[invocation/opening procession]
Friends, Lawyers, Countymen,
Lend me your ears.
I come to bury our commissioners, not to praise them.
The evil that men do lives after them.
The good is oft interred with their bones.
So let it be with our commissioners...
The noble Reformer hath told you our
our commissioners were ambitious:
If it were so, it was a grievous fault,
and grievously hath our commissioners answered it.
Here, under leave of the Reformer and the rest,
(for the Reformer is an honorable man;
so are they all; all honorable men...)
come I to speak in our commissioners' funeral.
The posted notices for this presentation were removed from the common areas of Elsinore Courthouse -- twice -- by honorable men. If you saw one, you would have found this presentation is titled: County Corruption, County Reform: A Lawyer's Primer. This is an accurate discription; a worthy title. It is also a volatile one that motivates honorable men to keep it from public view.
So now let us rename this presentation as something a little more covert, under the radar, something that might make honorable men scratch their heads with puzzlement, but would not compel them to remove public notices bearing its name. Let us now call this presentation: The Leviathan Trilogy.
What is Leviathan?
What is Social Contract Theory?
What is the State of Nature?
Now that I have opened the door to the central metaphor of this presentation, I will push you through. But you can skip the book, we're going straight to the movie. Leviathan: The Movie. It's a trilogy, actually, with a prequel and a sequel. Let us begin.
Three Organizations Through Time:
The Transition Group (The Prequel)
The New County Government (Leviathan)
Charter Review Commission (The Sequel)
LEVIATHAN: THE PREQUEL
THE TRANSITION GROUP: Created by the SECTION 13.07 of the Charter passed by voter referendum (issue 6). Precedes the new government:
Current County Commissioners SHALL designate three senior administrative officials (McCAFFERTY/HOLLAND/NANNI) who SHALL develop recommendations for the orderly and efficient transition to the operation of the county govt. under this charter and SHALL work with newly elected county officials. BOCC SHALL Provide necessary facilities and support for TAG and SHALL make provisions in the county budget for salaries of elected officers and for such matters as shall be necessary and practicable to provide for the transition. ALL COUNTY OFFICIALS and EMPLOYEES SHALL cooperate with TAG and SHALL use their best efforts to assist the newly elected County officials and their designees and representatives in implementing transition.
Executive Committee: (charter makes no mention of an "executive committee," but we have one anyway)
McCafferty County Admin
Zanotti -issue 6 cheerleader, New Cuyahoga Now policy group, former mayor of Parma Hts.
McShepard - RPM International (Medina-based contributor to Issue 6: $10,000)
Thornton
Cutler - CEO of Eator Corp ($50,000 to Issue 6)
Zenty - Chief Exec University Hospitals
Mayor Frank Jackson
Committee of Chairs:
Public Engagement, County Government Collaboration, Finance/Administration, Justice Services, Human Services, Human Resources, Information Technology, Procurement and Public Works, Economic Development, County Council Planning, Boards and Commissions
FIRST TEST:
OPENNESS/TRANSPARENCY (flunked)
BLOOMSDAY SAYS: EVERY GATHERING RELATED TO THE TRANSITION MUST BE IN A PUBLIC FORUM, MUST BE VIDEO RECORDED FOR LIVE OR SUBSEQUENT BROADCAST, MUST BE TRANSCRIBED BY A STENOGRAPHER. BOTH VIDEO FEED AND TRANSCRIPTIONS MUST BE AVAILABLE ON THE INTERNET. ALL MEETINGS SHOULD TAKE PLACE IN A PUBLIC AUDITORIUM, PERHAPS SOMEWHERE LIKE...LIKE...
PUBLIC AUDITORIUM!!!
SELL POPCORN, NACHOS, PRETZELS AND DOGS, IF YOU WANT.
ALL MEETINGS ARRANGED BY THE TRANSITION ADVISORY GROUP SHOULD TAKE PLACE AT THE SAME TIME, THE SAME LOCATION, TWICE MONTHLY PERHAPS. HOW ABOUT FIRST AND THIRD WEDNESDAY? CONCURRENT MEETINGS OF COMMITTEES SHOULD ALL OCCUR AT ONCE, SAME PLACE, SAME TIME, SAME LOCATION, AND SHOULD EACH REPORT TO ALL AFTER CONCURRENT MEETINGS END.
SECOND TEST:
SCOPE OF DUTIES (flunked)
Basically should be finding tables and chairs and video cameras and stenographers pens and paper. Instead, TAG is setting policy for the new government to be:
Cut County Expenses by 15% and redirect money into economic development projects.
LEVIATHAN: THE MOVIE
THE NEW COUNTY GOVERNMENT:
Elected County Executive, Eleven County Council Members
Office Term Shenanigans/ Redistricting Shenanigans
Council Districting Commission (immediately following 2010 census)
Lesgislative Action:
Adoption by council: No action of Council shall be valid or binding unless adopted by an affirmative vote of at least a majority of members (6). Each ordinance or resolution shall be signed by presiding officer and promptly presented by the Clerk of Council to the County Executive for approval or disapproval.
County Exec may approve or disapprove the whole or any item of an ordinance or resolution appropriating money, but otherwise the approval or disapproval shall be addressed to the entire ordinance or resolution. IF the County Executive approves, shall be signed and returned to the Clerk w/in ten days after passage or adoption. IF County Executive does not approve, County Executive shall return the measure with his or her written objections within 10 days. Such written objections shall be entered in full in the record of proceedings of the Council. If County Executive does not return a measure within 10 day period, the measure shall take effect as if County Exec had approved.
When County Exec has disapproved an ordinance or resolution, or part or item therein, The Council may, not later than its second regular meeting following such disapproval, proceed to reconsider the disapproved measure. IF, upon reconsideration, the measure is approved by at least 8 members of Council, it shall then take effect as if it has received the approval of the County Executive.
Appointed OFficers: (The Row Offices)
Each shall be appointed by the County Executive, subject to confirmation by council, and shall serve at the pleasure of the County Executive
Fiscal Officer: Shall exercise all powers and perform all duties now or hereafter vested in or imposed by general law upon county auditors and county recorders and the powers and duties of clerks of the court of common pleas other than those powers and duties related to serving the operation of the courts; tax maps.
Medical Examiner
Clerk of Courts
Director of Public Works
Director of Law
County Treasurer
Sheriff
Boards and Commissions: Budget commission is: the County Executive, the Fiscal Officer, and The County Prosecutor.
LEVIATHAN: THE SEQUEL
CHARTER REVIEW COMMISSION: SECTION 12.09
Commencing in Sept 2012, County Exec, with confirmation of council, shall appoint CRC consisting of nine electors.
THE INITIAL CHARTER REVIEW COMMISSION SHALL INCLUDE IN ITS DELIBERATIONS CONSIDERATION OF CHANGES IN THIS CHARTER FOR THE PURPOSE OF PROVIDING MORE EFFECTIVE REPRESENTATION OF INDIGENT DEFENDANTS, FOR ADEQUATE FUNDING AND SUPPORT FOR THE OPERATION OF THE OFFICE OF THE COUNTY PUBLIC DEFENDER, AND FOR THE APPROPRIATE METHOD FOR SELECTION OF THE COUNTY PUBLIC DEFENDER.
