Archive for the ‘human interest’ Category
The Fight Against Hi-tech Solutions
August 22, 2106
The fact that a Memphis taxi cab company is suing Uber and Lyft in federal court caught my eye recently. They allege that the ride-hailing companies are violating Tennessee laws and city ordinances regulating passenger transportation services.
In looking back over my business career in engineering and manufacturing I remember purchasing the first TRS 80 computer. The subsequent computers revolutionized my business making it much more efficient and lowering costs. Uber and Lyft saw a need and filled it in a big way. Maybe they are violating some outdated regulations but that is what politicians do, write regulations which end up restricting competition.
In the high tech field, I have a son in law who was with google but left recently to join Otto, a company involved in designing software and hardware to safely control driverless trucks. His job previously at google was designing the vehicles for google street scene which allows you now to see almost all homes and buildings and is used extensively by real estate people, the government and people in general. No doubt the Teamsters will object to Otto if they are successful in advancing driverless vehicles.
I have written previously about Uber, Lyft and how they could possible help make Mata more efficient, give Mata customers better service and possibly cut the $44 million dollars that taxpayers pay to subsidize Mata.
Instead of filing suit and blocking progress, why not join the hi-tech world and see if we can give Mata customers better service at lower cost. I call on Mayor Strickland to invite Uber and Lyft and start a discussion to see if involving them in Mata transportation makes sense. If you agree I ask you to let the Mayor know with a copy to email@example.com.
August 17, 2016
The Demand For Immediate Economic Justice
There was a recent CA article with the header “Strickland can’t solve problems alone.
The gist of the article was the demand from “Black Lives Matter” to furnish to the disenfranchised, good jobs and opportunity. The article went on to state that no Mayor in America can solve this problem alone. The article stated that the real economic power in Memphis comes from the 120 senior executives who call themselves the Chairman’s Circle.
Contained in this story is the description of the plan labeled “The Moon Missions”. Contained in the Moon Missions are a) expanding prekindergarten, b) connecting Mid-South green spaces, c) creating 1,000 entrepreneurs in 10 years, d) developing a long range plan for regional growth, e) alleviating litter and blight and f) training 30,000 high-tech industrial workers in 10 years.
Here you have the classic HAVES/HAVE NOTS confrontation that has been going on in this country for a long time. None of the above Moon Mission objectives will make an immediate difference in more contracts and jobs for the disenfranchised.
Expanding prekindergarten is a good idea if it results in the children prepared to learn to read when they get to school.
Connecting mid-south green spaces will help with attracting the skilled executive types of people who are considering moving to Memphis.
Creating 1,000 entrepreneurs in 10 years. This is so ridiculous that it does not deserve comment. I suppose Bill Gates and Steve Jobs came from this kind of program.
Developing a long range plan for regional growth. Another expensive plan from a consulting firm. Maybe good but no immediate results.
Alleviating litter and blight. Good idea but no immediate economic results.
Training 30,000 high-tech industrial workers in 10 years. This is a great idea and a skilled worker pool is what is needed but you need people willing and sufficiently educated to learn a needed trade like welding, plumbing, electrical, building maintenance, computer programming at schools like Southwest Tennessee Community College and Moore Tech.
What these protest groups are asking for is a slice of the supply contracts purchased by local companies. Typically local companies buy their products on the basis of price and past performance. They should be willing to take quotes from minority firms but those minority firms, if selected, must perform as well or better than the previous supplier. As for the City of Memphis or Shelby County, they should publish their bids on line showing the selected supplier and all other bidders and why the lowest bidder was not selected if that was the case.
What are your thoughts on these matters?
August 9, 2016
Garbage And Recyclables
I live in the City of Memphis and yesterday morning was my weekly duty to bag up my garbage and put it in my older 96 gallon wheeled container and put my recyclable material in my new 96 gallon wheeled container. It worked out well and I rolled them out to the street and by noon they were both picked up and taken to I don’t know where.
I decided to ask the City of Memphis for information on Inland Waste, the City’s contractor for solid waste and recyclable material. I asked the City of Memphis for a copy of the contract through the City of Memphis open records request system and I got an answer the next day. The contract is for $4.25 million and is some 122 pages but here it is for you to review. The high bid was for $9.3 million. After a quick review there are some interesting features.
Did you know that your cart has a RFID!! This is a Radio Frequency Identification Device. According to the contract the purpose of a RFID is to gather information about recycling participation and other information mutually agreed upon between the City and Contractor.
Then I got to thinking about Germantown and Shelby County. Germantown has approved a $3.9 million, five-year trash collections contract with Waste Pro of Tennessee. The contract shows a double-digit increase in price over the current service provider, Inland Waste Services, which the city is discontinuing after a series of upsets to citizens’ services and associated fines and fees the city incurred to resolve them. The new rates include a 34% hike in yard trash. Residents who are now charged $22.50 for trash service will only pay an estimated $4 more each month the first year and as much as another $2 a month thereafter, with the city subsidizing for now, according to The Commercial Appeal.
As a City of Memphis resident I currently pay $22.80 per month as my solid waste fee.
Then I asked the Shelby County government about their solid waste collection services for those residents who live in the County but are not in any incorporated city. Apparently the County residents are on their own and I suppose they contract with some independent service to take away their garbage, recyclables and yard waste. The County did inform me of a contract they have with Memphis Recycling Services Inc to buy all recyclable commodities generated by the County.
I must admit that I am not as well informed about this very important public service and I ask those that read this post to send me more information about your experience with the City, Germantown and other incorporated cities in Shelby County and those that live in Shelby County in an unincorporated area. I would love to hear from you.
I want to congratulate the City of Memphis and Shelby County for their prompt responses to my open records inquiries. Hopefully we can see more of this in the future.
July 25, 2016
There was an interesting editorial in the Commercial Appeal last Sunday concerning Germantown open records and the battle with Jon Thompson and Sarah Wilkerson-Freeman in order to get information on Germantown government salary, insurance and other perks. Congratulations to Thompson and Freeman. I have been fighting this open records battle since 2004.
Recently I asked the MLGW for current electronic copies of their annual pension and OPEB reports. I asked by email. I received an electronic copy of an open records request form which I filled out and signed electronically and sent it in. I then received the following message.
“Good afternoon, your documents are available for pickup. You can come to the Administration building and the documents will be at the security station.” I then objected to this bureaucratic requirement and sent my objections to Mr. Thompson (MLGW), Mayor Strickland and many others. I eventually got the electronic copies that I asked for and you can now look at the MLGW pension report and the MLGW OPEB report at www.memphisshelbyinform.com.
Now the Tennessee Open Records law does not require furnishing electronic copies but governments with a fully open records policy will furnish the information in electronic format because it is cheaper and easier and nearly all data is already in electronic format. If they want to discourage open records requests they will require you to travel down to their office and pick it up at the security desk.
I like the MLGW and their utility services. Very professional. President Jerry Collins is a great manager and runs a well trained and effective company. I call on the MLGW to put this information (pensions and OPEB) on their website and keep it updated. I also ask them to publish a return on investment report for their smart meter program to show the public how this program will be paid for and the return on the rate payers’ investment.
Now as to the pension and OPEB reports. Shelby County published their annual pension and OPEB reports online. The City of Memphis and MLGW do not.
The MLGW pension fund has a net value of $1.32 billion and $118 million of unfunded liability.
The City of Memphis pension fund has a net value of $2 billion and $533 million of unfunded liability. The City of Memphis does not publish their annual pension report online.
The Shelby County pension fund has a net value of $1.1 billion and $316 million of unfunded liability.
The MLGW OPEB fund has a net value of $333 million and $461 million of unfunded liability.
The City of Memphis OPEB fund has a net value of $17 million and $730 million of unfunded liability. The City of Memphis does not publish their annual OPEB report online.
The Shelby County OPEB fund has a net value of $197 million and $101 million of unfunded liability.
The trouble spots are shown underlined above. Again Shelby County leads in local government in open records policy and fiscal responsibility. I urge you to let local governments know what information you think should be put on their website. What are your thoughts on transparency in government?
July 19, 2016
Lack of Transparency On Local Contracts
I have been investigating the barriers companies have to jump over in order to do business with local governments. As an advocate of open records and transparency, I measure the contract information transparency available to the public (taxpayers are the financiers of government purchases). Therefore let us look at what we (the taxpayers) get to know about government purchases and the cost of trying to direct a percentage of government business to minority, women (MWSBE minority, women small business enterprises) or locally owned small businesses (LOSB).
I was told recently that the County Commission passed a charter amendment a few years back (city also) that any contract over $100k requires 20% minority participation. Bidders include that in their pricing of the project.
I checked to verify the information and was told that the information was not exactly correct. The Locally Owned Small Business (LOSB) ordinance was passed by the County in 2007 and established a target of 20% of all purchases to be awarded to LOSB’s. There is a bidding advantage for LOSB’s of 5% for contracts up to $500,000; 3.5% for contracts up to $750,000; 2.5% for contracts up to $1,000,000 and 2% for contracts over $1,000,000. For large construction projects the county normally establishes a LOSB percentage requirement. According to the source, the County has met the LOSB target each year.
The City of Memphis has the following statement.
WHEREAS, the City of Memphis desires to be proactive in ensuring that economic opportunities in the Memphis Metropolitan Statistical Area (MSA) are equally available to all individuals or businesses, including minority and women-owned businesses, regardless of race, gender or ethnicity.
Certified AABE (African American black enterprise), HBE (Hispanic American business enterprise), ABE Asian American Business Enterprise, NABE (Native American Business Enterprise), or WBE (Women business enterprise) shall mean an AABE, HBE, ABE, NABE or WBE which has been certified by a City approved central certification agency and approved by the Office of Contract Compliance (OCC).
The initial annual MWBE goals shall be:
- a. Goals for Subcontracting Construction:
- (16 %) – Minority
- (3 %) – Women
- (19 %) – Total goal
- b. Goals for Prime Construction:
- (15 %) – Minority
- (3 %) – Women
- (18 %) – Total goal
- c. Goals for Architecture & Engineering Services:
- (22 %) – Minority
- (7 %) – Women
- (29 %) – Total goal
- d. Goals for Goods and Supplies:
- (12 %) – Minority
- (1 %) – Women
- (13 %) – Total goal
- e. Goals for Non-Professional Services:
- (23 %) – Minority
- (2 %) – Women
- (25 %) – Total goal
- f. Goals for Professional Services:
- (13 %) – Minority
- (2 %) – Women
- (15 %) – Total goal
The annual goals provided above shall be reviewed annually by the EBO advisory committee. These overall MWBE participation goals are only intended to be benchmarks evaluating the overall performance of the EBO program on an annual basis. These participation goals are not and, shall not be quotas for purposes of determining or satisfying annual participation goals.
I have tried to find the actual results of this program but I cannot find anything online. It may be there but I cannot find it. I will ask the City of Memphis in an open records request. What I want for the public to know is the results of the City and County small business and minority programs. What are the percentages and what did it cost over and above lowest and best bid for the work? We, the taxpaying public, deserve to know.
How The West Got Rich
May 23, 2016
There was a fascinating article in last Saturday’s Wall Street Journal. I want to point it out because it will be at the heart of our upcoming 2016 presidential election. We hear the talking heads speaking about gender-less bathrooms, free stuff for everyone, income disparity, redistribution of income, taxes, the benefits of socialism, bullying and lots of other issues.
The number one issue in survey after survey is the economy and this is what this article is all about. Look and read some of the facts.
Two centuries ago, the average world income per human (in present-day prices) was about $3 a day. It had been so since we lived in caves. Now it is $33 a day—which is Brazil’s current level and the level of the U.S. in 1940. Over the past 200 years, the average real income per person—including even such present-day tragedies as Chad and North Korea—has grown by a factor of 10. It is stunning. In countries that adopted trade and economic betterment wholeheartedly, like Japan, Sweden and the U.S., it is more like a factor of 30—even more stunning.
Now we have people calling for a change to our system in order to make it more like Cuba, Venezuela and a long list of countries run by top down federal bureaucracies.
Here is the explanation of how our society got these wonderful improvements. What enriched the modern world wasn’t capital stolen from workers or capital virtuously saved, nor was it institutions for routinely accumulating it. Capital and the rule of law were necessary, of course, but so were a hard working labor force and liquid water and the arrow of time.
The capital became productive because of ideas for betterment—ideas enacted by a country carpenter or a boy telegrapher or a teenage Seattle computer whiz. As Matt Ridley put it in his book “The Rational Optimist” (2010), what happened over the past two centuries is that “ideas started having sex.” The idea of a railroad was a coupling of high-pressure steam engines with cars running on coal-mining rails. The idea for a lawn mower coupled a miniature gasoline engine with a miniature mechanical reaper. And so on, through every imaginable sort of invention. The coupling of ideas in the heads of the common people yielded an explosion of betterments.
The other day I heard a report about our current Vice President, Joe Biden, wondering what he would do after the upcoming election. He has never had a private sector job working for a “for profit” company in his life. Neither has Barack Obama or most of the Washington DC politicians and bureaucrats. Let us get back to returning government to the people with important decisions made at the state and level local, empower local thinkers and entrepreneurs, and reduce the size of the DC bureaucracy. Do you believe in the benefits of legal and fair capitalism or do you want a radical change in our system?
May 12, 2016
Bureaucracy Is Alive And Well
Bureaucracy exists not only in Washington DC where it thrives and continues to grow, but right here locally in Shelby County Tennessee. Here is an example.
A number of years ago I filed up to six lawsuits (pro se, for myself) in Chancery Court. When faced with a recalcitrant government agency that refused to comply with our Tennessee Open Records laws I would troop down to Chancery Court with lawsuit papers in hand and plunk down $211.50 CASH money and file the suit. Sometime later when the lawsuit papers were delivered to the Respondent I would sometimes get the requested access action. Other times I would have to wait for the respondent to show up (or not show up) in court. I remember one time waiting in Judge Golden’s chancery court for an attorney from the old Memphis School System to show up. They failed to show up and when I spoke to the court I requested my $211.50 back and an additional $1000 for, my time and expenses. Judge Golden gave me the right for the $211.50 but refused the $1000. The reason for the refusal was that I was not a lawyer and had filed pro se. I guess the legal fraternity sticks together. The judge is a great guy and later when we meet at a gathering, we laughed about the incident.
However apparently I failed to receive back one of the $211.50 fees and I received the attached letter from Chancery Court. I went downtown to Chancery Court and filled out the requested form. The young lady that helped me said that I would be notified when the check was available to be picked up. I requested that the check be mailed and she said that their policy was that checks could only be mailed to out of town people but that I would have to pick up the check in person since I lived in Memphis. “NO MAILING LOCALLY WAS NOT PERMISSIBLE!”. I offered to pay for mailing but that was refused. 17 MILES DOWNTOWN, PARKING FEE, GO THROUGH SECURITY, PICK UP CHECK, 17 MILES BACK HOME. Bureaucracy at work right here in River City.
They said that I would be notified when the check was available. When I received no notice I emailed the Court but still got no answer. The next time I was downtown I went to the Court and sure enough I got the check. I hurried and deposited it as soon as possible.
Now the thing that really galled me was my knowledge that this was the same Court that suffered a $1 million loss beginning in 2008 and ending with a conviction in 2012. So much for the vigilance of bureaucracy!
May 9, 2016
How We Could Have Saved $1 Million Dollars
I have been following the stories about the Memphis Health Education and Housing Facility Board. The story began with the low income properties owned and operated by Global Ministries. Residents complained about bedbugs, rodents and improperly maintained appliances.
I began investigating all the various boards and commissions operated under the City of Memphis and Shelby County governments. I found that there were two Health Education and Housing Facility Boards (HEHFB), one run by the Memphis and one by Shelby County. As usual, the one run by the County was better, more open to records access and less controversial. The outstanding difference was a provision of the county board statement of policies and procedures that restricted the amount of cost paid to the Board Counsel. On just 5 bonds issued by the Memphis HEHFB this difference amounted to $59,000. The Memphis HEHFB says that they have issued over 85 bonds. This overpayment to the Board Counsel could be as much as $1 million dollars at the average of the 5 bonds reviewed.
At the most recent Memphis board meeting I asked the board some questions and made some public recommendations concerning open records, ethics and conflict of interest. Here are my points.
- Board agendas should be posted online at their website on the same day they are posted in the Daily News.
- All supporting information given to board members along with their agendas should be posted online at the website along with the agenda.
- Minutes of the meeting should be posted on the website not later than 1 week after the meeting.
- Bond costs and parties to the expenses should be posted on the website when sent to the state as required by law. (Report of debt obligation)
- Adopt the same or similar ordinance as the County limiting board counsel fees.
- Adopt a strong ethics ordinance regarding conflict of interest and post online.
- When a member of the board has a subsequent financial involvement in a board bond or property transaction, that member should make a public acknowledge of that involvement on the board website.
I call on the City Council to demand these changes and I ask all citizens and taxpayers to contact the Mayor and their council members to act on this matter. If you have a further suggestion, I ask you to contact Joe Saino at firstname.lastname@example.org.
April 25, 2016
Brilliant At The Basics
Our new Mayor has come out with his proposed 2017 City budget. I have not had a chance to study it closely yet but I will in the next few weeks. However a recent open records request confirmed what I suspected was happening.
Read the CA article of April 7, 2015. In a CA article (April 7, 2015) our present Mayor Strickland questioned the possibility of Sammons doubling his City pension. In my recent open records request to the City of Memphis I asked for current pension payments to retired City of Memphis employees. I wanted to compare the current pensions to past pensions. Sure enough there was Jack Sammons receiving an annual pension of $68,457.36, up from his previous pension of $34,960.56. Doubled!!!
How has this happened? Apparently there is a provision in the City of Memphis pension ordinance that allows the pension to be recalculated based on the highest 12 month salary overturning any fiscally responsible actuarial calculations. This is a public employee scam that needs to be corrected. Here is what is done at the County government. Plan A and Plan C both compute pensions based on the employee’s highest 36 consecutive months of earnings. The new Plan D computes pensions based on the highest 60 consecutive months of earnings. Plan D was effective July 1, 2011 and has proven to be a less costly plan because of the earnings calculation plus the lower years of service multiplier and the retirement age requirement.
Then there is he abuse of the City of Memphis pension board of LINE OF DUTY DISABILITY. This is costing the City up to $14 million per year. The rate of line of duty disability approval at the City is ten time higher per active employee than the MLGW and Shelby County Government. These built in actuarially unsound pension provisions need to be changed as part of the Brilliant Basics.