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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, 12010)

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

Speak of the Devil… (November 2, 2009)

I didn’t realize how prophetic I’d be when I ran last week’s Poll, “How serious do you believe the H1N1 flu is in your community?” and the accompanying article, “Seasonal Flu Shot May Double Swine Flu Risk” in which I commented that the alleged H1N1 flu (Swine Flu) “crisis” has been brought on by the administration in a calculated attempt to reflect attention away from the radical left-wing agenda President Obama, his administration and a Democratic Congress are pursuing 

Sure enough, he’s done it again. No sooner does my article appear when President Obama declared swine flu a national emergency! Using as his rationalization to add to the mass hysteria and distract attention away from his power hungry quest is the claim that 1,000 people in the United States, including almost 100 children, have died from the strain of flu known as H1N1 and 46 states have widespread flu activity. The actual number pf deaths attributable to the swine flu in the United States depend on who’s reporting on it.

But is this a national emergency?

A review of the 2008 Epidemiological Fact Sheet on HIV and AIDS in the United States, for which the latest figures are available:

·        1.2 million People are living with HIV

·        0.6 percent of adults aged 15-49 are infected

·        millions of Adults are living with HIV

·        230,000 women aged 15 and up are living with HIV

·        22,000 deaths have been attributed to AIDS

·        Data as to the number of children 14 and under is unavailable

AIDS is by far a greater threat than the swine flu but no national emergency has been declared concerning it.

According to a CNN report citing the Center for Disease Control and Prevention, the regular seasonal flu virus has killed thousands of people since January of this year and is expected to keep killing hundreds of people every week for the rest of the year. This is usually brought about by complications of seasonal flu.

The CDC estimated that about 36,000 people die of seasonal flu-related causes each year, on average, during the 1990s in the United States. This figure includes people dying from complications of seasonal flu. You can read more about seasonal flu at http://www.cdc.gov/flu/about/disease/us_flu-related_deaths.htm

Where was the call for a national emergency then?

Just to complicate things further, as-yet-unpublished Canadian data raises concerns about whether it's a good idea to get a seasonal flu shot. A series of studies suggests that people who got a seasonal flu shot last year are about twice as likely to catch swine flu as people who didn't. The study, however, has not as yet been subject to peer review.

In the meantime, five biopharmaceutical companies have been awarded massive contracts by the U.S. Department of Health and Human Services (HHS) for development and production of more than 195 million doses of swine flu vaccine, and health officials are urging everyone to get vaccinated against both the seasonal- and the swine flu this season. Follow the money?

Now President Obama jumps into the fray and declares a national emergency. I guess one hand washes the other.

But here’s the rub: the Highland Lakes United Methodist Church had scheduled H1N1 flu vaccine shots to be available on November 18 at the church from 8:00 a.m. to 10: p.m. – twelve hours straight. They were told there was more than enough vaccine to handle as many people as would show up during that 12 hour period.

As soon as Obama’s announcement was made, the flu shots were cancelled and withdrawn from distribution at the church! My guess is that they were pulled from the rural areas and redirected to urban areas where people are more likely to be supportive of Obama’s politics. With this guy in office, I wouldn’t put anything past him. He certainly isn’t an ardent fan of Texas.

But the big question is: why declare a national emergency?  It gives government sweeping authority to deny us our liberties. Consider:

·        First, there are many states that have passed legislation that is triggered based on such a declaration.

·        Second, draconian Federal powers are automatically authorized, at gunpoint if necessary:

·        The government has the power to force mandatory swine flu vaccinations on the entire population.

·        The government has the power to arrest, quarantine or "involuntarily transport" anyone who refuses a swine flu vaccination.

·        They can quarantine an entire city and halt all travel in or out of that city.

·        They can enter any home or office without a search warrant and order the destruction of any belongings or structures deemed to be a threat to public health.

·        A declaration of a national emergency can effectively nullify the Bill of Rights. Your right to due process, to being safe from government search and seizure, and to remain silent to avoid self-incrimination are all null and void under a Presidential declaration of a national emergency.

Absent all of that, there is serious question to the "emergency" that exists. Now even CBS has published such an article questioning the overblown hype.

A three-month-long investigation by CBS News, released earlier this week that included state-by-state test results, revealed some very different facts. The CBS study found that H1N1 flu cases are NOT as prevalent as feared. A CBS article even states:

"If you've been diagnosed "probable" or "presumed" 2009 H1N1 or "swine flu" in recent months, you may be surprised to know this: odds are you didn't have H1N1 flu. In fact, you probably didn't have flu at all."

CBS reports that in late July 2009 the CDC advised states to STOP testing for H1N1 flu, and they also stopped counting individual cases. Their rationale for this, according to CBS News, was that it was a waste of resources to test for H1N1 flu because it was already confirmed as an epidemic.

So just like that virtually every person who visited their physician with flu-like symptoms since late July was assumed to have H1N1, with no testing necessary because, after all, there's an epidemic.

And remember Klee’s Law: “What is most frightening about the political left is that they seem to have no sense of the tragedy of the human condition. All problems seem to them to be due to other people not being as wise or as noble as they are.” (Thomas Sowell)

©2009 Harvey H Klee

Seasonal Flu Shot May Double Swine Flu Risk (October 26, 2009)

A Canadian study found that people who are vaccinated against ordinary seasonal flu double their risk of catching swine flu. The unpublished study has stunned government agencies and thrown national vaccination plans into upheaval as well as tested the public’s faith in the government’s ability to protect their health. Although many experts are skeptical of the study’s results, several provinces in Canada have announced plans to suspend seasonal flu vaccinations.

“It has confused things very badly,” Dr. Ethan Rubinstein, head of adult infectious diseases at the University of Manitoba, told The Globe and Mail. “And it has certainly cost us credibility from the public because of conflicting recommendations. Until last week, there had been much encouragement to get the seasonal flu vaccine.”

Alberta, British Columbia, Nova Scotia, Ontario, Quebec, and Saskatchewan provinces have suspended seasonal flu shots for all people under 65 years old. Instead, they are focusing on vaccinating for the H1N1 “swine flu” virus during the autumn months and plan to resume seasonal flu vaccinations early in 2010.

“By the time the H1N1 wave is over, there will be ample time to vaccinate for seasonal flu,” Rubinstein said.

So far, health authorities in the United States have stated they haven’t found a similar link. The head of vaccine research for the World Health Organization has suggested the Canadian study is flawed, but Dr. Rubinstein doesn’t agree.

“There are a large number of authors, all of them excellent and credible researchers,” he said. “And the sample is very large—12 or 13 million people taken from the central reporting system in three provinces. The research is solid.”

Senior citizens, who carry antibodies that seem to largely protect them from the effects of H1N1, are still urged to get the seasonal flu shot, since they are more likely to be susceptible to the worst effects of seasonal flu.

Scientists do not understand the link between seasonal flu shots and the H1N1 virus. “At the present time, it is quite perplexing,” said Dr. Rubinstein.

Meanwhile, it is reported that 10 percent of the students in the Marble Falls ISD are out sick i.e. 400 students. I believe this is the result of mass hysteria concerning the alleged H1N1 flu (Swine Flu) epidemic that has been brought on by the administration and the mass media – it is a calculated attempt to reflect attention away from the socialist agenda being pursued by the administration and its enablers in the main stream news media – not a conspiracy, simply a strategic ploy. Obama has lied about so many things so often while the media falls in lock-step with him - and Lord help those who hold opposing views.

As a consequence, political leadership in this country has lost all credibility and those entrusted with objectively reporting the news become laughingstock. Power politics has created a more unhealthy state of affairs in the United States than any claimed swine flu threat. Yes, people get sick – but the administration and the MSM have overplayed their hand on the health risks involved.

Unfortunately, the mass hysteria concerning the H1N1 flu has been picked up by the local media. Not one report concerning the high rate of absenteeism in the Marble Falls ISD in any local newspaper has indicated the precise number of students who have come down with the swine flu i.e. there is no attribution that students who are reportedly sick are sick as a result of the H1N1 flu. This is irresponsible reporting and that does little to allay the fears about swine flu that is being politically exaggerated.

If you’re really concerned about your son or daughter catching the flu – whatever kind – in addition to taking the usual precautions, send them to school wearing health masks as they do in many other countries – sure beats coughing into a sleeve, or home school them.

And remember Klee’s Law: When politicians propose some hugely expensive new program and are asked how the government is going to pay for it, a standard ploy over the years has been to claim that they will pay for it by eliminating "waste, fraud and abuse." At a recent town hall meeting, a citizen raised the obvious question: If you can do that, why haven't you done it already? (Thomas Sowell)

Watch Out for the Deer! (October 19, 2009)

Although folks here in the Hill Country know that deer can suddenly jump out onto the road and cause serious injury or death and severe property damage, this point was again brought home by the recent death of Burnet County Deputy Sheriff Francis David Blake who died in the line of duty while responding to an accident. Blake’s death came about when he struck a deer, ironically just west of Deer Springs, lost control of his vehicle and struck a tree. He reportedly was not wearing a seat belt at the time.

There are as many as 1.5 million vehicle-deer crashes each year in the U.S., costing an average of about $2,000 each. About 300 motorists and passengers — and virtually every deer struck — are killed and about 15,000 people are injured, usually when the driver runs off the road or into oncoming traffic while attempting to avoid deer.

Hunters kill almost 7 million deer a year. Motorists kill about 1.5 million. The difference: The hunters do it on purpose, motorists do it accidentally. To the deer, it's a difference without distinction. Except that they often suffer longer after being hit by a car.

Many, perhaps most, deer-crash injuries occur when drivers attempt to avoid a deer and hit a tree, another car or run off the road and flip. A word to the wise: "Don't Veer for Deer."

Deer, like other prey animals, almost always travel in groups. If you see one crossing the road, others are nearby. Often, deer travel in single file with considerable space between animals. Know that they might not be traveling in the same direction.

Deer are most active around sunrise and sunset, but are also on the move all night long. The exception is during the fall mating season, which is either in October or November depending on your location and runs through January. Receptive does are constantly pursued by lustful bucks and neither is paying much attention to anything else. In early spring, look for deer browsing alongside roads in newly green grass.

If you see one or two whitish reflective dots in the darkness alongside the road, expect a deer or several deer in the road. A deer's eyes are often perceived to reflect white, silvery light, but they can also reflect faint tints of green, blue or yellow. Deer see motion very well but have poor depth perception, which may be why they jump out in front of cars.

Load their eyes with bright headlights and they're blind - and scared. They’re likely to do anything. That might work very well for deer when they're attempting to avoid mountain lions, but it's not so good for escaping a rapidly approaching sun-eyed steel predator.

Be aware of the following facts about deer collisions. Deer aren’t just on rural highways or near wooded areas. They can be on busy interstates as well as busy highways near the city. Deer often move in groups, should you see one; chances are there are more around. Deer are extremely unpredictable; they will often dart into traffic. Once a deer sees a vehicle heading at them at a high velocity, they often freeze making a collision all but inevitable. 

October and November are considered the peak months for deer accidents, so be extra careful and alert when driving on roadways during these months. As I mentioned, the highest risk times for deer collisions are between sunset and midnight, as well shortly before and after sunrise. 

Use your high beam lights when not faced with oncoming traffic. This will help spot deer near the side of the road. It will not frighten them, so do not use high-beams to deter deer to identify them. It is also beneficial to have a second set of eyes in the passenger seat keeping an eye out for deer on the road. 

Break firmly when you notice a deer in or near your path. Numerous serious crashes can occur when drivers swerve to avoid a deer and instead hit another vehicle, or lose control of theirs. It is actually safe to hit the deer head-on rather than swerving into the ditch and risking a roll-over. 

Should you strike a deer, and are uncertain whether the dear is alive or not, keep your distance. These deer are injured, wild animals with sharp hooves. They can inflict serious injury. After an accident with a deer happens, call the local sheriff or 911 to report the accident.

GEICO offers the following advice:

Preventive Techniques

Encountering a Deer

Knowing what to do when you encounter a large animal on or near the roadway can be a life-saver. Keeping calm and driving smart improve your chances of avoiding a collision and staying safe on the road. Safe travels!

As a Mom (October 12, 2009)

There’s a great web site at asamom.ning.org. It’s a sisterhood of mommy patriots. A network of principled mothers, grandmothers, daughters, & guardians of our nation's children dedicated to the 9 Principles & 12 Values:

The Nine Principles
1. America is good.
2. I believe in God and He is the Center of my Life.
3. I must always try to be a more honest person than I was yesterday.
4. The family is sacred. My spouse and I are the ultimate authority, not the government.
5. If you break the law you pay the penalty. Justice is blind and no one is above it.
6. I have a right to life, liberty and pursuit of happiness, but there is no guarantee of equal results.
7. I work hard for what I have and I will share it with who I want to. Government cannot force me to be charitable.
8. It is not un-American for me to disagree with authority or to share my personal opinion.
9. The government works for me. I do not answer to them, they answer to me.

The Twelve Values
1-Honesty
2-Reverence
3-Hope
4-Thrift
5-Humility
6-Charity
7-Sincerity 8-Moderation
9-Hard Work
10-Courage
11-Personal Responsibility
12-Gratitude

Check it out: asamom.ning.org

2010 Census Cautions (September 28, 2009)

Be cautious about giving info to census workers. With the U.S.  Census process beginning, the Better Business Bureau (BBB) advises people to be cooperative, but cautious, so as not to become a victim of fraud or identity theft. 

The first phase of the 2010 U.S.Census is under way as workers have begun verifying the addresses of households across the country. Eventually, more than 140,000 U.S. Census workers will count every person in the United States and will gather information about every person living at each address including name, age, gender, race, and other relevant data.  The big question is - how do you tell the difference between a U.S. Census worker and a con artist?

BBB offers the following advice:

** If a U.S. Census worker knocks on your door; they will have a badge, a handheld device, a Census Bureau canvas bag, and a confidentiality notice.  Ask to see their identification and their badge before answering their questions.  And NEVER invite anyone you don't know into your home.

** Census workers are currently only knocking on doors to verify address information.  Do not give your Social Security number, credit card or banking information to anyone, even if they claim they need it for the U.S. Census.  While the Census Bureau might ask for basic financial information, such as a salary range, it will not ask for Social Security, bank account, or credit card numbers nor will employees solicit donations.

Eventually, Census workers may contact you by telephone, mail, or in person at home.  However, they will not contact you by Email, so be on the lookout for Email scams impersonating the Census.  Never click on a link or open any attachments in an Email that are supposedly from the U.S. Census Bureau.

For more advice on avoiding identity theft and fraud, visit www.bbb.org  

Honor our Veterans – They Honored U.S. 

Granite Shoals Plans Mammoth Veterans Celebration

What’s fast becoming the largest veterans’ celebration in the hill country; the City of Granite Shoals will once again host the highly acclaimed, Annual Veterans Parade and Celebration. Everyone in and around the surrounding community is invited to participate in the November 7, 2009, event.

The theme this year is “Honor Our Veterans – They Honored U.S.”

This is a wonderful opportunity for the community to honor your Veterans and show their gratitude to all those who have so bravely served this great nation.

The city will again be honored by the participation of the 1^st Cavalry Horse detachment from Ft. Hood. They are a sight to behold in full regalia, including a covered wagon drawn with real army mules. The First Cavalry Division, Horse Cavalry Detachment, the last horse mounted cavalry unit in the United States Army, brings to life the spirit of the cavalry by its transformation into a unit from the proud heritage of the United States Cavalry.

The 4^th annual parade will begin at 11:00 a.m. beginning at the corner of Phillips Ranch Rd. and Bluebriar and will run south along Phillips Ranch Rd. to the Granite Shoals Veterans Memorial Park where the fun filled activities of the day will take place. Be early to get a good spot to line-up or to watch.

Leading off the parade and carrying the colors will be the Highland Lakes Honor Guard, a composite of war veterans certified by the Department of Defense as Authorized Providers to provide military funeral honors.

The Grand Marshall is Dennis Martin, a Viet Nam veteran who retired from the United States Marine Corps as a Sergeant Major and recipient of the Bronze Star and three purple hearts.

A very entertaining program will follow the parade. The keynote speaker for the event is the highly decorated William J. Gainey, the first Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff (SEAC), a   position established to advise the Chairman on matters of professional development of enlisted personnel for a joint environment. He retired April 25, 2008 after 33 years of service with the rank of Command Sergeant Major.

The City has reached out beyond Burnet County to the Texas Hill Country to include; Blanco, Burnet, Lampasas, Llano, Mason and San Saba Counties and invited all to bring their area Veterans on floats, as well as their marching bands, school children, scouts, “kings and queens”, horse drawn carriages, mounted posses, etc. All non-profit organizations, cities and county officials, and all other patriots who wish to participate have been encouraged to do so.

This year the City will be judging the floats for the most unique in each category. Judging will be at the park following the parade.

Funds are raised for this event through the sale of t-shirts and a benefit BBQ served at the park.  So whether you are a parade participant or a patriot observer bring your flags and enjoy an inspiring day.

Swine Flu No More Dangerous Than Seasonal Flu (September 14, 2009)

According to my sources – and I trust them more than the government’s - there's no reason for panic over the H1N1 or swine flu virus. The swine flu is not only much less deadly than many health organizations would have the public believe, it actually is no more dangerous than seasonal flu, according to noted neurosurgeon Dr. Russell Blaylock and author of the Blaylock Wellness Report.

In the light of dire predictions by the World Health Organization (WHO) and the Centers for Disease Control (CDC), sixty of the world's leading virologists were questioned about the swine flu pandemic. "According to the people who know the most about this virus — not the WHO and CDC who are both heavily funded by the pharmaceutical makers of vaccine — the virus appears to be relatively mild. Deaths are extremely low for a worldwide virus," says Dr. Blaylock.

"We've heard that the virus could suddenly become a mass killer when winter arrives, but virologists disagree. They point out that the southern hemisphere is in the middle of winter and there has been no dramatic rise in death rates. And when asked if they thought the virus would mutate to a 1918-style killer, none said it was extremely likely and over half said it was unlikely."

And would the virologists and their families be first in line to take the new swine flu vaccine? When asked what they would do to avoid swine flu, "They didn't even mention the vaccine," says Blaylock. "They said they would just hunker down and get through the flu season like any flu season, taking ordinary precautions like avoiding crowds."

The H1N1 vaccine is much more likely to be dangerous than the swine flu itself, says Dr. Blaylock. "The vaccine has a lot of complications," he says. "Research trials on the swine flu vaccine have been done without any additives called immune adjuvants. This is exactly what was done in 1976. They tested one vaccine and gave a different one. As a result, 500 people were paralyzed and almost 300 died. There were probably many other deaths and cases of paralysis that were not reported. I think the vaccine will cause many more problems than the flu itself."

In a  Newsmax interview, Dr. Blaylock was asked if the vaccine could cause autism. "Not from a single vaccine," he says, "but when you add this vaccine on top of the other regularly scheduled vaccines children are given, what is particularly dangerous for the brain is they are giving three flu vaccines within 21 days. That is very dangerous to the developing brain, especially if they add the MF-59 adjuvant. MF-59 contains squalene, which is strongly connected with immune disorders."

"The literature we're seeing connected with this vaccine indicates that it could not only produce an increase in autism but also an increase in seizures, paralysis and autoimmune diseases."

Most of the deaths from swine flu, which have been small in number despite predictions, have occurred in vulnerable areas of the population.

"Most of the people who are dying have multiple, chronic diseases not directly related to the virus," Dr. Blaylock says. "To people with a normal immune system, it's a very mild disease."

I may or may not get a flue shot this year but if I do, I certainly won’t take one containing the H1N1 vaccine.

The Lone Star Challenge (September 14, 2009)

Photo, left to right – Elizabeth Sanders, Andrea Benavides, Edwina Crain, Nancy Hawkins, Sharon Choate, Sara Holland, Jackie Faircloth – staff members who took the LoneStart Challenge

132 staff members of Llano Memorial Healthcare System signed up for the LoneStart Wellness Initiative in early June and recently completed a 63-day challenge with an overall 976.8 pounds lost.  The Llano County Hospital Authority Board heard about the success of the wellness initiative at their monthly board meeting last week and was also treated to a visual representation with 7 participants carrying an 81 foot red ribbon through the board room.  According to Kevin Leeper, LMHS CEO, “each inch of ribbon represented a pound lost.” 

“The LoneStart program promotes what LMHS is all about—taking a proactive approach to health and wellness, Leeper said, “It’s about much more than just losing weight or exercising, it’s about our organization and our people making a permanent change in lifestyle and our own commitment to lasting, long-term health and wellness.” 

The LoneStart Wellness Initiative is a behavior-based program that provides participants with the opportunity, information, motivation and support to achieve their healthy lifestyle goals, to overcome the inertia of inactivity, make better dietary choices and take charge of their personal health.  While most LoneStart participants are motivated to lose weight, this is much more than a diet or weight loss program. It is the first step to long-term, sustainable health and wellness. The Initiative focuses on how fundamental changes in dietary choices and level of physical activity can produce real and perceptible improvements in health, energy levels, sense of wellness and appearance.

A Look into the Llano County Attorney Dispute – Part 4 (September 7, 2009)

Based on the feedback I’ve received concerning this series of articles, for many Llano County citizens it has come as a surprise that the County Attorney, and now Assistant County Attorney, may use county facilities, equipment, telephones, supplies and even staff to engage in a private law office. I’ve tried to explain the rationale behind the Commissioners Court granting them permission to do so as best I can without expressing my personal views as to whether I agree with their decision.

My concern is based on whether engaging in the private practice of law and using county facilities in which to do so is affecting the county attorney’s ability to do the job for which she was elected. My secondary concern is what controls, if any, the Commissioners Court has in place to assure that the privileged is not being abused by either the county or assistant county attorney.

Here are some of my specific concerns:

·        Is there a conflict of interest in having the county attorney draft the very same resolution regarding her use of county facilities for private law practice? Shouldn’t the resolution have been drafted by an outside legal firm representing the county’s interests and not the county attorney’s?

·        Why wasn’t there an opportunity given for public input regarding the use of county facilities? The public elects the county and assistant county attorney and pays their salaries and other compensation through the taxes they pay; shouldn’t they have a chance to comment on the action before it was taken?

·        Is there an impropriety in allowing the county attorney to hire a strong political supporter in her last campaign for re-election as her assistant?

·        What other case matters are not being processed in a timely fashion, if at all? E.g. are all appeals taken from the justice of the peace courts which are entitled to a trial de novo being docketed? Or are the cases on appeal not being filed or removed from the docket and no disposition of them is made public? Doesn’t such a practice deny the public’s right to know what cases are being dismissed and why?

·        How is the separation of private from public practice being maintained and verified? By daily time sheets or otherwise?

·        How is the value of the use of county facilities, fax machines, printers, telephones, computers, cell phone, secretaries, clerks, etc. for private practice use being determined?

·        What performance guidelines are in place setting forth objectives, goals and periodic reviews as a condition of continued use of county facilities for their private law practice?

·        What limits have been placed on the duration of the agreement the county has regarding the use of county facilities for private law practice for both attorneys? Is it indefinite? Is it reviewable annually? Etc.

·        Is the county engaging in a joint venture in the practice of law with either the county or assistant county attorney if they are giving them free use of county facilities in which to practice law?

·        Is the use of county facilities for non-county purposes a fringe benefit and need be reportable as wages? This would be the “in-kind” compensation referred to in one of my earlier articles on this subject.

·        Why are county employees being use to aid in the practice of the attorneys’ private law practice when the resolution makes no mention of staff use for this purpose being authorized?

·        What, if any, restrictions have been placed on who may be represented while serving as both a county attorney/employee and private law practitioner? How are potential conflicts of interest handled?

This is only a partial list of concerns I, and others have expressed to me. Unfortunately, no answers seem to be forthcoming from the Commissioners Court.

One further matter need be mentioned and it deals with what the status of the County Attorney under the Fair Labor Standards Act and Texas Labor Law. Both the county attorney and assistant county attorney are classified as “exempt” under these laws with regard to overtime payments. The county attorney is exempt both under an “executive” exemption as a department head and a “professional” exemption as an attorney. The assistant county attorney has a professional exemption. Both are on salary.

What that boils down to is that neither is restricted by wage and hour laws from working more than 8 hours a day or 40 hours a week. When I was a working as a corporate attorney, for example, a 60-hour work week was common and an occasional 80 hour work week was not unusual – whatever was necessary to get the job done.

I hope this series of articles has helped clear up some of the underlying issues concerning the county attorney and assistant county attorney, the heart of which is the excessive backlog of pending cases. As of this writing, many of these issues go unresolved.

As further developments occur, I’ll keep you posted with “The Rest of the Story.”

And remember Klee’s Law: “The Constitution only gives people the right to pursue happiness. You have to catch it yourself.” (Benjamin Franklin)

©2009 Harvey H. Klee

A Look into the Llano County Attorney Dispute – Part 3 (August 31, 2009)

In last week’s article, “A Look into the Llano County Attorney Dispute – Part 2,” I raised the question whether it is legally permissible for the Commissioners Court to allow an assistant county attorney the use of county facilities in which to carry on the private practice of law. Texas Government Code 41.011 provides:

“A district or county attorney who is not prohibited by law from engaging in the private practice of law may, at the discretion of the commissioners court of a particular county, conduct a private practice of law using the district or county office provided by that county for conducting his official duties.”

No Texas court has ruled on the question with regard to assistants but the statutory language is clearly limited to district and county attorneys and mentions no others.

Furthermore, district, county and assistant county attorneys are discouraged from engaging in the private practice of law in principle. It is mandated when they receive 80 percent or more of a benchmark salary.

Tex. Gov’t. Code Sec. 46.002 provides:

a. A state prosecutor may not engage in the private practice of law but may complete all civil cases that are not in conflict with the interest of any of the counties of the district in which the prosecutor serves and that are pending in court before the prosecutor takes office. (Emphasis added)

c. This section applies to a county prosecutor and any assistant of a prosecutor if, from all state and county funds received, the county prosecutor or assistant receives a salary that is equal to or more than 80 percent of the benchmark salary. (Emphasis added)

The “Benchmark salary” is “the salary that is provided for a district judge in the General Appropriations Act” and is currently $125,000. Since Ms Mabray and Ms Bayless receive less than $100,000, neither is subject to the Professional Prosecutors Act. Accordingly, they are not precluded from engaging in a private law practice while working as a county or assistant county attorney.

Several Texas Attorney General Opinions address the use of county facilities in which to conduct a private law practice. According to the Attorney General’s web site an Attorney General Opinion is advisory; it carries the weight and force of law unless or until it is modified or overruled by a statute, a judicial decision, or subsequent Attorney General Opinion. While an Attorney General Opinion is deemed to correctly state the law, the ultimate determination of a law's applicability, meaning or constitutionality is left to the courts.

In a 1993 Letter Opinion by the Office of the Texas Attorney General (93-51), for example, it was stated that a district or county attorney, at the discretion of the county commissioners court, can use the county’s facilities i.e. office space, secretaries and telephones, to practice private law under Sec. 41.011. The use of such space, personnel and utilities is considered part of the attorney’s compensation and no formal written agreement concerning same is required.

The Opinion further stated, however, that Sec 152.011 of the Local Government Code requires a commissioners court to “set the amount of the compensation, office and travel expense, and all other allowances for county…officers and employees, who are paid wholly from county funds.” (Emphasis added)

The issue as to whether a county commissioners court may, by informal agreement, approve the expenditure of county funds for the district or county attorney’s private office expenses was not addressed

In Letter Opinion 96-141, the Texas Attorney General reaffirmed its position that the commissioners court may compensate in-kind its county or district attorney with the use of office space, office equipment, telephones and staff with which to carry on their private law practice provided the county receives a reasonable return for the total compensation it provides the county attorney. (Emphasis added)

So it becomes clear that at least in the opinion of the Texas Attorney General, a county attorney may engage in the private practice of law and use county facilities, equipment and personnel to do so if they make less than 80 percent of the benchmark salary with the caveats above mentioned.

The value of such in-kind compensation need be determined and may be subject to federal income tax, in which case a Form 1099 need be given to the parties for tax purposes. I defer to the Commissioners Court to decide the appropriate legal course to take with regard to this.

That leaves the question whether the assistant county attorney may enjoy the same benefits under Section 41.011 as the county attorney?

In Texas Attorney General Letter Opinion 98-086 the specific question was asked and answered:

“Whether section 41.011 of the Government Code, which allows a county attorney, at the discretion of the commissioners court, to engage in the private practice of law from his or her official county office, would also allow the assistant county attorney to do the same.”

The Opinion concluded:

“A commissioners court as the principle governing body of a county, has the discretionary authority to permit an assistant county attorney to engage in the private practice of law from the official county attorney’s office.”

So for the time being, and so as not to run afoul of Local Government Code Sec. 152.011 and Article III, Sec. 52 of the Texas Constitution requiring the county to receive a reasonable return for the total compensation it provides the county and assistant county attorney for the private use of county facilities, it appears prudent that a written agreement be entered into more comprehensive that the simple resolution that was adopted in 2001 and readopted in essence in 2009 for the assistant county attorney.

Keep in mind, however, the Commissioners Court’s resolution did not allow for the use of county personnel for private law practice. See, August 10, 2009 article in this series.

I’ll have more to say on this subject in next week’s “A Look into the Llano County Attorney Dispute – Part 4.”

And remember Klee’s Law: "Everybody's for democracy in principle. It's only in practice that the thing gives rise to stiff objections." (Meg Greenfield)

©2009 Harvey H. Klee

A Look into the Llano County Attorney Dispute – Part 2 (August 24, 2009)

You may recall my mentioning in Part 1 of “A Look into the Llano County Attorney Dispute” that the county attorney is permitted by state to use county facilities in which to conduct a private law practice should the Commissioners Court approve. The purpose of the statute is to attract qualified attorneys to the office by enabling them to augment their income through private practice while receiving a salary from the county.

Such incentives are not always necessary, however. In the last election, for example, Ms. Mabray was challenged by Lyn Jenkins, a recently admitted member to the Texas bar who promised that her only practice would be Llano County Attorney if elected. Ms. Jenkins had 32 years experience as a supervisor and administrator with the Department of Corrections, Department of Labor, and Department of Protective Services. In other words, she wasn’t some kid fresh out of law school.

In Ms Mabray’s case, her annual base salary, exclusive of benefits, is $48,389. However, that is not the entire story as to her government-paid i.e. taxpayer paid, income.

Since 1979, the State of Texas has pursued a strategy to increase the professionalism of its prosecutors by encouraging the best lawyers to devote their careers to representing the State in both criminal and civil matters. The first piece of legislation along this line was the Professional Prosecutor Act which mandates elected district attorneys to forgo private law practice and focus on the work of the people by tying their salary to that of district judges i.e. if their salary is 80 percent or more of the benchmarked district judge’s rate. More about this in next week’s article.

This policy has been very successful – for instance, out of the 155 elected felony prosecutors in Texas, only 11 still have the option to maintain a private practice, and that number was reduced to seven during a recent legislative session.

The second strategy adopted by the legislature was to apply the same principle to county attorneys. A County Attorney Supplement, which was enacted in 1999 to provide State support for the 174 county attorneys who do work on the State’s behalf. This supplement, again using a formula based on a district judge’s salary, has provided a significant income boost to elected county attorneys.

Under the County Attorney Supplement for example, I understand that Ms Mabray receives $20,834 annually from the state, bringing her combined income to $70,223, exclusive of what the county pays for her benefits. Again, receipt of these additional monies by way of a state supplement is for the express purpose of encouraging county attorneys to forgo private practice and devote their time, effort and energy to representing the county exclusively. If the county attorney’s salary is less than 80 percent of the benchmark rate, she is not required to forego having a private law practice.

As indicated above, most district and county attorneys in the State of Texas no longer maintain a private law practice in addition to their official duties. Ms Mabray, however, has not given up her private law practice which she is free to do under the law because of her making less than the benchmark salary.

The Commissioners Court also encourages Ms Mabray to continue with her private law practice i.e. by permitting her the use of county facilities in which to do so. That brings forth the question whether the Court has the right to complain about 826 backlogged or pending cases when they themselves are contributing to the problem. Incidentally, the case backlog was about 710 when Ms Jenkins ran against Ms Mabray last year. The accumulation of pending cases appears to be getting worse, not better.

The Commissioners Court has now agreed to hire a part-time assistant county attorney at an annual salary of $41,450 that will enable Ms. Mabray to continue her private law practice and use county facilities, equipment and personnel to do so. They have permitted Ms. Bayless to do the same with respect to her private law practice. Incidentally, Ms Bayless is one of several local attorneys who supported Ms. Mabray by endorsing her candidacy in the last county attorney election.

The salary for the part-time assistant attorney may also be implemented with state supplements under the Assistant Prosecutor Longevity Pay Act but since the amount of supplemental state money for assistants is based on seniority in office, it may not have any immediate affect on Bayless’s income.

Permitting an assistant county attorney to carry on a private law practice outside of county facilities is one thing, allowing her to use county facilities in which to do so, is another. One is the propriety of such an arrangement and the other is its legality.

Government Code Section 41.011 provides: “A district or county attorney who is not prohibited by law from engaging in the private practice of law may, at the discretion of the commissioners court of a particular county, conduct a private practice of law using the district or county office provided by that county for conducting his official duties.”

An assistant county attorney is not a district or county attorney. Nowhere does the statute permit the use of county facilities in which to carry on a private law practice by assistant county attorneys.

I’ll have more to say about the legality of a commissioners court’s approval of an assistant county attorney’s use of county facilities, equipment and personnel with which to conduct a private law practice next week.

And remember Klee’s Law:  “A politician’s reputation is insignificant in the grand scheme of things, but if a society claims to be one based on law, then its justice system is only as good as the confidence in it.” (Austin American-Statesman August 17, 2009 Editorial Opinion)

©2009 Harvey H. Klee

A Look into the Llano County Attorney Dispute – Part 1 (August 17, 2009)

Should the county employ a part-time assistant to help a part-time county attorney with an 826 case backlog? That’s the question posed by many citizens regarding the recent hiring of attorney Linda Bayless as a part-time assistant to County Attorney Cheryll Mabray.

At a recent Commissioners Court meeting, this question was brought up. I understand the discussion that ensued got a bit heated so let’s back up a little and review some of the background to have a more clear-headed understanding of the situation.

It has been argued that rural counties, with generally low populations and low revenues, are unable to pay enough to attract qualified attorneys to run for the office of county attorney. As an enticement, the legislature passed a statute in 1987, Government Code Section 41.011, permitting commissioners courts to authorize county and district attorneys, not otherwise prohibited by law from engaging in private practice, to “conduct a private practice of law using the district or county office provided by that county for conducting his official duties.” The authorization is discretionary with the court. The court may set the terms and conditions regarding the use of the county’s facilities for such private law practice.

The idea is to permit a county attorney aspirant to supplement their income as county attorneys by allowing them to have a private law practice on the side. While not being prohibited by law from engaging in the private practice of law per se, one would assume primary responsibility would be devoted to the county, including the performance of duties incumbent to one’s official position as county attorney – at least, that was the Llano Commissioners Court’s assumption 8 years ago as noted below.

Allowing the county attorney the use of county facilities for their private law practice appears to be a win-win situation, at least to a certain extent i.e. the county attorney can bolster their county income with their private client base and continue with their representation, and the county has the county attorney readily and conveniently available for consultation giving the county priority on all of its business.

Accordingly, on October 25, 2001, the Llano County Commissioners Court gave permission to Cheryll Mabray to engage in a private law practice using county facilities while serving as County Attorney. The resolution provided, inter alia, that:

1.     Ms Mabray could conduct her private practice in the county office provided for conducting her official duties, and that;

2.     Said practice could include the incidental and limited use of County property and/or equipment (primarily computers, office furniture, law books, telephone and other equipment) provided that an accurate accounting for expenses other than incidental use is kept and a proper reimbursement therefore is made;

The resolution also provided that permission to allow the private practice of law in the courthouse offices was conditioned: “to the extent such practice does not interfere with said elected official’s duties of office.” Emphasis added.

As of May 31, 2009, Ms Mabray had a backlog of 826 cases. The majority of the cases involved “Theft or Worthless Checks” followed by “Driving While Intoxicated or Driving Under the Influence.” The remainder of the backlogged cases involved drug offenses, assaults, traffic violations and other criminal matters.

Backlogged cases adversely affect everyone: the defendants’ right to a speedy trial, the general community’s continued exposure to those having been arrested for drug use and drug related matters, drunk drivers, assaulters, scam artists, etc. if left out on bail, and to the county for increased prisoner costs and the delay in the receipt of needed revenues from those who break the law and are incarcerated awaiting trial.

In order to clear an excessive backlog of cases, defendants are sometimes given the option to plead guilty with a penalty of “time served” while in jail or trial with no fixed date and indefinite continuance of their incarceration. Whether guilty or innocent, they’ll often plead guilty just to get out of jail and on with their lives. Justice isn’t being served in these instances.

In light of the above, it appears that Ms Mabray’s private practice activities, and perhaps her other non-county law related activities as well, may be interfering with her primary obligation to the county i.e. by allowing the accumulation of 826 backlogged cases to occur and stepping on individual rights and the best interests of the community in the process.

For what amounts to part-time positions, the county attorney and assistant county attorney’s salaries seem excessive. The county attorney is currently paid $48,389 in annual base salary i.e. exclusive of benefits. I also understand she also receives $21,834 from a state program to supplement her income, for a total annual base salary of $70,223.

The Commissioners Court has authorized $41,450 in annual base salary, but without benefits, to Linda Bayless, the newly hired assistant county attorney, and entered into essentially the same agreement with her with respect to using county facilities in which to conduct her private law practice. That adds up to a total base salary package of $111,673 for the two. In addition, $108,405 has been budgeted for the total clerical staff currently consisting of four clerks. With the hiring of an additional attorney, an additional clerk may be necessary.

From my perspective, keeping the county attorney’s status quo and adding an assistant county attorney is not fiscally responsible, efficacious or even legal under the terms agreed upon.

The Commissioners Court has several better options to handle the backlog issue e.g.

·        Make the County Attorney job a full-time position with commensurate compensation;

·        Terminate using county facilities to conduct the private practice of law, or;

·        Employ a temporary attorney to work exclusively on reducing the backlog and terminate their services when that is accomplished.

Each of these will be discussed in future articles as well as why I disagree with the Commissioners Court’s decision.

And remember Klee’s Law: “They say that people mellow with age. However, the older I get, the less patience I have with cleverness” (Thomas Sowell)

©2009 Harvey H. Klee

LMHS Takes on the H1N1 Flue (September 7, 2009)

As we turn the page on the calendar to September, it is time to think about the best ways to prepare oneself for the upcoming flu season. According to Linda Meredith, Chief Operating Officer of Llano Memorial Healthcare System and its Infection Control Officer, “Seasonal flu is always an issue in the fall and winter months that healthcare providers prepare for.  This year though, we a preparing to deal with the results of not only seasonal flu but also the possibility we will see cases of the novel H1N1 virus.”     She added “one of the most important tasks in addition to offering vaccinations for seasonal flu is public education about the flu virus, its symptoms, and precautions to protect one’s health.  And, as many of us have already heard a vaccine for the novel H1N1 virus is expected to be released but later in the fall.  When that vaccine is released there will be very specific guidelines regarding who should be vaccinated.” 

The respiratory virus that is currently circulating in the United States is passed from person to person without contact with pigs. The name now being used is novel H1N1 flu. Novel H1N1 flu is a respiratory illness thought to spread in the same way that seasonal flu is spread, which is through people infected with the virus that are coughing or sneezing. It can be spread by touching something with flu viruses on it, such as a tissue or a door knob, and then touching your mouth, eyes, or nose.

There are everyday actions that can prevent the spread of germs that cause respiratory illnesses like influenza that are effective both for seasonal flu and the novel H1N1.  Take these everyday steps to protect your health:  
            1.  Cover your nose and mouth with a tissue when you cough or sneeze. Throw
                 the   tissue in the trash after you use it.
            2.  Wash your hands often with soap and water, especially after you cough or
                 sneeze.  Alcohol-based hand cleaners are also effective.
            3.  Avoid touching your eyes, nose or mouth. Germs spread this way.
            4.  Try to avoid close contact with sick people. 
            5.  Stay home if you are sick for 7 days after your symptoms begin or until you
                 have been symptom-free for 24 hours, whichever is longer. This is to keep   
                 from infecting others and spreading the virus further.

Meredith said, “Llano Memorial will continue to provide information to the community over the next several weeks as we move closer into the flu season.”  For more information on seasonal flu and novel H1N1 flu, click on www.texasflu.org

or www.flu.gov. 

Llano Tax Revenue v Health Risk (August 17, 2009)

The Llano County Commissioners Court is debating whether to approve the construction of power lines through the county to carry electricity from wind farms in west Texas to cities along I-35 and eastward. At this juncture, they seem opposed to the idea and are considering passing an ordinance to that effect. Aside from wind farms being a poor return on investment, dangerous to wildlife and ugly as sin, there are other reasons why the power lines should not pass through the county - particularly if they originate from wind farms near the county.

As recently reported in the Daily Mail Reporter, new research from a top American doctor says living near wind farms could damage your health

Living too close to wind turbines can cause heart disease, tinnitus, vertigo, panic attacks, migraines and sleep deprivation, according to new research by a leading American doctor.

Dr Nina Pierpont, a top New York pediatrician, has been studying the effects of living near wind turbines in the UK, US, Canada, Ireland and Italy for more than five years.

She has identified a new health risk - wind turbine syndrome (WTS) - causing a wide range of problems ranging from internal pulsation, quivering, nervousness, fear, chest tightness and tachycardia – increased heart rate.

Turbine noise can also cause nightmares and other disorders in children as well as harm development in the young, she claims, but points out that not all people living near turbines are at a high risk of developing problems.

Dr Pierpont's studies indicate that humans are affected by low-frequency noise and vibrations from wind turbines through their ear bones, similar to fish and other amphibians.

'It has been gospel among acousticians for years that if a person can't hear a sound, it's too weak for it to be detected or registered by any other part of the body,' she said. 'But this is no longer true. Humans can hear through the bones. This is amazing. It would be heretical if it hadn't been shown in a well-conducted experiment.'

In the UK, Dr Christopher Hanning, founder of the British Sleep Society, who has also backed her research, said: 'Dr Pierpont's detailed recording of the harm caused by wind turbine noise will lay firm foundations for future research. It should be required reading for all planners considering wind farms.

Dr Nina Pierpont believes for some living near wind farms can cause quivering, nervousness and fear

'Like so many earlier medical pioneers exposing the weaknesses of current orthodoxy, Dr Pierpont has been subject to much denigration and criticism and ... it is tribute to her strength of character and conviction that this important book is going to reach publication,' he added.

Until now, the Government and the wind companies have rejected any health risks associated with the powerful noises and vibrations from wind turbines. They have argued that claims by Dr Pierpont are "imaginary" and are likely to argue against her latest findings.

The American added that the wind turbine companies constantly argue that the health problems are "imaginary, psychosomatic or malingering". But she said their claims are "rubbish" and that medical evidence supports that the reported symptoms are real.

'The wind industry will try to discredit me and disparage me, but I can cope with that, she added. 'This is not unlike the tobacco industry dismissing health issues from smoking. The wind industry, however, is not composed of clinicians, nor is it made up of people suffering from wind turbines.'

Lord May, the former chief scientific adviser to the UK government, describes her research as "impressive, interesting and important".

Should the County decide against the transmission lines, they could make up the projected lost revenue by moving the 2^nd Precinct offices back to their prior location and not build brand new facilities for the precinct as is now being contemplated.

Evaluate Your Representatives – August 3, 2009 Update

H. Res. 615 – A House Resolution that representatives forgo their right to participate in the Federal Employees Health Benefits Program and agree to enroll under the same public option that they are forcing upon everyone else.

Status: Currently there are 61 co-sponsors, none of whom are Democrats. Local Republicans that have co-sponsored the Resolution are:

Michael KI. Conaway – District 11

John R. Carter – District 31

Lamar Smith – District 21

Sonia Sotomayor Nominartion:

The Senate Judiciary Committee on Tuesday voted 13-6 in favor of Sonia Sotomayor, with just one Republican, Sen. Lindsey Graham of South Carolina, joining Democrats to support. Her nomination now goes to the full Senate for vote.

Sen. John Cornyn, who serves on the Committee, said in voting against her nomination, “Some of her decisions demonstrated the kind of results-oriented decision-making, one that suggests perhaps a liberal judicial activism that has too often steered the court in the wrong direction over the last years.”

Kingsland Gets New Ambulance (August 3, 2009)

Group (left to right)  Front Row – Cristy Knapp, EMS Director, Phyllis Farr Alexander, Foundation President, Pat Donahy, Foundation Director; Middle Row – Mike Jenkins, LCHA Board President, Diane Willmann, Foundation Director, Kevin Leeper, LMHS CEO, Morrison Smith, Foundation Director; Back Row - Lee Jordan,  Christie Morton, EMS, Brian Schuchardt, and Bart Baccus all of EMS

The newest addition to the Llano County EMS fleet arrived last week was placed into service on Friday, July 24^th.  The ambulance, which was purchased with funds provided  by the Llano Memorial Healthcare System Foundation, will be stationed in Kingsland.  According to Cristy Knapp, Llano County EMS Director, “Last fiscal year, Unit 3 in Kingsland accounted for more than half the EMS call and run volume.”  Llano County EMS provides coverage for a 937 square mile geographic area in addition to providing support to outlying communities.  

Joe Mantheiy, MD, EMS Medical Director and members of the LMHS Foundation had an opportunity to see the unit and actually step inside Friday morning.  Phyllis Farr Alexander, President of the Foundation remarked, “Being inside an ambulance on this type of occasion is much more pleasant than seeing the inside for the first time as a patient.”  She was proud the Foundation, whose sole purpose to raise funds in support of the health system, was able to fund the entire purchase which was in excess of $110K using proceeds from the annual Mardi Gras Ball for the last two years.

Alexander also expressed appreciation to the community which supports the Foundation’s endeavors and to the members of the Foundation Board of Directors for their dedication.  In recent years, the Foundation funded the construction of the canopy at the main entrance of the hospital, assisted with upgrading radiology equipment, expanding the ER, and the aiding in the purchase of a new telemetry monitoring system as well as automated vital sign and obstetric monitoring equipment.  “The work of our Foundation in providing additional funds to purchase new equipment, upgrade technology and renovate our facility is vital.  Every donation is greatly appreciated and helps to sustain our healthcare system.  Each and every dollar makes a difference.”

For more information or to make a donation, contact the LMHS Foundation at 325 247-7824.

Evaluate Your Congressional Representatives (July 27, 2009)

The ultimate political weapon the average American citizen has is the right to vote – to keep in office those whose political ideology comes closest to your own and vote out of office those whose political ideology substantially differs from your own. There are several bills before congress that will be voted upon in the near future as well as a Supreme Court nomination to be voted upon. Here’s a chance to see whether your elected official’s rhetoric matches their commitment to conservative principles.

Your local elected officials at the federal level are as follows. All are Republicans:

Sen. John Cornyn

Sen. Kay Bailey Hutchison

Rep. Michael Conaway,  District 11 (Odessa, Midland, San Angelo, Llano, Burnet)

Rep. Lamar Smith, District 21 (Kerrville, Boerne)

Rep. John Carter, District 31 (Georgetown, Killeen, Temple, Round Rock)

Future articles will describe generally the bill to be voted upon, whether I support or oppose the bill and why and how Texas congressional representatives voted on the bill. In the interest of complete foreclosure, my views are decidedly constitutionalist, conservative and libertarian – in that order and non-capitalized. So here goes:

S. 909 Matthew Shepherd Hate Crimes Bill

Purpose: Increases penalties for certain crimes committed against certain people, particularly based on sexual orientation

Position: OPPOSE

Reasons:

Should not be snuck into a Defense spending bill Endangers freedom of speech and religion Presents problems with double jeopardy Violates the equal protection clause of the Fourteenth Amendment by singling out certain groups of citizens to the exclusion of others

Status: Included as an amendment to a Defense Spending Bill late last week

Nomination of Sonia Sotomayor to the United States Supreme Court

Position: OPPOSE

Reasons:

Sotomayor has made public statements and issued rulings that indicate: Lack of respect for the right to bear arms; Racial and gender bias; Lack of respect for property rights; Has indicated "empathy" is a higher priority than following the law.

Further: Made a statement that appellate court judges make law; Her testimony last week has troubling contradictions in contrast to her writings and the facts of her life; During hear testimony before the Senate Judiciary Committee, she showed a surprising lack of technical legal knowledge during some questioning, particularly in an interchange with Senator Hatch; Has had a high rate of judicial error - 40%+ (her rulings were overturned); Supports abortion through her statement that Roe v. Wade is settled law

Principles:

We should oppose those who are not clearly strict constructionists; Supporters of the Constitution in the Senate need to start showing themselves; Members of the Senate need to put the President on notice regarding this and future nominees to the Court

Status: Conclusion of the hearings process, no clear date available regarding full Senate floor vote.

 "Health Care Reform" / Socialized Medicine Several versions exist Was H.R. 676 now, H.R. 3200 (see summary article, linked)

Stated Purpose: To make affordable health care available to all

Position: OPPOSE

Reasons: Puts government in charge of health care decisions; Will implement rationing, meaning government will ultimately decide who suffers or not, who lives or dies; Will kill private health insurance; Will drive talent and innovation out of the health care industry, leading to a reduced quality of care; Will kill small businesses, particularly if certain versions pass.

Anyone who states this will not lead to a single payer only (government!) is outright lying. There is ample evidence that supporters want government to be totally in charge of health care.

Status: Unclear at this time. There are mixed messages from the White House and Congress. The President seemed to be continuing to push Congress to pass as quickly as possible despite the recent CBO report. Again, since there has been much "ducking and weaving" that has occurred, we must not let up on our opposition.

The PASS Act H.R. 1291

Stated Purpose: To better protect the security, confidentiality, and integrity of personally identifiable information collected by States when issuing driver’s licenses and identification documents, and for other purposes.

Position: OPPOSE

Reasons: This is yet another stealth bill, being "sold" as an improvement to "Real ID", which has been very controversial. Passage of this bill means a NATIONAL Identity Card Contains Biometric data like facial recognition technology. Real ID has always been sold as a way to "make us safer."

Many states have outright refused to comply, that is the reason for this latest maneuver, "to improve privacy."

Status: Currently in committee in the Senate; the next opportunity for revisions is July 29.

HR 2454 (2998) American Clean Energy and Security Act - Cap & Trade

Stated purpose: Reduce carbon emissions, achieve energy independence

Position: OPPOSE

Reasons: Basic premise is entirely flawed, based on faulty / controversial science; Is about control, not "protecting the environment." Violates the Tenth and Fourth Amendments in many respects through encroachment on states' rights and required inspections. Will devastate America's economy through regulations and taxes imposed on businesses, causing increased costs for energy; Will touch most aspects of our daily lives from the cars we drive to the appliances in our homes

Status: Passed by the House of Representatives on June 26, 2009. Currently in the Senate Committee on the Environment and Public Works (EPW); Committee Chair Barb Boxer (D-CA) released a statement last week that this bill will not come up for a vote until after Congress' August Recess. Despite Sen. Boxer's statement, it is important to stay on this issue!

Klee Appointed to Veterans Celebration Advisory Group (July 20, 2009)

June 9, 2009 the City of Granite Shoals passed an ordinance establishing a five-member Veterans Celebration Advisory Group for the purpose of conducting an annual veterans’ celebration. The Granite Shoals City Council in so doing recognized the importance of recognizing the military of the United States of America.

Those appointed and serving an indefinite period and at the discretion of the City Council are:

Toni G. King, Chairperson; representing Granite Shoals

Barbara Ramirez, Vice Chairperson; Assistant Parade Master; USAF veteran, representing Granite Shoals

Keith Powell, Treasurer/Secretary; Principal, Highland Lakes Elementary School; representing the Marble Falls Independent School District

Chuck Caraway, USMC veteran, Burnet County Veterans Affairs Officer and Precinct 2 Constable, representing Burnet County

Harvey H. Klee, USN veteran, Chaplain: Highland Lakes Honor Guard, and life member in The American Legion and the VFW, representing Llano County

Merilyn Nations, Council Liaison, ex-officio representing the Granite Shoals City Council

The first meeting of the new Advisory Group was held at the Granite Shoals Community Center Thursday, July 16 whereat the above offices were elected.

The Granite Shoals Veterans Celebration will be held Saturday, November 7, 2009. More information will be posted concerning future planned events as they become known and agreed upon.

The Signers of the Declaration of Independence (July 20, 2009)

Five signers were captured by the British as traitors, and tortured before they died. Twelve had their homes ransacked and burned.  Two lost their sons serving in the Revolutionary Army; another had two sons captured. Nine of the 56 fought and died from wounds or hardships of the Revolutionary War.

They signed and they pledged their lives, their fortunes, and their sacred honor. What kind of men were they?

Twenty-four were lawyers and jurists. Eleven were merchants, nine were farmers and large plantation owners; men of means, well educated, but they signed the Declaration of Independence knowing full well that the penalty would be death if they were captured.

Carter Braxton of Virginia, a wealthy planter and trader, saw his ships swept from the seas by the British Navy. He sold his home and properties to pay his debts, and died in rags.

Thomas McKeam was so hounded by the British that he was forced to move his family almost constantly. He served in the Congress without pay, and his family was kept in hiding. His possessions were taken from him, and poverty was his reward.

Vandals or soldiers looted the properties of Dillery, Hall, Clymer, Walton, Gwinnett, Heyward, Ruttledge, and Middleton.

At the battle of Yorktown , Thomas Nelson, Jr., noted that the British General Cornwallis had taken over the Nelson home for his headquarters. He quietly urged General George Washington to open fire. The home was destroyed, and Nelson died bankrupt.

Francis Lewis had his home and properties destroyed. The enemy jailed his wife, and she died within a few months.

John Hart was driven from his wife's bedside as she was dying. Their 13 children fled for their lives. His fields and his gristmill were laid to waste. For more than a year he lived in forests and caves, returning home to find his wife dead and his children vanished.

So, take a few minutes while reflecting on this past Independence Day holiday and silently thank these patriots. It's not much to ask for the price they paid.

Remember: freedom is never free!

Stay-at-Home Mom Finds Her Calling in the Tea Party Movement (June 29, 2009)

Urges other ordinary Americans to help “Take Back America”

By: Heather Liggett

Elections have consequences as we all know. But the consequences of the 2008 elections have forced me to get involved, as I, like countless other Americans, can no longer sit in idle silence. 

I am a stay-at-home mother of two and wife of a small business owner. I see that allowing the current administration to trample on the freedoms and prosperity of our future generations is no longer acceptable.  Conservatives in Washington, D.C. are powerless to stop the tax-and-spend assault raging in Congress. It is up to Americans like me to stand in unison at Tea Parties across this nation to Take Back America. 

The current administration is wreaking havoc on our free markets and on the Constitution. Their policies must be stopped. Our children deserve to inherit the same opportunity to pursue life, liberty and happiness as all prior generations have had.

Looking at the trillions of dollars Obama plans to spend, I can’t help but remember the $4.3 billion loan Great Britain borrowed from the U.S. in 1945 to help rebuild their nation. It took more than 60 years to pay back that comparatively small amount of money. The money in these stimulus packages is going towards nonsense like honey bee insurance and research for swine that stink – hardly worthwhile excuses for enslaving our children to debt. 

Spending your way into prosperity is not only irresponsible, it is impossible to do. At some point the bill must be paid. Small business owners in Texas currently pay 50.3% in taxes, and this administration is looking to add more than a trillion dollars in new taxes. They also plan to let the Bush tax cuts expire. President Herbert Hoover raised taxes during a recession, and The Great Depression followed.  Now we have cap-and-trade, a 62 percent tax hike on cigarettes, a cell-phone tax, and a trillion-dollar public healthcare plan on the docket – middle-class America can’t afford Obama’s reign of taxes any longer.

I find it ironic that China, a communist country, has a zero-percent tax rate on investments, while Obama is in the process of raising the capital gains tax rate in the U.S. to 25 percent. History has placed America in this position before. Rather than learn from our mistakes, Obama is bound and determined to repeat them.  

Taxes and freedom are the reason for my involvement in the Tea Party movement.  Freedom is the root of success for this nation. It is the most desired aspect of American life, and at times it is a burden we carry. 

I grew up in the Middle East under the overzealous Mutawa in Saudi Arabia. It became clear that while America is revered for her freedom to those under oppressive rule, freedom is also what drives the oppressive leaders to try to destroy America. In Saudi Arabia, I went to school with children from 43 different countries, and I also traveled the globe. Only once in my six years abroad did I encounter an individual who didn’t like America. 

I have always been proud of this great country and her achievements. Those achievements must be preserved in order for future generations of Americans to continue spreading the wisdom and hope of democracy on which our founding fathers built this nation.

Heather Liggett is the co-organizer for the “Take Back America” Tea Party which takes place from 2-4 p.m. July 4 on the south steps of the Texas Capitol. For more information on the Tea Party, please visit www.austinreteaparty.com. To schedule an interview with Ms. Liggett, please call 512-282-9044.

City Sues Its Own Residents (June 29, 2009)

Let’s say that you are the mayor or council member of a small city and you want some money to spend “improving” your city. So, you put a couple of proposals on the ballot for bond money because surely the good voters will approve it. But the voters say, no, not gonna do that. What do you do? After all, you know what is best, right?

The Galveston Daily News is reporting that Friendswood’s city government is, in essence, suing its own residents.

The city has asked a Travis County judge to say it is legal for Friendswood to issue $11 million in debt without voter approval.

The city had planned to issue $11 million in certificates of obligation to fund roads, parks, an animal shelter and a records building, but some residents said the city charter prohibited the city from issuing certificates of obligation.

While bonds require voter approval, certificates of obligation do not.

The city charter was amended by voters in 1997 to prohibit the city from issuing debt without voter approval that it could not finance from its own revenue streams, except in cases of emergency or “urgent public need.”

The city attorney has said state law allows the cities to issue certificates of obligation and state law trumps the city charter.

Wow. Talk about sheer arrogance! The voters say no, you say to heck with that, I’ll find a judge to say yes! Unbelievable but there it is.

The charter restricts the council from issuing certificates of obligation because they were abused by prior councils. Looks like another amendment is needed to keep the Friendswood council from suing its citizens.

The mayor said that the city had filed this suit so the citizens voices could be heard in court! “If they want to hear us, why was Travis County selected as the venue instead of Galveston County? And why are they spending $50,000 in legal and court fees?” asked one resident.

From the Friendswood City Charter pertaining to recall elections:

Sec. 5.08. Power of recall.

   The qualified voters shall have the power to recall any elected

   official of the City on grounds of incompetency, noncompliance

   with this Charter, misconduct or malfeasance in office. Such

   power shall be exercised by filing with the City Secretary a

   petition, signed by currently qualified voters of the City equal

   in number to at least ten percent of the total number of

   qualified voters registered to vote at the last regular City

   Election, demanding the removal of such elected official. The

   petition shall be signed and verified in the manner required for

   an initiative petition.

The preceding was first published in an article written by David Jennings in the Lone Star Times.

How do the Charters of the Cities of Llano, Sunrise Beach Village and Horseshoe Bay read? Or the Llano ISD? Often these entities will issue certificates of deposit to avoid the necessity of voter approval to issue bonds, thereby taking the citizenry deeper into debt without voter approval – kinda like taxation without representation. It not only can happen here, it has happened here.

And remember Klee’s Law: “Give a man a fish and he will eat for a day. Teach him how to fish, and he will sit in a boat and drink beer all day.”

©2009 Harvey H. Klee

Index of Llano News articles for the past 6 months

To read a particular article, simply click on the title below

2010 Articles

2009 Articles