On Aug. 4, about 50 protesters marched on Mooresville's town hall, demanding in part the resignation of Assistant Town Manager Erskine Smith.
Some people believe commissioners should have disciplined or fired Smith while he was interim town manager -- not only because of his actions during the Cops for Kids fiasco, but for his role in every major town scandal since 2002.
“Everything this man has touched has been mud,” said one Mooresville resident to Commissioners Chris Carney and Miles Atkins at the town-hall meeting on Wednesday. “In a private industry, he would not have survived five years.”
Smith was interim town manager for seven months, from February to September 2008 -- a period of time, we've come to learn, when he had a tremendous amount of job security. Why? Because even if commissioners would have fired him, Smith would have simply reverted back to being the town's assistant manager. And commissioners have no authority over the assistant town manager position; only a town manager can take disciplinary action against the assistant manager.
In the month from Aug. 4 until Town Manager Steve Husemann came on board Sept. 2 -- and thus Smith reverted back to assistant town manager -- commissioners took no disciplinary action against Smith.
But we learned on Wednesday that at least two commissioners -- Carney and Atkins -- did look into it. What did they learn? "There was nothing we could do," Carney said simply.
After realizing that their hands were tied, Carney said he and Atkins compiled an "extensive report," detailing several years of questionable activity by Smith as assistant and interim town manager. “We’ve placed it in the hands of our (town) manager,” Carney said.
“We might not have any say” regarding Smith's employment, Carney added, “but it was the right thing to do.”
The Town of Mooresville pays Smith almost $106,000 a year. The question was asked on Wednesday: does the town really need an assistant town manager?
Atkins said he ran that question by Husemann, who indicated that the position is valuable because of the manager's workload.
However, Husemann did not have an assistant when he previously managed a town similar in size to Mooresville, said Atkins. Instead, he had "extremely strong department heads" that mitigated the need for an assistant.
Now it's your turn to "sound off." Does the Town of Mooresville need an assistant town manager? Why or why not? How do you feel about the way our assistant town manager handled the Cops for Kids fiasco this summer? Do you believe he should have been disciplined for his role in the matter?
Subscribe to:
Post Comments (Atom)
Posts
103 comments:
It may very well be true that "commissioners have no authority over the assistant town manager position", but what they DO have authority over is whether that position is funded. Logic dictates that if somebody like Erskine Smith is allowed to stay in his position, it is because our elected officials have ultimately chosen to allow him to stay by continuing to put his salary in the yearly budget, despite his long-term poor performance.
The bureaucrats such as Huseman are always going to choose to have as many positions as the elected leaders will fund. It is up to the elected leaders, as stewards of taxpayers' money, to eliminate positions that are clearly not necessary. Any logical organizational structure in a town the size of Mooresville would have each department head reporting directly to the town manager, thus eliminating the need for a $106,000 a year "assistant".
I'm interested in the report that the two commissioners compiled about Smith. Wouldn't it be a public record? Can we see it?
Maybe Steve needs an executive assitant that makes less than $106K a year; they would still do more than Erskine. He's useless like Frank Rader.
$106,000 A YEAR? Are you KIDDING me? For WHAT? If he makes that much why the hell did he have a surveyor pay his golf fee for a TOWN (police department) fundraiser? Good grief, Erskine.
2:49, that's what Janet Pope (town clerk) is for. But yeah I agree that we're better off getting the town manager an "executive assistant" rather than having an influence peddling political parasite like Smith siphoning over a hundred grand a year off of that position.
Erskine wasn't qualified for the job when Joe Knox and Rick McLean made it up for him and he still ain't qualified for the job. We never had a so called assistant manager until Knox and Mclean decided to cook up the position for him so that he could carry on their legacy. Things didn't quite work out that way because of all the scandals. But we ended up inheriting Erskine. He just doesn't belong up there poor sap. This whole town's going in another direction from what he's used to.
Here's my proposal:
I think we could justify an assistant, but not Erskine and not at that salary. This is just my opinion, I'm not a politician. Let's replace Erskine with an individual of our choosing, then we need to rewrite the town's ploilicies where that position also "serves at the pleasure of the town board."
With the combination of a revised or at least enforced code of ethics I think we might be OK until the Recall proposal can take shape and become reality.
Folks, you truly overlook the impact one person can make. Don't ever discount your worth or your voice.
STAND UP, SPEAK OUT AND BE COUNTED.
By the way, early voting starts tomorrow at the town library at 10 AM., Mon. the 20th.
Do we need an assistant town manager? I don't know. Do we need Erskine Smith? HELL NO.
Great idea. Let's boot Smith out. That would leave a very lucrative position open that could be filled by some other very qualified brother or sister of a commissioner. That would of course be just a coincidence or should I say just another coincidence.
And Jaime, posting two new threads of two very old issues is a very thinly veiled method to distract folks from the MDC question that is still to be properly addressed or answered. I am very disappointed the objectivetivity of your journalism. If you only want to represent a certain faction, just come out and say it. Don't play games with people and claim to be a crusader for the poeple when you are working very hard addressing your own agenda.
Steven Husemann has apparently indicated that the assistant town manager position is "valuable because of the manager's workload." The operative word here is "work", something very foreign to Smith. Anybody who has ever tried to "work" with Smith has seen very quickly that "work" is not what Smith does. Angling, scheming, and doing a couple of elected officials' dirty work, maybe, but "work" - no.
Maybe Atkins can find a relative the city can hire.
Hey 10:44, glad you are still posting. Even those in an extreme minority and who are simply wrong such as yourself are entitled to express their opinion. However, if you wanted issues addressed that you are concerned about, you should have shown up and asked them to Atkins and Carney yourself instead of continuing to make insinuations in your anonymous posts. And, by the way, anybody's brother or sister would be better than the guy who is currently assistant town manager, except for the fact that it is a totally unnecessary position. So what is your position on whether or not Mooresville should have an assistant town manager? Or what is your position about an assistant town manager who takes expensive favors from people who have business before him? How about talking about some of those issues. I think you've made it clear how you feel about Atkins, Gatton, the Homsleys, etc. How do you feel about Gatton outing the crooked police chief--got any issues with that? Or do you contend that she just made that up out of thin air? The MDC hiring has been addressed ad nauseum in this blog this week. Do you have any additional points you want to make? Or do you want to keep making the same point over and over. Maybe you ought to see if you can gather up a group and march on town hall next month if you are so incensed. Of course then, you might have to show your face.
Can we rename the new threads that have popped up over the past 3 days:
"Getting back to basics" to "Stop picking on my friend Kim Atkins"
and
"Sound Off: Are town officials too cozy with developers? " to "Let's really stop talking about my friends"
and
""Sound Off": Do we need an assistant town manager?" to "I'm really trying to change the subject to keep anyone from talking negatively about my friends the Atkins"
Thanks
We don't need and never needed an assistant town manager. All governments add positions and give benefits very freely because they can tax the people and take what ever money they want. We should also stop giving perks like taxpayer funded cars and gas to city employees, especially to employees who live out of town and do not have to pay our high tax and water rates. Mileage should be paid on their own veichles for town business only and not driving back and forth to work. Cut the pork, cut the waste. That is what the hard working taxpayer has to do.
Hey 10:44.............how about you since you spell so well.....
Since it has clearly been established by Ms. Gatton and the investigattons that the entire ToM is corrupt and lead by people with personal agendas I must agree that the Town does not need an assistant town manager. In fact, there should be no town. Instead of looking to establish a recall the residents of this community should be looking into disolving the town.
Dear 2:46, we should just merge with Charlotte. All those infavor?
Erskine reeks of self-entitlement. He is a chameleon who adapts to whoever is supposed to be supervising him and rides their coattail until they, too, suffer the consequences of his shadiness and incompetence. Then he just latches on to the next victim. That is his modus operandi.
Forget who fills the position now. Do we NEED an assistant town manager? Not no, but hell no! A town our size can be effectively ran by a professional manager and high quality department heads. If the new town manager feels that the department heads are not capable of performing thier duties fire them and get some that can. I am sure that 106k could be spread over these departments to intice high quality applicants.
Prosecutor Not Resting After Illegal Gambling Convictions In NC
Play Now with Playboy Bunnies!
In North Carolina, there is an illegal gambling case that has been going on involving ex-police officers. The case was thought be closed last week when former Buncombe County Sheriff Bobby Medford and four of his officers were sentenced in the crimes.
Assistant U.S. District attorney Richard Edwards, however, believes that more charges will be filed in the ongoing case. The case stems from an illegal video gambling operation that was being overlooked by Medford and the other officers.
"There is at least one party I anticipate an indictment coming down on," said Edwards as the sentencing ended last week. The belief is that it is another sheriff that will be arrested.
Video poker machines have been a hot topic for police agencies around the country. They have been busting restaurants and bars that have been offering the games to their customers. Gas stations and quick marts have also been targeted by the police.
In this case, Medford was bribed into allowing illegal video gambling to take place. Up until 2007 the machines were legal in North Carolina, but a new law changed that in July of last year.
October 15, 2008
Posted By April Gardner
"There is at least one party I anticipate an indictment coming down on," said Edwards as the sentencing ended last week. The belief is that it is another sheriff that will be arrested.
Jon Ostendorff • JOstendorff@CITIZEN-TIMES.com • published October 5, 2008 12:15 am
ASHEVILLE – Signs of the federal government’s wide-ranging investigation into illegal video gambling emerged more than three years ago. Judgement day comes Monday.
Former Buncombe County Sheriff Bobby Medford and three of his former commanders face sentencing hearings that could put them in prison for years, if not life.
A string of other players in a multimillion dollar illegal video gambling network that spanned Western North Carolina also are up for sentencing this week.
But for investigators, it must be fitting that Medford — sheriff for 12 years before leaving office in 2006 — goes before a judge first. He was the prize in an investigation — netting arrests of store clerks, business owners and law enforcement officers — that made for the stuff of supermarket tabloids.
“I don’t think we have ever had anybody go to jail for malpractice in office,” well-known Asheville attorney and civic leader Jack Stevens said. “That is why this is off the charts. That isn’t to say there hasn’t been some malfeasance in office, but standards are different now.”
What was standard for Medford while in office included heavy involvement in illegal video gambling, according to court documents, court testimony and prosecutors’ arguments in court.
A federal jury on May 15 found Medford guilty of extorting bribes from video poker operators.
Big money, big corruption
Almost three years to the day before that verdict, investigators raided a nondescript warehouse off a gravel road near Interstate 85 in Cleveland County, finding more than $160,000 in cash, according to a search warrant.
Some of the cash was stuffed in the ceiling. Boxes of files revealed details of the video poker operation run by Henderson Amusement Inc.
Investigators said the company had 350 machines in North Carolina and reaped $5 million in seven years with video poker machines that made illegal cash payouts in 15 WNC counties.
North Carolina barred cash payouts from video poker machines and made them illegal altogether in July 2007. But businesses across the region kept the machines in back rooms that were turned into small underground casinos.
A single machine could pull down $30,000 a year, by one federal law enforcement estimate.
The Henderson Amusement owners, brothers Barron Sloan Henderson and James Otis Henderson, and 12 others were charged with federal crimes including running an illegal gambling operation, witness tampering and money laundering.
James Otis Henderson is facing six years in prison for running an illegal gambling business and bribing law enforcement officials.
His younger brother, Barron Sloan Henderson, could spend a year in prison for conspiracy to commit money laundering and running an illegal gambling business.
Their company made an estimated $14 million in Western North Carolina with illegal machines, according to the federal government’s case.
The Henderson Amusement warehouse raid led also to the investigation of Demetre Theodossis, owner of a chain of Hot Dog King restaurants, and eventually to Medford and others in the Sheriff’s Office.
Federal agents in a November 2006 raid of Theodossis’ home found $1.8 million stuffed into false walls and dog food containers. He’ll be sentenced this week for running an illegal gambling business and making false tax statements.
Rolling bank
Rolling bank
Inside the Sheriff’s Office, according to the government’s case made in court, Ronnie Eugene “Butch” Davis and John David “Johnny” Harrison, both lieutenants, did nothing but handle video poker.
Guy Kenneth Penland, for the most part, was their assistant. But he also held a spot on the Henderson Amusement payroll, with the job of setting up new gambling locations for a cut of the profits, according to the government.
Harrison had the top poker job first, from 2000 to 2005.
Officially, he was in charge of registering video poker machines — a job given sheriffs before North Carolina made video poker illegal — and handed out the required stickers that made them legal.
Harrison testified against Medford as a government witness. On the stand he said he collected money from video poker operators and kept it in the trunk of his patrol car to give to his boss any time the sheriff needed it.
Davis stepped in when Harrison retired. Federal agents found $18,000 in cash stashed in his basement wrapped in tinfoil when they later raided his house.
He pleaded guilty to everything in the government’s indictment, essentially throwing himself at the mercy of the court.
The government, during its prosecution, said Medford pocketed at least $300,000 in bribes and lost much of the money gambling at Harrah’s Cherokee Casino.
What’s changed?
Medford’s public corruption case follows a string of other high-profile corruption cases involving elected officials in North Carolina.
Authorities in recent years have targeted and won corruption convictions against state Speaker of the House Jim Black and Commissioner of Agriculture Meg Scott Phipps, the daughter of a governor.
And, on the same day Medford faces a judge in Asheville, another North Carolina sheriff will go before a judge in Raleigh.
Former Brunswick County Sheriff Ronald Hewett will be sentenced on a felony charge of obstructing justice stemming from an investigation into corruption and misconduct in his office unrelated to gambling.
Bob Hall, executive director of Democracy North Carolina, said he believes the message is getting through to elected leaders.
“I think there is a heightened awareness that wrongdoing is not only embarrassing, but it winds up putting you in jail,” said Hall, whose Raleigh-based government watchdog group has followed video poker’s ties to public corruption.
Stevens, the Asheville attorney and civic leader who ran for Congress in 1992, said the recent corruption cases show the public won’t stand for backroom deals like it might have years ago.
He said the Phipps case is a good example. She pleaded guilty in 2003 to extorting illegal campaign contributions from carnival vendors seeking to influence the awarding of contracts at North Carolina state fairs when she was elected agriculture commissioner.
“People are held much more accountable, and what people could get away with years ago they no longer get away with,” he said.
“The kind of wink and nod favoritism that public office might get you is becoming more suspect, more problematic,” Hall said. “There is almost like a nervousness about things we used to take for granted as being acceptable.”
Former state Rep. Wilma Sherrill, who resigned from politics in 2006, was one of the most powerful members of the General Assembly as the chief House budget writer. She worked closely with Black and knew both Phipps and Medford.
Medford’s slide into corruption had much to do with the trappings of his office, she said.
Sherrill doesn’t see Medford as greedy, but rather a man blinded by being sheriff.
“I don’t think any one of those people set out to coerce or be corrupt,” she said.
And the corruption cases have had some effect on the public and on lawmakers.
“The fact that we have had right much of this in North Carolina over the past three or four years, I think it has given everyone cause to pause at the polls and cause to pause when they get ready to write the check,” she said. “I really do believe that people expect and are demanding honesty.”
Tic Toc is back! Yeah!!!!!
he has the attention span of a 2 year old.
According to Atkins, Husemann had no Asst. Manager due to strong department heads. That's a big problem here. If you think Smith is a problem, let's investigate our department managers who are also making hefty salaries and ripping us off.
i think we need public review of every hiring decision from Department Heads down to each and every clerk, secretary and police officer. We all need to be part of the process.
The Town Hall meeting with the elected officials was a good step forward. Next, we need to meet with each department and see how we can make improvements
You people in the south got too much time on your hands. There's a war in Iraq, the economy is in the dumps and we're about to elect another incompetent boob as President of the US and ya'll are worried about an Assistant Town Manager. Good God. Get a Job!!!!
Yankee Bob
To Oct 19 @ 10:55, Erskine was not our first Asst. Manager. Tate Mills named Randy Kerr to that position almost 30 years ago. The problem was that Mr. Mills did not give Mr. Kerr alot of free reign or authority. Mr. Kerr soon resigned to pursue other interest. After that, Mrs. Barbara Whittington had the "unofficial" title as Asst. Town Manager.
So what? cut him loose.
Yankee Bob....
As a fellow former Yankee, let me try to explain....we can actually understand the national and global issues you mentioned AND money being wasted a few blocks from our homes. I believe it's called "multi-tasking"....try it....it won't hurt you.
As for the assistant town manager position.....every business I know of is having to re-examine the way it does business in a very tight economy. All these folks are saying is maybe the people spending OUR MONEY should do the same.
I know I got used to seeing my ridiculously high tax dollars pissed away in the north...would you prefer that our local leaders do that to make you feel at home Bob?
I'll pass...
I'll take Husemann's word that he does need help in properly managing the town's business; however, I am more supportive of the way he appears to have managed in his previous positions by having department heads who could provide the support he needs. Given the fact that he has a history of mentoring folks in this style of governmental leadership, I can only expect he'll try to do the same here. However, he can only do what the Board tells him to do, and as we've seen, the Board sometimes needs to hear our collective voices in order to step up to the plate.
2:57 aka, merger:
Listen real carefully now,
HELL NO!!!!!
Hey Jamie,
What do you think about some sort of reveiw by Husemann? Have any thoughts on how they can revamp things?
BTW,smooth sailing
oct.20th, Hey Yankee Bob!
I got out and voted againest Obama today. Have you voted yet? I also did my time lobbying for the Republicans. I've done my part.
Good job Windwalker. Bring the presidential election into the conversation. And the best you can add is that you did your part and "voted against Obama". Shows how much you think of McCain.
The Assistant Town Manager position is just another way to skirt accountability. That position in and of itself has cause problems in this town. It just adds insult to injury when you have somebody like Erskine in that position because he thinks that it is owed to him because of his great grandfather. He considers himself royalty and the rest of us somehow owe him. He truly believes he can just stay on the payroll and do nothing to earn his keep except cook up little schemes with the old guard.
Erskine Smith is an embarrassment to this town. He sits there at meetings loudly chewing ice, and reading magazines under the table. And unbeleivably, nobody chastices him. He is like the big elephant in the middle of the room that everybody tries to ignore is there. I wouldn't mind it so much, if it wasn't for the fact that my hard earned dollars pay to reward him for his worthlessness.
OK, I know this has nothing to do with this particular thread of discussion, but I just have to share with you. In my 2.5 years here in Mooresville I have met several families with children with disabilities. I am attending an IEP meeting tomorrow for an elementary aged child whose teaching team suggested that the mother ship him off to Barium Springs. No data supporting this recommedation. No rationale based on facts.
This is not an isolated case. Folks, we all have to tell our schools that it's not OK to ship out those children who are difficult to handle because they're different. Hell, many of us would be shipped out based on that criteria.
MGSD made a similar recommendation a few years ago, and now ISS is making this recommendation. If I'm learning of this pattern behavior having been here for only 2.5 years, I can only surmise that many other families are facing the same challenges and are being told to ship their children off to Barium Springs.
Larry,
What pretense do you believe your presence is needed at this IEP meeting tomorrow? I assume it is at the request of the family who is a parishoner of yours? And is concerned and wants your pastoral support? If this is the case, then great.
This meeting, if properly set up and the process followed, will have all those associated with this child's education presently in the room. Possibly up to 6-8 professionally trained educators and specialists, and the parents. All individuals who are concerned with the child's best interests.
You will have the teacher(s), many of those who have Master's degrees or other specialty training to diagnose these situations, you will have Administrators, many who have Master's and Doctorate degrees and training to diagnose these situations and coordinate the specialists, you will have therapists or reports from appropriate psychologists or firms that conduct personal studies/testing and give reports to help the child in these situations get help for their future. These therapists and staff of these firms have Master's degrees, with many of them the possibility of Doctor's degrees.
Larry, the term IEP, Individual Education Plan, and its ensuing written documents cover hours of research, observation, reporting, discussing, checking upon test results, and finally recommending the current plan for the individual students success in their present mode of education and place in the social system of which they are presently a part of. These recommendations just do not come out of the air with no data. Properly done and followed through with, this is a system that is designed for the individual student/child for their best well being and ultimately their success to help them survive in our world. This process requires the on hands teacher to individully complete files and state mandated paperwork for this individual student. It is an ongoing process that is constantly updated with files full of results, observations, and processes set up to help the student.
I would have to think that what you are saying about no data or rationale is coming from the parents. Many times the parents at this point are having trouble understanding the process and situation of their child and are not wanting to believe what is being recommended or not wanting to think anything is wrong with their child. It is most always an emotional and trying time for parents.
Larry, their are advocacy groups who monitor these processes that the child goes through, as well as the education systems themselves monitering, so that everyone can be assured that these processes are done in the most professional manner. When their may be a flaw or problem in the system it is usually flushed out and corrected. I hope the meeting goes well for the parents and the child's sake, I hope the teaching team has done it's homework, which is ultimately and in it's finality for the student's best interests.
Green has a 'pattern' that is the most alarming.
Hey Windwalker,
Actually I voted for McCain. I hope he wins 'cause that Alaskian chick is going to be pretty hot in a skirt walking around the Capitol. Makes me want to go to DC.
Yankee Bob.
6:10...
Green does have a pattern that is unusual; he apparently cares about issues but individuals as well.
6:02...
Green doesn't need anyone's permission to attend this IEP meeting other than the parents of the child in question.
You obviously have ties within the school system. A large majority of the personel in the school system are overly educated with no common sense. Because of their degrees they get very upset when anyone questions their authority. Your post well demonstrated this fact. As a parent of a student in the Mooresville school system, I know for a fact that more parents and community members need to be involved in monitoring their activities.
As for your Master Degrees and other such pieces if paper, I saw a black judge being interviewed on tv. He had come from a really rough background and succeeded in braking free and doing well for himself. His advice to other kids that were in the same shoes as him? Go to college and get some degrees. Then go to a shrink and get you head straightened back out so you could apply common sense to the information you learned.
Masters degrees (and all other degrees)are printed on the same material that toilet paper is made from. Neither is worth anything if you don't have enough common sense to use it.
To all the Green bashers who question Green's involvement in so many things...
Most Pastors, Preachers, Ministers in todays churches don't do anymore then they have to. They are a burdon on the church. They get a paycheck and slide by. The apostle Paul knew that it to be important not to be a burdon on those he was trying to serve. He tried to to earn his way instead of doing the minimun and allowing others to keep him up.
1 Thesalonians 2-9: We worked day and night so as not to be a burdon on anyone.
Sound like anyone you know?
Time Traveler
Yankee Bob....
After your comment about Governor Sarah Palin I must request you change your name to "Relocated Bob". As a former northerner you're comments are scaring me....almost as much as the possibility of the Governor being a heartbeat away from the presidency.
Is it too late to look deeper into what Erskine Smith's involvement was in the ridiculous quarter of a million dollar "fee" that Jimmy McKnight got?
Time Traveler,
Green is a busy body and a control freak who must have his hands in everything.
I do hope that the IEP goes well for the family. I hope that they invited him there for support. As a parent, you do not to advocate for your child. Why they didn't ask for an advocacy group instead of Green, I don't understand. I don't think they understand that having Green with them will actually hurt them.
Oh well, good luck.
What Erskine's good at is hobnobbing with people on the golf course and then throwing them town business in return for favors. It's win win for him, lose lose for us.
Most police officers will not even talk about corruption. When they do talk about the subject, the typical comments are made. In an interview with an officer of the McGehee Police Department in McGehee, Arkansas, the officer’s comments were of the same nature. He said that no matter how small or how big, corruption was the illegal way of personal gain. However, he stated that gratuities to the whole department such as free drinks at the local pizza place were not considered corruption because it benefited the entire police force. Although the good cops do not necessarily condone the misuse of power by the corrupt officers, the brotherhood of law enforcement officers keeps them from condemning the illegal acts. The good cops usually look the other direction and rarely stop the wrongful behavior. By not exposing the corrupt, officers who do not break the law are in fact corrupt
8:50...
Wwe are in agreement that hopefully everything will go well for the family/child involved. That is the primary concern.
Have a great day.
Time Traveler
Time Traveler,
Agreed. I just hope that Green's presense does not work against them. I'm wondering what credentials/training Green may have had in special education.
11:40...
Sometimes compassion and common sense can be a valuable influence when determining a childs/persons future. Education is great, but when used alone it can sometimes become too mechanical.
That's one of the great things about this BLOG. There are those who are well versed in legalities and those who have a very strong "blue collar" common sense. I think both are more valuable when used together.
Time Traveler
Another thought...
Law enforcement officers are a great example of a joining of legalities and compassion and common sense.
An officers job is to enforce the law. Period. However, that enforcement has to be tempered with compassion and common sense. Sometimes when someone is in a position long enough it is easy to start losing that compassion.
A Barney and Andy (Griffith) effect is the result if you have one without the other.
Time Traveler
Published: October 08, 2008 06:35 pm print this story email this story
In pursuit of justice
Bret Burns
By BRET BURNS
District Attorney
This week brought closure to some of the most controversial cases in Grady County history. The corruption cases of Sheriff Kieran McMullen, Police Officer Helen McMullen, Deputy Robert Cacy, Deputy Bill Swanson, Deputy Delmar Barthelme and Police Officer Jerry Tyler have finally come to an end with their guilty pleas to the charges of Willful Neglect of Duty. These individuals were indicted by a Grand Jury in October 2006. Through legal maneuvering they were able to delay the court process for two years. Thousands of dollars in legal fees, court room time and State resources later, the resolution is the same result that I offered before the cases were ever filed.
These cases arose from the peace officers violating the law in the Chickasha Elks Lodge. Many people think this case was about illegal gambling. Let me make it very clear - this case was about a Sheriff, deputies and police officers who thought they were above the law. Gambling was not the primary issue – it was the corruption and cover up surrounding the gambling that followed. No group or individual is above the law. I heard many comments in the community that this type of illegal gambling had been occurring at the Elks Lodge for many years and there was nothing wrong with it. I disagree. The law should apply to everyone equally. If the law is only applied to select individual or groups, we lose the integrity of our justice system. This case was unique because the individuals violating the law were the police officers who were responsible for enforcing the law.
On the morning after the ABLE raid of the Elks lodge, the Sheriff complained to a radio station that the ABLE raid was the result of personal animosity between the Sheriff and the District Attorney. Nothing could be further from the truth. The Sheriff was diverting attention from his own actions. I was sickened to view the officers so openly violating the law and their efforts to cover it up. This whole scandal has embarrassed our county and cast a black cloud over all law enforcement. I work with approximately 35 law enforcement agencies in my four county District and this situation has been embarrassing for us all. There is nothing political or personal about police corruption. I will continue to prosecute any law enforcement officer who violates their oaths of office and then lies about it.
Throughout this case I’ve been threatened and personally attacked. The old saying that “desperate people will do desperate things” has proven true. I have been asked many times why I didn’t ask another prosecutor from another jurisdiction to handle these cases. The answer is quite simple: I was elected to represent the citizens of Grady County and do my job. That means doing the job even when it’s not the most popular thing to do.
This investigation began under former District Attorney Gene Christian and will end with my administration. Although Sheriff McMullen made a mockery of the Grady County Sheriff’s Office, there are still many good and decent people who work within the Sheriff’s department. These are people who diligently performed their duties each day. There have been many other employees of the Sheriff’s office who have failed to do their jobs. As a result, citizen’s rights have been violated and victims of crime have suffered. Further, these same individuals have repeatedly misled the court with false information. The Sheriff lost the trust of prosecutors, the courts and jurors.
With this negative footnote in history behind us, it is time for Grady County to move forward. I have had the pleasure to work with both former Sheriff’s Ron Taylor and Stan Florence. Both these men and their staff’s represented our county with professionalism and integrity. I look forward to a new era for our Sheriff’s office where we can once again have confidence and pride in our Sheriff’s office.
BRET BURNS
District Attorney
The law should apply to everyone equally. If the law is only applied to select individual or groups, we lose the integrity of our justice system. This case was unique because the individuals violating the law were the police officers who were responsible for enforcing the law.
Time Traveler,
Sometimes the heart is blind to facts and can't face reality. By mainstreaming children who cannot handle or are not prepared for it, you are not only hurting that child, but also the other children in his or her classroom. When teachers are spending 30% or more of their time with one child, the other children are hurt.
I have no idea what the issues are with this particular child, so I can't really comment about this particular issue. I just hope that Rev Green uses his pastoral skills and not his bullying skills when joining the family in the IEP. We've seen both from Green.
Good luck to the family.
2:13...
I belive we have both made some good points. As you say, good luck to the family. Thanks for a great exchange of differences. That was refreshing.
Time Traveler
It is obvious that people love Mooresville area, and rightfully so, a beautiful lake; close to the interstate freeway and Charlotte area; great opportunity for employment, and good schools; great growth potential, and great people who come from the North, East, South, and West to make this their home.
So where did all these corrupt government people come from, "HELL"?
It takes voices to bring change. People who vote for new leadership; sending petitions to the United States Attorney Generals office and Senators with your complaints, and when they get 10,000 letters on their office and the media asking them what they are going to do about it, then they will act on the people's voices; have people write, send e-mails and call up the local and national media, ABC 20/20, NBC Dateline and have them come to town to interview that "rotten" DA like in the Duke LaCross case.
Put some of them on television like they did Crone and they will change or get ousted out.
You bloggers keep on blogging and make your voice heard, and you will get the attention.
How do you think that the Bill of Rights were finally past? Martin Luther King marched with people of all cultures and races and demonstrated with signs, and holding meetings just like you good people did to get Crone out of office.
Keep on doing it and the media will come and it will get the attention of the entire United States which these people who are corrupt will not like.
Darkness hates the light, meaning expose the darkness by letting your voice be heard, and wit the media attention, you bring light to the matter.
Then somebody should run an article in the newspaper or ask people to publish their story
on a website where they were done wrong by the government because of corruption in this Iredell County, and to set up petition stations with a petition asking for the dismissal of Gary Frank, and others who "the people" have determined are involved corruption throughout Mooresville, and Statesville.
Government official are to represent the best interest of the people and guide by the laws of the land, and not with prejudice and corruption, the government is the people.
These officials are not representing people, but their own interest, and obviously it is out of hand, so this is the time for "the people" to let their voice be heard, and purging the old leadership, and replacing it with new.
From the Mayors office, DA, Police Chief, and others or those who "the people" have determine
are corrupt and not equitable.
So make petitions, and set up these stations throughout the county, and then let the people
sign the petitions. When you get 50% or more of the town signing it, then people will listen.
Send these petitions and letters of complaint to Washington DC, the State Attorney Generals office, local government offices, the local media, and national media, ABC,CBS, NBC, CNN, and other cable networks, and believe me one of them will come to Iredell County and do the story.
Then these bullies will be exposed!
Then these people will be "forced" out of office,
and then you can replace them with new young leadership.
For example, If I were going to choose a person to seek out for running for mayor in Mooresville, I would asked Mrs. Cynthia Peabody who is a CPA.
She is an accountant which means she knows how to balance budgets and work on a government level with understanding of numbers and regulations being familiar with government; she started her own business from the bottom, building out a office in the Gateway and it has grown successfully; and she likes people, helping people. This is a person who would serve the community of Mooresville, and these are the "public servants"
that are needed to make it an "equitable community" for all to live and enjoy life.
Maybe you know someone who would be a good candidate, and then seek them out and ask them to run.
My good friend who is a United States Marine and was President Carter's presidential pilot said this about the election of Jimmy Carter.
Jimmy Carter never ever planned to run for Presidential office, but the candidates were not representing the public interest of the people.
So one day, he decided "if" I were to run for President what would I do "for the people", what ten things would I do for the people of the United States to make it a better land to live.
He wrote those ten things down, and then decide to share them during a public speech and had a great response and backing of the people.
He then threw his hat into the race, and he began to build momentum by the people. Those who lived during this time remember that he was not the favorite at this time by the Democratic party or machine, but when convention time came he had so many people who had rallied behind him, that they could not ignore him and he was their candidate.
No matter what your political affiliation, His life has represented "the helping of people" no matter what party belief, or cultural background, he represented people.
These are the people that you need in office in Iredell County, not corruption, but individuals who will listen and represent people and usher in positive and equitable change, representing the voices of people because it is these people who represent the town of Mooresville, and are the government.
People are the government, and only people can defeat corruption.
I close with this quote; The only thing necessary for the triumph of evil is for good men to do nothing. --- Edmund Burke
People in Iredell County, you have a voice.
It is your town, not their town, and if they held dear their representation of people, they would make people feel important thru just and humble service, because the greatest leader is a servant, and this is what a government servants are carry out their life, serving the needs of people to form a more perfect union and community and to guide equitably with the laws made by and for people.
Jaime, Mrs. Cynthia Peabody CPA, would make a great town manager with her credentials!
Sounds like Green must have blasted you in an IEP.
Dear 5:30, I never implied that Green was in an IEP. I don't know whether he has or not. Hopefully he could be constructive if he does participate.
10:21
you just want to be like Ike or is it mike?haha...whatever you don't know me I,don't care to know you!
You didn't answer the question since you want to pick on people. What have you done proactive this weel other thatn post an opinion on a blog? I worked for my party. Have you voted yet??
you go, Yankee Bob, since I'm a female I won't chase Palin! That little Stephanopolous guy is hot, but too short. Poor John, he used to be cute. I'll take experience and hutzpah anyday.
So, what are we going to do about Erskine?
Hey Jamie, whatdaya think of Jack's idea? Can you think of a way for a restructuring to take place? Got some fresh ideas?
Yes Jaime, as a stay at home mom, we're just dying for you to come back with how you would like a town of 25000 people structured and managed. It seems you may be best qualified to determine this.
LOL....folding pants at Belk is the only qualificaition that the ToM requires to be manager. Right Erskin?
Equal Justice Under Law
is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. This phrase was apparently first written in 1932 by the architectural firm that designed the building. Chief Justice Charles Evans Hughes subsequently approved this inscription, as did the United States Supreme Court Building Commission which Hughes chaired.[1] The architectural firm that authored the phrase was headed by Cass Gilbert.[2]
The words "Equal Justice Under Law" apparently paraphrase an earlier expression coined by Chief Justice Melville Fuller.[3] In the case of Caldwell v. Texas in 1891, Fuller wrote about the Fourteenth Amendment as follows:
By the Fourteenth Amendment the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or classes of persons of equal and impartial justice under the law.[4]
"To withhold the equal protection of the laws, is to undermine the entire structure and threaten it with collapse.... To deny law or justice to any person is, in actual effect, to outlaw them by stripping them of their only protection. It is for such reasons that freedom and equality of justice are essential to a democracy and that denial of justice is the short cut to anarchy. "
- Reginald Heber Smith, 1919
What is the status with the investigation into Crone's activities? Does anyone know? It would seem that the whole thing is being allowed to die down. How long has it been since the start?
Time Traveler
Time Traveler,
Why don't you call the US Attorney, SBI or any other agency that is involved. I'm not trying to sound confrontational or sarcastic when I ask this question, but do you think the Federal Government, State Government and Town of Mooresville are all in on some conspiracy?
Smith's relationships with developers, golf outings, and trips mostly occured while he was Planning Director. As Asst. Manager he tries to stay under the radar when possible.
It seems that the "hiring freeze" that the town has manufactured will prevent the hiring of a police chief. I suppose that the manager can promote Major Robbins but that will leave an open police position somewhere in the ranks. While I support fiscal conservatism I do not think we need to stop hiring vacant police positions.
In the thread about the public meeting the Right Reverend Green indicatd that a video of the Town Hall meeting – as well as the text of all responses – will be made available online at http://www.cfrgm.org/. When can we expect this to happen?
http://bensguide.gpo.gov/3-5/symbols/print/equaljustice.html
Inscribed over the entrance to the Supreme Court are the words
“Equal Justice Under the Law.” Former Supreme Court Justice Lewis
Powell, Jr. stated once that those words were “perhaps the most
inspiring ideal of our society.”
8:06...
I would rather force the process to work as it should. By that I mean that the local government that hired Crone and has now fired him, should provide the answers in a timely manner.
They are entrusted with the ability to select the head of our local law enforcement and should maintain that trust by keeping the public informed of developments in the event there is a descrepancy.
Time Traveler
G'morning, 8:45 a.m.! I don't know if this exactly addresses your concern, but I sent an e-mail to Acting Police Chief Robbins about a week ago, asking about the hiring freeze and its impact specific to the police department. Here was his response:
"From talking to the Town Manager, he looks at the positions that impact public safety differently when talking about a hiring freeze. For each position we are asking to fill, we are reviewing the need with him.
We use a minimum staffing chart that the supervisors must adhere to during their patrol shifts. This ensures we have enough officers to answer the calls for service."
Like I said, I'm not sure if that completely addresses your concern/question, but I hope it helps.
Jamie, it does and it doesn't. I would think that the police department needs all the sworn positions that they are allotted. In fact I would go so far as to suggest that in reality they are understaffed. So assumming that any vacant positions (and we know there is at least one) should be filled regardless of the freeze. I have noted that the town's website has removed ALL job postings. Event police officers. Maybe the department is fully staffed except for the position left vacant by the firing of Chief Crone but based on the prior turnover rates I doubt it.
Hey again. I e-mailed Mr. Husemann a short while ago to find out where we are in the process of hiring a new police chief. I'll also ask about the current number of open positions at the police department. I agree with you that of all our departments, we certainly don't want to be short-staffed at the police department. Let me see what else I can find out.
Thanks for your posts!
Time Traveler: I've also sent a couple e-mails and made a couple phone calls about an update on the Cops for Kids investigations. As soon as I hear back from everybody, you guys will be the first to know.
In this economy, you can get two top-notch performers for what we're paying Erskine. He's got a free ride while we're out here busting our butts so that he can get what for him amounts to a welfare check.
Just a note to bring you new people that have just arrived some history on his Honor Erskine Smith he was hired by Joe Knox to a position that did not exist. His total qualifications were that he had sold pants at Belks and his Daddy was Joe's buddy Nat Smith. For many years he was also a member of the town volunteer fire dept and whould leave his assigned duties and chase every fire truck that left the station. Apparently he has since retired from that exalted postion. The reason that he got a new Crown Vic was McLean was due to get a new car and was going to retire so gave it to Erskine. The town vehicle rules state that all municipal vehicles except the town manager and certain police vehicles must have the town decal on the doors - Erskine had always refused to do that because he could not go far and wide to play golf and go to ball games. His golf has been free for about 20 years - multiply about $100 per week for 20 years and you arrive at his take. You newcomers need to really look at the cost of doing business in this town.
To 1:54 and others: Smith was hired as the town's first Planning Director after it was budgeted and advertised by Manager Troy Scoggins. It's true about town vehicles. Wes Greene has circumvented that rule every chance he gets and continues to do so. All vehicles should be marked.
Town employees and officials have not always played golf free. For many years we payed half price green fees and full cart fees. For some of you telling it like it was 20 or so years ago had better get their facts straight. If you weren't there, do not comment.
This post told us that "After realizing that their hands were tied, Carney said he and Atkins compiled an "extensive report," detailing several years of questionable activity by Smith as assistant and interim town manager. “We’ve placed it in the hands of our (town) manager,” Carney said."
I want to see this report. It ought to be public for all of us to see for ourselves. I mean, if two commissioners wanted Smith gone after seeing it, then we ought to be able to see it too considering we're paying Smith's salary.
Jamie dear,
I would consider it a personal favor if you'd move the pictures of Frankie off the main page. I get hot under the collar everytime I see that and I think about him whipping out the ToM badge saying,"This is what gives me the authority!"
Puh-leeze!
Thanks, Jack
I think we should leave Frank's mug up as a reminder to anyone who thinks they can hoodwink this community and get away with it...
The two commissioners did not "see" the report. They "wrote" the report. They want him gone. I don't think there is a single person on this blog who would defend Smith. I've defended Crone, but I won't defend Smith. I think that on this subject, we all agree.
Does anyone disagree?
If a majority of the commission wants him gone then they can make it happen. All they need to do is direct the manager to fire him. It is not complicated. The problem is he has to much support on the council for that to happen. Two does not make a majority. If we want him gone them we need to vote out those that are protecting him.
Here's a relevant question. In other blog posts, we've argued back and forth defending certain people like Crone. I don't think there is a single person on this blog that is defending Smith. Am I right?
8:44. you hit the nail on the head. elections are looming and it's time to move. whoever's got Erskine's back behind the scenes must be exposed and removed because it speaks directly to their lack of integrity. it's guilt by association and there's no way around that.
In a time of tight budgets in Mooresville, why not eliminate an unnecessary position and salary....$106,000.00 will buy alot of sidewalks and/or recreation equipment; plus the deletion of a step in "red tape" confusion.
I was initially against removing the position, but I think I'm convinced now. Nice discussion everyone.
No more free ride for Erskine Smith. But before you cut him lose you need to have a probe or such about whatever deal he made with Jimmy McKnight using big tax dollars.
I'm with you 10:48 am. Erskine's a likable enough fellow. I always got along with him just fine. But it's probably time for him to move on to something else at this point.
Middle Of The Road
Smith is the "S" in the RATS so you better believe the Rat Pack (Rader Abraham & Thunberg) are gonna bust their buns trying to keep him on the job to do their dirty work. So if you wanna get rid of Smith you gotta get rid of the Rat Pack first.
I, too, am curious to see this report about Erskine Smith. We are entitled to it.
We need Erskine Smith in any type of real capacity like we need a hole in the head.
Does anyone really know the guy? Smith may be in a little over his head, but does anyone here know anything about local government? It appears that many of these comments are opinions of which you are entitled, or media inflictions.
"Media inflictions"? What the heck is that? Now you're starting to sound like that fool Rader with his made up words that only he understands.
"Media inflictions" my butt. And don't make me laugh with your "Smith may be a little over his head, but...." Erskine's an overpaid arrogant loser and anybody who's ever had any dealings with him knows it. You know it too.
So you go on about your business and take your little made up vernacular someplace else.
Do you know Smith? Do you know anything about local government? A lot of town employees are arrogant and overpaid. What about them? Smith is small potatoes compared to Wes Greene & Jackie Moore.
Hey 12:39am, you sound like a know-it-all. Lets see your name on the ballot for the next election. Until then, there are boards and committees that you can serve on. Have you been through the Citizens Academy? Probably not.
Screw you. I don't have to run for nothing to know when somebody's fleecing me. I don't have to sit on your rubberstamp committees neither to know when somebody's a grifter dressed up like a public official. And I don't have to go through your brainwashing machine you call a citizens academy to know that there are a handful of people who've been feeding off the rest of us for decades. They're getting their just deserts finally. As for Smith, yep, I sure enough know the man. He's a good for nothing lazy SOB who don't see nothing wrong with taking what's not his. As for Greene and Moore, know them too, and you dont' get no quarrel from me about them being useless too. They're all three sucking up my tax dollars and I want them all gone. but first we gotta get rid of the ones who've got all their backs, and that's people like the mayor and that ass Rader.
You're on the right track, just with a bad attitude that will accomplish nothing.
To 2:07, you do not know as much as you think you do. Just another run-of-the-mouth blow hard.
Actually, November 4, 2008 2:07 PM has made some very good points, albeit somewhat angrily. The notion that somehow one must run for public office prior to becoming qualified to criticize public officials is a very flawed one. Under that premise, only a handful of people would have the right to hold their government accountable - those who have "put their names on a ballot". As for the "board and committees" one can choose (or be selected) to sit on, unfortunately the great majority of them are indeed "rubber stamping" establishments specifically formed and designed to bolster the positions and agendas of public officials. For true change and accountability to come about, there must be government observers "outside" of the system and as disconnected as is possible from public officials.
Post a Comment