Don’t Like the Message? Don’t Blame the Interpreter!

 

There’s an ongoing debate in Neosho’s world of politics as to the planned uses of the city’s voter-approved Economic Development sales tax.  Some want to spend it.  Some want to save it.  But it boils down to a two-fold issue: WHAT CAN it be used for and the WHAT SHOULD it be used for.  To get from point A (what can) to point B (what should), I’ve taken the approach of starting at A and then working toward B (vs. the other way around).  While it seems logical to me, some aren’t so happy.

The tax, last approved by voters around 1995 is authorized by state statute.  Specifically, it was passed by Neosho voters using the statute found under Chapter 94 Section 94.577 of the Missouri Revised Statutes.  (If you want to look it up, you can on the www.moga.mo.gov site.)  While the current online section varies slightly from what it read in 1995, nothing material has changed to affect its application here.  (I know what because I’ve spent several hours since April researching each of the city’s taxes to ensure we were using them correctly.  This included several faxes, email, and phone calls to Jefferson City requesting a number of documents.)

The debate begins with the current administration taking a cautious approach on interpreting the statute that enables the city to collect the voter-approved tax.  It reads, in part, that the tax “…shall be used solely for capital improvements….”  Now I’m a fairly capable guy when it comes to basic interpretation of the law and the use of common sense.  It doesn’t take a PhD from Harvard to know what “shall” and “solely” mean.  The word “capital improvements” is also fairly straight forward.  I’ve said recently in a local newspaper that the meaning (of the statute) was “pretty clear”.  The city attorney used similar language in the same article saying it was “pretty obvious”.  Either way, it think the city has done the “right” thing to be conservative on its approach in using the funds moving forward.

One negative consequence of the decision (combined with other fiscal issues in the city) was the termination of the city’s Economic Development contract with the local chamber of commerce.  It was an unfortunate happening as losing that “ED” focus could make Neosho less able to compete for industries and other businesses looking to expand in the 4-state area.  But given the alternatives, i.e. more cuts in areas such as police and fire, we didn’t really have a choice.  (To clarify, I believe all of the city’s ED committee understood the reasons and supported the city’s decision to cut the Chamber contract.)

But what is more concerning to me now is that some have hopes that the city will at some point “change its interpretation” of the statute to allow for a great flexibility in the fund’s use.  Say what?  How do you “change” the interpretation of seven words that seem so clear in their intended meaning?   Isn’t that a little disingenuous?

Well, for the record, I stand by the city’s interpretation of the statute.  The city administration and the council will work through the fallout.  Eventually, we’ll be back on track to be able to do more with the resources we have.  But for now, we’ve got to get a firm hold on doing what is necessary to protect the city’s remaining services and resources until this economic slow-down passes.

I’ll leave you with the full version of my quotes related to this issue that appeared this week in the Joplin Globe.  Like the statue, I think they are “pretty clear”.

Excerpts from the November 25th Joplin Globe article:

Mayor Richard Davidson said the current financial situation has raised “little immediate support” for any economic project that requires the city to incur additional long-term debt. “To me, there are simply too many uncertainties in the current economic climate right now,” the mayor wrote in an email response to questions. “We need to see some good news on job growth along with increases in consumer confidence before such projects become a priority. Today, we’re simply not there.”

“Good or bad, you have a statute that is pretty clear in what you can and can’t do with the revenue,” he said. “This council is simply working to make sure we comply with the restrictions we are given by the state. I’m not happy about not funding the chamber contract, but I think it was the responsible thing to do given the circumstances. Other basic services in the city were a priority.”

No Slow Down Here

Driving in any direction from where I am now and you'll see a Chinese economy that continues to grow.  New building projects, including infrastructure, commercial and residential, continue to spring up everywhere.  In fact, the growth is so strong that the Chinese government is working to help slow it down and help ease concerns over inflation.

Just this week, the Chinese government increased the reserve rate for large banks 0.5% to 18.5%.  The increase is the fifth this year and the second this month alone.  Increasing the rate reduces the amount of capital in the market that is available for lending, thus (hopefully) reducing the number of future projecs by reducing the amount of money available to fund them.  The increase will freeze almost $45 billion USD in liquidity.   

The government has also jumped into the residential property market by limiting the ability of a Chinese person to own a second home.  This action is intented to help with the steep increases on real estate (due in part to speculation) which some estimate will increase as much as 80% this year alone in some markets.

Throw on top of that a continuing fear of inflation for food and materials and China has some challenges ahead.

While the intra-China growth shows no sign of slowing, the business climate for those supplying goods to the US isn't so rosy.  Many of the factories I've been to this week report slow orders for the last quarter and some hint that the US has taken a "double dip" in terms of its slowing recovery. 

iPhone Shutter Effect on my Propeller

This image is looking forward in my Bonanza with the propeller turning at 2300 rpm. I'm not sure why the image looks as it does, but it was an interesting photo.

Printer Salesmen Beware

As is typical with our government and its reactive nature, last week's printer bomb scare has forced new rules for airline passengers. You can no longer carry a printer cartridge in your checked bags or your carry on (no really!)

Here's the official policy:

Toner and ink cartridges over 16 ounces will be prohibited on passenger aircraft in both carry-on bags and checked bags on domestic and international flights in-bound to the United States. 

Whew. Glad to know the TSA is on top of things. I just hope there are no more underwear bombs. Flying commando would not be good. 

Neosho’s November Sales Tax Receipts Down

November’s tax payments from the Dept. of Revenue for sales tax collections were down from the same time last year.  November’s receipts on the 1% general sales tax were $128,398.  That compares to $140,440 in November of 2009.

For the first two months of the fiscal year that began October 1, receipts are down 4.5% vs. last year. 

For the last 12 months, receipts are down almost 2% compared to the prior year’s collections. 

Hayes Execution was the Right Decision

I can think of very few crimes where my immediate response would be to send someone to death row (and the sooner the better), but the circumstances surrounding the murders of a Connecticut woman and her two daughters is one of them.

I applaud the jury’s decision to send Steven Hayes to death row.  Justice can’t come quick enough for that evil monster. 

Kids Make You Proud

I almost forgot to post my daughter’s trophy from her hunt during youth season.  She nailed the 8-point buck out of a ground blind at about 25 yards. 

The best part of the story?  Prior to the kill, I was browsing the internet on my iPhone when I heard “Dad, there’s a deer and it’s got horns.”  Glad to know someone was actually paying attention.

Globe Vents About Sunshine Law…Again

Today’s Joplin Globe editorial took at shot at MSU for alleged Sunshine Law Violations uncovered during a state audit.  The alleged violations were listed in the October 2010 report released by the auditor’s office.  The report also includes responses from MSU’s leadership disagreeing that their actions were actual violations.  But that’s not why I’m writing this.

While criticizing MSU, the Globe editorial board also took a shot at other governmental boards says that Sunshine law violations were “disturbingly common” and “almost routine” with city councils, school boards and Boards of Governors.  (I’d tell you it’s not so in Neosho, but that’s just my opinion.)

What appears to be at issue is how a body lists a planned “closed” session and, specifically, does listing in advance more than one of the allowed closed-session topics imply that those topics will actually be discussed.  I’d say “Yes - probably, but….”

Regardless of what is listed in the agenda , the specific reasons for entering must be included in the minutes.  In fact, the Sunshine Law requires that “members must cite in open session the specific statute and subsection allowing closure”.  So regardless of how many items are listed on the agenda (which is really a best-guess of what will be discussed), the minutes of the actual vote will reflect why and under what section the meeting was actually closed.

I took time to review minutes from recent Neosho council meetings and without exception, the council ALWAYS listed the specific Sunshine law 610.021 subsection that applies.  So with that, the public will have a written record to know what topic was being discussed during a closed meeting.

As to the Globe’s assertion that using the entire list as a placeholder “just in case” is wrong, I’d agree - that is pushing the limits and should be corrected.  But to imply that such actions are “common” and “routine” by all governmental bodies is well over the line and only serves to further degrade an already low level of trust that citizens seem to have in their elected officials.

Also implying that residents wouldn’t know what was actually discussed would be wrong because the minutes require such a list to be recorded (and voted on by each council member.)

PS – If you really think something has been violated, seek judicial enforcement as the law allows and put the burden on the body to to demonstrate compliance.  And also remember that “knowingly” or “purposely” violating the law can result in fines to those that do it.