TUESDAY, JANUARY 3, 2012 Turf battle between (Tennessean/Gee) legislature, judiciary lies on horizon in Tenn.

Tennessees Supreme Court justices soon must wrestle with the thorny issue of whether, and to what extent, the states legislature can overrule its high court. The question comes as judges and judicial systems across the country are taking shots from lawmakers and politicians for being unaccountable and out of touch with mainstream America, and after a year that saw the Tennessee General Assembly pass two laws explicitly aimed at overturning state Supreme Court decisions that lawmakers didnt likeTennessee already has seen its share of high-profile battles. Trial lawyers and consumer activists said the tort reform package that Republican Gov. Bill Haslamsuccessfully pushed through the legislature in 2011 undermines Tennesseans constitutional right to a jury trial by capping the damages that jurors can award. And lawmakers who wish to reform the Tennessee Court of the Judiciary the body that investigates ethical complaints against judges and determines discipline have been accused of trying to infringe on a coequal branch of government. http://www.tennessean.com/article/20120103/NEWS02/301030023/Turf-battle-between-legislature-judiciary-lieshorizon-Tenn-?odyssey=tab|topnews|text|News

Hamilton Co. Sheriff's Office receives $49,000 grant to stop impaired drivers (TFP)
The Hamilton County Sheriff's Office has received a $49,000 grant from the Governor's Highway Safety Office to remove impaired and drunken drivers from the roads, according to a news release. The sheriff's office will place more vehicles and deputies on patrol during the hours when most impaired or drunken drivers are on the roads. Deputies will patrol throughout the county, including unicorporated areas, to seek those driving impaired, the release reads. http://www.timesfreepress.com/news/2012/jan/03/chattanooga-grant-aimed-to-stop-impaired-drivers/?local

Tennessee school health program could be in jeopardy (Times Free-Press/Hardy)

A statewide school health program could be on the chopping block as the Tennessee General Assembly and governor get ready to draft the coming year's budget. Russell Cliche, of Hamilton County's Coordinated School Health division, worries that the state-mandated program could vanish from the budget because it's not scheduled for automatic renewal of funding. "I'm very concerned," he said. "Every year, we're very concerned." Coordinated School Health was in every Tennessee school district by 2007 "to improve student health outcomes as well as support the connection between good health practices, academic achievement and lifetime wellness," according to its state website. In the past two years, Coordinated School Health has been categorized as a nonrecurring fund and must be reauthorized year to year. Cliche said he'll spend the next few months reaching out to legislators and state officials to show the benefits of the program, which is aimed at boosting students' achievement by improving their health. That includes tackling the childhood obesity problem, treating mentalhealth problems and promoting wellness among school employees. http://www.timesfreepress.com/news/2012/jan/03/tenn-school-health-program-could-be-in-jeopardy/?local

Pickett County judge reprimanded for method of punishment (Associated Press)

The Tennessee Court of the Judiciary has publicly reprimanded a Middle Tennessee judge for handcuffing a father to a son as punishment. The disciplinary panel last week announced the reprimand of Ronnie Zachary. He is the General Sessions judge in Pickett County. A statement released by the panel said Zachary had acknowledged that such a sentence was improper. The panel did not say when the handcuffing was done or elaborate on the case. http://www.tennessean.com/article/20120103/NEWS03/301030035/Pickett-County-judge-reprimanded-method-

punishment?odyssey=tab|topnews|text|News

Voter ID law may face court fight (Tennessean/Sisk)

Civil rights attorneys in Nashville and W ashington, D.C., appear to be laying the groundwork for legal challenges to Tennessees new voter identification law. A top official says the U.S. Department of Justice is reviewing recent laws that require voters to show photo identification at the polls, and Nashville attorneys are putting together a lawsuit that could challenge the law unless legislators reconsider when they convene Jan. 10. But the states top election official and the laws main backer in the legislature say they do not expect any changes to the measure. They say they are more worried that the lawsuits will confuse voters about the status of the law, which officially went into effect Sunday and will be noticed the first time by most Tennesseans when they go to the polls in March to vote in the Republican presidential primary. Going into this, we knew there were going to be distractions, Mark Goins, the states coordinator of elections, said of the lawsuits. W e fully anticipate that voters will be required to show photo ID when they go to vote. It is the law until the legislature says its not the law or a court says its not going to be the law. Supporters and opponents of the states new voter ID requirement are positioning themselves in the wake of a decision by the Justice Department to reject a similar law passed in South Carolina. The rejection, announced in a Dec. 23 letter to election officials in that state, follows a string of statements by senior federal officials questioning whether the new voting requirements are meant to combat fraud or to discourage groups that typically lean Democratic from voting. http://www.tennessean.com/article/20120103/NEWS0201/301030024/Voter-ID-law-may-face-court-fight? odyssey=tab|topnews|text|News

Tennessee school health program could be in jeopardy (Times Free-Press/Hardy)

A statewide school health program could be on the chopping block as the Tennessee General Assembly and governor get ready to draft the coming year's budget. Russell Cliche, of Hamilton County's Coordinated School Health division, worries that the state-mandated program could vanish from the budget because it's not scheduled for automatic renewal of funding. "I'm very concerned," he said. "Every year, we're very concerned." Coordinated School Health was in every Tennessee school district by 2007 "to improve student health outcomes as well as support the connection between good health practices, academic achievement and lifetime wellness," according to its state website. In the past two years, Coordinated School Health has been categorized as a nonrecurring fund and must be reauthorized year to year. Cliche said he'll spend the next few months reaching out to legislators and state officials to show the benefits of the program, which is aimed at boosting students' achievement by improving their health. That includes tackling the childhood obesity problem, treating mentalhealth problems and promoting wellness among school employees. http://www.timesfreepress.com/news/2012/jan/03/tenn-school-health-program-could-be-in-jeopardy/?local

County Commission misses deadline to approve redistricting map (CA/Connolly)

Shelby County commissioners missed the Dec. 31 deadline to approve a new district map for use in the 2014 elections. Legal action still is possible, and commissioners are likely to continue debating the matter at a committee meeting Wednesday. State law says the commission had until the end of 2011 to use new census data to adjust the district lines. Commissioners had debated the matter for weeks but were deadlocked at their last meeting Dec. 19. They talked at that meeting about holding another gathering before the end of the year, but didn't set a time. Commission chairman Sidney Chism said Monday that he didn't call another meeting because staffers couldn't find a date around the holidays that more than nine commissioners could agree on. Nine out of the 13 commissioners must agree on a map. It's a more stringent standard than the usual seven-vote hurdle, and a large number of commissioners will likely have to be present to make it happen because the issue is so controversial. Redistricting could affect the outcomes of future elections, including those of some current county commissioners, and the debate brings to the surface underlying tensions over suburban versus urban interests and the commission's partisan balance. http://www.commercialappeal.com/news/2012/jan/03/redistrictingdeadline-passes/

Illegal? A Bribe? Or Just Another Failed Redistricting Plan? (Memphis Flyer)

Over the holidays, yet another attempt to break the Shelby County Commissions stalemate on redistricting has been floated, and it, too, has floundered. But, unlike the proffered plans which preceded it, this one called the Distributive Representation Plan by its author, interim District 1 Commissioner Brent Taylor, a Republican has resulted in charges that it is illegal and constitutes a bribe. The first accusation came from current District 2

4 Commissioner Terry Roland, a Millington Republican, who rejected a proposed supportive statement for the plan in his name, written by Taylor but forwarded to Roland for his approval. Said Roland in his response to Taylor: I find it extremely inappropriate and I strongly denounce the proposition because it is highly illegal and I do not want anything to do with it. As you know when I ran for Senate in District 29 my campaign slogan was Not for Sale. It is the same now as it was then, Im Not for Sale! I will always do what I think is the best for the people of Shelby County. The adjective illegal was apparently directed by Roland to a section of the plan which, like other particulars in Taylors proposed framework, hypothetically was to be approved by Commissioner Justin Ford, a Memphis Democrat who has been at odds with Roland over competing redistricting plans. http://www.memphisflyer.com/JacksonBaker/archives/2012/01/02/illegal-a-bribe-or-just-another-failedredistricting-plan

Prosecutor takes closer look at Davidson County clerk's office (TN/Haas)

Auditors have begun a second round of inquiries into Davidson County Clerk John Arriolas office. Davidson County District Attorney General Torry Johnson opened an investigation in July after questions arose about money Arriola accepted to perform weddings and a potential ghost employee who was paid for several years without having to fill out a time card or produce any actual work product. Thursday, Johnsons office said that despite an initial report by auditors, the prosecutor wants to take a closer look at Arriolas office. There was a meeting after the investigators and auditors completed their initial report, and it was determined then that more information needed to be reviewed, said Johnsons spokeswoman, Susan Niland. A search warrant executed in November provides some insight into at least part of what prosecutors are looking for. The warrant alleges that Arriolas campaign treasurer, Leighton Bush, was paid by the clerks office about 20 hours per week for five years with nothing to show for it. Bush also owns and operates an insurance company and a car dealership. The vast majority of employees stated that they never or rarely saw Bush, did not know what he does at the office, have never worked with him, etc., the search warrant states. Furthermore, no one, to include Arriola and Bush, was able to provide any documentation of any work that Bush had participated in or completed. http://www.tennessean.com/article/20120103/NEWS08/301030016/Prosecutor-takes-closer-look-DavidsonCounty-clerk-s-office?odyssey=tab|topnews|text|News

At the Time Warp Tea Room, county commissioners discuss it all (NS/Donila)
Dan Moriarty won't discuss politics. That's for his customers. "For me, it's neutral grounds here," said the Time Warp Tea Room's owner. "There's no need for me to be a Democrat or a Republican. I'm just trying to sell sandwiches." Plenty others, however, love to talk about local government there. Once a month, Knox County Commission holds what members call "the meeting between meetings" at the coffee and sandwich shop off North Central. The meetings are advertised, as required by state law, and open to the public. Usually a handful of commissioners attend; only a few folks from the public show up. But in between talking about children, vacation and general interests, officials say they get a lot of work done. "Because the meetings are small and informal, you'd have a better chance to be heard," said Commissioner Ed Shouse. "People are more relaxed and more candid than they would be when broadcast live. You get a different perspective on the issues and different people's viewpoints on the issues." Amy Broyles, the commissioner who has hosted the meetings for the past three years, agreed. http://www.knoxnews.com/news/2012/jan/03/at-the-time-warp-tea-room-countycommissioners/

Murfreesboro Occupiers break camp at Civic Plaza (Daily News Journal)

After camping out for about a month on Civic Plaza, Occupy Murfreesboro participants decided to move their protest tents. "We decided to redeploy our assets," Scott Martindale said while waiting on group's 7 o'clock general assembly to get started on a cold Monday night at Civic Plaza. Martindale and two women ended up moving their meeting inside Linebaugh Library and were waiting on two more people to show up by around 7:20 p.m. For participant Joan Hill of Murfreesboro, the national movement that started out with Occupy Wall Street is about protesting corporate control of politics and legislation. "We're trying to raise awareness of the inequity of income," said Hill, who was not one of the participants who camped out on Civic Plaza. "Part of my issue is the attack on workers' rights to collectively bargain." It was during two general assemblies on Thursday and Friday nights that the group decided to move from camping out in front of City Hall, said Martindale, who was not one of the ones who stayed over night. "We are looking at changing the schedule due to the weather," said Martindale, noting that he's a maintenance worker at MTSU and not unemployed. For Martindale, a key goal of the movement is to overturn the U.S. Supreme Court decision in the Federal Election Commission vs. Citizens United that gives personhood status to corporations and allows them to have financial influence over elections. 3

http://www.dnj.com/article/20120103/NEW S01/201030315/Murfreesboro-Occupiers-break-camp-Civic-Plaza

U.S. Sen. Lamar Alexander ready to express ideas (Times Free-Press/Carroll)

Distinction be damned. That's U.S. Sen. Lamar Alexander's attitude toward "third-ranking Senate Republican" and "Republican conference chairman," two titles he's relinquishing this month in a move designed to free him of GOP orthodoxy. Since 2007, Alexander, 71, has served as one of Senate Minority Leader Mitch McConnell's top lieutenants, mostly tending to political and media strategy. Alexander announced his intentions in September. His junior colleague, U.S. Sen. Bob Corker, R-Tenn., said then that giving up the posts would allow Alexander to "express himself more fully," adding that leadership positions tend to be a "little stifling." In a 30-minute phone interview last week with the Chattanooga Times Free Press, Alexander agreed. "If you're the tight end on the team instead of the quarterback, and you think the play ought to go around left end, and the quarterback calls right end," Alexander said, "you go around right end." As a rank-and-file senator, Alexander said, he won't feel pressure to publicly endorse the Republican line on every issue. He hopes to spend the rest of his legislative career working with Republicans and Democrats -- yes, "including some Democrats" -- on environmental issues, tax loopholes and debt reduction. http://www.timesfreepress.com/news/2012/jan/03/lamar-alexander-ready-to-express-ideas/?local

The congressman collector (Knoxville News-Sentinel/Vines)

Duncan's trove includes White House souvenirs, flea market flatirons John J. "Jimmy" Duncan Jr. looks to the past as he works on the country's future whether he's at home in Farragut or in his Knoxville or Washington, D.C., congressional offices. The past is reflected in political memorabilia collected during a lifetime, including 23 years in the U.S. House, and items that belonged to his dad, John Duncan Sr., the late Knoxville mayor and congressman. Books make up a lot of the collection, written by fellow Republicans, Democrats and others. Duncan, 64, has a reputation as a voracious reader and he can tell stories about and from the books. He also has items from Air Force One; a statue of Mother Teresa from an Albanian president; flat irons from his father's collection; a white elephant that belonged to the late U.S. Rep. Howard H. Baker Sr.; and 22 wooden eggs from White House Easter egg rolls, although on the day a News Sentinel photographer and reporter visited, only 20 were on a shelf. "The (five) grandkids play in here. They (the missing eggs) are probably in the curtains," he said about the office in his home. "This is a lived-in house." http://www.knoxnews.com/news/2012/jan/03/the-congressman-collector-duncans-trove-includes/

Health law explained: The states gain new flexibility in setting policies (Stateline)
A linchpin of the 2010 federal health law is the requirement that nearly everyone sign up for a health insurance plan whether its Medicaid, other federally subsidized insurance, or private coverage. To make that easier to do, the law calls on states to set up health insurance exchanges where small businesses and individuals can choose the policies that best fit their needs at a price they can afford. The exchanges are meant to be one-stop marketplaces, mostly websites, where customers will be able to shop for private health plans beginning in January 2014. To make sure consumers dont buy plans with inadequate coverage, the Affordable Care Act called on the U.S. Department of Health and Human Services to define a level of coverage for essential benefits that must be included under any small group or individual insurance policy inside or outside an exchange. The law also said states requiring insurance companies to provide a broader range of benefits than the national standard would have to make up the cost difference for those policies. But on December 16, the Obama administration announced its intention to let states determine their own essential benefits for plans sold within their boundariesrather than setting one national benefit standard. Secretary of Health and Human Services Kathleen Sebelius said the approach would protect consumers and give states flexibility to meet their unique needs. http://www.stateline.org/live/details/story?contentId=621879

No bonuses for Erlanger Health System executives for 2011 (TFP/Martin)

Despite making a profit of $5.4 million in the last fiscal year, Erlanger Health System executives will not receive bonuses because more stringent criteria were implemented. Based on the criteria for fiscal year 2011, which ended June 30, system executives would not have received bonuses in 2010 and 2009, two years when executives received nearly $4 million in combined bonuses. The new guidelines require that the hospital system make a profit of at least $12 million before bonuses will be awarded. The system has not achieved such a profit in the last four years. Trustee Kim W hite, chairwoman of the hospital's Management and Board Evaluation Committee, said the panel decided the criteria needed to place more emphasis on operating profit as part of a 4

compensation package. "In order to stay in business, we have to look at it as a business," White said. "I think compensation is complicated, but the committee thought we needed to focus on operating margins -- this is what the priority is. That level has to be achieved before any bonuses are awarded." Meanwhile, Erlanger employees have received two across-the-board raises since 2007, a 3 percent raise in July 2009 and a 2 percent raise in November 2010. Certain other employees, such as front-line nurses, have been given additional raises. http://www.timesfreepress.com/news/2012/jan/03/13-a1-no-bonuses-for-erlanger-executives-for-2011/?local

First listening tour for consolidated school system Jan. 10 (Memphis Biz Journal)
The Transition Planning Commission for the consolidated Shelby County school system is holding the first of several listening tours in Collierville next month. The event will be Jan. 10 at Collierville United Methodist Church, 454 West Poplar, from 7-9 p.m. Similar events will be scheduled around the county throughout 2012 for the 21-member Transition Planning Commission leading up to the start of a new joint city/county school system in the fall of 2013, according to a release by Barbara Prescott, commission chair. The commission, mandated by the state of Tennessee, will present a final report to the Tennessee Department of Education by the summer. The 23-member Shelby County School Board will then accept, amend or revise the report in the fall. The transition commission will review several aspects of the merger, including administrative structure and governance, education services and curriculum, and bonds and the transferring of assets. http://www.bizjournals.com/memphis/news/2011/12/30/first-listening-tour-for.html

Atlanta educator inspires parents, community to help improve schools (J. Sun)
Several who attended a parent, teacher and community workshop on Monday left feeling motivated and ready to improve things in the Jackson-Madison County School System. Kim Bearden, of the Ron Clark Academy in Atlanta, was a guest speaker Monday afternoon at Madison Academic Magnet High School Auditorium. She focused on how her private school used community and parent involvement to improve the lives of students. Ron Clark Academy was founded in 2006 by the man for whom the school is named. His book "The Essential 55" has sold more than one million copies and has been published in 25 different countries. Bearden is a language arts teacher, co-founder and executive director of the school. The academy is also a teacher training facility, helping educators from all over the world, she said. "I was asked to come and talk about how the community, parents and business leaders can come together to bring success to their schools," Bearden said. "It's all about relationship building and working together on behalf of the kids." http://www.jacksonsun.com/article/20120103/NEWS01/201030306/Atlanta-educator-inspires-parentscommunity-help-improve-schools

Maryland: Maryland School Segregation Case Goes to Trial (Wall Street Journal)
More than a half-century after the U.S. Supreme Court outlawed segregation in public education, a court will decide if Maryland is doing enough to support the state's historically black public colleges and universities. A lawsuit brought by a group largely made up of students and alumni from these schools, and headed to trial Tuesday in a Baltimore federal court, accuses the state of repeatedly failing to fulfill promises to desegregate the schools. The group claims the state's higher education commission devoted millions of dollars over decades to "traditionally white institutions" that offer educational programs duplicating those from the black colleges. The overlapping offerings have made it difficult for the black schools, whose facilities often aren't as up to date as the white schools', to recruit and retain the best students and faculty members, the plaintiffs say. The state denies the allegations and plans to show at the trial that there's no inequity in funding between the four historically black colleges and universities Morgan State University, Coppin State University, Bowie State University and the University of Maryland Eastern Shoreand the traditionally white institutions including University of Maryland, College Park; Towson University; and Salisbury University. http://online.wsj.com/article/SB10001424052970204368104577136771472029222.html?mod=ITP_pageone_1 (SUBSCRIPTION)

Ohio: Ohio Shuts Wells Following Quakes (W all Street Journal)

Ohio became the latest state to take action on the possible link between seismic activity and wells used to dispose of waste water from oil and gas production when state officials ordered a halt to the practice near Youngstown this weekend after several minor earthquakes. The wells, known as injection wells, have been proliferating in Ohio to accommodate growing volumes of waste water left over from hydraulic fracturing, which involves blasting water, sand and chemicals underground to break apart dense layers of rock to free up oil and 5

gas. The state's move could stoke the political debate about hydraulic fracturing, also called fracking, a technique that has sparked an energy boom in several states but also concerns from environmental advocates. The decision also highlights a controversy surrounding the exporting of fracking waste water from one state to another. More than half of the fluid injected at the Youngstown well came from Pennsylvania, said Andy Ware, deputy director of the Ohio Department of Natural Resources. Ohio regulators previously asked the company operating the Youngstown well, D&L Energy Inc., to stop injecting waste water after a 2.7-magnitude earthquake Dec. 24. http://online.wsj.com/article/SB10001424052970203462304577136920749123772.html?mod=ITP_pageone_1 (SUBSCRIPTION)

OPINION George Korda: Stacey Campfield and the politics of winning even if he loses (N-S)
State Sen. Stacey Campfield knows how to draw a crowd. The Knox County senator probably collects more publicity than any legislator except the General Assemblys top leadership. His legislative initiatives drive some people (particularly left-wing Tennesseans) to Maalox overdoses for two reasons: his existence offends them and he keeps winning elections. Campfields latest causing-heads-to-explode plan is that he intends to introduce bills in the next legislative session to require drug testing in some form for recipients of taxpayer-funded support payments. The Dec. 21 News Sentinel reported that Campfield plans to push three bills calling for drug testing in the 2012 legislative session: one dealing with persons on welfare, one for those drawing unemployment compensation and one for those receiving workers' compensation benefits.The same story recounted the early results of a Florida law that went into effect this year (and subsequently temporarily halted by a federal judge) requiring welfare recipient drug testing: A Miami Herald news story reports that, since the law took effect in July, about 7,000 persons passed the test, 32 failed and 1,600 refused to take it. One of the latter group was a plaintiff in the lawsuit leading to the injunction. http://www.knoxnews.com/news/2012/jan/02/george-korda-stacey-campfield-and-politics-winning/

Free-Press Editorial: DesJarlais draws the line in sand on federal spending (TFP)
Republican U.S. Rep. Scott DesJarlais of Tennessee's nearby 4th District is taking seriously his opposition to out-of-control federal spending. You may have read a recent article in the Times Free Press noting that DesJarlais has the second-lowest staff costs of any of the 435 members of the House of Representatives. From the beginning of 2011 through this past Sept. 30, he paid his 14 local and Washington aides a total of about $431,000 -- roughly $31,000 apiece on average. The lone representative who had lower staff costs was Rep. Joe Walsh, R-Ill. In Tennessee, the highest-paid staffs were those of Democrat Reps. Steve Cohen of Memphis and Jim Cooper of Nashville. In general, the most expensive staffs work for Democrat representatives, and the least costly staffs work for Republicans. The highest-paid staff was that of Democrat Rep. Jerry Nadler of New York. His staff costs came in at nearly $982,000. It is refreshing, however, that some in Congress draw a line, including in their own offices, against irresponsible spending. http://www.timesfreepress.com/news/2012/jan/03/0103b-fp3-low-spending-rep-desjarlais/?opinionfreepress

Editorial: Tennessee delegation gets it right on expenses (Daily News Journal)

Tennessee's first-term House members have a lesson to teach in frugality. And it's an example we hope their senior counterparts will follow. According to a Gannett Washington Bureau analysis of records from the first three quarters of the year, Republican Reps. Diane Black of Gallatin, Stephen Fincher of Frog Jump, Scott DesJarlais of Jasper and Chuck Fleischmann of Ooltewah have spent a smaller portion of their annual office budgets than their more senior colleagues. Black, whose 6th District includes Rutherford County, came in third in the list of four, spending 60 percent of her budget by Sept. 30. The congresswoman plans to return unused money to the Treasury this year, spokeswoman Stephanie Genco said."She feels it is important to be a good steward of taxpayer dollars," Genco told a Gannett reporter. Since Black did run on a platform of fiscal responsibility, it is only right that she practices what she preaches in her own back yard. Most House members received approximately $1.4 million this year to pay for district office leases, staff salaries, mailings to constituents, office equipment, travel reimbursements and other expenses. http://www.dnj.com/article/20120103/OPINION01/201030318/Editorial-Tennessee-delegation-gets-rightexpenses

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