Archive for the ‘human interest’ Category
December 4, 2014
Pension Reform At The City Of Memphis
Finally the Memphis City Council has taken action to address our unfunded pension liability. Eight members decided that we needed reform and took decisive action to get this under control. The unions are not happy and will probably take this action to court in a lawsuit.
Mayor Wharton originally proposed that the City of Memphis go to a defined contribution system for all new employees and those unvested employees with less than 10 years of service. There were, of course, objections to including those unvested employees and later on a different proposal came out from the administration which was a cash balance plan. A cash balance plan needs some explanation and you can read about cash balance plans in the attached article.
In the City Council meeting it appeared that Myron Lowery’s plan which would include only new employees and would have the least savings for the City of Memphis would get the seven votes. However the City Council voted for the Hybrid cash balance plan (8 YES, 5 NO) and only those with more than 7.5 years of service would be covered under the old expensive defined benefit plan. Everyone else as of the start of the plan in 2016 would be under the new plan.
The impact on the unfunded liability of the approved plan in year one would be a savings of 6.8 million dollars and would reduce the unfunded liability in the first year by 60 million dollars. This is as compared to the Myron Lowery plan of zero savings the first year in dollars and unfunded liability reduction.
Again this is not the final decision and according to the commercial appeal this approval will be discussed again in committee in two weeks. Stay tuned. Attached are the Hybrid pension options.
In the midst of a terrible civil war, President Lincoln proclaimed a national holiday, Thanksgiving, urging gratitude amid civil war woes. Here is part of that proclamation.
The year that is drawing towards its close, has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added, which are of so extraordinary a nature, that they cannot fail to penetrate and soften even the heart which is habitually insensible to the ever watchful providence of Almighty God.
I do therefore invite my fellow citizens in every part of the United States, and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next, as a day of Thanksgiving and Praise to our beneficent Father who dwelleth in the Heavens. And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquillity and Union.
In testimony whereof, I have hereunto set my hand and caused the Seal of the United States to be affixed.
Done at the City of Washington, this Third day of October, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the Unites States the Eighty-eighth.
By the President: Abraham Lincoln
November 17, 2014
Transparency In The Private Sector
We have been treated to a lesson in arrogance in government with the revelations about MIT economics Professor Gruber concerning getting the Affordable Care Act (aka Obamacare) approved. Professor Gruber said that it was necessary to lie about the provisions of the act because the public was too stupid to understand what was good for them. This is the reason that full disclosure, transparency and open records are so vitally important.
But is transparency only important in the public sector where your tax dollars are being spent? What about the private sector?
My brother has a home in a development around a golf course in Ft. Collins, Colorado. He was aware of my interest in open records and the laws concerning access and he called me to ask about his situation. It seems that the government board of his housing association has consistently refused to give him access to financial information. I told him that he would need to research Colorado open records laws and he has hired a lawyer to assist in that effort. The board charges each homeowner for maintenance, repairs and upkeep but has failed to give details about contracts and details of expenditures. In other words, pay up and shut up.
Locally I have a friend who is an engineer and who plays in my duplicate bridge club. (By the way he is very bright and one of the best players). His name is Asan G. Tejwani. He has lived in Fountain Square Condominium, 1850 Poplar Woods Cir W, Germantown, TN 38138 since 1991. His email address is firstname.lastname@example.org.
He discussed with me his complaint about the lack of transparency of the Faith Management Company and the Board of Directors of the non profit condo association. I did some research about the Tennessee open records laws by contacting the State of Tennessee and was referred to the Tennessee Condo Act of 2008. One part of that lengthy document states as follows.
- 66-27-417. Association Records. The association shall keep financial
records sufficiently detailed to enable the association to comply with §§ 66-27-
502 and 66-27-503. All financial and other records shall be made reasonably
available for examination by any unit owner, the holder of any mortgage or deed
of trust encumbering a unit, and their respective authorized agents.
This seems to be the heart of Mr. Tejwani’s complaint and he puts his principles of human dealings in a most legitimate manner. They are as follows.
- Fiduciary responsibility.
- Due Diligence
I can’t disagree with those five principles. I am aware that there are two sides to every story. I would like to hear from other local condo and home owner associations as to their experience with boards and management concerning expenses and transparency and open records accountability. This is no nickel and dime operation as Mr. Tejwani is talking about an annual billing of $850,000 for his condo residents.
November 13, 2014
My brother and I ran a manufacturing business for some 40 years here in Memphis (Saino Manufacturing Company) and then we sold the business and retired and continued in my field of fire protection as a consultant. Then in 2004 I turned to local government interests and the issue of Transparency In Government.
I found that this was not only a national problem but also a state and local problem. Many politicians feel that they do not want the public to know the details of their motives and actions and therefore they make it purposely difficult to get the information. Look below at part of the Tennessee Open Records Law.
(2)(A) All state, county and municipal records shall, at all times during business hours, which for public hospitals shall be during the business hours of their administrative offices, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law.
Locally I have been refused access to the City of Memphis offices and old Memphis City School offices during business hours with the excuse that I do not have an appointment with a particular person. When I then tried to get an appointment with the person that I wanted to see, my phone calls and emails were not answered. This, according to the Tennessee State open records official, is a violation of state law.
Just to illustrate how important transparency in government is, look at the recent revelation of the creation of the Affordable Care Act. MIT Professor Jonathan Gruber, the Obamacare architect, said in 2013 that a lack of transparency and the stupidity of the American voter helped get the law through Congress. See the “too stupid” video clip. http://dailycaller.com/2014/11/11/yet-another-video-emerges-of-obamacare-architect-calling-americans-stupid-video/
It is time for all local governmental and educational entities to open all their legally open records in an easily accessible manner to the public that pays all the bills for these services. As a high official at the Shelby County Government Offices (the best of all local governmental agencies) told me on a recent phone call “We work for you, Mr. Saino, and the public”. What a great attitude.
October 19, 2014
The November 4th Ballot
The upcoming ballot is important from a national, state and local level. As usual I will tell you how I am going to vote and give you my reasons as succinctly as possible. You, of course, will vote as you see fit based on your own conscience and principles.
For Governor I am voting for Bill Haslam.
For Senator I am voting for Lamar Alexander.
For the 8th Congressional District I am voting for Stephen Lee Fincher.
For the 31th Senatorial District I am voting for Brian Kelsey.
For the 83rd Representative District I am voting for Mark White
If I was in the 9th Congressional District I would vote for Charlotte Bergmann.
If I was in the 30th Senatorial District I would vote for Dr. George Shea Flinn.
Now as to the Wine at retail food stores, City of Memphis, I am reluctantly voting in favor as I have seen this as inevitable and it seems to work in other states without putting individual liquor stores out of business.
NOW THE FOUR CONSTITUTIONAL AMENDMENTS
Amendment #1(Gives Tennesseans back the right to legislate on abortions) – I am voting YES. The US Supreme County has already ruled that abortions are legal. This Amendment would allow the enactment of reasonable medical safety and sanitary provisions to prevent the terrible situation that occurred in the Gosnell clinic in Philadelphia which resulted in the murder conviction of Dr. Gosnell. Also remember that the Planned Parenthood v. Sundquist case (TN Sup Ct 2000), effectively prohibited any TN regulation, even for the safety of the mother. That’s why the approval of this amendment is crucial.
Amendment #2(Changes the way the Supreme Court or Appellate Judges are appointed) – I am voting NO. This is a close call but I trust informed common sense voters more than I trust the legal profession. I could go along with this amendment if it had a term limit provision limiting judges to one eight year term. Then at the end of a distinguished private legal career, outstanding fair minded lawyers could finish their career on the bench. Otherwise I would rather let the voters decide rather than lawyers and politicians.
Amendment #3- (Prohibits any Tennessee tax on payroll or earned income). YES, YES, YES
Amendment #4- (Empowers the General Assembly to permit lotteries). I am voting NO. I am against gambling in general and there has been corruption in these lotteries in the past.
FINALLY- For City of Memphis voters there is a little understood Memphis City Ordinance change to Ordinance #5512 to Improve Effectiveness of Civil Service Hearings. I am reluctantly voting YES for the amendment as I have been assured by the proponent of this amendment (City Council member Kemp Conrad) that it will help reduce the backlog of civil service cases and make it easier to discharge non productive employees of the City. It seems strange that this proposal is adding 7 members for a total of 14 members of the Civil Service Commission and asking to pay them $400 per day (or more) whereas the Shelby County’s civil service merit board has 5 members who are paid $50 per day and seems to be quite efficient. I think the difference is the culture of the City versus the County. The City has a history of tough union agreements and the unions support keeping their members employed by the City regardless of their job performance and history.
I will be glad to answer any questions that you might have about the election. Vote your preference but please vote.
July 24, 2014
There is a very important election going on. Early voting is going on. General early voting started Monday July 21st and early voting ends Saturday August 2nd. The last voting day is Thursday August 7th but only at your normal local voting site.
The ballot is huge. I have attached the ballot with my selections. I want you to make your own choices but I want you to get out and vote.
I have been working with Eve and Eddie Settles and they have done a wonderful job in researching the candidates. Be sure to go to www.backinriversity.com and read about the research they have done.
You will have to declare that you want to vote in the democrat or republican primary. This is for the Governor, United States Senate, United States House of Representatives, the Tennessee Senate, the Tennessee House of Representatives, and the State Democrat or Republican executive committee people. This party declaration will not prevent you from voting on the rest of the ballot which is open.
The final page of the ballot is interesting. It is to vote to Retain or Replace the Tennessee Supreme Court judges (3 ea.), Court of Appeals Judges (10 ea.) and Court of Criminal Appeals judges (10 ea.).
The Tennessee legislature voted recently to let the Judicial Nominating Commission to expire and in November 2014 we will vote whether to adopt a constitutional amendment for Tennessee, a system like the one set forth in the US Constitution. I believe that an 8 year term is sufficient and should be at the end of a distinguished legal career or the justice should go back to his legal practice to earn his living, not be a career justice. Therefore I support the REPLACE vote.
June 24, 2014
IMPORTANT ELECTION INFORMATION
There is a very important and complicated election coming up on August 7, 2014. (WOW, WHAT A BALLOT) (Countywide early voting starts Monday, July 21st). You will be electing the primary candidates for Tennessee Governor, one Tennessee US Senator, Two US Representatives (8th and 9th districts), Three State Senators, Thirteen State Representatives and Ten State Executive Committee members. These are primary elections and the final vote will be in November of this year.
As if that was not enough, we will also be electing the following.
9 circuit court judges, 3 chancery court judges, 2 probate court judges and 10 criminal court judges. NOTE (Chancellor Kenny Armstrong, Chancery Court Part 3, has just been appointed by Governor Haslam to the Appeals Court. Since it’s way after time for filing a qualifying petition, he either won’t be on the final ballot in August, or, if it’s too late to take him off, any votes for him or that office will be ineffective. We assume Haslam set it up this way so he gets to appoint his own choice until the next election IN 2016.)
Also (very important) we will be electing the District Attorney General, the County Mayor and 13 members of the County Commission.
Will it never end?
Then we will select the Assessor of Property and the County Trustee, the Probate Court Clerk, the County Clerk and the Register of Deeds.
I bet you thought I was finished but OH NO. You will select 15 general session court judges (1 is an environmental court judge) and the juvenile court judge. Also THE SHERIFF, THE CIRCUIT COURT CLERK, THE CRIMINAL COURT CLERK AND THE JUVENILE COURT CLERK.
June 19, 2014
Congratulations Mr. Mayor and City Council Majority
My wife and I have been out of town visiting two of our daughters, our son in law and our 2 year old grandson in California. You can imagine my delight in reading Wednesday morning that the City Council has taken the recommendation of Mayor Wharton to start the process of reining in our City finances and getting control of our unfunded liabilities.
This is just the first step and it will be painful and seemingly unfair to the retirees but this is what the County did years ago and the financial statements show the difference. However this is just the first step. More needs to be done next year. Pension reform in July this year and then line of duty disability, sick day reform and other areas of benefits that are more than private sector comparisons.
On a lighter note but with some significant contrasts I list below some items from the Carmel California Pine Cone newspaper which I picked up on my trip. (Carmel is where Clint Eastwood used to be mayor).
Police & Sheriff’s Log Crime Report
1) Subject reported the loss of a wallet while wine tasting in Carmel. Exact location of loss unknown.
2) Man was walking northbound on Mission Street when he saw a subject who was staggering and almost falling to the ground. He made contact with the subject and called the police. Upon arrival the police contacted the subject who had been drinking. He was reunited with his spouse, who was sober, coherent and staying at a hotel approximately one block away.
3) Person came into the station to report the loss of a wallet and personal contents. Person later located the wallet at a restaurant patronized last night.
Then an article with the headline “Council adopts $24M budget at first pass”.
In the article
In the article there is the following information. The biggest chunk of spending goes to public safety (fire, police and ambulance) accounts for 32% of expenditures. In Memphis this figure is 70%.
Memphis is obviously not Carmel California but what a difference in the vital area of public safety.
May 26, 2014, Memorial Day
Family Is Everything!
I get discouraged when I read day after day about the destruction of the basic unit of our culture, the strong family. Most of our national problems (education, poverty and crime) can be traced to the breakdown of the strong family unit.
Then on the eve of memorial day and after attending church, I ran into a high school classmate, Joe Garbuzinski and he told me the following remarkable story.
He had just returned from a graduation ceremony at the Naval Academy at Annapolis. His twin grandsons, Zachery and Alexander Johnson, had both just graduated. They grew up in Memphis and attended Christian Brothers High School. They were top students and both were state wrestling champs.
While at the Naval Academy, they attended summer training camps for Navy seals and finished in the top 5% of those classes. Now after graduating they will enter into the notoriously difficult Navy Seal training.
Joe is very proud of these wonderful grandsons and I am thrilled at their accomplishments. Joe and I both feel that the majority of this country still loves America, thinks that America is special and that there is hope to turn the culture back to freedom, individual responsibility and love of country. With young people like Zachery and Alexander, there is cause for great hope for the future of this wonderful country.
April 28, 2014
Does Your Child Belong To You Or To The Government?
I and some of my friends have been asking questions about Common Core. I asked the Shelby County School System for the following information.
I would like to have access to and view all data requests regarding data that the school system is collecting on the students. I would like to know if this data is requested and collected from the students directly without parental involvement or if the parents are requested to furnish this information or data and if this information is voluntary or required of the students or parents.
There answer was the following. “Your request is not granted because it is not understood.” Such arrogance.
I want to recommend that you go to www.mommabears.org and read through some of this information. This is a great organization and they are having an effect. I was immediately struck by this report. Click and read this report on what is in the library of a local school. http://www.mommabears.org/1/post/2014/03/alert-is-this-in-your-childs-library-at-school.html
I want to find out more about this from the school system but I cannot even get them to answer a request for an appointment. I will keep trying but I need feedback from readers who have children in public schools.
The federal government does not believe that your child’s education should be the responsibility of the parents. They believe they are the professionals and they know better. We need to let them know that they work for us, not the other way around.