Olfactory KC - To Heck with Folgers - Let's Come to Our Scents

Kansas Citians are disappointed to hear that the Folger's Plant will be decamping to New Orleans. Some PR opportunists are even mounting a futile Facebook campaign to get the plant to stay, and thousands of the gullible have joined. Kansas City doesn't want to lose that aroma.

Viewed correctly, this is not a civic loss, it is a civic opportunity.

Kansas City could be the first major American city to choose its own scents to match its mood. And we could do it for a minuscule fraction of the money that we spend on other schemes that produce far less obvious results.

The science of scents has progressed a long way, and Kansas City could be unique in embracing the opportunity presented. With a few industrial sized scent diffusers placed strategically throughout the city, we could choose our scent day by day, to reflect our mood and our agenda.

There are thousands of choices. Imagine the scent of gunpowder filling the air on Independence Day. Cotton candy when the circus comes to town. Horse manure on days when the Jackson County legislature is in session. Sulfur when the Raiders are in town. The possibilities are endless.

A quick online check shows that you can easily find thousands of scent varieties for $120/gallon - you could probably get it cheaper if you did it by competitive bidding. Figure 20 gallons of this potent stuff sprinkled throughout the downtown loop would be a heavy dose - we might be able to get by with less. Multiply that by 365 days a year, and you come up with a total of $876,000 - an embarrassingly small total for a civic initiative in this town. Add in the capital cost of 20 gigantic scent diffusers, (I don't know - maybe $10,000 each?) and you barely clear a million dollars - civic chump change. We could even repurpose those Sky Stations . . .

Compare this to the millions and millions we're spending on the Power and Light District, and you will see that we can replace Folgers' aroma at a fraction of the cost, and there wouldn't be racially-charged dress codes to deal with. And maybe, if we're lucky, this investment would distract those city council people who are foolishly considering a disastrous multi-million dollar risky investment in a useless downtown convention hotel. (Something smells really bad about that deal.)

5 Reasons I am Voting NO on COMBAT

I will be voting NO tomorrow on the extension of the COMBAT tax. I've struggled with this decision, but a vote for COMBAT is a vote for arrogance in County government. Here are my reasons.

1. County Government Cannot Be Trusted with a $20,000,000 Slush Fund. Make no mistake - County government has cleaned up its act over the past several years, but the lack of news coverage focusing on it has caused it to care less and less about the public trust. For instance, the committee that handles the COMBAT funds has 2 out of 3 members with genuine criminal records - crimes centered on financial misdealings. I acknowledge that voters of a district can elect who they want, but for the Legislature to place those two people on a $20,000,000 committee seems to be an intentional poke in the eye to those of us who care about good government.

2. The Vote Yes Campaign is Trashing Our County. The utter contempt that the bigwigs have for those of us who live here in their fiefdom is shown on the latest "vote Yes" mailer. On it, in a bright orange box, is a quotation from a recovering addict - "Without COMBAT, Jackson County would be like Iraq . . . with drugs." In an age where our County and City are trying desperately to lure business, tourism and Johnson Countians to our community, the politicos are conjuring images of bomb craters and shell casings. It is irresponsible, dishonest and frankly disgusting to issue such a statement, and I cannot imagine rewarding such behavior with a "yes" vote. If for no other reason, caring Jackson Countians should vote "no" as a rebuke to everyone involved in this effort.

3. $800,000 Timing Mistake. Why are we having this election now, when the tax does not expire for another 17 months? Because some backroom politicians decided that holding a special election now, at a cost of $800,000, would be a clever move at keeping turnout low, rather than holding the vote during a regular election. It's arrogance, people - we're voting tomorrow because some bigwig decided we should, and damn the taxpayer expense.

4. COMBAT Funds Get Wasted. Now, let me be crystal clear on this - the vast majority of COMBAT dollars get spent on good programs for great reasons. But some of it gets wasted - like paying a thousand dollars for a blogger to put a sticker on his car. The fact that one of our best legislators was criticized for being "picky" when she questioned the expenditure of a thousand tax dollars further illustrates just how uncaring our legislature is.

5. If We Vote No, We'll Get a Better COMBAT. Here's the key to the whole thing - we have 17 months to get COMBAT fixed and then get it approved by the voters. Right now, if you ask questions about how the program is being administered and what the plans are to improve it, you'll be told that they're working on it, and are in the process of revamping everything. "Trust us, we'll make it better." Yes, they really do hope and believe that Jackson County voters are dumb enough to trust that the legislature will make improvements after they get their way. This is the same crowd of legislators that fought Ethical Home Rule for almost 6 months. Let them make their changes first, and then come to us for approval.
________________________________________

As a responsible citizen, I cannot in good conscience vote for the renewal of the COMBAT Tax at this time. I am not blind to the good it has accomplished, but one would be hard pressed to spend $20,000,000 every year without accomplishing some good. I want something better, and I think the Jackson County legislature deserves a rebuke, not a reward. I will vote NO on COMBAT.

Is the End Near? - Day 149 of the Jackson County Ethics Blackout

Finally, after almost half a year in an ethical wasteland, the Jackson County legislature is reportedly prepared to accept Ethical Home Rule. Amusingly, Tarwater and Rizzo are pushing for the new deal. “We’re going to put ourselves under the ethics code,” Rizzo said in an interview. “But it will take a unanimous vote of the commission to eliminate one of us.”

The news of the yet-unwritten deal came (not coincidentally) on the same day that the Ethics Commission Selection Committee came forward with a panel of 5 new people to serve on the commission. Janet Blauvelt, Karen Graves, Fred Mills, Myron Sildon, Gwendolyn Washington will make up the new Ethics Commission, and it looks like the Selection Committee did a fantastic job of recruiting and choosing solid people. I know and admire two of the Commissioners.

It remains to be seen whether the entire Legislature will go along with the proposal. Early in the process, Scott Burnett drew a line in the sand over the false issue of "double jeopardy" by both the County Ethics Commission and the Missouri Ethics Commission. Most citizens accept the fact that they are subject to multiple levels of oversight, but Burnett somehow felt that he should be exempt. Fortunately, the rest of the Legislature disagrees with him on that point, and he apparently stands alone in his absurd claim that two levels of ethical oversight amount to "double jeopardy".

Ultimately, this is a good day for Jackson County, though it's a major loss for many of the members of the legislature. Rizzo and Tarwater will probably lose their seats over their efforts to eliminate Ethical Home Rule, and Scott Burnett's term as Chair of the Legislature has been forever tainted by the half-year-long ethical blackout. If it hadn't been for a few citizens who stood up to the good-old-boy network, they might have succeeded. In fact, they still could succeed - until the deal is passed by the legislature, only a fool would trust in their willingness or ability to do the right thing.

Thanks and congratulations should go to Pat McInerney for his quiet and determined leadership on this issue.

Make Way for CONVICTS in Public Office!? - Day 142 of the Jackson County Ethics Blackout

From Jefferson City comes an extremely troubling rumor - a Kansas City area Democrat is rumored to be attempting to remove laws barring felons and federal criminals from serving in elective office.

Right now, laws on Missouri's books attempt to prevent convicts from holding elected office in Missouri.

115.348. No person shall qualify as a candidate for elective public office in the state of Missouri who has been found guilty of or pled guilty to a felony or misdemeanor under the federal laws of the United States of America.

115.350. No person shall qualify as a candidate for elective public office in the state of Missouri who has been convicted of or found guilty of or pled guilty to a felony under the laws of this state.

Unfortunately, the first law has been held unconstitutional because it was passed as part of a bill that violated the "single issue" rule for legislation. It was additionally found unconstitutional because, back in 2006, Missouri criminals were not prevented from serving in elective office, and it violated the equal protection clause of the Constitution. That flaw was subsequently remedied by 115.350.

The long and short of it is that we need our Missouri legislators to pass a new and clean version of 114.348. Instead, rumor has it that a Kansas City Democrat who has ties to James Tindall is working to loosen up the rules against criminals in elected office. Those rules laws need to be tightened, not loosened.

A lot of weird stuff gets passed in the late hours of a Missouri legislative session. Please, let's not use the legislative process to clear the way for more convicts in elective office for Missouri.

Influence-Peddling and Failed Ethical Oversight - Day 123 of the Jackson County Ethics Blackout

Jackson County legislators have influence. With a few words, a handshake, or a backroom meeting, they can change the fortunes of a company, an individual, or a nonprofit organization. On a small scale, they do stuff like give a friend a thousand tax dollars to put a sticker on his car. It's an expensive form of fondness, but they're only spending our tax dollars, so who cares?

On a large scale - well, we don't know how large a scale their corruption has achieved. We hear that close friends have been hired. We have money getting siphoned into expensive arts programs that employ friends and benefit few. All of this money gets divvied up in backrooms to "certain outside agencies" with only cryptic messages offered to the public. And please don't forget that a majority of the committee that controls the COMBAT money has a criminal record, and one of the criminals on the committee is using county resources to falsely claim that he is the Chair of that committee.

Plainly stated, when you have shady dealings involving county money, legislators who are overstating their own influence and a complete absence of local ethics enforcement, the situation is ideal for influence peddling. This whole situation stinks to high heavens.

In a closely related development, press reports claim the FBI has been conducting an investigation into influence-peddling in Jefferson City. Apparently, the Missouri Ethics Commission, a "toothless" body that "takes too long to investigate complaints and announce its conclusion, and is too timid about fining lawmakers found to be in violation of ethics law", has failed to keep a close eye on the legislators down the hall.

Believe it or not, this toothless, timid and ineffective oversight is exactly what the County wants for a watchdog. The legislators, including Dan Tarwater, Henry Rizzo, Scott Burnett and Denny Waits, have loudly claimed that they don't need Ethical Home Rule, because they are also supposedly "watched" by the MEC - a group that has allowed things to slip so badly that the FBI is stepping in.

Meanwhile, the Jackson County Legislature has exempted itself from the Jackson County Ethics Commission's oversight, and, in the face of legislative hostility and probable litigation, the Jackson County Ethics Commission remains completely vacant.

It is hard to overstate the degree of danger Jackson County government faces. It really, truly has convicted criminals (Tindall and Rizzo) on its legislature, controlling millions of dollars. The legislature has exempted itself from local ethical oversight, in violation of the County Charter, and submits only to a toothless, ineffective and timid entity that is housed miles and miles away.

If influence-peddling is happening in Jefferson City, what do you think is going on in the halls of Jackson County Courthouse?

Join the Jackson County Ethics Commission - Day 112 of the Jackson County Ethics Blackout

I recently spoke with one of the County legislators most resistant to Ethical Home Rule. Not only did he attack the concept of local oversight, he even had the gall to attack the future ethics commission. "Do you really think Sanders is going to appoint people he doesn't control?", he whined. That vile little attack on the process came from someone who agrees with the appointment of criminals to be a majority of the Anti-Drug Committee.

The fact is, Mike Sanders will appoint whichever 5 nominees that the Ethics Commission Selection Committee delivers to him. Mike Sanders has been above-board through this whole process, and is the prime mover behind the move to articulate the very Ethics Code that the Jackson County legislators are excluding themselves from. Unlike the Jackson County legislators, Mike Sanders is not foolish enough to maneuver himself into a battle against ethics. It takes a special kind of stupid to fight against Ethical Home Rule in Jackson County, and Sanders doesn't suffer from that kind of stupid.

Unfortunately, the Jackson County Ethics Commission Selection Committee is facing a few problems in finding a properly balanced slate of candidates to submit to Mike Sanders for appointment. The application "deadline" has been extended from the end of February until whenever they can get a great slate of candidates they feel confident will carry out their duties impartially and diligently. Here is the application, and here are the qualifications. The application is a simple online form and the qualifications are minimal.

If you read this blog, and live in Jackson County, you probably qualify to be a member of the Jackson County Ethics Commission. Stepping up and serving now would give you a chance to learn more about how the County works. More importantly, you would be playing an important role in the return to Ethical Home Rule for Jackson County.

Hint - while the Charter requires that "no more than three commissioners must be from the same political party", there is no restriction that you must belong to either of the major parties. Seems like this would be a great way for one of those third parties to get somebody involved in actual government . . .

Won't you consider going online and filling out the short application? If you will not or cannot, do you know somebody who might be waiting for a call from you to get involved? Would you please make that call?

I promise to continue the fight to bring Ethical Home Rule back to Jackson County, but the fight is meaningless if we can't find 5 citizens to serve on the Ethics Commission. The criminals on the Jackson County Legislature and their secretive colleagues are quite happy to allow the Ethics Commission to remain unfilled. They need our oversight.

Day 102 of the Jackson County Ethics Blackout - the CCP Calls for Ethics for All!

Yesterday, over at Blog CCP, the Committee for County Progress issued the following press release:

COMMITTEE FOR COUNTY PROGRESS
P.O. Box 10462
Kansas City, Missouri 64171
info@committeeforcountyprogress.org


For immediate release:
March 18, 2009
CONTACT: Pat McInerney
(816) 983-8364
pat.mcinerney@huschblackwell.com

CCP Calls For Uniform Application of Jackson County Ethics Code

The Committee for County Progress, Jackson County's oldest political organization, today called on the Jackson County Legislature - and all Jackson County elected officials - to make themselves subject to the Jackson County Ethics Code enacted earlier this year by County Executive Mike Sanders. Following enactment of the code by Sanders, the legislature passed the code as an ordinance but exempted themselves from its provisions. By executive order, the code currently applies only to the County Executive.

"It's only right that every elected official should be bound by the new ethics code," said CCP President Pat McInerney. "Because they set the ethical tone for the county, the idea that there is one set of rules for elected officials and another for everyone else really undermines the idea of having an ethics code at all. The new Ethics Commission should immediately review the Ethics Code and recommend whether it will apply across the board or just to some. The code may need other improvements, but exempting the people elected to represent us is not the way to start."

McInerney said he expected the legislature to abide by the code and predicted that, once resolved, the ethics code issue would not be a campaign issue in 2010. CCP has been involved in previous Jackson County charter issues - urging and passing a measure reducing the number of legislators from 15 to 9 in 1985 - and has been a voice for progressive and open government since its inception in 1964.

That's good news for those of us who care about good government.

Day 100 of the Jackson County Ethics Blackout

It's now been over a hundred days since Jackson County has had functioning Ethical Home Rule. A hundred days for people like Henry Rizzo, James Tindall and Dan Tarwater to thank their lucky stars that no local authority exists to examine what they are doing with millions of dollars of COMBAT funds. A hundred days of a broken ethics system.

This is how they like it. They think they're winning.

By exempting themselves from Ethical Home Rule, the Jackson County legislators have abandoned one of the key tenets of Jackson County government. As wise commentators here have pointed out, principles of statutory construction probably make their monarchic attempts to place their ethics beyond scrutiny legally ineffective - but, until we have a panel of brave citizens with the courage to fight the kind of fight that Rizzo and Burnett and the rest of the anti-Ethical legislators will fight to free themselves from scrutiny, it looks like we will have no functioning Ethical Home Rule in Jackson County.

Have they really won, though? In reality, they have lost more than they know.

First, almost all of them will face vigorous challenges in the 2010 elections. Rizzo will lose his election. Tarwater will lose his election. Tindall will lose his election. Burnett, Spence and Waits will face stronger challenges than they've ever seen, and two of them will lose their seats in races defined by ethical issues. Arbanas will attempt to handpick a successor, but his seat will go to an experienced politico running on a pro-Ethical Home Rule platform.

Second, they may well lose the COMBAT tax in the next reapproval election. By funneling all the money through a committee with a majority actually found guilty of financial crimes, they have undercut confidence in the administration of the COMBAT tax. It's a terrible shame, because the COMBAT tax accomplishes much good in our community, but, even if we weren't in the midst of an economic crisis, nobody can expect Jackson Countians to ignore the potential of massive corruption coupled with a refusal to accept Ethical Home Rule.

Third, they will lose the Ethical Home Rule battle anyhow, but not until they have destroyed their own credibility and electability in the process. Whether it's through the work of a few brave legislators who could bring this issue up for a reconsideration, or through a brave Ethics Commission taking on the battle of standing up for the Jackson County Home Rule Charter, or through a revision of the Charter to make it even more explicit that our legislators do not get to prevent their own ethical oversight, or even through an initiative petition, Ethical Home Rule will be restored in Jackson County.

Finally, the scrutiny is not going to stop. Now that we've hit day 100, I will be scaling back my Jackson County Ethics Blackout coverage to weekly updates on the misdeeds of the Jackson County legislature. There's plenty of material to do a daily piece, but there are other topics I want to cover in this blog, as well. By doing a weekly piece, bolstered by more time to do a few Sunshine Law requests and some insider interviewing, I'm hoping that less will be more.

Jackson County Legislature Extraordinary Secrecy, Without Ethics - Day 99 of the Jackson County Ethics Blackout

When a legislative body sttempts to exempt itself from an Ethics Code, and to deny the Charter-granted right of its citizens to oversee its ethics, the wisest course of action is to start with the assumption that they are up to something untoward. No benefit of the doubt goes to those who insist they are above the scrutiny and accountability they would impose on others.

In that light, yesterday's hijinks at the Jackson County Legislature ought to be raising eyebrows. Chair Scott Burnett introduced a last-minute resolution calling for a closed meeting, excluding the press and citizens from knowing what the Legislature is up to. Typically, such resolutions are introduced at the meeting preceding such an extraordinary action, but this one was introduced and acted upon without normal notice. The exception to the Sunshine Law relied upon by the Legislature was RSMo 610.021(1) - "Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys."

The Jackson County legislature is lawyering up again? What is it this time? Is somebody trying to explain in simple terms to Henry Rizzo that the City is under no legal obligation to spend $2,000,000 on public safety rather than entertainment for suburbanites? Are Tarwater and Tindall fighting it out over the disputed chairmanship of the Anti-Drug Committee? Is yet another federal investigation for corruption focusing on the Jackson County Legislature - a fresh chapter in the rich history of Jackson County crime and corruption?

We can only guess at what went on behind those closed doors. We can be certain, however, that the Jackson County legislature has exempted itself from Ethical Home Rule, and now it feels the need to have emergency meetings about secrets.

Is that the type of government Jackson County deserves?

Tarwater's Tape Exposes Rizzo - Day 98 of the Jackson County Ethics Blackout

As promised earlier, a videotape of Dan Tarwater grandstanding on the stadium issue may be found here. In watching the performance again, it's hilarious to see Henry Rizzo spring into action and attempt to nail down the legal obligation of the City to make a donation to cover Jackson County's commitment of funds. Rizzo flails away, asking awkward question after awkward question, until, finally, Tarwater admits that there is no legal obligation for the City to divert two million dollars from public safety into suburban entertainment.

Even the County Counselor was dodging Rizzo's questions, not wanting to make him look like a fool in front of everyone. Nice try, but when Rizzo gets on a roll, there's no stopping him.

Sadly, truth may have emerged on the tape when a legislator from outside of Kansas City pointed out that several Kansas City Council members are willing to join in the diversion of funds and sell out Kansas City. Any Council Member who votes to give away $2,000,000 during our budget crisis will demonstrate that s/he is on the side of Henry Rizzo and Dan Tarwater.

Who is Dan Tarwater Working for? - Day 95 of the Jackson County Ethics Blackout

In the March 9 meeting of the Jackson County Legislature, Dan Tarwater usurped the role of Inter-Governmental committee members and abandoned the economic interests of his constituents. And he accomplished all this misbehavior in only 6 minutes.

An amateur video appeared in the comments of one of my prior posts, but I won't embed the video here because its producer has marred it with a title which engages in childish name-calling.

In the video (I will link to the official video when it is available), Dan Tarwater goes off on a rant about the Mayor's position on stadium financing. While it's kind of disturbing that he has his facts wrong, I wouldn't expect straight talk from someone who has sought to avoid Ethical Home Rule. Sadly, the dishonesty of my County Legislator is neither interesting nor surprising.

What is surprising, though, is that he uses his tirade to attack the interests of his own constituents. Dan Tarwater's district covers a large number of Kansas Citians, who are bearing the burden of double taxation (actually, triple if you count the State money) for the Sports Complex. Those of us in Kansas City pay both as Jackson Countians and as Kansas Citians, to support the same cause.

As a representative of Kansas Citians, Dan Tarwater owes us a full measure of representation. Instead, he abandoned us and got caught up in an inter-governmental spat between the city and the county. In an "us" versus "them" battle, Tarwater foolishly believes that he is on the side of the County as an entity, when, in fact, he should be representing the interests of his constituents. I can understand that as a Jackson County legislator, Tarwater would prefer not having to face the struggle of having to replace the $2,000,000 that the County signed a contract for (but not the City), but not at the cost of having his constituents facing double taxation.

Dan Tarwater should be representing his constituents, not the Legislature.

It's easy to see how someone without intellectual rigor could miss this point, and perhaps that is why Tarwater was not chosen to serve on the Inter-governmental Affairs Committee, and ought not to be injecting himself into that committee's role, anyhow.

SHUT UP! County Blocks Gone Mild? - Day 92 of the Jackson County Ethics Blackout

A funny thing happened with my hit counter yesterday. I had my highest count in a month, thanks to links from Tony's Kansas City and the Prime Buzz Blog Watch, but there were no hits at all from the Jackson County Courthouse. It seems I've been blocked!

I've always had my fans at the Jackson County Courthouse, and I have never NOT had hits from there on a workday since - heck, I don't know. 2005?

I must have gotten under somebody's skin, I suppose. Fortunately, they haven't blocked me from access to their site, so I can still get access to their agendas and keep an eye on who's lying about what committee he's not chairing. For the moment, they are free of local ethical oversight, and heaven knows the Star refuses to do an adequate job of covering County issues, but others are starting to pay attention.

Personally, I think it's a waste of time to block websites. When City Hall blocked Tony's site, they used the excuse of his penchant for pictures of scantily clad women as an excuse, but everyone knows it was a ham-handed and failed attempt to reduce his influence. I don't know what excuse the County may be using to block Gone Mild, but it can't be bikini models . . .

Dave Helling Beyond Satire

I've made sport of Dave Hellings' inability to do simple math and everyone agrees that his hilarious hand-wringing about the demise of the Democratic Party after a triumphal primary season was an unintentional masterpiece of cluelessness.

Dave Helling doesn't produce much copy anymore, but when he does publish something, it often carries that special glow of obtuseness that makes real political observers stop in their tracks and say "Huh?".

Yesterday's gem was this - Kansas City should raid its general revenue to support the stadiums because that is the same as Johnson County giving money. This is the actual title of Hellings' piece - and, no, I haven't altered it to make it seem more ridiculous - "End of $2 million stadium subsidy could let JoCo off the hook for ballparks".

Because Johnson Countians pay a portion of the earnings tax. Which goes into general revenue.

Absolutely incredible. The Kansas City Star actually published that analysis.

By the same analysis, the City can bestow the benefits of Bistate funding anywhere it redirects general revenue by laying off enough police officers and cutting enough basic services.

It's genius! If Kansas City uses every nickel of its money to support things that suburbanites like, a new Age of Aquarius will dawn, and regionalism will reign over the unpatrolled and unpaved streets of Kansas City. That's the way things work in Hellings' world.

Who's Chairing the Anti-Drug Committee? - Day 91 of the Jackson County Ethics Blackout

According to every official document I have seen, Dan Tarwater chairs the Anti-Drug Committee, a powerful committee that controls the $21 million COMBAT tax. As the only member of the committee who does not have a rap sheet for financial crimes, he is probably the least inappropriate person of that committee to be in charge.

Why, then, is James Tindall claiming to chair the Committee, and using County resources to publicize that claim? Is it an attempt to convince inattentive outsiders that he is more influential over the dollars than he truly is?

Of course, it's probably just a mistake. But, with the County Legislature fighting hard against Ethical Home Rule, and with an Anti-Drug committee consisting of two people with financial rap sheets, it's dangerous to assume that things are on the up-and-up.

Until the legislature accepts Ethical Home Rule, it does not deserve the benefit of any doubt.

Why is James Tindall using county resources to claim he is chairing the Anti-Drug committee?

Theresa Garza Ruiz WAY Ahead of the Game - Day 89 of the Jackson County Ethics Blackout

Yesterday, I wrote about Theresa Garza Ruiz standing up against the "old dogs" on the Jackson County Legislature in her latest newsletter. It's an impressive act of political courage, and one which I believe will draw her favorable attention.

Perhaps even more impressive is that Theresa Garza Ruiz had the foresight to write about Ethical Home Rule months before the Jackson County Legislature decided to exempt itself from local ethical oversight. Way back in July of 2008, Theresa Garza Ruiz wrote a fascinating history of the development of Home Rule from the 18th Century up until present times. You should really go read it if you want proof that all our county legislators are not knuckleheads installed by dying political machines.

She also outlines the crux of the issue that consumes county-watchers during this Ethics Blackout:

The Ethics Commission is part of our county charter. In order to change any portion of our charter, it must come before the voters. The commission’s ability to thoroughly investigate a complaint is well within its power and is outlined in our home rule.

With that quotation, Garza Ruiz warned the legislature not to embark on its current path toward monarch. They ignored her, and now we are stuck without an Ethics Commission and with a public opinion of our legislators that has sunk to sewer level.

Why in the world is Theresa Garza Ruiz not the Chair of the Legislature? We would be in a far better position if she were . . .

(Honestly, I hadn't intended to do a post today, and was planning on saving this piece until a weekday, but an old friend sent me a link to this awesome Cobra, so I couldn't pass up the opportunity to use it.)

Theresa Garza Ruiz Gets It - Day 88 of the Jackson County Ethics Blackout

Yesterday, I received an e-Newsletter from Theresa Garza Ruiz, the Jackson County legislator in the first district at-large seat. Her newsletter included the text of a column she wrote for The Examiner, expressing her feelings about her vote on abandoning Ethical Home Rule for Jackson County.

Theresa Garza Ruiz agrees that the Ethics Blackout is wrong, and she call on the "old dogs" to fix it. It's a wonderful piece of writing, and signals hope that significant change will be coming to the dark underworld of the Jackson County legislature.

Ms. Garza Ruiz writes:

For far too long, Jackson County government and "ethics" have been somewhat of a running joke throughout the metro area. Honestly, when were these two items used in a good light in the same paragraph, let alone the same sentence?

In spite of the progress the county has achieved in the past few years, I can understand why critics are skeptical on whether our hearts are truly into overhauling the rules that govern us. In my book, the fact that a Jackson County ethics code was even passed speaks volumes, but then I'm optimistic.

When decent people are faced with having to compromise due to situational choices, then an ethical dilemma has been presented. Ethical dilemmas can involve right-versus-wrong situations or right-versus-right situations - also known as no-win situations.

So, there it is. The ethics code is not perfect.

In an of itself, the admission that the code is imperfect is what I would call "Praising with faint damn". By excluding the legislature from Ethical Home Rule, the County Legislature has undercut the Jackson County Charter and established a arrogant, almost monarchic attitude toward ethics in Jackson County. "The ethics code is not perfect" is kind of like writing "The economy is not perfect" or "The intelligence on Iraq was not perfect."

But, thank goodness, Ms. Garza Ruiz was just getting warmed up. She next turns her focus on the wretched good-old-boys who have long viewed Jackson County Government as their fiefdom and family employment agency: "With no disrespect intended, as that old saying goes, 'you can't teach an old dog new tricks.' Not that it's impossible, it just takes time." So far, its been 88 days of time trying to get the old dogs on the Jackson County Legislature to learn the new trick of being ethical. Seems like Ms. Garza Ruiz is getting impatient in her role as the "dog whisperer" of ethics.

Finally, Ms. Garza Ruiz ends on two high notes:

The ability for any Ethics Commission to deal credibly and forthrightly with the issues that come before it depends on a governing body's willingness to reform its own ethical rules and behavior. As I said before, greater scrutiny and public awareness can help set a higher standard and force change from our leaders and our governmental institutions. In the end, no matter what's on the books, it still boils down to personal integrity.

As for the ethics commissioners who resigned, I was disappointed upon hearing the news. It was a good group of solid, decent, hardworking individuals dedicated to upholding the public interest.

In those two paragraphs, Ms. Garza Ruiz draws a line in the sand and dares her fellow county legislators to remain on the wrong side of it. Where Dan Tarwater attacked the citizens who served, and Dennis Waits accused them of playing politics, but Ms. Garza praises them. Old dogs snarl and bite when people want to look inside their doghouse, but friendly dogs welcome them.

More significantly, Ms. Garza Ruiz sets out the terms of the changes she seeks. By speaking of "a governing body's willingness to reform its own ethical rules and behavior", she is saying that the bogus reforms being bandied about by corrupt insiders that do not result in Ethical Home Rule will be insufficient.

It is wonderful to see an elected official embrace - even encourage - scrutiny of the Jackson County legislature designed to "force change from our leaders and our governmental institutions." It's going to happen, and Theresa Garza Ruiz is going to wind up on the right side of Jackson County history over this issue. Ethical Home Rule will return to the Jackson County Courthouse, and the smart legislators are getting on board.

Thank you, Theresa, for the leadership and encouragement. We're glad you're not joining of the pack of old dogs.

Cozy Cash Committees Closely Controlled - Day 87 of the Jackson County Ethics Blackout

Why are the "Big Money" Committees on the Jackson County Legislature controlled by only 5 legislators?

Why are 3 legislators (Theresa Garza Ruiz, Greg Grounds, and Fred Arbanas), excluded from the three committees (Anti-Drug, Finance & Audit, and Budget) that have the most financial influence on Jackson County (Anti-Drug, Finance & Audit, and Budget)?

Dan Tarwater serves on all three of the Big Money Committees. Theresa Garza Ruiz serves on none.

James Tindall (convicted of income tax evasion) serves on two of the Big Money Committees (Budget and Anti-Drug). Greg Grounds serves on none.

Henry Rizzo (convicted of providing false information to a financial institution) serves on two of the Big Money Committees (Budget and Anti-Drug). Fred Arbanas serves on none.

It can't be based on experience, because Fred Arbanas has been on the County Legislature since it started.

It can't be based on knowledge, because Theresa Garza Ruiz is completing a Master's Degree in Public Administration with an emphasis on Government Business Relations and Public Management.

It can't be based on qualifications, because Greg Grounds has over three decades of government and business experience, including a stint on the Jackson County COMBAT Commission.

It can't be based on public trust, since two of the Financial Five (controlling 4 of the seven seats on the Budget and Anti-Drug committees) have criminal records for financial improprieties, while none of the other three have rap sheets.

It just doesn't make sense. Any auditor knows "there is safety in numbers", meaning that you should have as many people as possible involved in oversight of financial matters - a rule that would apply with special force where some of individuals involved have been caught and convicted of financial improprieties.

At the same time this bizarre and unsettling committee structure was being set up, the Jackson County Legislature decided (in violation of the Charter) that it should not have to answer to the Jackson County Ethics Commission anymore.

Why does the Jackson County Legislature oppose Ethical Home Rule? Is there Big Money involved?

Retraction Regarding Criminal Dominance and Influence on the Jackson County Legislature - Day 86 of the Jackson County Ethics Blackout

A couple days ago, I referred to the Jackson County legislature as "dominated by criminals". A commenter questioned my description, and, to be completely fair (as always), the legislature is not necessarily, in fact, dominated by criminals. It is, however, influenced by criminals. And, in its infinite wisdom, the legislature has chosen to appoint two of its legislators with rap sheets to a three person committee handling every nickel of the COMBAT Fund, which gives those individuals unusually strong influence over the disbursements of the Legislature.

So, I'd like to retract my previous statement about the Jackson County legislature. I am not sure it is 100% fair to claim that it is dominated by criminals. Instead, I would prefer to make the 100% accurate claim that "In boom times or tight times, though, one thing remains constant - the Jackson County Legislature is scandalously under-regulated, influenced by criminals and defying local ethics oversight."

My apologies for any confusion.

Tarwater Vulnerable? - Day 85 of the Jackson County Ethics Blackout

It has been 15 years since Dan Tarwater was first elected to the Jackson County legislature. I remember the election well - it was my first exposure to how slimy Jackson County politics can be. Tarwater cruised to a victory over a young lawyer named Matt Davis, partially by recruiting a woman named Mary Davis to appear on the ballot as M. Davis. Tarwater was part of the Bill Waris operation, and Matt Davis was like that brave student in Tiananmen Square, only the tank didn't even slow down.

Since that time, Tarwater hasn't faced a serious opponent. According to Missouri Ethics Commission reports, it's been well over a decade since Dan Tarwater has raised more than $500 to support a campaign. Even in 2008, when other unchallenged politicians were raising money for their more embattled friends, Tarwater sat on the sidelines and only made token contributions to a couple organizations.

While Tarwater was a tank in 1994, 15 years can gather a whole lot of rust. Since that time, he has gathered bad publicity in the form of a brawl with another legislator, on-again-off-again bribery issues asserted by former Chair Katheryn Shields concerning COMBAT funds (he's the only one on the Anti-Drug Committee who hasn't been convicted for criminal financial behavior), and he's given his aide lavish bonuses from county funds. Et cetera.

Now that Tarwater has come out aggressively against Ethical Home Rule, he has made himself an attractive target for a spirited campaign in 2010. I've heard rumblings that some budding politicos in the south Ward Parkway corridor are talking to friends about running on a pro-Ethical Home Rule platform.

Here's a map of the district. Take a second and think about all the good people in that district, who could really bring something fresh and positive to the Jackson County legislature . . .

They Want to Win When They Lose? - Day 84 of the Jackson County Ethics Blackout

While the Kansas City Star assiduously avoids mentioning it, there's gold in the Jackson County Courthouse. $678 MILLION dollars are being doled out in Jackson County's 2009 Budget, which is actually a reduction from the prior year. In boom times or tight times, though, one thing remains constant - the Jackson County Legislature is scandalously under-regulated, dominated by criminals and defying local ethics oversight.

That makes the Jackson County Legislature a playground for lobbyists. Two out of three members of the committee that handles the $21 million dollars of COMBAT funds have criminal records for financial crimes - a majority with a rap sheet! And both of those individuals (Henry Rizzo and James Tindall) have voted against local ethics oversight.

If you ask a County Legislator about the Ethics Blackout, he or she will likely lie to your face and claim it's no big deal, because the Legislature is covered by the Missouri Ethics Commission. It's apples and oranges, though - the Jackson County Ethics Code includes important provisions ignored by the State Ethics Code. As pointed out earlier during the Jackson County Ethics Blackout, the Missouri Ethics Commission doesn't even prevent our brawling legislators from showing up to meetings drunk or stoned!

Another, more profitable, difference between the Jackson County Ethics Code and the Missouri Ethics Code is that Missouri has no provision about former legislators coming back to lobby their former colleagues, while the Jackson County Ethics Code includes a prohibition against former elected officials profiting off of old backroom favors for a year.

In short, if they lose their next election, they want to be able to cash in on the cronyism and corruption that they have fought to preserve. They know who to ask and where to apply pressure for COMBAT funds, and they want to be able to sell that knowledge to the highest bidder when they finish their "public service".

That's only one of many reasons Jackson Countians must defeat the Jackson County Ethics Blackout, and why the criminal element of Jackson County government is fighting so hard to fight Ethical Home Rule.