Archive for the ‘human interest’ Category
March 4, 2015
In a recent CA article, it was pointed out that the cash strapped City of Memphis will have to come up with another $13.5 million to cover the underestimated cost of City of Memphis retirees OPEB cost. This is because of the City’s liberal policy differences versus the County concerning what health care policies are available to retirees.
I have attached a resolution dated June 18, 2007 entitled “RESOLUTION TO PROVIDE FOR OPEB BENEFITS AND APPROVE CHANGES TO HEALTH INSURANCE BENEFITS PROVIDED TO EMPLOYEES AND RETIREES”
It is signed by none other than A C Wharton, then County Mayor.
The main difference is that County retirees over age 65 that are eligible for Medicare (either the retiree or spouse) will only be eligible for a Medicare supplemental plan, not the regular county plan. Also the retiree’s share of the premium will be based on years of service. This saved the county millions of dollars since 2007.
Meanwhile the City of Memphis did none of this even after County Mayor Wharton became City Mayor Wharton. It took a city pension and OPEB financial crisis to get the City to change and then they got the numbers wrong to the tune of $13.5 million. Then add to that the millions they could have saved between 2007 and 2015 had they followed the County example, but they did nothing.
February 11, 2015
Insure Tennessee! Let Us Have A Discussion
Recently I heard a talk given by Dr. Scott Morris, founder of the Church Health Center. He talked about the Sears Tower planned renovation and it was fascinating. If it comes off successfully, it could lead to great benefits for midtown and for Shelby County.
Before he got into the Sears Tower presentation, he talked about the recently defeated proposal for Insure Tennessee. This is Governor Bill Haslan’s proposal to take federal money from the government to expand Medicaid coverage under the Affordable Care Act to people who do not qualify either for existing Medicaid programs or to buy coverage on an exchange.
Haslam unveiled Insure Tennessee in December after nearly two years of negotiating with the federal government because Insure Tennessee was not a straight expansion of Medicaid. It required a waiver approval by the U.S. Department of Health and Human Services because Haslam opted to craft a state-specific program that modeled many aspects of commercial health insurance using funds from a tax that Tennesseans are already paying under the ACA.
Dr. Morris stated that this was a no brainer as the money was sitting there and there were people who needed the medical services and after all it was our Tennessee tax money and additionally tax money from other states.
February 3, 2015
Fancy Expensive Jobs And Titles
Recently Mayor Wharton gave a State of the City address. In that speech he cited the case of Willie Woods, owner of Woods Painting Co, who turned to the City of Memphis when the recession knocked down his revenue by 30 to 40 percent. Mr. Woods wanted help finding jobs and financial support. He, no doubt, had a lot of company during the recent severe downturn.
The Mayor’s answer was typical for most politicians, local and national. The Mayor proposed creating a new “cabinet level” department, the Division of Minority Business Services.
Well let us look at the current 2015 City of Memphis budget. In this budget we find the Office of Talent & Human Capital. The mission of this office is “to secure the City of Memphis competitive position in the knowledge economy by supporting innovative strategies, tactics and initiatives that focus on retaining, recruiting, and developing the nations’ most talented workforce.”
Now look at eight budget pages from the 2015 City of Memphis budget. You will see that we propose to spend $1,251,805 and give employment to 6 people. That is a cheap price if Dr. Scarboro, Executive Director, achieves this objective. Cities across the nation are spending billions to achieve this goal and the national government is spending trillions.
Let us be realistic about these made up positions and jobs. They are what politicians at all levels do to make the public think they are addressing the problems with real solutions. This is nothing against Dr. Scarboro. I am sure he is a great guy who has done significant good work. However creating another division with another Executive Director is not the solution to solving Mr. Wood’s problem or the human talent problem. It will take years of education reform and family social services to attack the poverty, family dissolution, crime and local low educational levels that are at the base of low human talent levels. Another fancy title and another cabinet level division and another million plus spending will not help Mr. Woods get more work. Being the best painting contractor offering fair prices and great work is the answer to his problem.
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 email@example.com.
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.