate in jurisprudence, took his proficiency examinations last year while in New York City through special arrangement with the ITQS. This was followed by his submitting several written essays on the history and philosophy of Taijiquan for evaluation of his knowledge of both Taijiquan and Qigong. 

Although there are many different Taijiquan styles, the most popular are Chen, Yang, Wu, Wu Hao and Sun. Dr. Klee’s certification encompasses several of these styles and includes Chinese weaponry such as the Dao (broadsword), Jian (straight sword) and Chinese fighting fan. He believes a practitioner should be familiar with all of the major Taijiquan styles even though one may have a preference for a particular style over another. They are all based on the same fundamental principles of Taijiquan.

Dr. Klee is continuing his study of Chinese exotic weapons such as the Wind and Fire Rings, Dear Horn Knives and the application of Taiji principles to the Cane.

Pursuing an Instructor certification was an adjunct to his years of interest in the martial arts, starting with Aikido and Chin Na while living in Los Angeles. His interest extended to Chinese internal martial arts once he moved here 14 years ago and found there was no Aikido dojo in the area in which to work out. Most of the forms practiced in Taijiquan are single-player forms and don’t require a partner, with the exception of Tui Shou (pushing hands), which prompted his study of Taijiquan. The two martial arts are similar in movement and philosophy.

“I pursued Taijiquan/Qigong Instructor certification not so much to teach these subjects but to have my own proficiency and knowledge of the subject evaluated by those more qualified than I. One needs to be willing to invest the time, effort and energy necessary to learn the art in order to reap its benefits. For me, it’s a life-time practice – and a lot of fun!”

Dr. Klee’s interest in Taijiquan and Qigong lies primarily in their health and spiritual benefits yet they cannot be separated from their martial arts roots. For martial arts defense purposes, however, he prefers a 9 mm pistol!

Courthouse Office Use a Taxable Fringe Benefit (May 31, 2010)

Although I brought this matter up in my series of articles regarding the Llano County Attorney’s Office, it appears neither the County Judge nor the Commissioners decided to do anything about it. That may change in the near future.

The Llano County, Texas Fiscal Year 2008/2009 Audit Reporting Package for the year ended September 30, 2009 submitted by Singleton, Moore & Company LLP, a certified public accounting firm in Cedar Park, reported the following audit issue and comment to the County:

Other Audit Issues and Comments

2009-1 Courthouse Office Use

During our tenure as outside auditor for the County we have learned of the Llano County Commissioners Court resolution, dated October 25, 2001, that allows the County Attorney use of courthouse office space and office equipment for private law practice matters in addition to the official duties related to the elected position of County Attorney.

Review of this resolution and related Texas law indicates, in our opinion, that a taxable fringe benefit to the County Attorney is present within this arrangement that should be acknowledged within the County Attorney’s employment contract.

To ensure compliance with IRS guidelines regarding taxable fringe benefits, we recommend that the County review this agreement and determine the estimated value that is received for use of the Courthouse office space for private purposes and that the amount be reported as part of overall compensation to the County Attorney.

Whether the Commissions Court act upon this recommendation in a timely fashion, if at all, remains to be seen. They have a tendency to play favorites. However, the estimated value that is received for use of the Courthouse office space for private purposes and reported as part of the overall compensation to the County Attorney should be made public. I’ll be glad to publish their estimated value determination when they advise me what it is.

I have no horse in this race but no employee should be given special treatment when it comes to the payment of personal income taxes as a matter of fundamental fairness – and the law. I have no desire to see more money paid to the government than is absolutely necessary since most of the revenue collected by the federal government is spent without constitutional authority, used for corrupt or fraudulent purposes such as political payoffs, and plain out and out wasted

And remember Klee’s Law: We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people. (John F. Kennedy)

©2010 Harvey H. Klee

Hats Off To Charlie Daniels....Fearless American Patriot!!! (May 17, 2010)

by John W. Lillpop

 Charlie's views on illegal aliens:

I don't know how everybody else feels about it, but to me I think Hispanic people in this country, legally or illegally, made a huge public relations mistake with their recent demonstrations.

I don't blame anybody in the world for wanting to come to the United States of America, as it is a truly wonderful place.

But when the first thing you do when you set foot on American soil is illegal it is flat out wrong and I don't care how many lala land left heads come out of the woodwork and start trying to give me sensitivity lessons.

I don't need sensitivity lessons; in fact I don't have any-thing against Mexicans! I just have something against criminals and anybody who comes into this country illegally is a criminal and if you don't believe it try coming into America from a foreign country without a passport and see how far you get. What disturbs me about the demonstrations is that it's tantamount to saying, "I am going to come into your country even if it means breaking your laws and there's nothing you can do about it."

It's an "in your face" action and speaking just for me, I don't like it one little bit and if there were a half dozen pairs of gonads in Washington bigger than English peas it wouldn't be happening.

Where are you, you bunch of lily livered, pantywaist, forked tongued, sorry excuses for defenders of The Constitution? Have you been drinking the water out of the Potomac again?

And even if you pass a bill on immigration it will probably be so pork laden and watered down that it won't mean anything anyway besides, what good is another law going to do when you won't enforce the ones on the books now?

And what ever happened to the polls, guys? I thought you folks were the quintessential finger wetters. Well you sure ain't paying any attention to the polls this time because somewhere around eighty percent of Americans want some thing done about this mess, and mess it is and getting bigger everyday.

This is no longer a problem; it is a dilemma and headed for being a tragedy. Do you honestly think that what happened in France with the Muslims can't happen here when the businesses who hire these people finally run out of jobs and a few million disillusioned Hispanics take to the streets?

If you, Mr. President, Congressmen and Senators, knuckle under on this and refuse to do something meaningful it means that you care nothing for the kind of country your children and grand-children will inherit. But I guess that doesn't matter as long as you get re-elected.

Shame on you.

One of the big problems in America today is that if you have the nerve to say anything derogatory about any group of people (except Christians) you are going to be screamed at by the media and called a racist, a bigot and anything else they can think of to call you

Well I've been pounded by the media before and I'm still rockin' and rollin' and when it comes to speaking the truth I fear not.

And the truth is that the gutless, gonadless, milksop politicians are just about to sell out the United States of America because they don't have the intestinal fortitude to stand up to face reality.

And reality is that we would never allow any other group of people to have 12 million illegal in this country and turn around and say, "Oh its ok, ya'll can stay here if you'll just allow us to slap your wrist."

And I know that some of you who read this column are saying "Well what's wrong with that?"

I'll tell you what's wrong with it. These people could be from Mars as far as we know. We don't know who they are, where they are or what they're up to and the way the Congress is going we're not going to.

Does this make sense? Labor force you say? We already subsidize corporate agriculture as it is, must we subsidize their labor as well?

If these people were from Haiti would we be so fast to turn a blind eye to them, or if they were from Somalia or Afghanistan?

I think not.

All the media shows us are pictures of hard working Hispanics who have crossed the border just to try to better their life.

They don't show you pictures of the Feds rounding up members of MS 13, the violent gang who came across the same way the decent folks did. They don't tell you about the living conditions of the Mexican illegal some fat cat hired to pick his crop.

I want to make two predictions.

No. 1: This situation is going to grow and fester until it erupts in violence on our streets while the wimps in Washington drag their toes in the dirt and try to figure how many tons of political hay they can make to the acre.

No 2: Somebody is going to cross that border with some kind of weapon of mass destruction and set it off in a major American city after which there will be a backlash such as this country has never experienced and the Capitol building in Washington will probably tilt as Congressmen and Senators rush to the other side of the issue.

I don't know about you but I would love to see just one major politician stand up and say, "I don't care who I make mad and I don't care how many votes I lose, this is a desperate situation and I'm going to lead the fight to get it straightened out."

I don't blame anybody for wanting to come to America, but if you don't respect our immigration laws why should you respect any others?

And by the way, this is America and our flag has stars and stripes. Please get that other one out of my face.

God Bless America

Charlie Daniels

Clueless, Indifferent and Apathetic (April 26, 2010)

I’ve found that most people are either a) clueless as to what’s happening at the national, state or local level that affects their lives or, b) as to what little knowledge they do have on these matters, they could care less or, c) they refuse to get involved to try and correct problems that need correction. Nothing has happened to change my opinion about people in general in this respect. Take for example the following “Letter to the Editor” submitted by a reader to a local newspaper.

The reader, who shall remain nameless, starts out with the question, “Why are we still talking about health care?” Not knowing the answer to that question and having to ask it, is what I mean by “clueless.”

The writer goes on to state, “What we know is the current system is broken.” Says who? The majority of citizens polled differs and believe rightly that we have the best health care system in the world. Unfortunately, thanks to Obama and the Democrats, it has morphed into a socialized system of health care that is bound to destroy what we have now.

The writer continues: “We all need health care. It is not something that is free.” However, health care in this country is free. By law, emergency care hospitals cannot turn away one in need of medical treatment and thousands upon thousands of welfare recipients line up every day for free health care. Free to lovers of the nanny state, not to taxpayers.

The writer goes on: “We should all have access to the same level of care. It should not be based on how much money we have or the job we work.”

Yeah, right – tell that to Congress who voted for the Cadillac of health plans for themselves and outstripped anything like it under Obamacare for the rest of us. They are specifically exempted from Obamacare.

Putting that inequity aside for the moment, we all in fact “have access to the same level of care.” Access isn’t denied to anyone nor does everyone need the same level of care. I, for one, could certainly do without maternity care, childbirth coverage, drug addiction and alcohol rehabilitation coverage, and a host of other coverage’s now provided by insurance companies required by law, many of which are medical conditions that could be avoided through living better life styles. 

As for it “should not be “based on how much money we have or the job we work,” that’s nonsense. Unless you’re a welfare bum, everything we own, be it a house, car, boat, clothing, health insurance, electronic gear, utilities, etc. is based on “how much money we have or the job we work.” That’s the reason why most people work. If we didn’t have to work to pay for these things, where’s the incentive to work in the first place?

The writer flops around some more: “The current system has shown that it cannot provide these things on a fair and equal basis,” without citing any evidence of this. What can be more fair and equal than free health care that even includes non-citizens, unlimited access to a wide variety of health insurance programs, and the best health care system in the world? In this country, we have “equal opportunity,” a capitalist idea, not equal results, a socialist idea e.g. distribution of the wealth.

Each should be responsible for their own well-being without the government officiously intermeddling in one’s private and personal affairs. The writer claims he is “not for government-run programs” yet goes on to favor government-run programs!

He states, “We all know how well our privately run banking system works.” What privately run banking system? It’s probably the most government regulated industry in the country. As a result of unreasonable government regulations, it has imploded to become one of the worst financial disasters since the crash of 1929. However, our writer argues, “sometimes regulations are needed.” Give me a break!

Our clueless writer concludes, “All the legislators are trying to do is to give people access to health insurance.” Aside from his confusing health care with health insurance, everyone has access to both as pointed out above. Obamacare won’t solve the problem it purportedly addresses nor does the approach meet Constitutional muster. It’s an egregious power grab by government done in the most underhanded way never before experienced in this country on such a large scale.

And remember Klee’s Law: “Doubt is not a pleasant mental state but certainty is a ridiculous one.” (Voltaire)

Local Endorsements (April %, 2010)

Justice of the Peace, 2^nd Precinct

Suspicions confirmed: It appears W. Kermit Robinson is a ringer running against Richard Owen for Justice of the Peace, 1^st Precinct and placed there by Cheryl Mabray and her supporters. They want to see Judge Owen ousted from the position – not because he’s doing a bad job but because he questioned her possible improprieties as County Attorney. See, “A Look at the Llano County Attorney Dispute, Parts 1 through 4” in last year’s Local News.

I’m advised that the major financial contributor to Robinson’s campaign is Cheryl Mabray’s father which tends to confirm my suspicions.

Owen led in the primary with 530 votes against Robinson’s 323 with Sheila Stewart and Bob Sykes finishing in 3^rd and 4^th place, respectively. None won a majority of the votes cast, hence the run-off.

Stewart, the JP incumbent who lost her job when Owen ran against her 4 years ago probably decided to run again for spite and to get enough time in office to qualify for a pension – or at least a better one. After losing again, she publicized her endorsement of Robinson in the run-off. There’s nothing like a women scorned - or one who gets upset when she doesn’t get what she wants when she wants it. Stewart’s previous loss to Owen, like this one, was overwhelming. Look for her to be back running again 4 years from now, however.

Adding insult to injury (or heaping improprieties on top of improprieties, as the case may be), Robinson claimed the endorsement of opposing JP candidate Bob Sykes – at least until Sykes apparently read about it and, no pun intended, it turned out to be news to him. Well, one phone call led to another which was followed by a retraction by Robinson. When one is caught in a lie the political correct thing to do is to admit, “Mistakes were made.” It sounds better than, “Woops! Caught again!”

There seems hardly a Sherriff’s Deputy who wouldn’t want to leave the Sherriff’s Office to become a JP. We have Bryan Alexander in the 4^th Precinct; Eva Marion is the 3^rd Precinct and now W. Kermit Robinson running for the 1^st Precinct. Why not just put the entire JP systems under the Sheriff’s Office and be done with it? Is the Sherriff’s Office such a bad place to work or are Deputies just looking for an easy job that pays more?

Needless to say, Klee’s Kaleidoscope endorses the only man qualified for the job of Justice of the Peace, 2^nd Precinct: Richard Owen. Don’t let dirty politics deprive the citizens of the 1^st Precinct of a man with his outstanding qualifications and record.

County Commissioner, 2^nd Precinct

I had a chance to meet with Marvin Gray and to chit-chat about the upcoming run-off election for Commissioner, 2^nd Precinct against Linda Raschke. I have no idea why he’s running for the office nor does he seem to know. He garnered 259 votes to Linda Raschke’s 329 but Jesse James’ endorsement could make the difference as to who the winner will be – assuming he chooses to endorse anyone. As an active realtor in the county, Jesse may want to stay clear of that political mine field. There’s no assurance who will end up the winner and there’s no sense alienating a future commissioner – it’s bad for business.

My covert sources suggest Gray not to be a reliable Party member, supposedly supporting Democrats running against local Republican candidates in the past but I have no personal knowledge of this. In my conversation with him he seemed to be non-committal about substantive matters occurring within the Precinct, however:

1. He recognized that the “Ramp to Nowhere” (the Llano County Park boat ramp) was too narrow; only one boat could be launched at a time, had too severe a drop off, and there was no place to tie up a boat and return to the launch area to move the towing vehicle. However, he seemed to be clueless as to what to do about it.

2. He was aware that a new precinct facility would be built in the precinct but neither condemned or supported it and appeared thankful the decision was made before his potential election to office.

3. He reflected on how certain matters involving the county’s Environment Director were handled badly but offered no solution as to how to correct similar “over-reaching” problems from happening in the future.

4. He thought the Commissioners Court was fiscally responsible in holding the line on taxes when in fact taxes have gone up every year for at least the past decade. He seemed to confuse tax rates with actual taxes collected.

Maybe it’s time for a woman to shake up the good ol’ boys on the Court. Raschke seems to have more decision making experience in local government. Klee’s Kaleidoscope endorses Linda Raschke.

State Board of Education District 5 Candidates:

Ken Mercer (I)       GOP             www.votekenmercer.com

Tim Tuggey (Rino/Lobbyist/Dem?)                

Rebecca Bell-Metereau   Dem    

Robert M. Bohmfalk      Dem    

Daniel Boone        Dem    

Josiah James Ingalls        Dem

Most have had it with the social engineering of school children in government-run schools. The position Democrats and liberals have taken recently with respect to social studies text books is a recent example. Let’s use educational institutions to provide basic education needs not political indoctrination.

Klee’s Kaleidoscope endorsees Ken Mercer to keep us on the right track for better education in the “public schools.” He’s got a great web site. Check it out.

Wandering Thoughts on the Llano Elections (March 8, 2010)

For some it’s all over but the memories but for others, the fun is just beginning, what with two run-off elections soon to be scheduled: Justice of the Peace, Precinct 1 and County Commissioner, Precinct 2, it’s shaping up to be another gun fight, without the guns, at the O.K. Corral.

The number of candidates vying for Commissioner in the 2^nd Precinct came as no surprise since the incumbent decided not to run for reelection. Apparently, the twelve year requirement for a county pension serves as a de facto term limit – except for Sheriffs, they seem to stay on forever.

Out of a field of four, the only one who appeared to have a four year college degree and actual experience as a Commissioner came in third. Go figure. So little information has been published in the local papers about the qualifications of the candidates, I assumed nobody particularly cared. They must be banking on the politics of personality to win the day. Heck, one candidate in another race who is grammatically challenged won overwhelmingly!

Marvin Gray sent in a campaign statement that is published in the Candidate section of this web site where you can read it and find out more about him.  Linda Raschke has yet to be heard from. I think she served with the Kingsland Municipal Utility District in some capacity but I’m not sure.

With only 8.2 percent of the vote, Paul Green must be wondering why he ever decided to run for the office in the first place. I guess that’s what happens when you listen to your buddies. O well, I’m sure his heart was in the right place – right in the middle of his chest cavity. Cheer up Paul; it may have been a blessing in disguise.

Jesses James should ask for a re-count. He only missed being in the run-off by a swing of 3 votes – close enough to call for a re-count but it doesn’t appear that he’s interested in doing that. The real fun and games comes down to which of the two run-off contenders are going to get Jesse’s 255 votes. Jesse, are you about to give your endorsement?

Linda Raschke chalked up 329 votes to Marvin Gray’s 259 but neither followed in Gov. Perry’s footsteps and got a 50 percent majority of the votes cast in a multi-candidate field. The James’ supporters can easily make the difference as to who will be next Commissioner in the mighty 2^nd Precinct. Hopefully it will be someone who will get out there and get all the potholes filled.

Congratulations to Linda Ballard on winning her contested contest for Justice of the Peace, Precinct 2. I’m not enthralled with non-attorneys sitting on the bench but I’m particularly opposed to having the job filled with law enforcement types. Can you imagine your chances of successfully defending against a traffic ticket before a former sheriff’s deputy or police officer?

The Precinct 1 race for Justice of the Peace is another matter. Richard Owen, the incumbent and the only attorney to ever hold the office, was faced with three challengers. One was a former JP in that Precinct who lost to Owen when he first ran for the office. Rumor had it she didn’t even live in the precinct – at least for a time. She did, however, pull ahead of Bob Sykes finishing up in third place to Sykes’ fourth place showing so they’re both out of the running.

One has to wonder why so many filed against Owen who by all accounts was doing an admirable job. After all, he did get 530 votes to the runner-up’s 323. Here’s where politics came into the picture – I mean the nasty kind.

Owen was outspoken in questioning the legality and propriety of certain actions involving the County Attorney’s Office. Whether the allegations were meritorious or not, the County Attorney, with the support of the county administration, seemed to have gone into a bunker mode and came back swinging. I wrote about the issues in a series of articles last year. It’s suspected that the powers that be were behind supporting candidates to run against Owen to unseat him.

It’s up to the voters in that Precinct to decide if they want to be manipulated that way. With Stewart’s and Sykes” votes, 223 and 218, respectively, up for grabs, Owen could easily lose in the run-off with the precinct losing the best qualified JP they ever had. I hope that doesn’t happen.

The run-off is between Owen and W. Kermit Robinson. I know a lot about Owen from the time he first ran for the office. I know nothing about Robinson other than he’s a non-attorney which in my book automatically disqualifies him to serve as a judge. Just as I don’t like wet nurses making medical decisions for me, I don’t like judge wannabes ruling on my legal rights but then, that’s just me. Horseshoe Bay Llanoites might feel differently.

And remembering Klee’s Law: “We have a criminal jury system which is superior to any in the world; and its efficiency is only marred by the difficulty of finding twelve men (or women) every day who don’t know anything and can’t read.” (Mark Twain)

©2010 Harvey H. Klee

Inflation Has Already Hit Us (February 1, 2010)

During the subsequent decade, the stock market made us rich as kings, then poor as church mice. We've taken a look back to see how the years have affected the price of 50 things we buy, or wish we could buy. Thanks to inflation, it takes around $1.30 to buy what $1 bought in 1999.

You'll note that some items, such as an iMac, a home mortgage and Hummel figurines are relative bargains compared to their 1999 prices. Others, however, such as a Superman comic book, a gallon of gas or a trip to the observation deck of the Empire State Building have skyrocketed.

Yet other items haven't changed much at all, including the money Tom Cruise receives for starring in a turkey ("Eyes Wide Shut" vs. "Valkyrie").

How have your fortunes fared in the past ten years?

Notes: 1999 prices are in 1999 dollars, 2009 prices in 2009 dollars. For some items, a true apples-to-apples comparison is not possible, since the product/service has evolved; the iMac, for example. The earlier prices were taken from the last half of 1999 or the first half of 2000. For statistics that are only gathered annually, we have used the most recent figure available; usually at 2008 year end.

Firearms Refresher Course (February 1, 2010)

1. "Those who hammer their guns into plows will plow for those who do not." ~ Thomas Jefferson

2. "Those who trade liberty for security have neither." ~ John Adams

3. Free men do not ask permission to bear arms.

4. An armed man is a citizen. An unarmed man is a subject.

5. Only a government that is afraid of its citizens tries to control them. 

6. Gun control is not about guns; it's about control.

7. You only have the rights you are willing to fight for.

8. Know guns, know peace, know safety.

    No guns, no peace, no safety.

9. You don't shoot to kill; you shoot to stay alive.

10. Assault is a behavior, not a device.

11. 64,999,987 firearms owners killed no one yesterday.

12. The United States Constitution (c) 1791. All Rights Reserved.

13. The Second Amendment is in place in case the politicians ignore the others.

14. What part of 'shall not be infringed' do you NOT understand?

15. Guns have only two enemies; rust and politicians.

16. When you remove the people's right to bear arms, you create slaves.

17. The American Revolution would never have happened with gun control.

 Free Prescription Drug Discount Cards Available to Llano County Residents (January 25, 2010)

Perhaps the best kept secret in Llano County is the fact that the county is a member of the National Association of Counties (NACo) and as such, county residents are entitled to a free prescription drug discount card. In a free market, who needs health care reform? Here is NACo’s press release.

WASHINGTON, D.C. – Americans struggling to cope in an economy in recession are receiving some real financial relief on their prescription drug purchases thanks to their county government. By participating in the National Association of Counties (NACo) Prescription Discount Card

Program, counties have helped American consumers save more than $205 million on more than 16.6 million prescription medicine purchases at their local pharmacy since the program began five years ago.

The free discount cards are available to every family residing in a participating NACo-member county with no age, income or health restrictions. All commonly prescribed prescription medications, including pet medications, are eligible for a discount. The discounts are available to consumers who do not have prescription drug insurance or the particular drug they need is not covered by their insurance. The average savings is 23.9 percent off the regular retail price the consumer would otherwise pay at the pharmacy.

More than 1,250 of the nation’s 3,068 counties are participating in the program and more are joining the program every month. More than 59,000 retail pharmacies, including the major pharmacy chains such as CVS/pharmacy, Rite Aid, Walgreens and Wal-Mart, accept the NACo discount card along with many independently owned and operated pharmacies.

“These are truly valuable cards counties are making available to American families at no cost to taxpayers,” said NACo President Valerie Brown, supervisor, Sonoma County, Calif. “Many families

are struggling to make ends meet. By taking advantage of the savings available with the NACo card, families are able to use those extra dollars on other necessities.”

The program has been a big hit with county officials and consumers.

NACo Membership Committee Chairman Tim Loewenstein, commissioner from Buffalo County, Neb., has the program in his county and encourages other county officials about the tremendous benefits of the discount card program. “Usually in government we ask for taxpayer money and provide a service in return,” Loewenstein said. “But with this program, counties are providing a valuable service directly to families at no cost to them.”

Here are the key factors that make the NACo discount card program unique and effective:

• It’s easy – There are no enrollment fees, no forms to fill out, no age or income requirements, and no medical condition restrictions. The entire family is covered with just one card and all commonly prescribed medicine is covered (including pet medication);

• It’s free – The discount cards are provided free to residents living in participating NAComember counties across the country. A national network of more than 59,000 retail pharmacies honor the card;

• It’s for everyone – There is no cost to the county, county taxpayers, or consumers to participate.

• Consumers always receive the lowest price – On occasion, pharmacies will price a particular medication lower than the discount rate available with the NACo card. If that occurs, consumers will receive the best price available from that pharmacy.

The NACo Prescription Drug Discount Card Program was created in late 2004 as a 17-county pilot program in partnership with CVS Caremark to provide a valuable membership benefit to counties. The NACo Board of Directors made the program available to members nationwide in May 2005.

Brown emphasized that there is no cost to the county, county taxpayers, or consumers to participate in the program. CVS Caremark, the largest provider of prescriptions and related health care services in the nation, negotiates the discounts directly with the pharmacies and drug manufactures.

Neither NACo nor the participating counties receive any revenue from the program. “This is strictly a membership benefit to counties,” Brown said.

“NACo has been a dedicated partner with CVS Caremark to make the free NACo Prescription Discount Card program available to counties and their residents,” said Kirby Bessant, vice president, consumer programs, CVS Caremark. “Since the inception in 2004, it has enabled county governments to help their residents save millions in prescription drug costs.”

For more information about the program and a list of participating counties and pharmacies, visit

www.naco.org.

LMHS Mardi Gras Fundraiser (January 25, 2010)

L-R: Revelers at last year’s ball – Kevin Leeper,(Tin Man), Bob Sewell, Peter Brumleve, Malinda and David Hoerster (a Munchkin and the Guard from the Wizard of Oz) and David Northington

Celebrate Mardi Gras in Llano at the 5th Annual LMHS Mardi Gras Ball.  Sponsored by the Llano Memorial Healthcare System Foundation, the gala event scheduled for Saturday, February 13th at the Oestreich Rose in Llano is sure to be the party of the year with all of the fanfare that one expects with Mardi Gras. 

Entertainment at the Ball will be provided by the “sax man” Elliott Fikes and Soul Serenade, a dynamic, hi-energy group.   Fikes, the band's leader, is a talented saxophonist who also sings lead and performs cover tunes by Ray Charles, Otis Redding, Louis Armstrong, James Brown, and many more, as well as some soulful originals.   The group will perform music from the 60's, 70’s and 80’s as well as a little country and western, Cajun, funk, jazz, rhythm and blues, and soul. 

Phyllis Alexander, President of the LMHS Foundation said, “Costumes are optional, but they really help make the evening extra special.  Anyone who has ever attended Mardi Gras in New Orleans knows the wilder and crazier the costume, the better.” 

Proceeds from this year’s gala will help with the purchase of a new hematology analyzer for the hospital laboratory.  The hematology analyzer is a critical piece of lab equipment and is used to process one of the most frequently requested diagnostic tests, a complete blood count (CBC). The hospital lab runs an average of 40 to 50 tests per day, with specimens tested coming not only from hospital inpatients and outpatients but also Hoerster Clinic patients. 

For more information or to purchase tickets for the Mardi Gras Ball, contact LMHS Foundation at 325 247-7824.

And They’re Off to the Races (January 18, 2010)

The following incumbents, challengers and newcomers have filed in Llano County for the elected offices indicated below. Twenty-six have filed as Republicans and four have filed as Democrats. Either some are dissatisfied with the incumbents or are just looking for a job in an Obama economic down market.

I suspect that not all are or will be dedicated civil servants. I’ve heard too many aspiring candidates say they wanted to remain in office for at least 12 years to get pension benefits. One past candidate who lost re-election after eight years in office told me he was running again to pick up the extra years need to qualify for a pension. Such civic-minded dedication! By the way – he lost.

Of course running on the Republican ticket doesn’t necessarily mean that person is a political conservative. Party chairs have been know to recruit any warm body eligible to vote into the party no matter what their political beliefs just for the sake of increasing the number of party registrants. That’s what got us into the Obama/Democrat mess we’re facing today. But then, to the bean counters it’s always party over country.

It’s disappointing to see that most incumbents are going unchallenged which means we’ll have four more years of the same in most cases. That may not be a bad thing but it isn’t necessarily a good thing either. Since there is no independent investigative reporting of what takes place politically within Llano County, we really don’t know how good a job elected officials are doing locally.

Here’s the list of candidates:

Mike Conaway (R, incumbent) 11^th Congressional District of Texas

Al Cowan (R, Sunrise Beach) 11^th Congressional District of Texas

Chris Younts (R, San Angelo) 11^th Congressional District of Texas

James Quillian (D, Monahans) 11^th Congressional District of Texas

Troy Frazier (R, incumbent) Texas Senate District 24

Harvey Hilderbran (R, incumbent) District 53 Texas House Representative

Wayne Brascom (R, incumbent) County Judge

Bette Sue Hoy (R, incumbent) County Clerk

Joyce Gillow (R, incumbent) District Clerk

Sandra Overstreet (R, incumbent) County Treasurer

Fred Thomson (R, incumbent) County Surveyor

Marvin Gray (R) Commissioner, Precinct 2

Paul Green (R) Commissioner, Precinct 2

Jesse James (R) Commissioner, Precinct 2

Linda Rashke (R) Commissioner, Precinct 2

Don Moss (D, incumbent) Commissioner, Precinct 4

Don Stiles (R) Commissioner, Precinct 4

Roy B. Inks (R) Commissioner, Precinct 4

Richard Owen (R, incumbent) Justice of the Peace, Precinct 1

W. Kermit Robinson (R) Justice of the Peace, Precinct 1

Bob Sykes (R) Justice of the Peace, Precinct 1

Sheila Stewart (R) Justice of the Peace, Precinct 1

Linda Ballard (R, incumbent) Justice of the Peace, Precinct 2

Tim McCray (R)

Era Marion (R, incumbent) Justice of the Peace, Precinct 3

Brian Alexander (R, incumbent) Justice of the Peace, Precinct 4

James Simmons (R) Republican Party Chair

Fermin Ortiz (R, incumbent) Republican Precinct Chair, Precinct 101

Marilyn Green (R, incumbent) Republican Precinct Chair, Precinct 102

Stephen Cowey (R, incumbent) Republican Precinct Chair, Precinct 203

Don Graham (R, incumbent) Republican Precinct Chair, Precinct 204

Teresa W. Gray (R, incumbent) Republican Precinct Chair, Precinct 205

Sara Schwab (R) Republican Precinct Chair, Precinct 307

Hugh Dawson (R, incumbent) Republican Precinct Chair, Precinct 410

Jennie Lou Leeder (D, incumbent) Democratic Party Chair

Linda Yarborough (D) Democratic Precinct Chair, Precinct 102

Bill Prather (D) Democratic Precinct Chair, Precinct 109

Klee’s Kaleidoscope will publish campaign statements, unedited, for all candidates regardless of party affiliation. Just e-mail me your statement along with a photograph of yourself if you have one in .jpg or .gif format as an attachment. If you don’t have e-mail, you shouldn’t be running for office in the first place.

A suggestion re campaign statements: Spare us the good intentions. State your education, experience and relevant qualifications (not who you’re married to, how many children/grandchildren you have, where you go to church, etc.) and provide a clear and succinct statement as to what you intend to accomplish if elected or re-elected to office. But then, it’s your statement so submit whatever you want – I’ll publish it as is unedited.

Llano Not So Fun Run (January 18, 2010)

Llano Memorial Healthcare System (LMHS) and Scott & White are hosting the first Llano Not So Fun Run on Saturday, February 6^th at Badu Park in Llano.   “The idea for LMHS to hold a fun run came as a result of  the employee wellness initiative kicked off last summer,” according to Mary Rhodes, LMHS Community Relations..  “We had so many people realize the benefit of increased activity levels; especially the health benefit that can come from walking not to mention jogging or running, that we thought it was time for the health system to sponsor its own walk/run.”

The run, which will be an annual event in conjunction with February being American Heart Month, offers an opportunity for walkers/runners in the 1 mile, 5K and 10K categories.  According to run organizer, Colette Todd, the name “Llano’s Not So Fun Run” comes from the hills and inclines participants will face along the way.

Rhodes said “We designed the event to appeal to walkers and runners alike, along with distances ranging from a 1 mile category to the 5K walk/run upward to a 10K run which would appeal to a more seasoned participant.”  The cost of early registration which assures the participant of a run tee-shirt is $20; with kids 12 and under at $10.  “We even offer a discount on registration for groups of three or more.  In those cases registration costs $10 per individual.”  

For more information or to receive a registration form, contact Mary Rhodes, LMHS Community Relations at 325 247-7824 or go to www.llanomemorial.org and follow the  Llano’s Not So Fun Run link.

The Morals of an Alley Cat (January 11, 2010_

What do the following people have in common?

Holly Sampson

Mindy Lawton

Kalika Moquin

Jaimee Grubbs

Rachel Uchitel

Theresa Rogers

Loredana Joli

Cori Rist

Veronica Siwik-Daniels aka Joslyn James

They are all alleged mistresses of Tiger Woods, and if the allegations hold true, that’s not the only thing they have in common. While Woods may have the morals of an alley cat, his mistresses are no better.

WikiHow.com is a blog that promotes itself as “the how to manual that you can edit.” Their take on “How to be a Mistress” runs along these lines:

“Becoming a Mistress to a married man is not something to enter into lightly. Be sure you are doing this for the "right" reasons because you love this man, he loves you, and he cannot or will not sever his relationship with his wife. Having an affair with a married man is not a game. It is a commitment with a very high price tag. People can, and usually do, get hurt.”

I don’t buy it. I believe becoming a mistress to a married man shouldn’t be done at all, for what ever reason. In my book there is no “right” reason to become party to adultery. If the guy’s married, stay away from him – 9 will get you 10 he’s too stupid to resist temptation which in itself is proof enough that he’s not smart enough to carry on an extra-marital relationship for long without getting caught.

In my opinion, if Tiger Woods is a whore hound then his mistresses are sluts who care nothing about marriage or family. Woods had everything to lose. The mistresses lost nothing. In fact, many of them are capitalizing on the publicity and making a mint off of it. Their offense is at least equal to, if not greater than, Woods’.

According to Wikihow, it’s alright to commit adultery or be a party to it if both offenders “love” one another. So often, however, people confuse “love” with “lust.” If two people are physically attracted to one another, they control the relationship. Climbing into bed with one another doesn’t “just happen.” It’s a willful, deliberate, premeditated act…and it still takes two to Tango.

Bottom line: If Woods is going to be condemned for his adulterous behavior with a stable of hot-looking women, those hot-looking women should take at least half the heat and not be glorified on “Opra” who herself was “the other woman,” along with Barbara Walters, at one point in their lives. I don’t know if the latter was bragging about it or just wanted to talk about it a little. Unlike Woods’ mistresses, however, at least Opra seemed to show some remorse.

In any event, there’s a lot to say in favor of the old-fashion alienation of affection law suits of yesteryear. There, I just had to get it out of my system.

And remember Klee’s Law: “The best  sermons are lived, not preached” (An Old Farmer’s Advice)

©2010 Harvey H. Klee

Along Came a Spider… (January 4, 2010)

When I lived in California I was amazed at the number of people who bought homes in high fire risk areas, along earthquake faults, on mountain sides rapidly eroding into the sea, in areas prone to flooding, etc. but I figured, what the heck, it’s their money. They should be able to do whatever they want with it as long as it doesn’t burden others.

Then along came the government aka “Big Brother” who insists they know what’s best for the people and decide to tell you what you can and can’t do with your own property – and leave you with the tab. The latest, and unfortunately not the last, government officious meddling in one’s pursuit of life, liberty and happiness is FEMA‘s recent abuse of power in declaring several properties near Castell to be in flood zones.

One property owner stated to me that FEMA’s findings will require some property owners to raise the level of their land by approximately 7-8 feet before they would be allowed to build on it. The only property exempt i.e. “grandfathered” is one’s actually residence. In other words, if one were to comply, they could end up with a home 8 feet below the level of the surrounding property – they’d be living in a hole!

Another unfortunate victim of this calamity just finished building a barn on his property. When he applied for a permit to build his home on the same property, he was told he had to build a 6-8 foot mound on which to build the house as a prerequisite to obtaining a building permit! Ron Moore, the County’s overseer of all building permits, jumped the gun on FEMA's proposed flood plain before it was ever adopted and put into effect. How can one enforce a regulation when it doesn’t exist?

The irony of it is that the new FEMA flood plain maps rely in part on studies and data that are 20 years old and are inaccurate. The criteria used for determining base flood levels were changed arbitrarily and make little practical sense. Figures obtained are based on computer models – and after the recent revelations concerning the man-made global warming hoax you know how trustworthy they are. No extensive hands-on investigation of the area was conducted. It was all based on speculation, conjecture and supposition. That’s one sure way of destroying one’s lifetime accumulation of net worth. Power gone awry.

The property in question might not actually be in a flood plain, but even if it were, so what? A property owner should have the right to build where he wants without being forced to raise the level of his land by several feet as a condition of obtaining a permit. The county can at least issue permits on the same basis as they would for any other citizen wishing to build on their property – flood plain or no.

Of course there are other problems facing property owners caused by FEMA, the Commissioners Court and their underlings: buyers will be discouraged from purchasing property that can’t be built upon without incurring outlandish expenses, owners will be unable to develop their property for the same reason, flood insurance will go through the roof for those who don’t own their property outright, and the value of the property in question will become next to worthless – can’t sell it, can’t develop it.

By all accounts, if the regulations go through, and all projections are that they will, the property owners affected by the new flood plain regulations should have property values greatly lowered since they are supposedly based on market value i.e. comparable properties in similar flood zones. However, that would be small consolation.

If the Commissioners Court would remember the oath they took when sworn into office to uphold the Constitution of both the United States and the State of Texas they would refuse to adopt the new FEMA flood plain regulations that will undoubtedly destroy the property values of many of their constituents.

On the other hand, don’t expect too much help from them. My understanding is that FEMA grants of money will only become available if the pending flood plain regulations are adopted by the county, Shades of the world’s oldest profession!

And remember Klee’s Law: "In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution." --Thomas Jefferson

©2010 Harvey H. Klee

Llano…We Have a Problem (December 21, 2009)

A few months ago a male inmate escaped from the Llano County jail. As told to me, two actions were immediately taken by the Sheriff’s Office: a search warrant was issued to search his home and, the guy was caught and taken back into custody.

Instead of returning him to jail forthwith, however, our freedom flighter was handcuffed, placed in a squad car and left alone while deputy sheriffs stopped off to search his home on the way back to the pokey. “Houdini” escaped again, was injured and required medical treatment when recaptured. Some claim he fell in a hole and tore up his face but who knows?

If you get the local papers you probably missed reading about this incident because nothing about it was published. Apparently it wasn’t considered newsworthy, although it would be nice to know that these things happen close to home so that one can take proper precautions.

I’ll reserve drawing upon Keystone Kops analogies and the tendency of news sources to selectively censure such stories for the moment. To quote ex-President Clinton, “Mistakes were made” but then, that’s what every politician says when they screw up. Those aren’t the problems to which I’m referring, however.

The question is: Who pays for an inmate’s medical costs, what basic health care services are required to be provided and who foots the bill and how much?

Just as there are Medicare and Medicaid rates applicable to specific medical procedures and hospital care, so too are there indigent health care rates – both being less than the established “standard fee” charged for health care services provided.

For example, an inmate booked into the Medina County Jail on an assault charge was rushed to the hospital with chest pains. The original $40,778 invoice for his treatment was dropped to about $6,000 thanks to indigent care rates that medical providers charged the county for inmates.

For those not familiar with the County Indigent Health Care Program (CIHCP), the law was enacted in 1985 intended to ensure that needy Texas residents, who do not qualify for other state or federal care assistance programs, receive health care services. In other words, if you’re rich or poor you’re pretty well taken care of; it’s the middle class that gets the royal shaft.

In Texas, 143 counties administer a CIHCP for indigent residents of all or any portion of their county not served by a public hospital or hospital district (Lord, we sure don’t want one of those).

Counties may qualify for state assistance funds after they expend 8% of their General Revenue Tax Levy (GRTL) and, if eligible, receive a 90/10 match for those expenditures above their 8% GRTL. Counties may close their programs for the remainder of the state fiscal year if they expend 8% of their GRTL and state assistance funds are unavailable.

Basic health care services include physician services, annual physical examinations, immunizations, medical screening, laboratory and x-ray services, family planning services, skilled nursing facility services, prescriptions, rural health clinic services, and inpatient and outpatient hospital services.

As one county commissioner from a different county stated, “It pays to get arrested.” Another complained that it’s not right that the county provides better health benefits to suspected wrongdoers than it can afford to give its own employees. Pregnant females (are there any other kind?) can get free natal care and delivery of their babies by committing a minor crime, getting arrested and not posting bail. That’s another good reason for reducing the county’s case backlog and clearing out the pens.

In spite of the discounts available under the County Indigent Health Care Program, the climbing costs of treating inmates and other indigents are staggering. Aggravating the situation in Llano County is the failure of the County Commissioners to take advantage of the state program and instead is paying full freight for indigent inmate health care.

Our flighty friend from the Llano Hilton, for example, will purportedly cost the county an estimated $20,000. That amount could be reduced as much as 50% or more. Based on the information I received, the Llano Commissioners Court was not billed at or paid the indigent care rate but rather the standard, unsubsidized fee. This practice has been going on for several years. Apparently, the Commissioners Court don’t want to short change the local health care providers – the taxpayers who foot the bill be damned.

Unfunded state mandates are one thing; not taking advantage of a state system to alleviate the problem is another. Like the saying goes, follow the money and it sure as heck doesn’t lead back to the taxpayers.

NOTE: At a Commissioners Court hearing held Monday, December 14, 2009, the Court approved paying Indigent Care and Medicare rates for inmates needing medical treatment. Finally! Word must have leaked out that this article was forthcoming.

And remember Klee’s Law: “It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds” (Samuel Adams)

©2009 Harvey H. Klee

Guilty Until Proven Innocent (November 30, 2009)

I feel sorry for Bode Barker. He’s a decent guy who is strongly community minded serving with the Kingsland Volunteer Fire Department, owner of Cher-Tex Communications which outfits emergency vehicles, previously served on the Castell Volunteer Fire Department as their Fire Chief, and is a talented musician and singer in his own right. Then along comes a 10 year-old girl who turns his life upside down by telling her grandmother that Barker sexually assaulted her by penetrating her with his finger. This was back in 1999.

It’s not clear from newspaper reports whether Barker was married to the child’s mother at the time or whether this was his daughter or step-daughter but at some point, he was married to the child’s mother. If the allegations were proven to be true, Barker would face anywhere from 5 to 99 years in prison and up to $10,000 in fines.

The matter was thoroughly investigated by the Hill Country Children’s Advocacy Center, The Llano City Police and Child Protective Services. It ended up with the investigators finding insufficient evidence to support the allegations. The matter was dismissed.

That should have been the end of it although I don’t know why the girl wasn’t prosecuted for filing a false police report and sued for defamation. I’m in favor of putting all perpetrators through the same kind of hell an innocent person goes through when falsely accused.

Ten years later, Barker got a divorce from the child’s mother and the case was again brought to the attention of the authorities and re-opened. That should have alerted them that there might be more to the case than the uncorroborated allegations of a ten-year old child made 10 years ago. By all appearances, it was pay-back time by a vindictive ex-wife, a go-along grandmother and a now 20 year-old woman who was helping her mother get revenge for her failed marriage. You know, a woman scorned and all that garbage.

A damning fact shown in the taped interview was that the kid stated several times that she may have dreamed the whole thing! Kind of shatters the state’s case, doesn’t it?

But not to be sidetracked by reality, the District Attorney’s office decided to prosecute, largely on the basis that the girl’s allegations were made to her grandmother near to the time of the events of which Barker was accused. The prosecuting attorney, Cheryl Nelson, said that made the case “unique” (Honestly, I don’t make this stuff up).

So like a bull in a China closet, The D.A. goes charging ahead and asks the Grand Jury to file a bill of indictment against Barker on the basis of an interview video purportedly wherein the “victim” made her outlandish claim but repeatedly stated that it may have been a dream! One wonders if that last factoid was withheld from the Grand Jury.

The District Attorney got the bill of indictment he wanted yet claimed he didn’t get a look at the case when it was originally investigated: “We weren’t aware of this case until recently so we didn’t have a lot of time to look at it” was what was reported locally. One would think a case would be looked at thoroughly before reaching a decision to proceed before a Grand Jury.

To add salt into an open wound, the only information reported in the local media was that the District Attorney’s office had a statement from the girl taken near to the time the event supposedly had occurred concerning the assault. No mention that she may have dreamed it was reported in the papers, however.

The case eventually went to trial and after a short deliberation of less than five hours, Barker was found “Not guilty.” District Attorney Sam Oatman’s explanation after the trial verdict was pathetic: “Cheryl did a good job putting on the evidence (how much could she have put on- there was so little of it?). This was an old case, but we felt we needed to give the victim the opportunity to have her day in court (which victim – the one who made false accusations or the one falsely accused?)”

Sam Oatman is further quoted as saying, “If we didn’t take these cases, child abuse would go rampant.” The converse being, “By prosecuting merit less cases such as this one, prosecutorial misconduct would go rampant.” It takes audacity to defend that which is indefensible.

But ADA Nelson showed real chutzpah after the trial when she stated, “I feel justice was done in that justice is a search for the truth.” Where she ever got that cockamamie idea from is beyond me – they don’t teach it in law school. I was taught that justice was doing right under the law and it sure wasn’t done in this case.

Was justice done? Hell no! Barker suffered attacks on his reputation starting 10 years ago, his family and friends went through hell and it cost him a small fortune to defend himself against spurious claims. I wonder how many other cases are going to be taken up by the District Attorney’s office with equally weak and ancient uncorroborated evidence to support them.

And remember Klee’s Law: ““Mercy to the guilty is cruelty to the innocent.” (Adam Smith)

© Harvey H. Klee 2009

©2009 Harvey H. Klee

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