Former Knox politico Tyler Harber seeks reduction in conviction

Harber

A former Knox County politico who went on to work on the national political stage faces federal sentencing Friday in a unique case.

Tyler Harber, 34, would be the first person in the United States prosecuted for illegally coordinating federal election contributions, according to the government.

Harber, an aide in the mid 2000s to Knox County Mayor Mike Ragsdale, admitted in February in U.S. District Court in Virginia that he secretly used more than $300,000 from a Super PAC he helped set up to benefit the campaign of a Virginia Republican congressional candidate he was managing in 2012.

The former Tennessean, who left Ragsdale's administration in 2005 amid accusations of engaging in local political dirty tricks, also admitted lying to the FBI about what he was doing.

Federal law bans anyone from coordinating Super PAC money with political candidates and campaigns.

He also has admitted using $138,000 in National Republican Victory Fund money for his own benefit and that of his family, documents show.

According to the government, Harber used his wife and mother in trying to carry out the scheme.

Political journal "Campaigns & Elections" once called Harber a "rising star" in American politics.

They've since renounced him.

Federal prosecutors are urging U.S. District Judge Liam O'Grady of the Eastern District of Virginia to acknowledge the importance of setting a precedent in punishing Harber, who they characterize as "an intelligent and careful man with significant experience in politics and campaign finance."

"He knew exactly what he was doing and exactly the best way to conceal it from his party and from law enforcement," Assistant U.S. Attorney Mark D. Lytle writes in his sentencing memo.

"He is, in short, the most dangerous sort of political operative by virtue of his knowledge and experience, and he employed both to successfully complete the crimes he intended."

Rest of story RIGHT HERE.

Victim Life Photo Bill becomes law

Allen, left, with Haslam

District Attorney General Charme Allen was with Governor Bill Haslam today in Nashville as he signed the Victim Life Photo Bill into law, according to a release from the DA's office. The signing ceremony was the culmination a yearlong effort by victims' families, General Allen, and other elected DAs from across the state.

General Allen and her staff visited with state legislators multiple times throughout this legislative session to stress the importance of this bill. Victims' rights groups such as HOPE for Victims, which was co-founded by Joan Berry, zealously advocated for the passage of this important legislation.

The new law, which will take effect July 1, allows prosecutors in murder trials to show the jury a photograph of the victim while they were still alive.

“Murderers are present in murder trials. Tragically, murder victims are not," Allen said. "The jury should have the opportunity to see murder victims as they lived, not as they appeared in crime scene or autopsy photos. Prior to the passage of this law, many courts prohibited prosecutors from displaying photographs of the victim taken during their life. From this point forward, jurors will now be able to see the victim as they judge the fate of the accused.”

E-911 Board still seeking radio consultant after last one bailed

E-911 Board members

Chalk this one up to either being a greed-head or just the pure enjoyment of wasting everyone's time (heh):

A consultant that was supposed to help the Knox County E-911 Board determine the best direction to take its radio system wanted additional work and roughly $225,000 more than officials were ready to provide.

So, now it's back to the drawing board.

County emergency personnel on Wednesday again agreed to let a consultant determine whether the area would be better off building its own $9 million radio system or joining a state-operated program.

This time, however, officials want to give firms at least a month to submit proposals, and they won't cap the dollar amount to do the work.

In April, board members approved a similar proposal and hoped a firm could make an assessment for no more than $25,000. The bid went out for only 10 days and just two firms – both from Georgia – responded.

The county then negotiated what officials thought was a solid plan with Tusa Consulting Services, in Decatur, Ga. The firm, according to board members, suggested that it wanted to do more work and for more money - as much as $225,000 more.

Tusa then ceased negotiating with the county once officials said the deal was for one contract only, according to Knox County Purchasing Director Hugh Holt.

On Wednesday, the board decided to try again.

For the rest of the story, RIGHT SMACK HERE.

County puts plans to sell AJ Building in writing; KCS admin to move

AJ Building on Main Street

Knox County officials are working together to bring life back to the south end of Gay Street. It begins with the redevelopment of the historic Andrew Johnson Building.

Mayor Tim Burchett announced Monday he will be working with Dr. Jim McIntyre to relocate the school board in order to sell the building. The school administration is headquartered there, along with some other public offices.

"You take state, local, and federal government-- we own over half the real estate in downtown Knoxville. When is enough enough? I'd like to see it go back the other way," Burchett said Tuesday.

The plans are something the county has been looking into for quite some time. In fact, just last month the county purchasing department issued a request for information to see who may be interested in purchasing the old hotel.

For rest of story and a look at the history, RIGHT SMACK HERE.

State DA's to make justice system 'as effective and fair as possible'

Tennessee District Attorneys are announcing today their statewide initiative to make Tennessee’s criminal justice system as effective and fair as possible for every citizen.

Knox County District Attorney Charme Allen points out “The challenges faced by the criminal justice system today are as serious and complex as those faced at any time in our nation’s history. The effectiveness of our system depends on the fairness, dedication, legal skills, and common sense of the legal professionals who serve in it. My fellow DAs and I are dedicated to making the criminal justice system as fair and effective as possible.”

In 2013, Tennessee District Attorneys established the Justice and Professionalism Committee to identify and implement best practices in all aspects of the prosecutor’s responsibility. Tennessee District Attorneys were among the first group of state prosecutors to join the “Best Practices” movement for prosecutors now spreading across the country. Through this initiative, Tennessee District Attorneys are networked with prosecutors in many other states, sharing information and ideas about criminal justice issues and the best ways to deal with them.

The initial focus of the Justice and Professionalism Committee has been on legal and ethical requirements for prosecutors to provide defendants information related to the charges against them. These requirements often apply even to information unknown to prosecutors in possession of agencies assisting in investigations, which more and more includes massive amounts of digital and forensic evidence. Technical and scientific knowledge as well as legal expertise will often be necessary even in prosecuting less serious criminal cases.

Read the rest of the news release RIGHT HERE.

'The Jim & Tim Show' announce changes to the proposed budget; the good, bad, whatever and looking ahead

McIntyre, left, Burchett, right

By now I suspect everyone has heard about the little Kumbaya the county mayor and superintendent had this afternoon when the two got together to announce major changes to the proposed $747.2 million budget for the upcoming fiscal year.

Superintendent Jim McIntyre even joked about how the media often calls it the "Jim Vs. Tim Show." Or some such nonsense. Heh. Yeah, actually it's true, and for his sake I hope he doesn't expect today's dog and pony show to do away with it.

Folks, these two do not get along. And they will find other things to fight about.

But, for today they did. Get along. I suppose.

Anyhoo, we've got stories RIGHT SMACK HERE. I was off today, so I took a leisurely nap while the hoopla took place and now get to armchair quarterback.

Why? 'Cause I'm obnoxious.

So, at the heart of the proposals is a plan to build schools in the Hardin Valley and the Gibbs community. But, not one in north central Knox County.

There will be no tax increase. The county will have more control over the school system's purse strings (old, old consent decree be damned). Teachers will get a 2 percent raise. The mayor will phase out his reading program. The A.J. Building will be put up for sale.

BURCHETT'S SPEECH: RIGHT SMACK HERE.

MOU: RIGHT SMACK HERE

There's more, of course, but you can check out WBIR - hey, we'll have stories all day today - for the most complete coverage.

That said, this isn't some touchy, feely blog where we give out compliments. Heck no! We enjoy entertainment at other peoples' expense on the 'ol Porch.

So, let's look at this plan. There are lots and lots of problems.

The proposal will build a school for a community that does not need it. End of argument. Disagree, whatever, I don't care. The proponents of this school say the bus routes are long, their children spend hours getting carted to and from school, etc. Guess what? It's worse elsewhere.

Others say that building a school in East Knox County will encourage growth and development. Guess what? School systems aren't in the business to encourage development. I'm respectfully disagreeing here with Knox County Commissioner Dave Wright who will tell you - and he'll do it convincingly - otherwise.

Hardin Valley needs a school. So does North Central Knoxville, or Knox County, or wherever it was McIntyre proposed building one. Rezoning isn't going to work, and the students aren't just going to disappear by not building it.

Why didn't this school get thrown into the mix? Blame the parents, blame the representation (on the school board and the county commission). Squeaky wheel and all that. Sit on your hands and do nothing, you get nothing.

The folks out in East Knox County know how to petition leadership. Heck, they got a Carter Elementary school built a few years ago (although they did need one).

Now, the county could be on the hook for $9 million to build Gibbs. Since the county's purchasing department - under Burchett's management - will oversee the bidding, building, whatever, I suspect the school will be built for under $25 million, rather than the "up to $30 million" proposal. (The school system covers the rest.)

That said, if the county is on the hook for $9 million, that really means the county is on the hook for about 18 million. Bonds. Interest. 20 years.

OK, so we build schools - how do we pay to operate them (as much as $6 million a year)? Well, supposedly school debt is falling off. So, as long as the school system doesn't increase it's capital budget, then they can use that money.

Yeah, well, don't forget that elementary school in North Central Knox that we still need.

I don't buy it. No, here's what probably happens. The schools come online in a couple years when Burchett is out of office and there's a push for a tax increase to cover these costs.

Also under the plan, McIntyre will cut $1 million in administrative costs. Whatever that means. Maybe he'll quit putting employees on paid administrative leave for years on end. Maybe he'll get rid of his buddies. Maybe he'll quit handing out raises and calling them promotions.

Whatever.

Either way, it could be a sticking point if the Board of Education doesn't like his proposed cuts.

And they might not. The dude tried to save a ton of coin years ago by outsourcing custodians and that went over like a lead balloon. (That was actually a compliment by the way.)

Today's proposal, however, might - I said "might" - make for a headache free budget session next year, and for a few more years to come. You see under the plan, McIntyre won't put together a budget that goes above and beyond revenue projections, like he has a number of times in the past couple of years.

But - BUT - the county finance is charged with coming up with those projections and the KCS school system must approve them. So, there's THAT. And THAT is called an escape clause. (Burchett's people are ultra conservative when it comes to revenue projections. Note all the surplus coin each year.)

Further, we're talking about two entities (county-school) that don't agree on a lot when it comes to dollars, cents and sense.

Still, Burchett can buckle down and start running for another office without having to worry about getting dinged on school issues. (The memorandum of understanding that Burchett and McIntyre created ends when he leaves his mayoral post. That shouldn't be lost on anyone.)

Further, the county now has some control over the school system's purse strings. Not a lot, but there were some concessions made today.

Look, I could complain about this all day, and some will. Today's announcement is gonna get a lot of play in the media, and rightly so.

And within a month, I suspect we'll see the return of the true "Jim and Tim Show."

But, well, screw it. They get today.

So, congratulations for trying to work together and better the county and the school system.

Too bad it wasn't done earlier.

Heh.

I'm out.

Cumberland Ave lanes to close 6-9

For six weeks beginning Tuesday, June 9, all eastbound lanes of Cumberland Avenue between University Commons and West Volunteer Boulevard will be closed – the next step in a $17 million reconstruction.

During this period, one westbound lane of traffic will remain open (except for one complete weekend closure to rebuild the railroad crossing). There will be no westbound left turns onto Cumberland from West Volunteer Boulevard.

Crews will be installing a new 42-inch storm sewer pipe approximately 12 feet below the roadway, which will trigger the lane closures.

The Phase I reconstruction of the section of Cumberland Avenue from Alcoa Highway to West Volunteer Boulevard will continue through late fall 2015, though two-way traffic will resume before the University of Tennessee resumes classes in August. (Throughout most of Phase I, contractors are keeping one lane open in each direction.)

“We know with this next phase closing two-way traffic, through mid-summer, it will take a little additional time for eastbound motorists to navigate the Cumberland Avenue Corridor,” said Anne Wallace, Project Manager for the City of Knoxville’s Office of Redevelopment.

Motorists wishing to access Cumberland Avenue from the south can do so by taking Neyland Drive to Joe Johnson Drive to Volunteer Boulevard. Those wishing to reach Cumberland Avenue from the north or coming off Interstate 40/75 can do so by taking 17th Street onto Cumberland or Fort Sanders side streets.

Meanwhile, motorists who aren’t shopping or dining or trying to reach a Cumberland Avenue business can avoid the construction zone altogether by taking either Neyland Drive or 17th Street to or from I-40/75.

“Merchants remain accessible, so we encourage shoppers and diners to please continue to patronize them,” Wallace said. “In fact, the Free Fare KAT bus is a great way to visit. Routes 10, 11 and 17 are all free from Gay Street to Cumberland.

Free public parking on weekends and after 6 p.m. weekdays is available in the Fort Sanders Regional Medical Center lot at 19th Street and White Avenue and in the UT Federal Credit Union lot at 22nd Street and White Avenue.

Once Phase I work is completed, full traffic access will be restored from 22nd Street west.

Phase II work, moving eastward from 22nd Street to 17th Street, is scheduled to begin by Dec. 1, 2015. The full project is scheduled for completion by Aug. 31, 2017.

2nd Saturday concerts kick off 6-13

Knox County's summer concert series, Second Saturday Concerts at The Cove, continues this year with live entertainment for the whole family. The free concerts, held June through September on the second Saturday of each month, take place from 6 to 8 p.m. at The Cove at Concord Park, 11808 S. Northshore Drive. Attendees are encouraged to bring their own blankets or lawn chairs.

The dates and bands for summer 2015 are:

June 13 – Second Opinion

July 11 – Kitty Wampus

Aug. 8 – Shane

Sept. 12 – The Hitmen

If any concert has to be canceled due to inclement weather, a notification will be posted to the Knox County Parks & Rec Facebook page RIGHT HERE  and the Knox County homepage RIGHT HERE.

Circuit Court Clerk Shanks argues Wheeler worked for her, not county

Shanks

Knox County Circuit Court Clerk Cathy Shanks argues former second-in-command Tim Wheeler was an employee of her office and not a county employee as he contends.

Tim Wheeler filed suit against Shanks, an elected official, last month after she dismissed him. Wheeler is seeking to get his old job back, and he argues he's a Knox County employee.

Wheeler has no right to proceed under the county's personnel ordinance to appeal his termination because he's not a county worker, Shanks states in a response filed Friday to his Circuit Court lawsuit.

"It is averred that (Wheeler) was an employee of the Office of the Clerk of the Circuit Court-Divisions I, II, and III, the General Sessions Court, Civil Division and the Juvenile Court for Knox County, Tenn.," Shanks' response states.

Wheeler

As a county employee, Wheeler would have the right to appeal termination under the county's personnel ordinance.

Shanks fired Wheeler on Friday, April 24, as he prepared to go on vacation.

She sent him a text two days before that said: "Go ahead and take off until your cruise. We've got it covered and OBVIOUSLY you need the rest."

He had worked under her since December 2001. His termination notice lists "office reorganization" as the reason he was let go.

Wheeler earned almost $82,000 annually.

BOE member's friend jumps the gun; solicits campaign funds too early

Karen Carson

Seems that in the past couple of days, a lot of folks spent some time talking about an email sent out by a former school board member, hoping to raise campaign coin for a current school board member who wants to run for a state seat.

Me? I spent my time watching Mick and Keith tear up Ohio Stadium. And it was awesome. Heh.

Anyhoo, there’s the deal:

Knox County school board member Karen Carson plans to run for the 14th District state House seat that was recently vacated by Ryan Haynes, R-Knoxville. More than likely the primary will be held on Aug. 12 with the general election on Sept. 29.

(Don’t hold me to it, but for what it’s worth, I believe Carson once told me she is Republican.)

Now, here’s the problem:

Diane Jablonski, a former school board member who also sat on the county’s charter review committee, sent an email out on Friday evening to a number of folks, soliciting campaign dollars for Carson’s eventual campaign. (And, yes, for those asking, Superintendent Jim McIntyre was copied on the email although that shouldn’t mean anything one way or the other.)

This is the email:

My friend, Karen Carson has decided to run for the vacant state representative seat, previously held by Ryan Haynes, This will be a very short campaign and Karen needs our help now. Karen has served our district with excellence as the 5th district School Board representative. She has been Board chair and as such represented the entire county. She is also an emergency room nurse at Children's hospital and I cannot think of anyone would rather have attending to my child. Her knowledge of a broad scope of state issues is beyond most other candidates. I implore you to support her efforts by sending a campaign donation to Karen Carson for State Representative. Please be generous, your donation of $100, $200, $500, or $1,000 can make a huge difference to our area. Karen is still in the process of establishing her campaign; but you can send your donation to me and I will make sure that her campaign gets it!

Jablonski in the past has served as Carson’s campaign treasurer when she ran for her school board seat. However, Carson as of Monday night had not officially appointed a treasurer for a state seat nor had she filed the paperwork.

That means no one at this point should be soliciting money on behalf of Carson.

I talked with Drew Rawlins, the executive director of the Tennessee Bureau of Ethics and Campaign Finance.

Here’s what he said, though, about it:

“You’re supposed to file an ‘appointment of treasurer’ with our office before you raise money. A person shouldn’t be raising money for someone else to run unless that person has appointed a treasurer. Someone should be appointed as a treasurer before someone raises money.”

He also said a candidate can be assessed a fine up to $10,000 for failing to appoint a treasurer.

Now, let’s not kid ourselves here – no one is getting fined $10,000. Or even $1,000. Or even $1.

Here’s what Carson, who said she was not aware of the email, told me:

“I will say at this point, I have told anybody I’m talking to that I’m seriously considering a run for that seat, but I am absolutely aware that I can’t take a penny until I have a treasurer and it’s filed with the state election commission.”

She also noted that she can’t run for a race until there’s an open seat. (Technically, there’s no election until the governor issues a “writ of election,” ordering one.)

She also said that she hasn’t directed anyone to solicit money “or taken a penny,” and that she’s “very aware of the finance laws.”

So, that leaves us with Jablonski. I reached out to her Monday night (and by the way folks, I’m not even supposed be working).

I asked her about the matter.

Here’s what she had to say:

“Mike I just was so excited about the prospect of Karen running that I totally jumped the gun by sending the e-mail. Karen had no knowledge of the email that I sent. I have resent to my contacts telling them that I had no permission to send the email and that any consideration of support for her run for the seat should wait until she has formally announced and named her treasurer. This is totally an error on my part as Karen had no knowledge of my attempts on her behalf. I have not raised any money thus far, and if I do receive any funds they will be returned with a letter of apology.”

So, there ya go.

Now, all that said, this is going to be one interesting one. There’s not a lot of time to campaign between now and the primary and this race will be the only one on the ballot. And I seriously doubt a lot of people will be hitting the ballot boxes come (special) Election Day.

Of course, I’ll let you know when we have the candidates on Inside Tennessee.

I’m out.

Public hearing for budget on June 8

The Knox County Commission will hold a public hearing at 6 p.m. June 8 to talk about the county Mayor's proposed budget. It will be held in the Main Assembly Room of the City County Building.

You can read about our budget coverage RIGHT HERE.

Meeting set for student assessments

The Knox County Schools’ Student Assessment Inventory Committee will host a community meeting on Tuesday, June 2, at 6 p.m. at West High School (3300 Sutherland Avenue) to begin to gather input from the community regarding student assessments. The meeting is open to educators, students, parents and members of the community. The community meeting is part of a broader comprehensive student assessment analysis the school system is conducting, funded by a grant provided by Achieve, Inc. The Student Assessment Inventory Committee is comprised of teachers, school counselors and district administrators.

The purpose of the comprehensive student assessment analysis is to help address questions and concerns about assessment that have been raised by the Knox County community. It was one of the seven community conversations included in Superintendent Jim McIntyre’s 2015 State of the Schools Address. Ultimately, the goal of the analysis is to help ensure that all assessments given to students in the Knox County Schools are either required or useful in informing instructional decisions.

During this phase of the project, a comprehensive inventory of the assessments administered across the district will be created. In addition to the community forum, the school district will also collect input from school leaders, teachers and students through a combination of school meetings, focus groups, individual interviews and surveys.

The June 2nd community meeting will begin with a brief overview, followed by “break-out” sessions where participants can discuss their questions and concerns related to student assessment. Break-out sessions will be divided into specialty populations, such as an English Language Learners small group, special education small group and grade level-specific small groups. After the break-out sessions, the small groups will summarize their discussions for the broader group. The large group sessions will stream live on knoxschools.org/kcstv and can be viewed live on Comcast cable channel 10 or AT&T U-verse channel 99.