I'm sure Auntie Bs legal fees will be paid by one of her benefactors but who does it fall to to pay Mr. Hightowers legal fees......I mean with Auntie B having the interest of the citizens county at heart I'm sure she has made arrangments for someone other than the TAXPAYER to foot the bill for us.....Naw she probably knows that she has shot herself in the foot and wants to stick it to Henry County just one more time before she is laughed out of the county.
Maybe she can get an advisory position with Walking Small as they see to have the same attitude toward taxpayers money and I'm sure Auntie B could find part-time employment in the Clayton County School as a teachers aide in the civil war history department.

Don,
You are correct. Her benefactors probably have already paid a sizeable amount just to get these lawyers on board. As for the county we the taxpayers
will have to cough up the fees for the Henry County attorney's.
I agree with Judge Crumbley that if this does not end up somehow in the Supreme Court then this issue will come back again and again.
This could be a never ending
cycle. From what I have read on this matter Judge Crumbley has a hard decision
on his hands.
The Doctor

Angst, doubt, unnecessary,
uncertainty, unwoven, and
catering. All these words
apply.

There is no case law or act of the legislature to repeal the local legislation. The fact that Wade Crumbley believes it may violate the constitution is the sole basis for the decision. The only resolution will come from an appeal -- or another legal battle in the future. Problem is that Crumbley has now set precedent. A bad one since he has no jurisdiction to determine constitutionality of election law... just render an opinion.

Unless the Southeastern Legal Foundation or ACLU will take on the legal costs I do not see an appeal happening. Here is the process:

The Henry Republican Party, a party to the suit, can file an appeal directly.

A citizen must
(1) petition the elections board, and when Wade's decision is upheld,
(2) push the suit back to Wade's court, and when that fails,
(3) file an appeal to the Supreme Court

It's about having the time and money to fight for justice. The citizens got screwed. Period.

Thanks for covering the issue Jason and Larry. It is a shame that NONE of this was picked up in a timely manner by any of the media. To read about what is happening in Henry County we thankfully have this site. Please continue the hard work.

Here again the people lose.
Democracy was made a bit smaller. Why have legislation if it can not be enforced? I am sure that
some legal scholar will find
this to be interesting and
want to look into this matter a little closer. There is always problems with elections when legal minds get involved. Every one has an opinion. As for the media they always seem to be too late on the scene.
I appreciate the problem the Judge had in this matter because he was handed something that was loaded from the beginning. He knows that this should go higher but if you don't have the clout it will sit and one day it will rise up and come back again. He knows who wrote the law and
I am sure he has reservations about his decision. There are many
things at play in all this.
But it really comes down to
one thing and that is the people and the question will always be asked were their interests best served.
The Doctor

How can the Henry County Election Board and the GOP be made to break the law.
At the BoC meeting Ms. Mathis recused herself from the vote to send the bill to the DOJ. If she had a problem with it why did she not bring it up at that time? Was it a ploy to get attention for her campaign, the hurt puppy syndrome. Why should we even vote if the laws that are in place to protect us are going to be broken? Are there any honest and honorable politicians outthere (probably a few) hello where
are you? The people of Henry County got the shaft today and we deserve better than that!!

Dark Knight

Can anyone here spell scandal? It begins with a
(M) as in most likely
(a) as in always
(t) as in trouble
(h) as in horribly
(i) as in indebt
(s) as in shadowy

B.J.

It appears that a lot of folks have been put in an
awkward position by today's
events. The election board
will have to adhere to the
court order, but in the future when a similar situation arises will they have to enforce the law or leave it? That is a hard question for the person who runs the election board to handle. Will the Henry County Republican Party
try to avoid future conflicts by advising sitting commissioners or whatever the case may be to
not worry about the law or to refrain from running. Another thought is that several people have taken leaves of absence or they have left their positions to run for other offices can they now return to their respective positions and still run for office?
This is an interesting question that my wife asked me and it is difficult to answer because of the complexity of the situation at hand. I just hope things work out for the taxpayers of Henry County who are the people who will be left wondering about all this.
The Doctor

Doc
You have raised a question that has been on my mind since all theses "politicians" took leaves of absence to run for office.
I would like to know...
1. Who is doing their "job" while they are not.
2. What is happening to their salary because if that salary was in the respective departments thus in that departments budget and not being spent where is it going.
3. If no one is filling the positions that have been vacated by Mr. Smith, Mr. Mcbrayer, Mr. Cox and the other folks that have taken leave to pursue more lucrative positions in the government and someone else is "picking up the slack" then why do we need these positions in the first place? Of course we know Mr. Smiths function is that of a political nature thus the BoC doesn't have to justify that position.
4. If these departments are able to function without these individuals then why reinstate them and not use those salaries and the associated benefits cost to lower our tax liabilities?
This is not a petty question nor political question. I simply would like to know, as a businessman, why the county would fill positions and then demonstrate that those positions were not absolutely necessary to the operation of the county . As a businessman my bottom line is determined by the cost of production and though some of the commissioners do not agree and have personally told me that the county government can not be operated like a business I must disagree. When it comes to a budget there is no margin for waste. But then again when you spend someone else's money ....... well we won't go there....
One other solution would be that these individuals are an example that some of the positions in our county could be filled with seasonal or part time workers.

Doc
As an added comment , an awkward position is when you are faced with a job that you know MUST be done and the courage to do what you know is right fails you. Judge Crumbley has failed not because of the facts but because his courage failed him and he is passing onto someone else the responsibility that is really his.

I hate to be a wet blanket BUT

Judge Crumbley does have the authority to declare a law unconstitutional. He did have a legal basis for it (the CONSTITUTIONAL PROVISION in the body of the post). The Constitutional provision quoted in the body of the post can be reasonably said to be a provision dealing with the election and qualifications of a County Commissioner. It is well settled law that local legislation (which was the law in questions) cannot override the Constitution of the state. Therefore, the local legislation has to yield to the Constitution - which is in essence what I understand Judge Crumbley did (I have not see a written version of the order yet).

As for the leaves of absence, different rules apply to employees and elected officials (as they should). Just because an employee (such as McBrayer or Cox) has to take a leave of absence, there is a rational reason NOT to require an elected official to do the same.

Listen I am not advocating for any particular candidate - but to suggest that Judge Crumbley's ruling came out of left field is just wrong.

don, really, do you read your post before you hit the post button? Everyone knows that the police and the SO is short officers. Lets see now, if JC didnt win, just how much sense would it make to go out and hire someone non certified that the county would get to not only pay for them to become certified but also pay them while they are going through the academy, meanwhile, JC sits over there already certified. That would just make alot of sense now wouldnt it. Maybe their positions arent needed? You will be the very one griping and complaining about the fact that there arent enough officers. I bet people hate seeing you come around, I know I would

Green Death: Thanks for a note of sanity in what otherwise has been a viscious, and vitriolic diatribe.

Dear GTfan
yes I read my post and if you though with logic instead of your emotions you would have understood exactly what the question I asked was. If we are able to extend a leave of absence to those seeking a better position and it not affect the operation of those departments then were those positions a necessity in the first place.
And why would I complain about a shortage of officers when I don't know if Henry County or the Sheriff's Office is short of personal or not and if we are short we certainly can't afford to be extending leaves of absence.
As far as people hating to see me come around you seem to be better informed than me..... so please don't tell my friends.

CJazz

Thanks for the kind words. Sort of ironic given that disagreements are my stock in trade.

Don sir you are correct I have often wondered why we need folks who can take a leave of absence and let those still on the job take up the slack. And to the other person known as Green
Death it is unusual for a Superior Court Judge to declare election law unconstitutional. I feel that if everyone was listening to what the Judge had to say in court the other day in the fact that he was disappointed that no one appeared to want to appeal the case. He has set in his own way the road for someone else to appeal the decision for the citizens of Henry County
so it can be appealed before him so he can deny and then it can be sent to the Court of Appeals thus taking it off his back. But the problem is that is there anyone or group out there who will file an appeal. As the Judge also noted the question of this law will come back again in the future. Election laws
can be viewed in many ways as was seen in the 2000 Presidental Election and you see how that was handled. If this law was not constitutional why was it created, passed by the legislature, signed by the Governor, and cleared by the Department of Justice. I personally believe he ruled in this fashion because the law was not cleared by the DOJ until so close to the filing day. I know that Judge Crumbley is a very fair man and he is trying to remedy a situation in the best he can but can it
last. I understand the wisdom of why the law was created in the first place because as a sitting commissioner and it doesn't matter who it is that person has a distinct advantage over others who are seeking the job they are seeking. Such as the BOC meetings are televised and at taxpayer expense a commissioner who is still seated will not openly promote their candidacy on these televised meetings but they will be seen by the public. The other individuals will have to pay for their ads to be televised thus making them more at an disadvantage. The playing ground should be made more level for everyone involved and they all know this. Also, I read where the lawyers involved were not seeking any attorneys fees to be paid by the county but we the citizens had to pay for the use of the court room,
the judge, court recorder, secretary, bailiffs, and the shift in the courts calendar. So, yes there were some fees involved but
to some they may be minor but if all is added up it can become costly. I just hope that everything works out for the best for the taxpaying citizens of Henry County who work so hard and wonder how their tax money is being used. The election this year will be different from most it has started with contention and
will be a long season.
The Doctor

The truth is Jim Cox did not have to take a leave of absence. The county work rule that states that an employee who runs for an elected office must take a leave of absence or resign, was never cleared thru the U.S. Justice Department. He could sue and stay on duty. I have a feeling this work rule will be challenged.

McBrayers back room political deal with the Sheriff was that he would take a leave of absence while running, keep McCart as Chief Deputy, and therefore retain the Sheriff's support

It is all moot now, at least until the next challenge is brought forth.

GreenDeath is corect that Crumbley acted within his right and authority. Unfortunately, the precedent is now set where one did not formerly exist. And a law properly originated by the local governing authority, passed by the state legislature and signed by the governor is rendered moot by a Maybe Opinion of a local judge.

Back in 1987 the situation involved a McDonough city council member who successfully ran for state senate & won. The overlap in terms caused a special election in McDonough. Avoiding mid-year special elections was one motivating factor in passing the local legislation.

However, the point of the law also makes it clear that seeking public office (not just re-election to a current seat) proves intention to (1) vacate the current seat, (2) focus on the 'other' office, (3) forfeit rights and/or privileges of the current office. Also there is the opportunity for abuse of the current office toward campaigning for the 'other' office. (Not that Mathis has ever tapped the county budget for her own agenda)

Henry County ordinance requires an employee to resign or take a leave before seeking any public office. Why is that so? To make sure the current job is the focus and priority of the employee - or that the campaign will not open doors to conflicts of interest or abuse of the current position.

SAME THING applies to commissioners. With the exception, of course, that elected officials are automatically above any requirement to actually perform a job function as expected by their employers - taxpayers.

All this is why I think it is a good law, and should be enforced - not left unresolved by Crumbley's decision. Since local acts may "add to" existing law where is the conflict?

Now that logic has been determined and others have understood my question concerning Mr. Cox and Mr Mcbrayer taking a leave of absence I think given the courts decision concerning Auntie B that Mr Cox and Mr Mcbrayer should be allowed to retain their employment positions as is. The constitution stated "equal protection under the law" and when a sitting commissioner can use his/her current position to have an unfair advantage ,at taxpayer expense,plus continue to be compensated by we the taxpayer then there is an appearance if not fact that Mr. Cox and Mr. Mcbrayer are being treated differently "unequal' than is B J Mathis. As for Mr. Smith's position I am not that familiar with what his function is I was told that it was a created position by Mr Leland Maddox and that Mr. Harper as a favor to Mr Maddox continued the position for Mr. Smith Much in the same way Mr Adams became Director of Parks and Recreation. I have no foundation to determine if this is true or not it was just what I have been told.

Don, I agree sir. If Ms. Mathis can keep her seat and continue to be paid by us the taxpayers then Mr. Cox and Mr. McBrayer should have the same opportunity.
The Doctor

To all those folks out there who check into the
the information published by
the board of commissioners
on the traditional website with the county I was just wondering if you also knew of the other website for the
BOC that looks very interesting.

You know I believe it is garden planting time here in Henry County. Within our garden we will have rows. And in these rows we will plant some much needed crops. In row one, we need to plant a good row of the truth. In row two, we should plant honesty. In row three, we should plant integrity. In the fourth row, we need some openness.
In the fifth row, we need to plant the seed of wisdom.
In the sixth row, we need to plant good judgement. In the seventh row, we need caring. In the eighth row,
we need willingness. In the
ninth row, we need good decision making. In the tenth row, we need equality.
In the eleventh row, we need
checks and balances. And in the twelth row, we need understanding. This sounds like a very well rounded garden that could feed the population of any county if it is nutured and cared for and finally harvested. Maybe by the harvest moon it will feed many. Good gardens make good citizens and good citizens make a county strong. So let's help to fertilize and water this garden and see what we can reap from this soil.
The Doctor

Doc
The garden comparison is a great story but humans unlike a seed are want to do what they feel is best for them and as a scholar you know that in order for seed to bare fruit it must first die to its self. I have serious doubts that the politicians of Henry County are willing to die to their own agenda and purpose in order to bring forth the crop that you have been so eloquent in describing and that is sad isn't it?
Thank you for agreeing with my post regarding the candidates that have been forced to take a leave of absence in order to pursue their desire to be elected to public office. A couple of folks took my post to be vitriolic and a condemnation of Jim Cox and Keith Mcbrayer and their jobs. Most including yourself did grasp that this was a condemnation of the system and to point out the inefficiency of the government system of oversight. I think these individuals should have equal treatment and the precedence sat by Judge Crumley should be evidence enough that elected government has set itself above that of the average citizen and feel they are entitled different standard of conduct than the citizens they claim they want to serve. I respectfully disagree with the poster Green Death in his view that employees of the county should have to abide by a different set of rules than those who are elected. In fact those that are elected are in a much better position to abuse and misuse their position of employment than those who are employed by the county and it is we not their campaign funds that must pay for that as you and Mr. Stanley have so clearly pointed out.
Again I think B J should vacate her seat on the board as a matter of character and if not Mr. Cox and Mr. Mcbrayer should return to work tomorrow.
I honestly could care less who runs for office what is do care about is fairness and openness in the system. We hear so much in the political arena about a "level playing field" but when it applies to those in power they are the ones that want to hold the level and I am of the belief that those in power only want one thing and that is to retain that power.
That is why we see so much negative and hostel politics in America unfortunately when we or others point that out it is we who are called .....well I won't list all the things I've been called but when all is said and done there is no grey in ethics it is black or white right or wrong and situational judgments have been the downfall of our system.
Thank you for your wisdom and insight
Don

This is/was a dumb law to begin with. I think we're fortunate that we had someone in the Sheriffs' Department who was financially able to take an unpaid leave of absense in order to run his campaign. I don't think Jim Cox is the best man for the job, but you can make a case for him. If neither of those had been able to afford to take a leave of absence, we would be turning over the job of Sheriff to a "joke candidate".

I can guarantee you that neither Jim Cox nor Keith McBrayer will go unmissed by their departments. People willing to step out and run a campaign are people who are willing to work. Just because the departments can survive without them for a period of time does not mean they weren't doing anything.

P.S. The comment about some "back room political deal with the Sheriff" is a work of fiction.

Dutch
about the only thing I disagree with you in this post is your statement the Jim Cox is not the best man for the job. It is ,in my opinion time for a new perspective in the HCSO and a better utilization of the officers What I would really like to see is a debate between the two of them where the public could ask questions of them not some prearranged media type asking the questions that you and I could answer.

I've got no beef with Jim Cox. From what I hear, he is a good man and certainly has a lot of friends who post on this blog. However, just looking at qualifications between him and McBrayer, it's not even a close call.

I'm not sure the "change" platform is necessarily a good one. That's what the Democrats are running on and it's going to be a change for the worse. McBrayer has a shot, a very good one, at keeping the HCSO intact. It won't happen with Cox or anyone else running. And every time I hear what "changes" the candidates want to make, it sounds like it's going to cost me money. I'm already paying for a lot more government than I want.

Don, thank you sir for the kind words. I think that you have hit the point on the fact that Jim and Keith should go back to work tomorrow if BJ can't find it in her best interest and lose the ego and step down while she is running. I have many thoughts on the subject and have been doing some indepth research that will bring forth new light on the subject. Again thank you for the kind comments.
The Doctor

Doc
I purposely said perspective not change when I spoke of Jim Cox. I think Jim has some very innovative ideas about the utilization of personal in the HCSO not necessarily change.
I agree with Mr. Cox view that the

Doc
I intentionally used the word perspective not change when I spoke of Jim Cox . I do agree with Mr. Cox in that I understand he feels the SO officers could be better utilized and more pro active in the law enforcement arena and the the SO should be more involved in the process than just jail,court security,and process service, I don't know if that constitutes change but I do think it is a good utilization of assets and resources of personal.
And you will find no one in the county or country for that matter that will agree with you more about the cost and return we get from our government. At the cost of inviting more abuse I must agree with Jesssie Ventura and I probably said it before he did on Jay Leno last week.
If we ran our private business the way our elected officials run our government we would be bankrupt,investigated by the DOJ,FTC,BBB,EEOC then incarcerated for life without parole. As an added result the courts would then take all the assets we had obtained and use them for restitution. Ever notice how most of the government folks who get caught with their hand in the cookie jar usually just get early retirement so they get to keep their pensions then show up later in some obscure government appointed job where they are once again getting over on the taxpayer.
What a country.

.

Don,

I have no doubt that Mr. Cox feels he could do a better job. He either thinks there are people in the SO who aren't doing anything (which is insulting to the existing staff) or he's going to hire more people. He is on the record as planning to 1) Develop a partnership with the Police Department in identifying and eliminating gangs (I'm assuming that will involve additional staff), 2) Double School Resource Officers to include Middle School coverage (definitely means more staff), 3) Work to bring a much needed Juvenile Detention Center to Henry County (that won't be free), 4) Create a Fugitive Task Force (again, more staff) and 5) Make essential training for deputies a priority (more training = more money).

I'm also sure McBrayer has some changes in mind, but his are a little different...his are based on an internal knowledge of the department that he will be running. He knows the staff and he's been through the budgeting processes and has already had to make the budgetary compromises necessary to give the Henry County citizens the most bang for the buck. That's not an indictment on Mr. Cox because there's no way humanly possible he could know those things, but it is a big factor when considering qualifications.

Dutch
I appreciate your informative post and these are what will help the voters make the correct decision in the upcoming election.
I do believe that some of the focus can be accomplished by realignment of resources but that remains to be seen.
I think they both have to sell not only themselves but their agenda to the citizens and allow the taxpayer to decide if their programs are affordable.
I once again prefer to hear candidates debate each other not answer pre arranged questions that some media type like to ask. I like a forum where it is one on one with no holds barred. That is the only way you can determine what each side is espousing.
As previously stated I think that openness and a level playing field is the only way to achieve positive change and just because Mr. Mcbrayer is in the department doesn't necessarily mean that he has the best plan that can only be decided by open debate,and you maybe absolutely correct but then again you may not.
I do appreciate the professional and courteous manner in which you present your points of view.

Youth detention centers are regional. There is one in Clayton County. Why anyone in Henry would want to host the region's offenders is beyond me.

Don, good evening sir. I agree both Mr. Cox and Mr. McBrayer will have to sell themselves and their agenda's to the voters. They will have to show them their leadership skills, business skills, people skills, coordination skills,
and overall management abilities. In today's world, a sheriff has to be able to do more than the sheriff's of past decades. It is a different world from Sheriff Cook, Sheriff Glass, and it will change even more in the days and years to come after Sheriff Chafin. It is not an easy position and I am sure they both realize this. I am in agreement also that if there is any debate it should be with no prearranged questions and the questions should be asked by the general public
and not a loaded room. I feel that a debate among the folks running for chairman of the BOC would be an interesting debate. It would give the citizens a chance to see the real answers that they would give and it would show how well their decision making processes are on the spur of the moment. A chairman sometimes has to think on their feet and not study an
agenda put forth before them
and their thinking skills
will show us if they are up to the task. There are many legitimate questions that need to be asked of these folks and these questions would be for the betterment of the public that they are to serve. These folks work for us and they should answer to us if they intend to keep the job or in this case try and snare the position. Maybe the people will get that chance it is hard to say in this election environment that we currently have here in Henry County.
The Doctor

Doc
I would really like to see a debate take place between all the candidates that are running for the "Chair" and allow them to question each other about any and all subjects personal or political,what they have done and what they intend to do and allow the public to participate in these forums. I don't mean a shouting match but a meeting of asking questions such as "do you support an increase in additional spending on parks and if so where are the funds coming from"? "do you think county funds should be used to promote and build civic centers or relieve the traffic problems that already exist before building something that will add to those problem." or "do you think pet project funding should be discussed in private meetings or only in open forum"? and those kinds of questions that require specific answers not ambiguous statements that can be interpreted in more than one way.
Mr. Cox and Mr. Mcbrayer need only to present their plan for the sheriffs office as there are a lot less "if this happens" situations for their positions.
On a personal note I hope you are having a good day.
Don

Don,
I agree with you sir about what you have posted. It has always amazed me at why we would build big projects that will draw a lot of people and not have the roads to get them to and from the event. That is not good preparation on their part. Maybe they will have such a debate I think it would be very interesting and worth bringing my tired bones to.
Thank you for asking about me. I am not doing well today with this pain medicine. And my trip to the Hospital has been rescheduled for one week.
The Doctor