Friday, February 6, 2009
A New Trend? Elected officials, cities and states Opting Out from obeying federal and state laws?
"AWOL Army soldier, Cliff Cornell, deported from Canada, booked into Whatcom County jail and awaiting release."
Cliff Cornell fled the U.S. Army four years ago for British Columbia, Canada when his artillery unit was ordered to serve in the Iraq war.
On Wednesday, Cornell was deported from Canada, arrested in the United States and booked into the Whatcom County jail.
Locals are holding vigil outside of the jail right now until 1 p.m."
Some city residents are calling to have Bellingham designated a "Sanctuary City" where law enforcement officers will be discouraged from picking up AWOL soldiers.
Which raises an interesting question: can cities, counties or states "opt out" from cooperating with state or federal arrest warrants, or other state or federal laws?
If so, does that mean that individual citizens or states can hypothetically "opt out' of obeying laws that they find inconvenient or morally repulsive? For example, that ugly speeding ticket you got last year? Or, that huge IRS bill that's due on April 15th? Is this a legitimate or legal form of political protest?
Granted, Governor Gary Locke and the Washington State Legislature ignored a ballot Initiative that re-structured education spending to create smaller classes, so I guess the unthinkable does happen!
And, a number of cities across the nation have created "Sanctuary cities" to protect illegal immigrants and AWOL soldiers.
In fact, A blog called ThreeSources.com based in Colorado proposed to run a ballot initiative to declare the state of Colorado a "Sanctuary state" from federal taxes. Here's the excerpt -
"Colorado, like many states, has a referendum process for creating laws that the people want even when our "representative" government doesn't. On this, the 92nd anniversary of National Democrat Day, I'm officially announcing my plan for the establishment of Colorado as a "Sanctuary State."
A ballot initiative will be drafted, with all the legal provisions and protections that can possibly be envisioned to protect the measure from court challenge, resolving that "Until the United States government reforms the income tax system to a flat rate consumption tax and ceases redistribution of individual wealth through its myriad agencies and department, any and all residents of the great state of Colorado shall be exempt from compliance with any and all federal income, medical, retirement or other such taxes are are now or may be levied in the future."
OK, so it needs a little work, but you get the idea. This is the seed. If Austin and Los Angeles and cities like them can be sanctuaries for 20 million illegal immigrants, Colorado can be a sanctuary for 5.5 million people to own their own property without threat of appropriation. If the cowards in San Francisco can officially disobey a non-existent federal law, we can show them how to disobey laws already on the books.
Tax revolt? You bet. Let's get something done. NED knows if we leave it up to "representative" government the only interests that will be represented are, the government's."
http://www.threesources.com/archives/002666.html
Apparently, the practice of anarchy is cool...
Val Kilmer considers New Mexico Governor's seat in 2010
Val Kilmer is considering a run for the governor's seat in 2010, when Democrat Bill Richardson's second term ends.Patriot Coal to Pay $6.5 Million to Settle Clean Water Act Violations
The settlement includes the third largest penalty ever paid in a federal Clean Water Act case for discharge permit violations. In addition, Patriot has agreed to extensive measures designed to ensure Clean Water Act compliance at its mines in West Virginia. The consent decree includes innovative and heightened operating standards which should serve as a model for the coal mining industry in Central Appalachia.
"This settlement represents a very important step in making sure that the coal mining industry is in compliance with the Clean Water Act," said John C. Cruden, Acting Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division. "It will benefit the citizens of West Virginia and helps make sure that the Mountain State's streams and rivers are not damaged."
"This settlement continues to set the bar high for the coal industry and Clean Water Act enforcement in general. Today's settlement reiterates EPA's commitment to maintaining clean and healthy waterways," said William T. Wisniewski, acting Regional Administrator for EPA's mid-Atlantic region.
In a joint complaint filed concurrently with the consent decree, the United States and the State of West Virginia alleged that Patriot violated its Clean Water Act permits more than 1,400 times -- representing over 22,000 days of violations between January 2003 and December 2007 at its mining complexes in West Virginia. During this time, Patriot and its subsidiaries allegedly discharged excess amounts of metals, sediment, and other pollutants into dozens of rivers and streams in West Virginia. Excess discharges of these pollutants can significantly harm water quality and aquatic life in West Virginia's streams.
As part of the settlement, Patriot has agreed to implement extensive measures to prevent future violations and to perform environmental projects, at a total estimated cost of $6 million. Specifically, Patriot will develop and implement a company-wide compliance-focused environmental management system including creating a database to track information relevant to compliance efforts; conduct regular internal and third-party environmental compliance audits; implement a system of tiered response actions for any possible future violations; and conduct annual training for all employees and contractors with environmental responsibilities. The company will also perform five stream restoration projects in local watersheds and perform assessments of mining impacts on aquatic life.
With corporate headquarters in St. Louis, Patriot owns and operates 16 mining complexes in West Virginia and Kentucky.
The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Department of Justice Web site at: http://www.usdoj.gov/enrd/Consent_Decrees.html.
Wednesday, February 4, 2009
Governor Gregoire's Budget Calculator
“This exercise gives people an important understanding of the difficult choices our state government must make when dollars are scarce.”The interactive tool will allow users to change spending levels in several policy areas until the budget gap is eliminated. As users click through the calculator, they’re encouraged to keep an eye on the bottom line to see how their choices affect the budget.“With this budget calculator, you may find different priorities among various programs,” Gregoire said. “Your feedback is important. If you don’t like a budget decision, I want to know how you will fix it. What would you sacrifice instead?
The budget is a work in progress, and my proposal is the first step in a long process that will continue in the Legislature in the coming months.”After a user has created a balanced budget, the user can submit personal budget ideas to the governor.Gregoire proposed her 2009–11 state budget last month, closing a projected $5.7 billion shortfall through a combination of program reductions, suspension of state employee, teacher and care worker salary increases, pension changes, increased federal contributions and use of the state’s rainy day fund. Gregoire’s proposed budget leaves a $508 million ending balance, which includes $100 million in the rainy day fund.
Gov. Gregoire's Budget Calculator
Tuesday, February 3, 2009
Here we go again...
Second, Greg Kirsch really needs to find a new hobby. His articles attacking private citizens and elected officials are totally out of hand.
Check out his latest post attacking Pete Kremen and County Council members. http://www.nwcitizen.us/entry/the-significance-of-insignificance
Before we go any further - I would like to acknowledge a couple of facts:
1. No matter how many ways Mr. Kirsch tries to spin it, the County Executive is not personally responsible for every "growth-related evil" that has taken place in Whatcom County.
Past County Councils and County Executives approved land use decisions based on previous public policy and land use laws.
Like it or not, we are living with the consequences of those decisions. Finger pointing and assigning blame to current elected officials does not further our goal to cooperatively find solutions to growth-related problems. *
GMA Background:
In 1990 Washington adopted comprehensive growth management legislation by passing the Growth Management Act (GMA).
The GMA requires that cities and counties with growth greater than 20% in the past 10 years, or with 50,000 people + 10% growth over 10 years, adopt comprehensive land use plans. Plans must consider the following elements: the uses of land, existing and projected housing needs, existing and projected public facility needs, existing and projected utility needs, open space corridors, and existing and projected transportation needs consistent with land use.
Localities are also required to define urban growth areas based on 20-year growth forecasts outside of which only non-urban growth is allowed. A locality’s subsequent development regulations must be consistent with the comprehensive plan. Plans may be modified only once a year.
Each County has a plan. That plan also provides for the siting of essential public facilities. Essential public facilities, like the Lake Whatcom Treatment Center, require services from special districts, such as water and sewer service. A facility can be an essential public facility, even if its construction pre-dates the adoption of the GMA.
The GMA encourages Washington localities to use innovative growth management techniques like cluster housing, planned unit developments, impact fees, transfer of development rights, and to form regional transportation organizations.
Developments, like those being proposed for Squalicum mountain may or may not meet permiting requirements.
Mr. Kirsch may oppose the proposed developments, but he does not have the right to prevent the property owners from submitting applications for permits or stopping the County Council from reviewing them.
Granted, the GMA also has a concurrency requirement that can block new development if necessary. Concurrency refers to the timely provision of public facilities and services relative to the demand for them. To maintain concurrency means that adequate public facilities are in place to serve new development as it occurs. The Growth Management Act (GMA) gives special attention to concurrency for transportation...
Please note that the GMA does not prohibit or limit growth in the rural area, just urban growth in the rural area. In addition, Special Purpose Districts (water, sewer, school, port, etc.) planning for the expansion of facilities and services is not required to be consistent with local comprehensive plans.
If Mr. Kirsch would like to see the GMA modified, he should contact his state legislators and ask them to draft legislation to correct actual or perceived inconsistencies in the law.
In other words, the GMA is not the panacea that Mr. Kirsh makes it out to be. Those of us who worked in Olympia and watched this bill evolve over the years know that it contains many glitches that can create growth-related problems for communities.
Blaming Pete Kremen for the majority of growth-related problems in Whatcom County is, well, for the lack of a better phrase, politically immature.
Pay raise:
2. Yes, Pete Kremen received a pay raise - because the Washington State Legislature recently adopted legislation providing Washington Prosecutors with a pay raise.
Whatcom County had an ordinance on the books that stated the County Executive will be paid a percentage of the salary of the County Prosecutor. When the County Prosecutor received a raise, courtesy of the state legislature, our County Executive also received a raise.
The County Council (our elected legislators) did not revise the Ordinance that provided the County Executive with a raise in time to prevent the raise from going into effect.
Like two dozen other states, newly adopted legislation in Washington goes into effect on July 1, of each year, unless otherwise specified. Now, would someone please explain to me how the County Council got bushwhacked by Pete Kremen?
Determination of Non-Significance:
Regarding the DNS. The entire community just experienced a major flood. I know that a number of property owners who live at the bottom of Academy Road and along other portions of North Shore have written or called the County requesting a review of the proposed Squalicum Mountain development in light of recent flood damage from excessive stormwater runoff flowing down through the Academy drainage basin.
To the best of my knowledge, the County has responded positively to our concerns and the concerns of the City. We appreciate the fact that the County is reviewing the initial determination of non-significance and look forward to working with them.
GMA information:
Futurewise review of the GMA: http://www.futurewise.org/resources/resources/GMA_another_look.pdf
GMA Concurrency information: http://www.mrsc.org/subjects/planning/curren.aspxPay to Play? Fact or Fiction?
http://www.maplight.org/ says there’s actually a more pervasive form of pay-to-play going on, (than recent examples like Rod Blagojevich's attempted sale of President Obama's former Senate Seat) and it’s completely out in the open in legislatures around the country, and on Capitol Hill.
They say the fact that politicians routinely accept campaign cash from corporations and other interest groups naturally earns those contributors favors when it comes to crafting and voting on legislation. Specifically here in Illinois, Maplight.org points to the Payday Loan Reform Act passed nearly unanimously, and signed by Blagojevich in 2005."
Listen or read the article on Chicago Public Radio: http://www.wbez.org/Content.aspx?audioID=31450
WEA to pay nearly $1 Million for Rights Violation
Evergreen Freedom Foundation tells us in the January 09 edition of Living Liberty, that "This is one of the largest campaign finance settlements in state history. Eight years ago the Evergreen Freedom Foundation filed a complaint with the attorney general against the WEA for using non-member teacher dues for politics. Teachers are required to pay dues regardless of whether they join the union, but state law required unions to get permission first before using their dues for politics. The case went all the way to the U.S. Supreme Court, but it was a long road. After EFF filed its complaint in August 2000, the union admitted to “multiple violations.”
Then-Attorney General Christine Gregoire filed a lawsuit, and a trial court judge imposed a $590,375 penalty on the union. Subsequently, a group of teachers, represented by EFF and National Right to Work, filed the Davenport class-action lawsuit to recover their improperly-spent dues (named for lead plaintiff Gary Davenport)."
The rest of the post can be read here:http://www.effwa.org/files/pdf/1_NL_09.pdf
