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Monday, June 19, 2017
Sunday, June 18, 2017
What's on the Council agenda for June 20th: Making Nashville a Sanctuary city and passing the $2,209,690,100 budget for FY2018
The Metro Council will meet Tuesday, June 20, 2017 at 6:30 PM
in the Council chamber at the Metro Courthouse. The most controversial item of the night is legislation that would make Nashville a sanctuary city, or maybe not.
To watch the Council meeting,
you can go to
the courthouse and watch the meeting in person, or you can watch the
broadcast live at Metro Nashville Network's Government TV on Nashville's Comcast Channel 3 and AT&T's U-verse 99 and it is streamed live at the Metro Nashville Network's livestream site. You can catch the meeting the next day (or the day after the next) on the Metro YouTube channel.
If can stand the suspense and just wait, I will post the video here the
day after or the day after that and provide commentary.
If you are going to watch the Council meeting, you need a copy of the Council agenda and the Council staff analysis or you really will not know what is going on. Without an agenda, watching the council meeting is as about as exciting as watching pint dry. With an agenda it is as exciting as waiting for water to boil. I watch the meetings and provide highlights and and commentary so you can be an informed citizen of our city and yet not have to watch the meetings. You can get the agenda and analysis at the highlighted links.
Resolutions. All resolutions are initially on "consent." Resolutions on consent are all lumped together and pass by a single vote. If there is a negative vote on a resolution in committee, the resolution is taken off of consent and considered separately. Also any councilman may ask for a resolution to be taken off of consent or request to be recorded as abstaining or voting "no." None of this resolutions appear controversial and I expect them to all pass. Below are the resolutions of mild interest.
RESOLUTION NO. RS2017-682 adopts the certified tax rate. Following a general reappraisal, the local governing body must adopt a tax rate that bring in no more money than would have been brought in prior to the reappraisal. Currently the combined General Services District (GSD), which in most places would be the "county," and the Urban Services District (USD or "city") is $4.516. The new combined lower rate is $3.155. The tax rate is applied to each $100 of assessment.Bills on Second Reading. There are 20. Below are the ones of interest.
RESOLUTION NO. RS2017-685 adopts a new fee structure for animal control. Under the new schedule if you dog is picked up, the impound fee is $50 and the daily boarding fee is $18.
RESOLUTION NO. RS2017-717, RESOLUTION NO. RS2017-718 RESOLUTION NO. RS2017-719 adopt new pay plans for Metro employees, with the exception of the Board of Education. These provide a 2.0% across-the-board pay increase effective July 1, 2017, continue increment pay, and to provide for the possibility of merit pay increases for some employees.
RESOLUTION NO. RS2017-764 approve an application to be submitted to the State for approval of an Adventure Tourism District for Fontanel based on their providing zip lining, road biking and mountain biking as outdoor adventure activities. This designation provides the businesses within an Adventure Tourism District to apply for State tax credits.
BILL NO. BL2017-726 would add a requirement for the Department of Finance to maintain a written debt management policy for the metropolitan government. While revenue has been increasing to Metro, we have at the same time been increasing our debt obligations. Our debt is manageable now, but if and when Metro's growth slows, along with insurance obligations to retirees and Metro Pension obligations, much of the budget will be untouchable and essential services will have to be cut. My view is that now is a time we should be reducing debt, not adding to debt. This bill would require Metro to have a debt policy including pension liability and establishes certain criteria for establishing the debt policy. This alone will not bring fiscal responsibility to Metro Government; that takes courage and will, but this is a good step in the right direction. This should be approved.
BILL NO. BL2017-737 would subject "platform vehicles" in Nashville to the regulations of the Transportation Licensing Commission. I am not sure exactly what the impact of this would be and the staff analysis is not clear. This looks like an attempt to curtail or ban those slow moving vehicles that allow people to drink and dance on the vehicle. Pedal Taverns and carriages and pedicabs are already regulated so this is for another type of vehicle.
BILL NO. BL2017-738 would prohibit motels form renting rooms by the hour. One may rent a motel room by the hour just because you need to catch a few hours of sleep before you catch your flight, but probably because you connected with someone and want to have sex. Why you rent the room by the hour, should be no ones business. For a city so liberal that it promotes acceptance of homosexuality among the youth of our city, this seems somewhat puritanical.
BILL NO. BL2017-739 is the Sanctuary City bill, which may or may not make Nashville a sanctuary city. The bills says there are things we will not do to assist the Federal government in enforcing immigration law but then it says we will not violate federal law. There are federal laws that mandate cities do what this bill says we will not do, so I don't know if this makes us a sanctuary city or not. In any event, his should be defeated.
While immigration and border control are federal responsibilities, we should all have an interest in curtailing illegal immigration. Also, there is a practical reason to obey federal law and that is because the federal government is likely to withhold money from sanctuary cities. President Trump's executive order withholding money to sanctuary cites was struck down but on the grounds that the administration could not withhold money already appropriated. If the condition for receiving the money is placed on the front end instead of retroactively, it will stand. Most federal funds come with stings attached and the Federal government has often made states do things they did not want to do. The Federal government forced states to lower interstate speed limits to 55 miles per hour. The Federal government forced states to raise the drinking age to 21. Nashville is likely to lose some future federal funding if this passes. Also, the State of Tennessee has a law that says there can be no sanctuary cities in Tennessee. There was pending in the State legislation this session that just ended a bill that would have strengthened the State's position prohibiting Sanctuary cities. If this passes we can almost be certain the State will punish Nashville. The staff analysis says this does not make us a sanctuary city and says it would be safe to pass it. I don't know if that is correct or not. The staff analysis does not mention the pending state legislation and what the state legislature is likely to do.
I hope this is defeated. If not, I hope the Council does not let this pass without a recorded vote. It takes five Council members to force a roll call vote. Those members who oppose this should force a roll call. When this is voted on, I will follow up and list how members voted assuming there is a roll call vote.Bills on Third Reading.
BILL NO. BL2017-743 is a companion to Bill 739. It terminate a contract the city has with the U.S. Marshal Service to house federal inmates. The intention of this is to negotiate a new contract that does not include Nashville holding illegal aliens. This needs to be defeated.
BILL NO. BL2017-645 would allow passengers in horse-drawn carriages to drink and ride as long as the beverage was in a plastic or foam cup. This sounds reasonable to me.
BILL NO. BL2017-722 adopts the FY2018 Operating budget of $2,209,690,100. It is likely to be
adopted tonight. It must be adopted by June 30th. For a lot more on the budget including what is new in the budget and who gets what, see the staff analysis. To know even more see A Citizen's Guide to the Metro Budget. The budget includes a salary increase of $7,000 for members of the Metro Council effective following the 2019 Council elections.
SUBSTITUTE BILL NO. BL2017-723 establishing the tax levy in the general services district for the fiscal year 2017-2018. This will be the same as the certified tax rate since Metro is not raising taxes this year.
BILL NO. BL2017-724 establishes the low-income elderly tax relief program for 2018. This is a continuation of a program that has been in place for many year. The State provides a certain amount for tax relief for the low-income elderly and this program is Metro's expansion of the program to provide more tax relief than the State. The income limit to be eligible is $29,180 and applicants must be over the age of 65. This cost Metro $3.9 million. I support this program.
BILL NO. BL2017-725 establishes a Greenways Commission and a Conservation Assistance Grant Fund and appropriates $500K to the fund. The purpose of this is to preserve properties having great natural, cultural, and environmental importance. From what I know about it, I support this. As we grow, it becomes important to preserve certain features of our community that make Nashville livable and enjoyable. The commission could not appropriate any funds without coming back to the Council.
BILL NO. BL2017-735 creates 54 new positions in Metro Government. This have to be created by the Council in order to be included in the pay plan.
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Saturday, June 17, 2017
Dear Immigrant, About the police....
Dear Immigrant,
I know the mayor of our city has been critical of Immigration police because immigrants might not know the difference between ICE and Metro Police. I am going to try to help the Mayor help you sort this out.
In Nashville, as well as in the rest of America, you will see a variety of different types of "police," or law enforcement officers or security people. You need to be aware that not everyone who has a badge and a vest that says "police" and a leather belt with a stuff hanging off of it are all the same. Not every car with light bar across the top and that looks like a police car is a Metro Police car but if the light is flashing, I would suggest getting out of the way.
We do not have a national police force in America, the way many countries do. Our founders did not think having a national police force was a good idea. I know the country you came from may have had a national police force and it may have been corrupt and may have been used to suppress descent and to prop up the regime. Such is not the case in this country. Police in this country are local. Also, they are usually not used by politician to harass political opponents and prop up the current administration and they do not normally accept bribes. I know for many of you, that bribing the police was part of routine business in your country of origin. In many places in the world the police are corrupt; not so much in America.
Locally, other prominent "police" you may encounter are the Fire Marshall and Metro School Police. The Metro School Police have law enforcement duties on Metro school property and I think they investigate truant students, but I am not sure about that. Also you will see school crossing guards. They are part of the Police Department. There job is to make cars slow down in school zones and to
Another type of "police" you will encounter in Nashville is the Vanderbilt Police and maybe other college police. By an agreement with Metro, they can write traffic tickets and they have other police functions. Don't argue with them and say, "Well, you are just a campus police and I'm not a student and not on campus." They can arrest you. There authority stretches beyond the campus boundaries.
You may encounter the Berry Hill Police or the Belle Meade Police. Nashville is one big city that covers the whole county but we do have these little cities within the city. These police from Berry Hill really are police. Also, much like campus police, they can enforce law near to but outside their city limits. Anyway, you probably won't know where the city limits are of these small cities. Be aware that the Berry Hill police are very particular about people driving over the speed limit in their city, so be careful.
In addition to local police you may encounter others with police powers. In Tennessee we have the TBI, and the Highway Patrol. Also, Wild Life Resource Officers and Park Rangers and several other people authorized to make arrest and enforce some laws. Don't get caught fishing without a license or a Park Ranger or a Wildlife Resource Officer or Fish and Game Warden may give you a ticket or maybe arrest you. I am not sure exactly what duties they have. I am not sure if Wild Life Resource Officers are the same as Fish and Game Wardens or not, they may be a different name for the same thing. Even a native born American and a citizen of the State of Tennessee is not always certain who can do what.
There are also lots of Federal law enforcement agents you may encounter. There are thousands and
In addition to the big Federal law enforcement organizations there are dozens of other agencies, maybe hundreds, with limited law enforcement authority. The Department of Agriculture has the Office of Inspector General (USDA OIG), the United States Forest Service (USFS), U.S. Forest Service Law Enforcement and Investigations (USFS LEI). That is just Ag; Commerce Department has a bunch of gun-toting uniformed organizations under Commerce authority. The Internal Revenue Service (IRS) has there own armed force. the EPA and Social Security have an armed force. In my view we have too many armed federal agents. If an agency of government has a military-style police force, they will find an excuse to use it. I think people should be able to deal with their government without being intimidated. I know all of this about the military units of different bureaucracies is a lot of information and hard to keep up with it all. Don't even try.
Sometimes these Federal police agencies act like the police in authoritarian countries. On August 24th, 2011, a SWAT team of about 20 federal agents armed with high-powered weapons raided the Gibson Guitar factories in Nashville and Memphis. They detained people without charges, and confiscated property and treating people like terrorist. They were not looking for undocumented people but for undocumented wood. Why it took a 20-person swat team intimidating and terrorizing people when one guy with a summons dressed in a business suit could have done the job is beyond me. That should not happen in America, but it does. (link)
Each branch of he military has its own police which usually just concernx itself with military people who are misbehaving, but they may be authorized to enforce traffic laws near their military base. If you are in the vicinity of Fort Campbell, you may encounter the Fort Campbell Military Police.
Sometimes, "police" or not really police but get away with acting like it. Back in 2010 - 2013 Metro Government tried to stamp out emerging alternatives to taxi and limousine service. The city had a price-fixing scheme and arcane regulations designed to protect then current transit companies from competition. To stamp out the emerging competition, the city used police-state-like tactics. The Transportation Licensing Commission acted like police-state gangsters, illegally impersonating police officers, illegally using blue lights, writing tickets on phony trumped-up charges and intimidating and threatening drivers of the independent private car services. Many of the drivers of the independent car companies were immigrants and some came from authoritarian countries where the police are feared and corrupt. They were more susceptible to "police" intimidation than native-born Americans. This tactic of intimidation and illegally impersonating police was exposed, got national attention and ended. (link) You will probably never encounter something like this but just be aware that it does happen.
There is a whole other type of police that are private police. There are private investigators who often work for attorneys in civil and criminal cases and do things like try to catch a cheating spouses, or investigate fraud, or serve summons. They have to be licensed by the state. They are often armed. I don't know if they carry a badge in Tennessee or not. They are not official government law enforcement officers but they know the law. A special type of private investigator is insurance investigators who investigate false insurance claims.
Another type of private police is those who work for alarm or security companies such as ADT. Some patrol neighborhoods in gated communities or patrol large industrial areas. Also, they respond to monitored alarm system alarms. They look like police and drive what looks like police cars. They are usually armed and are licensed by the State but they are not real police.
The most common type of private "police" you will see are the mall cop or big department store cops or the "police" you see at music or sporting events. These are often called "rent-a-cops." They protect the public from people who would rob them or commit violence, deter crime, and do crowd control. I don't think they really have any police authority. Some of the "police" you see at things like sporting events really are police and working these events is there off-duty job. An off-duty policeman is still a policeman with all of the powers and authority he would have working on-duty.
I am not an expert on the exact authority each type of "police" have. This is just a quick explanation. The point of this essay is to explain that not every person performing policing duties is a Metro Nashville Police Department policeman. The mayor seems to think that that is what immigrants believe.
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Thursday, June 15, 2017
Nashville mayor sends letter to head of ICE about immigration enforcement
Astute political observer and influential political activist Rick Williams posted this to Facebook today. I concur.
Mayor to ICE: Stop posing as police, undermining trust in Nashville Kurdish community
Nashville mayor sends letter to head of ICE about immigration enforcement
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Wednesday, June 14, 2017
JOINT STATEMENT FROM TNDP AND TNGOP CHAIRS ON THE HORRIFIC ATTACK IN ALEXANDRIA, VA
Nashville, Tenn. - June 14, 2017 - Mary Mancini, Chair of the Tennessee Democratic Party, and Scott Golden, Chair of the Tennessee Republican Party, released the following joint statement on the shooting in Alexandria, VA:
Today’s attack on United States members of congress, their staff and all in attendance was horrific. Violence can never be tolerated in a civil society. The Tennessee Democratic Party and the Tennessee Republican Party condemn this and any act of violence for any motivation. We are thankful for the courage of the Capitol Police, whose presence and quick actions saved countless lives. Our thoughts and prayers are with Congressman Scalise, the other victims and their families.
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Liberty on the Rocks meets Thursday June 15th.
Liberty on the Rocks meets Tuesday, June 15th at Smoking Thighs on Wedgewood Ave. LOR has no program, no prayer, no pledge, no speaker, no dues. LOR is just a group of politically aware, well-informed, liberty-loving people who discuss and argue about whatever topic someone brings up. It may be the news of the day or some esoteric philosophical concept. On some rare occasions we don't even talk politics. Most of those who attend lean more toward the libertarian end of the political spectrum but there is usually a wide range of right-of-center view points represented. The beer is cold and two-for-one in the early evening and the food is pretty good. If you are attending for the first time, I will buy the first beer. Please join us. If you can't make this one, plan on attending next month. We meet every third Thursday at 5:30 pm until everyone wants to leave. Most evening wind up by about 9pm but sometimes may go later, but one can come and leave whenever they want. To view the LOR Facebook page follow this link.
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Why I would never join AARP: AARP urges Corker, Alexander to vote against AHCA in new TV ads
AARP is not simply an organization that gets senior citizens discounts when they spend money and publishes a magazine that informs old people about senior health issues and retirement options. AARP is a partisan organization dedicated to advancing a liberal agenda. They support policies that would balloon the deficit and make Social Security insolvent. If you want your senior discount and a place of business has the little AARP logo at the check out counter and you explain that you are not an AARP member but are a senior citizen, the establishment will usually give you the discount anyway. Please do not be tempted to join AARP. It is for political activity such as this that I would never join AARP: AARP urges Corker, Alexander to vote against AHCA in new TV ads.
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Sen. Mark Norris being vetted for appointment to federal judgeship
Sen. Mark Norris being vetted for appointment to federal judgeship
My Comment
Senate majority leader, Mark Norris, although he has not announced he is running for Governor, has been flirting with a run. If nominated for a a federal judgeship, he would most likely welcome the nomination and take himself out of the governor's race.
Earlier this year, State Senator Mark Green, who would have most likely been the favorite of sensible movement conservatives and a formidable candidate, withdrew from entering the governor's race when he was nominated for Secretary of the Army. After controversy arose about a position he had taken opposing men using girls restrooms and some politically incorrect comments he had made, he withdrew from consideration for Secretary of the Army. He decided to not get back in the governors race.
The slate of candidates for governor is dwindling even before the race even begins. With Senator Norris and Senator Green out of the race, the remaining candidates are Randy Boyd, a wealthy Knoxville business man who served as Director of Economic and Community Development under Governor Haslam; Bill Lee, a Williamson County businessman, and Senator Mae Beavers. Both Boyd and Lee would vie for the mainstream establishment Republican vote. Senator Beavers would likely be the favorite of a small but dedicated Tea Party fringe of Joe-Carr-type Republicans.
Other potential candidates who would likely be front runners, if they should run, are U. S. Rep. Diane Black and Tennessee House Speaker Beth Harwell. Both have broad name recognition and either would be the instant front runner should they enter the race. Other big-name Republicans once considering running for governor but now assumed not be to running are Senator Bob Corker and Rep. Marsha Blackburn. Blackburn has said she will not be running and will seek reelection to the House of Representatives.
Another person sometimes mentioned as running for governor is Andy Ogles, director of the Tennessee chapter of Americans for Prosperity. He is not well-known outside the AFP organization but that organization has chapters all across the State. Ogles credentials are thin, mostly having served as a political organizer and working on the campaign of others. I had heard Ogles was considering a run for governor months ago, but have heard nothing about him in some months.
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Monday, June 12, 2017
Rep. Mark Pody says he is vying to replace Sen. Mae Beavers
Rep. Mark Pody is running for Mae Beavers seat who is vacating her seat to run for governor. Rep. Susan Lynn says she's not running for that seat. (link)
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Southeast Nashville Conservatives' Breakfast speaker will be Mae Beavers
From Robert Duvall
To all:
Just quick note related to our meeting this coming Saturday, June 17, 2017, at the Shoney’s, at the intersection of Thompson Lane & Nolensville Road. Please make an extra effort to be there as Senator Mae Beavers will be present and deliver our Keynote address.
Mae will not be able to stay, so our new DCRP Chairman, Melissa Smithson will fill our remaining time with updates on the County Party and upcoming elections.
This will be a great opportunity to meet Mae in person. Please take advantage of such a kind jester as being candidate for Governor can consume all your time and this may be the only chance we get to meet with Mae in person.
Blessing to all, Robert Duvall & Pat Carl
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Sunday, June 11, 2017
Mayor Barry vetoes the legislatiion celebrating the homosexual commuity and Gay Pride week.
Mayor Barry returned unsigned a resolution "celebrating the Lesbian, Gay, Bisexual and Transgender
communities and
their enormous contributions to the quality of life in Nashville and
Davidson County." Returning a resolution unsigned is the same thing as vetoing, but our charter does not use the term "veto." 
Mayor Barry officiates a lesbian wedding
The mayor has been an advocate of gay rights and has stellar liberal credentials so why she returned RESOLUTION
NO. RS2017-744 unsigned, I do not know. In 2015 when the Supreme Court ruled that homosexuals had the right to marry, Barry issued a statement saying, “Words cannot express the joy I have for so many of my gay and lesbian
friends and family who now have the freedom to marry whomever they
love." Mayor Barry also appointed a transgender "women" to an important position in Metro government and performed one of the first lesbian weddings in Tennessee following the Supreme Courts ruling legalizing homosexual marriage.
The charter states that when a
resolution is returned unsigned that it may be accompanied by a
message indicating the reason for the disapproval. I do not find a
posting of a disapproval message but have contacted the Metro Clerk
seeking a copy of it if one was made. I have also asked the mayor's office for an explanation for the mayor's disapproval. A mayor's disapproval of a bill or resolution can be overridden by 2/3rds vote of the Council. Here is what the Charter says about a Mayor's disapproval of legislation:
The mayor is authorized to approve or to disapprove ordinances and resolutions adopted by the council and no ordinance or resolution shall become effective without his approval except as herein provided. Every ordinance or resolution adopted by the council shall be presented to the mayor for his consideration. If he approves, he shall sign the same, and it shall become effective according to the terms thereof. If he disapproves, he shall return the same to the council without his signature, which return may be accompanied by a message indicating the reasons for his disapproval. Any resolution or ordinance so disapproved shall become effective when subsequent to its return it shall be adopted by two-thirds (2/3rds) of all the members to which the council is entitled, with the ayes and noes and the names of the councilmen voting for and against the same entered on the minutes. Every resolution or ordinance shall become effective unless the same be approved or disapproved by the mayor and returned to the council at or prior to the next regular meeting of the council occurring ten (10) days or more subsequent to the date when the same was delivered to his office for consideration.(Sec 5.04)
Below is a copy of RS2017-744 showing it was returned unsigned.
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