So what's the deal with ex-Trustee Lowe's 'pension'; lips are sealed

When former Knox County Trustee Mike Lowe pleaded guilty to felony theft last month a big question on everyone’s mind was whether he would keep his pension

Well, first there’s no guarantee he has a pension, but he did have a county retirement account. At one time.

County officials prior to the early 1990s had pensions. The county then set up an “asset accumulation” retirement plan, which acts like a 401(k), and invited employees to join it. Most did. Hey, the 90s where booming and there was a ton of coin to be made.

From what I understand, Lowe was enrolled in the asset accumulation plan – or at least he got under it – before he left the county.

From what I’ve gathered, he also withdrew that money, but I’m not positive.

So, will he lose his pension for pleading guilty? No. He more than likely didn’t have one. Will he lose his retirement? No, he more than likely withdrew it (and probably took a massive hit from the IRS.)

Will we ever know?

Probably not.

I submitted a request to the pension board, which in turn was handed over to the board’s attorneys.

They told me to go play in traffic. Albeit, politely.

They said the pension board is unable to provide me with access to Lowe’s file or respond to my questions. The attorneys then cited Tennessee Code Annotated Section 10-7-504(f)(1) and said the information is confidential.

That TCA code notes the following as confidential:

Bank account and individual health savings account, retirement account, and pension account information, provided that nothing shall limit access to financial records of a governmental employer that show the amounts and sources of contributions to such accounts or the amount of pension or retirement benefits provided to the employee or former employee by the governmental employer.

Whatever. The board still could have said whether he keeps it or not. Answering that question is not confidential.

Brooks hopes to give voters an option during next year's local elections

Cameron Brooks

Knox County Commission posts are typically decided in the GOP primary, but one local leader expects that to change next year.

Cameron Brooks, who was elected Saturday to a two-year term as the Knox County Democratic Party’s chairman, said he’ll begin working to find challengers to take on Republican incumbents in the general election.

In addition, he said his party will focus on regaining the state House District 13 seat, which the Democrats lost last year to Republicans.

“I think we got clobbered in the last race,” he said. “You can sulk and you can point fingers and have a lot of internal dissention and waste time, or you can move forward.”

Knox County holds next year’s local primaries in May and the general election in August. Seven of the 11 seats on the County Commission are up.

Brooks, who works as a Realtor with Coldwell Banker Wallace & Wallace Realtors, said he’ll help continue to build the party, first at the precinct level and then at the district level, focusing, in part, on younger voters.

“We want to show voters that Democrats are about good government, responsible government and improving people’s lives, and if you can be persistent with that, then we’ll be able to turn things around,” he said.

The GOP has a stranglehold on politics at the county level, and often Democrats decline to challenge for an open office.

For example, Knox County Mayor Tim Burchett, the county’s highest elected leader, failed to garner any opposition last year. Nor did Sheriff Jimmy “J.J.” Jones. In addition, the Democrats failed to field a candidate in the District Attorney General’s contest – and Democrats held that seat for decades.

Democrats have a little more control in the city – Knoxville Mayor Madeline Rogero is a Democrat – although the elections are non-partisan.

"We’re going to be really aggressive about recruiting candidates for the County Commission offices coming up in August 2016,” he said. “There’s quite a few seats that are going to be available. We really need to get quality Democrats to run and give voters an option.”

Knox County holds next year's local primaries in March and the general election in August. Seven of the County Commission's 11 seats are up.

Brooks, a former Knox County election commissioner who served as his party’s vice chairman before taking over, succeeds Linda Haney.

On Saturday, the party during its biennial reorganization meeting also appointed Jackie Clay, a program manager with the city of Knoxville, to serve as vice chair.

Shannon Webb was elected to the party’s treasurer post and Emily Gregg was re-appointed to her seat as secretary.

Mubarak's state trial moved to Oct

Mubarak

The state felony theft trial for former Knox County Trustee's Office "ghost" employee Ray Murbarak, who also faces unrelated federal fraud charges, has been delayed until the fall.

Murbarak, who worked for the county from 2004-08, was initially scheduled for trial April 6.

However, earlier this month, Mubrarak, his wife and a business associate were arrested by Internal Revenue Service and FBI agents on charges of bank fraud.

They pleaded not guilty to those crimes and were given a May 5 court date.

On Friday morning, Murbarak's attorney Tom Dillard and state prosecutors asked Knox County Criminal Court Judge Steve Sword to delay the state trial.

"I'm not sure either side is ready, and he has other matters he needs to address," prosecutor John Gill said.

Sword set a trial date for Oct. 13. All sides will meet again July 9 for an update.

Dillard, after the brief hearing, agreed that his defense team needed more time and that they were "still working" on the case. He declined to elaborate further.

Mubarak faces a number of state felony theft charges alleging he benefited as a "ghost employee" for former trustee Mike Lowe, receiving pay for work he did not do.

Lowe cut a deal with the state earlier this month and received a year in jail and has to pay back $200,000.

Last year, a jury convicted co-defendant Delbert Morgan of theft. Morgan, who also was paid to do little if any work, received an eight-year term, all but 30 days of which are to be served on probation.

Mubarak and Morgan worked in the Knox County Trustee's Office from 2004 to March 2008.

Trustee Shouse to undergo surgery for cancer; Could return in week or so

Ed Shouse

Knox County Trustee Ed Shouse will undergo surgery Monday to have his prostate removed and should be back to work the following week.

Shouse, a former Knox County commissioner, said the prostate was in the early stages of cancer.

He said his physician tells him there's an estimated 93 percent recovery rate, and he feels confident.

"I hope to be back within a week and I have a great staff that will be able to take care of the office while I'm out," he told 10News.

Shouse said he put off the surgery until after tax season ended.

The Trustee's Office is open Monday-Thursday next week and closed next Friday for Good Friday.

Shouse was elected last year to the office.

In an email to his employees, Shouse said: "The cancer is small and has been caught early so my prognosis is very good. I just need to get it out so that I can move on with life. I would appreciate your thoughts and, of course, your prayers for a quick recovery. Additionally, I thank you for all that you do for the Trustee’s office and the citizens of Knox County."

Knox County Clerk's recent U-Turn revives gasoline allowance debate

In a November 2013 interview, Knox County Clerk Foster Arnett Jr. spoke proudly about his move to do away with his office's monthly gas allowance program. Eliminating it saved the county more than $50,000 since he initially took office years prior.

At the time, Arnett told 10News the allowances were nothing more than "free money" for some officials who took the blanket payment but did not actually drive anywhere. Arnett and his employees started using the same template as the federal government's reimbursement system – currently 57.5 cents per mile – to cover gas.

Things have since changed. Specifically, the changes include Arnett's health, his driving habits, and his desire for a monthly up-front allowance payment for gas.

Records show late last week, Arnett received approval from the county Mayor's Office to reinstate his gas allowance. That will amount to some $700 per month and $8,400 a year. That's the equivalent of driving 1,200 miles a month under the federal reimbursement template.

Arnett said he is now routinely hitting the road as he operates out of five satellite offices scattered across the county. That's because he says the main clerk's office in the Old Courthouse building in Downtown Knoxville is infected with black mold that threatens his health and survival.

The full story RIGHT HERE.

These travel allowances have always been controversial. The long-standing argument is that if government is going to pay for your gas, then why not fill out the slip? The answer? Convenience.

Heh.

Foster Arnett

I don't necessarily fault Foster for taking the check because it is a pain to fill out those forms, but I'm also not convinced that he'll travel 1,200 miles a month, either. I do, however, believe that if he re-locates back to the Old Courthouse, he will cut the payment again and go back to the reimbursement system. It's safe to say the guy doesn't want to be sick and actually wants to work out of the downtown building.

In the meantime, the city has 21 employees, mostly department heads, get more than $5,800 annually to cover gas. You can see the full list RIGHT SMACK HERE. From what I understand, the policy was put in place under former Mayor Victor Ashe, who wanted to give pay raises to some of his buds but not necessarily have them on the books. (If you ask to see someone's salary, the gas allowance doesn't show up.)

When Bill Haslam took over, he passed it along to all the department heads, much like the private sector. From what I understand, it's now essentially considered a recruiting tool, although I suspect all the people who have the jobs they have would have taken those jobs without the bonus.

There are 18 county officials who have allowances although 11 of them are county commissioners. You can find that list RIGHT SMACK HERE.

Mayor Rogero begins re-election bid

Rogero

Knoxville Mayor Madeline Rogero kicked off her re-election campaign Tuesday night at The Standard downtown and discussed her plans if re-elected.

Which is pretty much a given.

I don't expect her to get a serious challenger. In fact, I don't think she even needs to campaign. But, well, never say never.

Rogero, who took office in December 2011 and is the city's first female mayor, said she has a number of items she wants to continue, including wrapping up the Cumberland Avenue project and making Knoxville more sustainable.

"I laid out a plan when I ran for office and we followed it," said Mayor Rogero. "We've made good progress toward that. We still have more to go."

The primary, which is non-partisan, is set for Sept. 29 with a November general election.

Burchett to veto resolution honoring women's groups, abortion clinic

Knox County Mayor Tim Burchett plans to issue a rare veto on a Knox County Commission-approved resolution, something he's done only one other time since taking office in September 2010.

The resolution, which the board passed unanimously Monday night, honors local women's groups in recognition of National Women's History Month.

It has no regulatory teeth but rather expresses the will and support of the commission by its approval.

Burchett acknowledges his veto is symbolic only.

Full Story RIGHT HERE.

Resolution RIGHT HERE.

Law to regulate door-to-door sales

Knox County Commission

The Knox County Commission on Monday approved a new law that lets the county clerk deny a door-to-door soliciting permit to someone who has an outstanding warrant issued against them or has been convicted in the past decade of a "crime of moral turpitude."

The move, which was spearheaded by Knox County Clerk Foster Arnett Jr., comes as a thrice convicted drug dealer who was also convicted of murder sought a license. Arnett declined to give him one, but the county's law department said he couldn't refuse.

Arnett then appealed to the commission to pass legislation.

"I think part of government's responsibility is to protect its citizens and I'm not giving someone with that background a license to go door to door," Arnett said. "I don't think it's right. I'm not saying anything bad about this guy, but he's been convicted of serious crimes."

Commissioner Mike Brown agreed.

"It's hard to draw a line in the middle when you're talking about crime," he said. "We have the responsibility of protecting those citizens just as much as (the sheriff and police chief) do."

Commission passed the measure in a 10-1 vote, with member Sam McKenzie dissenting.

The ordinance, which must be approved again next month on a second reading before it becomes official, also gives the clerk permission to revoke a license if it is discovered that there is an outstanding warrant against a license holder or a license holder has been convicted of a crime of moral turpitude within the past 10 years.

State law defines moral turpitude as an offense that contains "elements of fraud, theft, intent to cause great bodily harm, and sometimes lewdness, recklessness or malice."

McKenzie said he was concerned that 10 years was too long a time for some of the crimes.

"We're talking about perjury being equated with murder and that's not the same," he added.
The door-to-door permit costs $55 per month.

Haynes seeks state GOP chair seat

Haynes

State Rep. Ryan Haynes, R-Knoxville, announced his intentions today to seek the chairman post for the state Republican Party.

In a letter to SEC members, Haynes wrote:

As you know, Chris Devaney has announced his decision to step down as Chairman of the Tennessee Republican Party. Under the leadership of Chairman Devaney and the State Executive Committee, our party has reached historic levels of success. Our state is better off because of that dedicated service.

It is now time to look to the future. We must examine who our party will trust to have a clear vision and a set of goals to keep us successful. I want you to be the first to know of my intentions to seek the position of Chairman of the Tennessee Republican Party. Certainly this decision does not come lightly. This is a tremendous responsibility and I would be honored to serve a party that stands on solid principles and protects the values of Tennesseans.

Having served in the state legislature since 2008, I have seen first-hand the significance of having conservative leadership leading our party and our state. Together Republicans have cut taxes, increased efficiencies in state government, and spurred economic development for our citizens while holding true to our conservative beliefs. I have been fortunate to hold many leadership roles in the General Assembly during this time that include serving as the assistant caucus chair and holding the gavel as chairman of the state government committee. In addition I have been a proud member of the Republican Caucus Campaign Committee where conservatives have reached historic levels in the state legislature. My persistence, hard work, and loyalty to the Republican Party have resulted in significant improvements to our state.

I appreciate the history of our party and the efforts of those who have paved the way to where we dominate local, state and federal offices. However, I believe there is more work to do for our future. My four goals are simple and are as follows:

1. Elect a Republican president in 2016 and send boots on the ground to other states that might need extra help to do the same
2. Strengthen our numbers in the state legislature and the United States Congress
3. Build on our Red to the Roots program
4. Prepare a comprehensive plan to attract younger voters, women, and minorities to our cause.

I intend to travel our state seeking your advice and counsel, but most importantly work to earn your trust and support. I’m sure others will be interested in serving as chairman, but I can assure you no one will outwork me. In my first race for the state legislature I knocked on thousands of doors, followed my campaign plan, and did a lot of listening. I plan on doing the same thing as a candidate for state chairman. My passion for our party runs deep and I know that together we can continue to build on our successes of the past, and capitalize on opportunities for the future. I will do my part and I know you will do yours just as you have in the past.

Therefore, I respectfully ask for your vote and your support. I look forward to seeing you along the trail in the days ahead.

Respectfully,

Ryan Haynes

Ex-Judge Baumgartner's attorney appealing case to U.S. Supreme Ct

Richard Baumgartner

Lawyers for disgraced former Knox County Criminal Court Judge Richard Baumgartner are hoping to convince the U.S. Supreme Court to review his case, arguing federal prosecutors went too far in trying to apply an arcane area of the law.

Instead, they contend, the matter should have remained as a state-prosecuted case.

Don Bosch and Ann Short have submitted their bid, called a petition for certiorari, to the court.

They're waiting to hear if the U.S. solicitor general, which oversees U.S. litigation before the court, responds. An April 3 deadline has been set for the response.

It typically takes four justices to agree to hear a case, and the court takes only a fraction of the petitions submitted to it.

There's no timetable on how soon the court might move - if at all. The court's docket is scheduled through the rest of the term, which ends in June., so if justices wanted to hear the case, it likely wouldn't be until at least fall 2015.

"We think this is an important issue that federal courts, including the U.S. Supreme Court, have been addressing," Bosch told WBIR 10News. "We hope they will also review Mr. Baumgartner's legal position."

Bosch declined to comment further because the case is on appeal.

Read the rest of the story RIGHT HERE.

Sheriff fires back at media critics

Sheriff Jones

Knox County Sheriff Jimmy “J.J.” Jones last night fired back at the local paper's March 17 editorial entitled “Public officials should be clear on sunshine law.”

In the unsigned opinion piece, the writer(s) suggest that Jones and Knoxville Police Chief David Rausch violated the sunshine laws when they discussed in emails an E-911 radio contract.

The editorial stated: “They cannot work out a backroom deal on a proposed communications system contract, as happened in this case.”

Well, the sheriff, who’s never been one to mince words, responded on his department’s official website.

Here ya go:

It’s Sunshine Week and the News Sentinel wants its readers to know that it’s time for “a clearing of the skies.” The editorial in Tuesday’s paper isn’t talking about the weather, but the Sunshine Law. A law that the newspaper trotted out when it failed to cover sixteen months’ worth of E-911 meetings concerning a contract for a new digital emergency communications system. The paper had obviously deemed the meetings not worthy of coverage until it was alerted by lobbyists and politicians who had a stake in the radio system.

The editors at the paper believe a “backroom deal” was brokered between Knoxville Police Chief David Rausch and me. I hardly call it a backroom deal when the Police Chief and Sheriff of the third largest law enforcement agencies in the state cannot talk about the safety and security of their officers and citizens.

I am fully aware of the Sunshine Law and that’s why I contend there was no violation between Chief Rausch and me. The newspaper, however, is clearly hiding behind the Sunshine Law to distract from its failure to report on an issue that affects the entire community. I believe the law does need to be revisited when a major media outlet manipulates it to cover up its own inadequacies.

City secures developer; work on Cumberland Ave Strip set for June

Work on the long-delayed project to overhaul the Cumberland Avenue Strip near the University of Tennessee is expected to finally start in early June now that the city has a contractor that it can afford to pay.

After failing to find a developer during the previous two bidding attempts, Knoxville officials on Tuesday received proposals from two construction teams just minutes before the 11 a.m. deadline.

The city now plans to move ahead with the company that came in at the lowest cost.

"First and foremost we are very excited to see this project come forward. It has been a long time coming," said Anne Wallace, a project manager in the city's Office of Redevelopment. "Merchants and folks who own business in the area have literally been envisioning changes to Cumberland for more than thirty years."

As it stands, Southern Constructors is the "apparent" winner, city officials said, submitting a proposed bid of roughly $16.87 million – about $400,000 lower than the proposal made by Blaylock & Sons.

The city's engineering department will still have to review the documents to ensure that everything is in order. Officials will then iron out a contract, which they expect to bring before the City County and the Tennessee Department of Transportation by the end of the month for approval.

If everything works out, construction crews should be turning dirt on the project's first phase by early June and wrapping it up by the end of the year.

The second and final phase will start soon after should finish up by August 2017.