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Joined by state employees, legislators and members of his Cabinet, Tennessee Gov. Bill Haslam today signed the Tennessee Excellence, Accountability and Management (TEAM) Act into law on the Tennessee Tower plaza across from the State Capitol in Nashville. State governments role is to provide services that Tennesseans arent able to get on their own, and I believe it is my job to make sure were providing them in the most customerfocused, efficient and effective way, Haslam said just before signing the bill into law. In the next five years, almost 40 percent of state employees will become eligible for retirement, and in facing this challenge, it is our responsibility to build a top notch workforce for the future. For decades, employment decisions in state government have been based solely on seniority with job performance never being considered, and employees have either received modest, across the board pay increases or nothing at all. No one has been able to convince me that is a good way to manage our employees or serve our taxpayers. http://tnreport.com/blog/2012/04/24/haslam-signs-team-act/
Gov. Bill Haslam signs overhaul of state civil service (Times Free-Press/Sher)
Gov. Bill Haslam signed his overhaul of civil service into law today, saying that, of all the things hes done so far in office, I honestly think this might be the most important. It helps us to have employees that we need and want to give great customer service in Tennessee state government, and I also think its a great example of how good government should work, Haslam said. Haslam said that for decades, employment decisions in Tennessee government have been based solely on seniority. The new law changes that when it comes to promotions and layoffs, making job performance the top priority. The law is called the Tennessee Excellence,
Accountability and Management, or TEAM, Act. Haslam said the state now must get to work developing a new employee evaluation system to establish performance standards and expected outcomes for the estimated 40,000 people who work for the state. http://timesfreepress.com/news/2012/apr/24/gov-bill-haslam-signs-overhaul-state-civil-service/?breakingnews
Former Foe Shares Stage for Civil Service Overhaul Signing (W PLN-Radio Nash)
Legislation that completely reworks how the state hires, fires and promotes its employees was signed into law Tuesday. Republican lawmakers believe it could transform how state government works. Many state employees remain skeptical of whether the civil service overhaul will function as advertised or just make way for departments to hire friends of the administration. The law ends a sole reliance on seniority to determine who gets laid off or promotedGovernor Bill Haslam says he understands why civil service rules were once needed to prevent political patronage, but in his words the cure was worse than what it was trying to fix. Standing behind the governor at the signing ceremony were smiling Republican lawmakers, and perhaps more importantly, the 2
Governor Leaning Against Foreign Worker Restrictions for Charter Schools (WPLN)
Governor Bill Haslam may be considering the legislative sessions first veto. He says this week he received the final version of a bill that limits the number of foreign workers that a charter school can employ. The legislation was pushed through the General Assembly by the same organization that tried to ban the practice of Sharia Law in Tennessee. Charter schools would have to disclose any ties to or financial support from foreign governments. The privately run but publicly funded schools would also have to limit their numbers of foreign workers to 3.5 percent of their total staff. Haslam calls the idea concerning. Were trying to encourage the growth of charter schools rather than put restrictions on them. The bill could become law without Haslams signature. The governor has another week to consider wielding his veto pen. Hes been encouraged to do so from several education leaders, including former chancellor of Washington D.C. schools Michelle Rhee. http://wpln.org/? p=36493
system or what part of the TCAP window that system uses, the testing goes in the same order: reading, math, science and social studies. http://www.timesnews.net/article/9045746/grades-teacher-evaluations-hinge-on-tcap
length of pipe across the highway near Sam Gammon Road when a driver hit him. http://www.johnsoncitypress.com/News/article.php?id=99909#ixzz1t35240Z8
State grants LMU law school extension in bid for accreditation (NS/Boehnke)
A state board granted Lincoln Memorial University's law school a five-year extension Tuesday in its bid to achieve national accreditation from the American Bar Association, meaning its students can sit for the Tennessee bar exam through at least December 2017. "What it really means, to me, is a stamp of approval by the legal community in East Tennessee, and it certainly points out there is a real need for another law school in East Tennessee and they're supporting us on this," said Pete DeBusk, chairman of the LMU board of trustees. "This is a very good thing, and we can't be appreciative enough." The John J. Duncan Jr. School of Law in downtown Knoxville received notification of the extension Tuesday in a letter from the Tennessee Board of Law Examiners, which initially accredited the school in 2009 with the caveat that it receive approval by the American Bar Association by December 2012. The American Bar Association, however, denied the school preliminary accreditation in December, leading Lincoln Memorial to file a lawsuit against the association in U.S. District Court. The suit, which alleged antitrust and due process violations, was stayed by Judge Thomas Varlan on April 2, pending an appeal the school filed with the American Bar Association. http://www.knoxnews.com/news/2012/apr/25/state-grants-lmu-law-school-extension-in-bid-for/
TN
Court
of
Criminal
Appeals
judge
can
work
despite
DUI
arrest
(Tennessean/Gang)
Rules don't prevent hearing of cases A state Court of Criminal Appeals judge can continue hearing cases, including those related to driving under the influence, despite his own arrest Monday night on a DUI charge, court officials said. Although the Tennessee Supreme Courts Code of Judicial Conduct states that judges shall respect and comply with the law, nothing in the rules precludes them from hearing cases when facing a misdemeanor charge. Court of Criminal Appeals Judge Jerry L. Smith was arrested Monday night while in Knoxville and now faces two misdemeanor charges related to driving under the influence. Casey Mahoney, a spokeswoman for the Tennessee Administrative Office of the Courts, said the court learned of Smiths arrest Tuesday and it was too early to comment. Tim Discenza, the Court of the Judiciarys disciplinary counsel, said it would be inappropriate for him to comment on whether the panel that disciplines judges would address Smiths arrest. He said nothing in the court rules would preclude Smith from hearing cases while facing the misdemeanors. Discenza said any recusal would be up to Court of Criminal Appeals Presiding Judge Joseph M. Tipton. http://www.tennessean.com/article/20120425/NEWS03/304240063/TN-Court-Criminal-Appeals-judge-can-workdespite-DUI-arrest?odyssey=tab|topnews|text|News
No admin. action for now against appellate judge charged with DUI (NS/Jacobs)
A drunken driving charge filed Tuesday in Knoxville against a judge who sits on the state Court of Criminal Appeals won't impact his ability to hear cases for now. Jerry Lynn Smith, 58, of Nashville was arrested shortly before midnight Monday on charges of drunken driving and violating the implied consent law, said Knoxville Police Department spokesman Darrell DeBusk. Police Sgt. Ray Offenbacher stopped the silver 2010 Subaru Forester that Smith was driving in the 1800 block of Cumberland Avenue, records show. "The rear hatch was open and luggage was about to fall out," DeBusk said of the reason for stopping the judge's SUV. Smith exhibited classic symptoms of drinking alcoholic beverages slurred speech, unsteady and bloodshot eyes 5
and refused to submit to a blood test, records show. The judge also was unable to perform field sobriety tests. Smith was ordered released on his own recognizance after he was sober, records show. http://www.knoxnews.com/news/2012/apr/25/no-administrative-action-for-now-against-judge/
House panel kills guns bill, NRA pushes floor vote (Associated Press/Schelzig)
A House committee voted Tuesday to kill a guns measure that has pitted firearms advocates against business groups. The bill backed by the National Rifle Association would allow anybody with a state-issued handgun carry permit to store loaded guns in vehicles parked on company lots regardless of their employers' wishes. The House Calendar Committee voted 15-8 to send the measure sponsored by Democratic Rep. Eddie Bass of Prospect to a study committee after the Legislature adjourns for the year. Rep. Bill Dunn, R-Knoxville and the panel's chairman, said the move was justified because the companion bill has stalled in the Senate. NRA lobbyist Darren LaSorte said he will push for bringing the bill directly to the House floor. It would take a two-thirds vote in the 99-member chamber to override the committee action. "There haven't been a lot of fair and honest brokers in this process this year," LaSorte said. "W e want to get that fair and open vote in the public's eye." The proposal is opposed by Gov. Bill Haslam and the Republican speakers of the House and Senate for failing to provide exclusions for large businesses or the campuses of colleges or public schools. http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=tennessean&sParam=39116497.story
Puzzling
crucifix
comes
as
TN
guns-in-trunks
bills
delayed
(Tennessean/Sisk)
Threats tinge gun bill debate A senior House committee voted to delay guns-in-trunks legislation until at least next year, despite a day of heated debate that included a call for the political crucifixion of a top Republican leader. The House Calendar & Rules Committee recommended further study of a pair of bills barring employers from punishing workers who leave firearms in their cars, a move that denied a floor vote on the legislation. The decision came over the objections of Democrats and the National Rifle Association, both of which have demanded on-the-record votes on an issue that has pitted gun rights advocates against business groups. The Republican-dominated committee took action on the bills swiftly, drawing a threat of litigation from a top Democratic lawmaker for not following proper procedures. Republican leaders also stood by their decision not to bring the bills to a floor vote, even after a prominent gun rights activist sent an email calling on followers to use this falls elections as an opportunity to set up a used crucifix at the Capitol as a warning to future legislators who defy them. The choice of words, which was never explained, roiled an already volatile debate. http://www.tennessean.com/article/20120425/NEWS0201/304240030/Puzzling-crucifix-email-comes-TN-gunstrunks-bills-delayed?odyssey=tab|topnews|text|News
hand out to Big Business for their support all the while expecting to be re-elected. http://www.commercialappeal.com/news/2012/apr/24/24gunweb/ (SUBSCRIPTION)
TN
state
fair
could
leave
Nashville
under
proposed
legislation
(Tennessean/Wilson)
Nashvillians object as House passes bill A bill that would establish a board to run the Tennessee State Fair and potentially move it outside of Davidson County passed the full state House and a Senate committee Tuesday. The legislation overwhelmingly passed the House after an extended debate and is now set to go before the full Senate. It would create a state fair and exposition commission that would include the president of the Tennessee Farm Bureau and the head of the University of Tennessee Extension office. During debate about the 8
bill on the House floor, several legislators said they were concerned the legislation would be the final straw for any hopes the state fair would stay in Nashville, where it has been held for more than 100 years. Rep. Mary Pruitt, D-Nashville, vehemently opposed the thought of the fair leaving the district she represents. She said she had not been consulted about the bill. There was legislation sent years ago to Nashville-Davidson County, she said. That legislation would give Davidson County the privilege of having the fair year after year after year. An amendment that would require the reorganized fair to stay in Davidson County failed on the House floor. http://www.tennessean.com/article/20120425/NEWS0201/304250099/TN-state-fair-could-leave-Nashville-underproposed-legislation?odyssey=tab|topnews|text|News
Murfreesboro
mosque
public
notice
fight
may
cause
change
9
(Tennessean/Stockard)
A legal battle over public notice in Rutherford Countys approval of a mosque site could affect how and where governments can advertise their meetings. In a two-day trial that starts today, plaintiffs will argue that the county government failed to provide adequate public notice of its May 2010 Rutherford County Regional Planning Commission meeting, where officials were to vote on a site plan for a new mosque for the Islamic Center of Murfreesboro. In this case, the issue should be whether the published notice should have included more information about the agenda, not which publication, said Frank Gibson, public policy director for the Tennessee Press Association. County commissions must give five days notice for public meetings, he said. The public notice published in the Murfreesboro Post did not state that mosque site approval was on the agenda because Rutherford Countys zoning laws allow places of worship to be treated the same as residential developments. No rezoning was required; therefore, no public hearing was needed before the planning commission reviewed the site plan and voted. Efforts by plaintiffs in the case to paint the mosque as a compound for terrorist activity have been unfounded and dismissed by the court, leaving the plaintiffs only remaining course to challenge it through the public notice process. http://www.tennessean.com/article/20120425/NEWS01/304250108/Murfreesboromosque-public-notice-fight-may-cause-change?odyssey=tab|topnews|text|News
Sullivan struggling through lean times, as 'cash is very, very low' (Times-News)
Time and time again in recent years, Sullivan County officials have pointed to the lack of layoffs from the countys payroll as an accomplishment in what has been a lean economy. Now, after years of refusing to consider a tax increase and depending on fund balances to balance the yearly budget some county officials say the accomplishment will be just meeting payroll for the next few months. Sullivan County Mayor Steve Godsey has issued a memorandum to all county department heads requesting they curtail all but emergency purchases until at least July 1, when the next budget cycle begins. Thank you so much for your efficiency and cooperation in this endeavor, Godsey wrote. The nationwide slowing of the economy these past three years has affected all of us, and we want to be extra responsible and very cautious in handling the county funds. Hopefully next years national business climate will be improved so that both Tennessee and Sullivan County will see fruits of the labors we have put in to bring success to all of us. The Times-News asked County Trustee Frances Harrell just how bad is the countys cash flow situation? http://www.timesnews.net/article/9045751/sullivan-struggling-through-lean-times-as-39cash-is-very-very-low39
tariff measure. Typically, lawmakers rely on recommendations from companies in their districts to decide which imports to favor similar to how lawmakers chose local pet projects to fund before Congress banned earmarks last year. http://www.tennessean.com/article/20120425/NEWS02/304250074/Critics-see-hypocrisy-GOP-freshmen-sstance-tariff-breaks?odyssey=tab|topnews|text|News
Bid to Block Postal Service Bill Falls Short in Senate (New York Times)
The Senate on Tuesday defeated a Republican attempt to block a vote on a bill to save the struggling Postal Service. The vote was 62 to 37. The Senate had hoped to have a final vote on the legislation on Tuesday, but Senator Jeff Sessions, Republican of Alabama, raised a point of order to try to derail the bill. Now a final vote could come Wednesday on the wide-ranging measure, which would allow the Postal Service to study the elimination of Saturday deliveries and to provide a broader range of potentially lucrative services like delivering beer and wine for retailers. The bill would also provide retirement incentives for cutting some of the agencys 547,000 positions and would restructure benefit programs, including stretching out and reducing payments for the health benefits of future retirees over a 40-year period. Mr. Sessions and three other Republican senators Tom Coburn of Oklahoma, Dan Coats of Indiana and Bob Corker of Tennessee argued that the bill would add $34 billion to the national debt. The measure would allow the Postal Service to collect $11 billion that the agency overpaid into a pension fund and allow it to defer $23 billion in payments that would go toward its retiree health benefit plan. http://www.nytimes.com/2012/04/25/us/politics/postal-service-bill-moves-forward-in-senate.html?ref=todayspaper (SUBSCRIPTION)
Most hospitals expect health reform to cut revenue (Nashville Business Journal)
About 55 percent of hospitals are bracing for a decline in revenue because of health care reform, according to a new survey. Twelve percent, meanwhile, anticipate an increase in revenue, and 28 percent dont know what to expect, according to research by Woburn, Mass.-based benefits management firm HighRoads and Detroit-based human resources consultant Sullivan Cotter. The survey included responses from 178 participants, including 126 health systems. About 42 percent plan to become an accountable care organization, a structure the federal government is encouraging. And 18 percent plan to structure their employee health plan as an ACO-like program. http://www.bizjournals.com/nashville/blog/2012/04/most-hospitals-expect-health-reform-to.html
House of Blues eyes Nashville med mart site (Nashville Business Journal)
The world's largest live entertainment company wants to build a new music venue downtown, with the space currently slated for the long-delayed Nashville Medical Trade Center as a leading site. California-based Live Nation Entertainment Inc. wants to bring House of Blues a music venue that seats 1,000 to 2,000 people to Music City, and the company is trolling downtown for viable sites, according to various entertainment and commercial real estate professionals. Since November 2009, there has been little public discussion about alternative uses for the city-owned Nashville Convention Center, real estate that has been pegged primarily for 11
the $250 million Medical Trade Center. This proposal provides a window into the range of development possibilities for a prime piece of downtown real estate, regardless of what happens with the highly anticipated med mart project. http://www.bizjournals.com/nashville/news/2012/04/24/house-of-blues-eyes-nashville.html
voters decide the future of their school systems. Before a crowd of about 50 at the East Shelby County Republican club, the mayor gave a brief synopsis of the issue, dating back to the Memphis School Board's decision to dissolve its charter and force a merger with the county. With an outcry from suburban residents who said they felt voiceless after the city's decision, Sen. Mark Norris wrote legislation outlining how a merger would work, and included an option for municipalities to break off on their own. "We've been in hot pursuit of that goal ever since," said Goldsworthy. She noted that the last three weeks have been challenging for suburban officials left waiting for decisions on the state level that will affect the municipalities' next moves on the issue. "We are in the moment of waiting as we're lobbying and making our pitch and shoring up support in the General Assembly," she said. "This legislation will allow us to avoid litigation on when we can go about the process" of putting a referendum before citizens. http://www.commercialappeal.com/news/2012/apr/25/gtown-mayor-outlines-schoolissues/(SUB)
Wisconsin: Wisconsin High Court Stalemated Over Fracas (W all Street Journal)
The Wisconsin Supreme Court is wrestling with an unusual disciplinary case against one of its own members in which every justice could serve as a potential witnessan ethical bind that could end the matter before it gets to a hearing. The case revolves around an incident last June when a justice placed his hands around the neck of a fellow justice, while other members of the court looked on. "In my view, every member of the Supreme Court is disqualified by law from sitting on the case," said Justice David Prosser, who has told investigators that placing his hands on the neck of Justice Ann Walsh Bradley was a "reflex" as she rushed toward him in a bid to get him to leave her office. A special prosecutor declined to bring criminal charges in the case last summer. But the Wisconsin Judicial Commissiona nine-member panel of judges, lawyers and non-lawyers appointed by the Supreme Court and the governor to oversee judicial conductfiled a complaint with the Supreme Court on March 16. The report accuses Justice Prosser of violating the state code of judicial conduct, which requires judges to be "patient, dignified and courteous" in their official duties. The complaint also cites an earlier meeting of justices in which Justice Prosser called Chief Justice Shirley Abrahamson "a total b." http://online.wsj.com/article/SB10001424052702303978104577364330536316036.html?mod=ITP_pageone_1 (SUBCRIPTION)
OPINION Editorial: Civil service reform will bring better workers (Jackson Sun)
On Tuesday, Gov. Bill Haslam signed the centerpiece of his 2012 legislative agenda: Civil service reform. This is good legislation that will lead to a better state employee workforce. In a national political environment where little 13
seems to get done because opposing sides on issues refuse to compromise, civil service reform legislation in Tennessee is a good example of how to get things done by working together. Haslams proposal initially was met with resistance from the Tennessee State Employees Association and a number of state lawmakers. But, as Haslam pointed out at the signing, lots of voices were heard during the debate that helped create a bill that could be supported by state workers, lawmakers and members of the governors cabinet. The measure passed the state Senate on a 30 to 3 vote and the state House on a 74 to 19 vote. Over the next five years, 40 percent of state employees will be eligible for retirement. That means there is going to be a lot of turnover, and a lot of opportunity to build the most effective and efficient state workforce. The legislation ushers in a host of changes in how state employees are hired, fired and promoted: Hiring procedures are streamlined with a minimum of three candidates to be interviewed for job openings. http://www.jacksonsun.com/article/20120425/OPINION/304250004/Our-View-Civil-service-reform-will-bringbetter-workers
Editorial: Bring 'guns in parking lots' to open vote (Daily News Journal)
A secret House Republican vote this week to keep the contentious guns in parking lots bill from coming to a floor vote was a cop-out. This measure, which would guarantee workers the right to store firearms in vehicles parked on employer lots, deserves a vote up or down. But instead of dealing with pressure from the National Rifle Association and risking a failing grade from its lobbying arm, the House GOP took the easy way out. Thats disappointing because it gives short shrift to public deliberations and lets legislators hide from constituents how they feel about the measure. Quite simply, if they think its a bad bill, it should be voted down. If not, they should vote for it. Republican Gov. Bill Haslam and the states top legislative leaders, Senate Speaker Ron Ramsey and House Speaker Beth Harwell, make no bones about their opposition. They contend its too broad because it doesnt let large employers bar guns from their parking lots, and even worse it would force colleges and K12 schools to allow guns on campus. This legislation is tying Republicans in knots because it pits gun rights activists against big business, both of which are major Republican backers. http://www.dnj.com/article/20120425/OPINION/304250016/EDITORIAL-Bring-guns-parking-lots-open-vote? odyssey=tab|topnews|text|FRONTPAGE
Gail Kerr: I-24 weekend closings painful, but alternatives are worse (Tennessean)
In 2008, state highway officials made a tough, but good, decision. Instead of dragging out weekend repairs to I40 in downtown Knoxville for more than three years, they shut down the interstate completely and worked straight through. The project was complete in 14 months. So why cant they do the same thing on I-24 in downtown Nashville? Couldnt they shut it down and fix the bridge in 26 days instead of 13 weekends? Because it would create complete traffic gridlock, morning and night, Monday through Friday, state officials say. We did consider the total closure option, said Paul Degges, deputy commissioner of the Tennessee Department of Transportation. We just didnt feel like we had the option. W ith 114,000 cars going through there every day, we didnt feel like it was the best solution. If we do that and an 18-wheeler flops over on I-65, then Im stuck. To compare, TDOT considers anything over 30,000 a heavily traveled road. Doing the project straight through over a month would create the same scenario as has happened during two snowstorms in recent years. It took people hours to get anywhere. Traffic was noticeably heavier Saturday morning on I-440 around downtown, the first 14
weekend I-24 was closed between the I-40 and I-65 split. TDOT is replacing the bridge over Main Street. It has to do it the bridge was built in 1961, rehabbed in 1985, and recently the decking has sometimes had holes in it. No one in his right mind would support ignoring this. The $8.7 million project will use prefabricated pieces of bridge deck that are dropped into place as hunks are removed. http://www.tennessean.com/article/20120425/COLUMNIST0101/304250081/Gail-Kerr-24-weekend-closingspainful-alternatives-worse?odyssey=mod|newswell|text|News|p
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