http://m.lakenewsonline.com/article/20130722/OPINION/130729876/1007/OPINION

From Keith Broekemeier

Talk of a new road expansion for F, TT and MM has been brought to the Camden County Commission by the Bridge Corporation this past May 28th. During this meeting the Bridge Corporation wanted to discuss the Tiger 5 grant. Bridge Corp. would have to secure two million dollar to insure retaining the Tiger 5 grant and they feel confident in securing these funds and predicts a 10% increase in volume of traffic if the expansion is accepted.

Mr. Cliff Luber has brought monumental attention to the citizens of Camden County about vague wording in the Tiger 5 and Mr. Frankens willingness to put up one million to help Bridge Corp. with the grant. Mr. Luber has informed the public with details about the loan Franken has offered. This loan would be made to the Bridge Corp. with little to no interest and a indefinite timetable on paying back the loan. Commissioner Luber was never informed of any offers being made by the county till the meeting was all ready in section.

This has become a habit of Commissioner Franken, not informing our 1st and 2nd commissioners of agendas that are taking place until the meeting is already in progress.
I don’t know how we can have an effective commission when we have one commissioner always leaving our other two in the dark. This only seems to be a habit for Mr. Franken when it comes to spending the taxpayers money. Franken never informed Bev Thomas about the software deal until the day of purchase and our other commissioner (Gumm was 2nd commissioner at the time) was out of town. Which was $60,000 originally(now $53,000) and now a $1,000,000 to help out the Bridge Corp. secure a grant.

How can the county trust Commissioner Franken, when he seems to be making deals before meetings have taken place. It’s my understanding our 1st and 2nd commissioners need to be aware of what‘s happening before the day of. Thomas and Luber are there so the commission isn’t run like a dictatorship.

Franken was on the radio last Monday morning talking about county tax revenue and still pushing for the EEZ. Franken did spend three seconds stating that “if the county didn’t want to go with the EEZ, that was ok with him“. Then talked for 4 minutes making the case that the county needs it if we want to entice business’s to come here. Franken stated that the EEZ is “Missouri’s primary tool for attracting new business“. Surprise, surprise this is not true. There are many incentive programs the state of Missouri offers that are far better than the EEZ. Franken, made it sound like the EEZ is the easy way to victory for our area, which in reality it’s the farthest thing from.. It’s not pass in our county, so why not look into other incentive programs that would bring business here. This is not happening because Mr. Franken seems to think it too much work.

Manny with the morning magazine on KRMS, brought up the new Wood’s store on Hwy 5 and F and asked Franken if revenue for that store is coming in as expected. Franken said it was too early to tell at this point, he would have better information on this next month. This new Wood’s store was built with a TIF. The developer is to receive $5,300,000 in reimburse project costs, approximately 33 percent of the total project costs — $4,550,000 for site development and $750,000 for professional services. The developer projects reimbursement will be complete, or bonds will be retired, in about 15 years, by the year 2027, assuming a 7% interest rate.

Knowing the store was built with a TIF, this has added some strain on the Fire Dept. The Dept is now soliciting for tax increases because of Wood‘s tax incentive. The county knew cutting the sales tax would effect the Fire Dept. and leave it unequipped to handle a fire if one were to brake out at Wood‘s. Not only that, the new store has to double it’s revenue to meet it’s previous mark with the country.

I don’t know if this is possible. It seem to me that this store was built to appease our tourist down Shawnee Bend, not to generate tax money. Let’s remember too that this has left Greenview without a grocery store. So anyone around that area has to travel to Camdenton or Sunrise Beach. This will cost our locals more in gas. So, we have a new store and now talks of road expansion that Franken is willing to give a million dollars for.

Some might not know, if the EEZ is passed that the area from F road to the toll bridge is not effected, most of the areas effected will be where our locals live.

This makes one wonder, is the best interest of the county at heart or is the county more worried about keeping tourist happy? What is taking place to bring good paying jobs here? Most of the jobs created have been minimum wage. I understand creating this jobs are better than not having any jobs at all, but this does not fix the problem. These people will still have to be on some kind of government assistance because the wages are too low.

Those thinking the EEZ is the only way to go, do more research. It’s a small time tax incentive, let me show you.

Manufacturing suppliers located in one of the 100+ “Enhanced Enterprise Zones” that will create at least 2 new jobs (with average wages at least 75% of the county average) and $100,000 in new capital investment may receive refundable tax credits for 2% of new payroll and ½% of new capital investment (limited to $500,000/year), each year for 5 years.

Example: 20 new jobs @ $30,000 average wage and $500,000 new capital investment could result in $72,500 in refundable tax credits over 5 years.

This is not going to bring new business. Franken stated on Monday’s radio show that manufacturers want buildings with 15 to 20 foot side-walls. He also said that most of our vacant buildings are only 8 to 10 side-walls. So, why would a manufacturer move to Camdenton? This tax break is only good for manufacturing. I doubt a company would building a new facility in Camden County when other cities offer better incentives programs.

I just wonder what Franken is thinking? Why would the county help out the Bridge Corp. with a million dollar loan? They said they could come up with the money, Bridge Corp. doesn‘t cut the locals any breaks. I think Mr. luber had the right idea, use that money on the employee’s and the equipment those employee’s need to do their jobs. Just a thought

http://m.lakenewsonline.com/article/20130724/NEWS/130729544?template=mobileArticle%A7=Top%20Stories↦=1683

http://m.lakenewsonline.com/article/20130730/OPINION/130739894/1007/OPINION

Despite rhetoric from Camdenton School Board president, Chris McElyea, the District is following through with a determined effort to silence public input on the allegations that led to Camdenton Middle School principal, Sean Kirksey being suspended, pending a disciplinary hearing. Hadfield and the board want to decide the fate of the Mr. Kirksey, the 2004 Missouri State Assistant Principal of the Year award winner, in secrecy, behind closed doors. They wish to avoid public discussion of the matters related to Mr. Kirksey’s suspension and the minor infractions reported by DESE. They have gone so far as to ask the opinion of the District’s lawyer, Tom Mickes, to provide ‘legal cover’, no matter how flimsy, to justify the ”need” for secrecy. Those on the Board and in school administration are incredibly determined to keep their actions in Mr. Kirksey’s case secret. They would prefer that there be no record of their actions for the public to scrutinize. They would prefer to be able to manipulate the story and issue only their ”official version” of what happens behind closed doors. Washington-style politics have wormed their way into the school district. The recent actions, or rather, inactions, of some current board members shows that they are willing to promote fallacious stories in order to further their own ends. This same inaction and lack of leadership by the Board has allowed Hadfield to decree that the public should have no say in decisions he makes.

Chris McElyea has listened to the pleas of the public in the case of Mr. Kirksey. He is content to shrug his shoulders and give us an ”aww shucks” while refusing to address the public’s very basic right to comment on cheating allegations. He would duck and cover behind technicalities and legal opinions while dodging his responsibility as an elected official to open the hearing to the public. Chris McElyea has chosen to discard the District’s own school board policy. In much the same way as Washington has dismissed the Constitution, McElyea seems content to ignore the policy’s own suggested remedy in handling personnel hearings.

The policy states the hearing shall be open to the public.

This section applies to tenured teachers, not administrators like Mr. Kirksey. The School Board Policy would suggest however, that the hearing process can be applied to administrators, in lieu of other avenues. Certainly, Mr. Kirksey, under whose leadership has led to teachers in the Camdenton Middle School being awarded Teacher of the Year, would deserve this same consideration, especially since he is asking for a public hearing. It is a reasonable request from a man with nothing to hide. He would prefer the public have access to the facts and merits surrounding any disciplinary action taken against him. As an educator, his entire career rests on the actions that will be taken by the Board. Termination because of ‘testing irregularities’ will make it difficult for him to continue his career as a principal. The livelihood of his family is at stake. If the man wants a public hearing to clear his name, he should have it. Those willing to speak publicly have nothing to hide. Those who would rather operate in secret and behind closed doors create the perception that they do.

Their silence earlier this year in the case of Dr. Henry’s resignation from the District is precisely why Mr. Kirksey’s hearing must be open. Unfortunately, we cannot trust most of them to deliver truth to the parents they serve. As witnessed earlier this year, they are content to remain silent while the media reports fallacy as fiction. The fiction, the false narrative, served their political will, after all. It became the basis of a smear campaign against three then-board members. Four current board members, those who weren’t targets of this public relations siege, were also board members at that time.Of them, not a single board member came out to state the facts regarding Dr. Henry’s resignation. They did not countermand the Lake Sun’s false report that his contract was not renewed. They simply sat quietly, shrugging their shoulders, giving us the ”aww shucks” routine, while the truth was manipulated. This manipulation led to the character attacks on the members of the board who stood in opposition to closed doors and hush-hush deals, such as the one that has a maintenance supervisor at the school making more than two teacher’s salaries each year. These same board members also sat by while a coat of white-wash was placed over this same maintenance supervisor’s role in construction bids and cost overruns that resulted in a transfer of a million dollars to the general fund from the teacher’s insurance account. Nancy Masterson went so far as to indicate if the transfer were a true manipulation of funds, would it go unnoticed for so long?

The answer, Ms. Masterson, is yes.

The ‘fix’ was in when the District decided to hire a maintenance supervisor at approximately $70,000 a year in salary. The ‘fix’ was in when companies affiliated with Mr. Dickeman were then awarded contracts for construction on our school. The ‘fix’ was most certainly in when construction costs from these companies ran over budget approximately $1.5 million dollars.

Chris McElyea, Selynne Barbour, Jackie Schulte, along with Ms. Masterson, all endorsed this, in whole or part, with their silence on the matter when the local paper used those allegations as a means with which to construct yet another false narrative. This time, the target of their ire was the local website LakeWatchdog.blogspot.com. Another “aww shucks” routine and political two-step from these four board members clearly indicates a willingness on their part to mislead the public as to the goings-on in the District. They again sat back in silence while the propaganda machine did its work.

These board members have, at the very least, acted irresponsibility, particularly as related to budget oversight. This is particularly concerning for the Lake of the Ozarks community, as Vice President of the Board Nancy Masterson has also had oversight of other construction projects in her capacity on the Ha Ha Tonka park board. In that role, she oversaw construction by our very own current Presiding Commissioner Kris Franken.

These board members have also acted dishonestly, by remaining silent as fiction was peddled as fact in the local tabloid, the Lake Sun. Their silence was an endorsement of the paper’s blatant misrepresentations of fact. Selynne Barbour, who is a regular contributor to both the Lake Sun and LO Profile magazine, certainly could have phoned Joyce Miller and ask that she print a retraction. She chose not to.

Instead, the paper ran a series of pieces that viciously attacked the board members and those who supported them. The editorial bias, highlighted by Gatehouse publisher John Tucker’s editorials, ensured the re-election of Nancy Masterson and election of Mr. Williams. It served to marginalize the board members who were actually serving the community by asking questions about the District’s dealings, as well as investigating the ties and strings associated with Federal programs such as the Race to the Top grant and Common Core standard implementation.

Tucker’s decision to use his paper as a propaganda factory is one that is as simple as this: It is a business decision. The local political establishment are tightly linked to their advertisers. One of their largest is Lake Regional Hospital. One look at past and present board member reveals a who’s who in our business community that serves to outline a greater architecture of business interests using government to advance their own ends. Tucker chose to sell his paper’s credibility as a news organization in exchange for the higher profits of tabloid journalism. This decision, while despicable, can at least be explained by the profit motive. The board members have no such justification.

Now, they would seek to play their ”aww shucks” routine to the public while scheming to continue this disgusting bully system, in silence and behind closed doors. They have systematically applied these tactics to those who don’t go along with the program, as the case of Jan Michaelree clearly demonstrates. They are now using these techniques to tarnish, and potentially end, Sean Kirksey’s career as a principal.

Sean Kirksey graduated from Camdenton High School in 1989. He graduated from SBU with an education degree and earned his masters at Missouri State University. In 2004, as an Assistant Principal, he earned the Missouri State Assistant Principal of the Year award. Sean Kirksey has served us in a fine capacity as CMS principal. He has the respect and admiration of parents, students and teachers alike. That respect should be given him. He should be able to avail himself of the right to have his hearing public, in order to defend his good name.

Our board needs to show some respect, not just for Mr. Kirksey, but for the public they serve and the community members who would like to see Sean Kirksey remain as principal of our middle school. Common sense should prevail in this case, not pettiness.

Those who have stood in support of Sean Kirksey have had threats leveled against them. The pattern of behavior, the standard operating procedure, is clear. We see who endorse it. They would seek to silence any discussion about Sean Kirksey’s situation. They seek to keep the doors on Mr. Kirksey’s hearing closed, in order to continue the cycle of career and reputation violence. They would like to keep this dirty little secret out of the public view.

This is nothing new for our local politicians, in every capacity. Elected officials throughout our county are seeking to hide their dirty little secrets. They are conspiring to hide the growing level of corruption that has infected our systems like a cancer. The tabloid press has refused to report on Presiding Commissioner Kris Franken’s software scandal. They have refused to investigate Franken’s role in the county’s expenditure of $53,000 for software that did not meet the standards of the contract.

Franken also would prefer to do business behind closed doors.

Recently, in an email to Stacy Shore regarding a missing audio file of the July 23rd Commission meeting, Franken complained about using recording devices. He said, “as far as non-agenda meetings are concerned, people who come in to speak informally with the commission do so in confidence to try to get preliminary information on a project or a problem that they are having. I, nor they, believe that those informal meetings should be recorded.”

While we all appreciate Franken’s opinion, the Missouri state statute regarding meetings of the commission, even ‘informal’ ones, are subject to Sunshine Law. The reason for this is obvious, as the software scandal and TIGER Five grant discussions, in which a large sum of tax dollars was considered to subsidize private profits, should be part of the public record. The public has a right to know what’s being done on our dime, like it or not, little Lord Franken.

Franken wasn’t done there. He had more to say, in a deceitful, arrogant tone:

” In fact, since a certain individual has demanded that all commission meetings be recorded regardless of their content of importance, I have had several businesses that are considering coming in to the area or increasing their presence in the area reuse to meet at the courthouse and I have had to go out to meet with them so they were certain they had control of the environment that the meeting was held in. “

Control of the environment the meeting was held in? Sound familiar?

A business wanting to expand in Camden County shouldn’t be afraid to have its dealings with our county commission public. If they are reputable and have good intentions, they have nothing to fear from the taxpayers of this county hearing their proposals. It is our money, not theirs, after all.

Franken went on to say that openness and transparency ” …sends a poor message to businesses about Camden County”.

If that is truly the case, we can have no better representative to sell us out than Kris Franken.

We are tired of watching those of you who would abuse the positions of responsibility we have given you. We are sick of you lying to us. We are tired of being bullied. All of us.

August 12th at 5:30, the community has its first opportunity to speak out against this type of behavior. We have the opportunity to shout it down and say ”no more”.

The question is: Will we?

In advance of Presiding Commissioner Kris Franken’s appearance on KRMS’ Morning Magazine show on Monday, a few questions have been prepared by American Spring and submitted to Manny Haley, in hopes that he will ask them on the air. The public certainly deserves a few answers from the official we pay to conduct business in our names. We also want to see Manny raise the bar for our local media.

Ten easy questions.

1. Has Franken had a chance to review the software contract the county entered into with HCPS?

2. If so, how does he explain the expenditure of $53,000 for a still-faulty payroll system?

2a. If not, what HAS he been doing? (See Question # below)

Each of the three software programs contracted by the county were valued at $20,000 per program. We only received one of these three programs, the payroll system, and it is still problematic. This contract has been a center of controversy for Franken and a source of community questions and concerns.

3. Why did we spend $53,000 on a single system valued at $20,000?

4. What efforts are underway to recover the $33,000 over-payment?

The $33,000, if recovered, could go to good use in the county. A small portion of it could, for example, be used to eliminate all debt for the Macks Creek Community Park and allow the park board to move forward with leasing it for a dollar a year. The community and park board has already agreed to raise funds to maintain the park and insure it.

Let them.

In a recent email to a constituent regarding missing audio files for a July meeting of the commission, Presiding Commissioner Franken made the following statement:

“As far as non-agenda meetings are concerned, people who come in to speak informally with the commission do so in confidence to try to get preliminary information on a project or a problem that they are having. I, nor they, believe that those informal meetings should be recorded. In fact, since a certain individual has demanded that all commission meetings be recorded regardless of their content or importance, I have had several businesses that are considering coming to the area or increasing their presence in our area refuse to meet at the courthouse and I have had to go out to meet with them so they were certain that they had control of the environment that the meeting was held in. While meeting with a business at their location is not an issue, it sends a poor message to businesses about Camden County.”

5. Isn’t it the Sunshine Law, rather than a “certain individual”, that demands the content of even “informal” meetings of the commission be made public?

6. What businesses have refused to meet at the courthouse?

7. Did you inform Commissioners Luber and Thomas of any meetings away from the courthouse?

8. What, exactly, do you mean when you say these businesses wanted to be “certain that they had control of the environment”?

9. How is that an advantageous situation for the tax payers of Camden County?

10. How does transparency in government send a ”poor message” about Camden County and which businesses believe that to be true?

Tomorrow morning, Manny has the chance to ask these questions of our Presiding Commissioner. There are many others he could ask. The audio recording of the July 23 meeting of the commission brings many to mind, particularly as related to the direction of Planning and Zoning. The owners of Sugarloaf Winery voiced significant criticisms of county government. These criticisms bring huge concerns from the community and points to a cancer within local government. It appears that we run a government that is for sale to the largest contributors and bidders. For them, we offer huge breaks on the backs of the people. For the real and all-too-rare ‘Mom and Pop’ local business, that same government creates hurdle after hurdle. Overcoming each comes with a huge cost to a real small business. Those costs have continued to cull our landscape of the family businesses that made the Lake of the Ozarks the tourist destination it now is. The greater good of our community has been sold out over the years.

This practice by our local government is a result of those ”informal meetings” Franken would seek to hide. It also is a very real reason for diminishing tax revenues in Camden County. As more tax breaks are given for large corporations, developers, etc, and more restrictions are put in front of local small business, you create a downward economic spiral. Kris Franken, while promoting himself as our county’s financial expert, apparently missed this classic trend of neoliberal economic failure.

We hope is that Manny will ask them. Ten easy questions.

The answers will tell us a lot.

http://m.lakeexpo.com/news/lake_news/article_52e45c34-2470-11e3-95c9-0019bb2963f4.html?mode=jqm

http://m.newspressnow.com/news/local_news/article_e9b360ee-7b6b-54dd-ade1-275348178806.html?mode=jqm

Tonight at eight on Guerrilla Radio with American Spring: A conversation with candidate for Presiding Commissioner, Greg Hasty.

GREG HASTY FOR PRESIDING COMMISSIONER IN 2014

WHO IS GREG HASTY ?

6TH GENERATION LAKE OF THE OZARKS RESIDENT
SURVEYOR IN CAMDEN COUNTY FOR 40 YEARS
CAMDEN COUNTY SURVEYOR FOR OVER 13 YEARS
PAST PRESIDENT LAKE OF THE OZARKS WEST CHAMBER OF COMMERCE

MEMBER OF THE SONS OF THE AMERICAN REVOLUTION
MEMBER OF THE NATIONAL SOCIETY OF PROFESSIONAL SURVEYORS
MISSOURI LICENSED LAND SURVEYOR & REAL ESTATE BROKER
30 YEAR BUSINESS OWNER AT THE LAKE OF THE OZARKS
SERVED ON CAMDENTON PLANNING AND ZONING BOARD FOR OVER 10 YEARS

GREG’S BACKGROUND;

Greg’s family was involved in the founding of The United State of America. His 6th Great Grandfather was “present at the siege of Little York in the taking of Lord Cornwallis”. Greg’s family moved West after the American Revolution, and settled in the lake area in the 1820’s. His grandmother was born near Old Sagrada, in Camden County in 1906. Greg attended grade school in Richland, Missouri, and graduated from high school in Eldon, Missouri. He decided on a career in surveying before graduating high school, and completed a two year program for Surveying and Civil Engineering in 1974.

Greg began his career in surveying at Dale Miller Surveying in Osage Beach in 1974, and became a licensed Professional Surveyor in 1983. He opened his own surveying business in Sunrise Beach in 1983. During the mid 80’s Greg was President of the Lake of the Ozarks West Chamber of Commerce. Greg was involved in the Bridge 54 and 5 campaign, which resulted in state legislation to allow the Lake of the Ozarks Community Bridge to be built.

From the early 1990’s forward, Greg, was involved in land planning, construction management, and land development for many investors at the Lake of the Ozarks. He became a licensed Real Estate Broker in the mid 1990’s, to handle land acquisition, development, and sales of waterfront lots on the Lake of the Ozarks for a lake developer. Since the mid 1990’s his survey office has been on the square in Camdenton. Greg has served on the planning and zoning board in Camdenton, for over 10 years.

In 2006, Greg led the fight against the Federal Energy Regulatory Commission (FERC), regarding the proposed Impact Minimization Zones (IMZ’s) proposed on the Lake of the Ozarks. The IMZ’s would have had a devastating effect on the value of waterfront owners lands. This was a fight the lake area residents won, preserving individual property rights, as well as the value of their lake investment.

In 2011 – 2012, Greg stepped up for Camden County citizens again, when a FERC Order directed the destruction of hundreds of homes on the Lake of the Ozarks. On November 16, 2011, the Lake Sun Leader, published Greg Hasty’s 3 point plan as a proposed solution to the problem. Greg’s plan, included the lowering of the Project Boundary and execution of Quit Claim Deeds. Many of the items in Greg’s proposed plan were ultimately adopted as a part of the final settlement.

Without question, if not for Greg Hasty’s knowledge of the history of the Lake of the Ozarks, and the deed records, the outcome of these two land issues would have been entirely different.

WHY IS HE RUNNING FOR PRESIDING COMMISSIONER?

This is a crucial time for Camden County, and an experienced, knowledgeable, visionary leader is what this community needs. The Presiding Commissioner of Camden County should not just be the person with the most money behind him, catering to special interests. There is too much at stake in Camden County for its citizens to tolerate pettifogging politicians. Elected officials should lead, not dictate. Every time you turn around, there is a new map, and a new fee associated with it. The rapid erosion, or outright taking of the rights of property owners, in favor of special interests, has to be put in check by competent leadership.

George Washington, Thomas Jefferson, and Abraham Lincoln were trusted surveyors, before entering public service. Their experience, knowledge, and character, made for great leadership at critical times in on nation’s history. These great men, set aside their surveyors boots, to serve the greater good. It’s time for Greg to set aside his surveyors boots and serve.

Greg Hasty knows Camden County from end to end. From a cross in the sidewalk by the School of the Osage Elementary School, to the railroad spike in the pavement at the Southeast corner of Camden County, in Richland. From Branch to Toronto Springs, he has waked it all for 40 years. Over his career he has been directly involved in the layout and construction of many miles of roads, sewers, and other infrastructure at the lake, including Osage Village Shopping Center, the Hospital, the Lake Ozark sewer system, and hundreds of others. He has presented many projects to planning and zoning boards, and also served on planning and zoning boards.

There are many issues that need to be addressed in Camden County. There has never been a time in Camden County’s history as important as the next few years. All you have to do is read the papers and it’s obvious we need new leadership. Greg’s knowledge of land planning, zoning, road construction, sewer construction, big budget development, and real estate, along with his general history and knowledge of Camden County, make him the most qualified candidate for the job.

Simply stated, Greg Hasty is, by far, the most qualified candidate for the work that needs to be done in Camden County.

“I am committed to working hard to serve the citizens of Camden County, with a stable, commonsense leadership strategy for our growing community.”

http://m.lakeexpo.com/news/lake_news/article_506b6a8e-51fb-11e3-be07-0019bb2963f4.html?mode=jqm

http://m.lakeexpo.com/news/lake_news/article_2aba37d0-710d-11e3-94cb-0019bb2963f4.html?mode=jqm

BREAKING NEWS/UPDATE:

Earlier this week, American Spring ran ‘Child Trafficking and MO Schools: Suffer The Children’. This is Part One of a joint investigation by Guerrilla Radio with American Spring and Citizens for a Better Camden County. ‘Child Trafficking and MO Schools Part Two: The Skeleton Key’ is slated for release early this coming week.

As many of you are aware, the response to this piece has been overwhelming. By far, this is the most circulated article published by American Spring. What began as a school’s attempt to terminate a father’s rights has become a much larger story, revealing a sinister, documented pattern of behavior taking place across the state of Missouri. It has revealed dark connections to even darker schemes.

Currently, we are working out arrangements to discuss this piece on next week’s Morning Magazine show with John Rogger on KRMS Radio 97.5 FM. This is a story that simply must come out.

We have been incredibly busy here in the “Bin Laden cave”, as I am sure you can imagine. Details of several more local cases have been brought to our attention and all of those here at American Spring and Citizens for a Better Camden County are anxious to help.

While this case is, hands down, the most important work we have done to date, there are plenty of other things going on in our community and we haven’t lost sight of those.

Next week, when Guerrilla Radio returns from hiatus, we will be talking about Planning and Zoning with Theresa Townsend. We will also be talking about the Trevor Franklin case and the lack of an update on it. We will be talking to Dean and Tannia, who are desperately trying to reunite a father with his children and are meeting resistance from local law enforcement and DFS. We will be talking about the increased use of the CCSD ‘street crimes unit’ and talk about why they have become an invasive, intruding force while turning a blind eye to the welfare of children. We will also talk about the case of Donnie Erwin, and CCSD’s ‘efforts’ to find this missing man. We will talk MO state legislature and neoliberal policies with Keith.

We hope you join us.

In the meantime, we have an update on the Lagares case.

Wednesday, January 15th, 2013, a hearing was scheduled before Camden County Circuit Judge Aaron Koeppen. This hearing was in regards to Sherry Lagares’, grandmother of Kyle and Nicole, petition to intervene on behalf of the children as an ‘interested party’.

Judge Koeppen appeared to backtrack, asking that the grandmother refile. He cited that the original motion did not specify her qualifications as a ‘responsible’ party. Oral arguments were offered by both Lagares’ attorney and Ruth Schulte, attorney for Amanda Rollins.

After arguments, two significant developments: One, that Sherry Lagares is allowed to refile her motion and that it will presumably be ruled upon in coming days. This is an important development as it was expected, given the Judge’s reluctance to hear evidence in the case, that her motion would be denied. This represents a change of course in this case.

Two: A one day, ‘rubber stamp’ trial had been scheduled for the end of this month to finalize custody. Denny’s rights as father have effectively been removed and this trial would have codified that process quietly. In a surprise move, Judge Koeppen moved the date of the trial to April and has set it for three days. The Judge indicated in his remarks that there was ‘obviously a lot of evidence in this case’, when changing the trial date.

Again, another stunning change of direction, given how this case had been proceeding. Previously, without a single hearing, without reviewing any evidence, Kyle was declared a molestor.

Below, you will find an overview of ‘The Skeleton Key’, the second chapter in this insidious, vile plot against innocent children.

In 2010, an order of protection was filed on behalf of the Lagares children. This order of protection appears to have been ignored by the Camden County Sheriff’s Department at the request of Ruth Schulte. CCSD did NOT take Nicole into custody per the order of protection. The reasons why will shock you…

Also, the administrations of both Camdenton and Lebanon school district, along with the law firm of Mickes, Goldman and O’Toole, conspired to take away a father’s rights in order to keep Kyle and Nicole in an abusive situation. Dr. Tammy Lupardus, along with DFS and attorney Ernie Trakas, used a father’s efforts to protect his children as the very basis to terminate his parental rights. We look at this warped, twisted logic and the skeleton key of education and how it is used to open the doors of our homes to the Cult of Corporatism….

And: The Lagares case, sadly, is not an isolated incident. Robert Gipson and his son Casey have been victims of a plot that bears incredible similarities to the Lagares case. In an examination of Casey’s story, we find a common link to the Lagares case that will literally take your breath away…

Plus: Are current students in the Camdenton school district being targeted by this monstrous cabal? What do recent comments from Laclede County DFS and the Lebanon Police Department tell us about this growing pattern of child endangerment?

We look at the skeleton keys and the boogymen who hold them next week on American Spring.

Guerrilla Radio will return full time Monday at noon Central.

Call in and join the conversation.

Recent misrepresentations by the Lake Sun regarding Presiding Commissioner Kris Franken and his end-around attempts to rewrite Article 800 called into question the role of local print media in local politics. The most recent article, a slanted presentation of events authored by Lake News reporter and Westside Star editor Amy Wilson, read like a press release from Lord Franken’s desk. In this blatant piece of public relations propaganda, Wilson misstated several facts and created a false narrative that focused on a political group’s attendance and involvement in Planning and Zoning board meetings instead of reporting facts.

For those who actually attended the meeting, it begs the question: Who is REALLY calling the shots at the Lake Sun, for them to willingly print such a lazy, sloppy, obvious white-wash? Who would have them sell their credibility for pennies on the dollar? That answer, it would appear, can be found by looking to another local source of media, radio station KRMS.

The letter below was sent to 97.5 KRMS before Manny Haley was terminated. The author of the letter was Kim Krostue. In this letter, Krostue purports to represent a group called the ‘Coalition for Better Government’. Krostue is better known in his position with the Camden County Republican Club. On that group’s facebook page, he is listed as Vice President, while cohort Suzie Johnson is listed as President.

This letter, authored by Krostue, is full of ‘baseless claims’.

Krostue and his coalition of comrades, Joe Roeger, Suzie Johnson and her husband, have made a habit of trying to silence Second District Commissioner Cliff Luber. They have followed him around to town hall meetings, in order to attempt to disrupt and intimidate. They have repeatedly supported the punitive and selective application of planning and zoning, even going so far as to rally in support of Don Hathaway after his recent suspension. They have consistently united in opposition to government transparency, as the letter above clearly demonstrates.

Krostue, crying foul at what he considers are Luber’s unfounded claims, has no problem issuing his own. The assertions in his letter are completely unproven. As was pointed out recently in the editorial pages of the Lake Sun, Krostue has no problem manipulating information in order to mislead the public.

Shame on him, his coalition and the Camden County Republican Club for asking our local media to share his pathological ways.

To Whom it May Concern:

My name is Theresa Townsend. I have owned a business in Camden County for twelve years. I recently had reason to inter-act with Camden County

Planning and Zoning in order to obtain a building permit for a storage shed to be attached to my existing building. In the course of these dealings, I was threatened, harassed, sworn at, had ULC code made up and/or improperly applied to my business. Even though I finally (after FOUR months and several thousand dollars!) obtained the permit to build an attached storage shed, I was alarmed at the blatant discrimination and misapplication of the ULC, the abuse of office and the disrespect for a law abiding taxpayer.

I took my concerns to the Camden County Commissioners on October 24, 2013. Commissioner Luber recorded that meeting, at my request, even though Commissioner Franken stated that could not be done for “technical reasons”. The bullet point speech I delivered on that date, as well as copies of all letters and responses are in a folder on skydrive which you have been sent an e-mail for( https://onedrive.live.com/#cid=7EA37534E17E7E7C&id=7EA37534E17E7E7C!8581).

On October 25, 2013 Planning & Zoning Administrator Don Hathaway was placed on a two week, unpaid leave for unspecified reasons.

On the date of his return, November 15, 2013 several citizens staged the first protest ever at the Camden County Courthouse. We were protesting the lack of oversight by the Camden County Commissioners and the abuse of office by Planning & Zoning Administrator Don Hathaway and Planning & Zoning Inspector Dann Haworth.

On November 21, 2013 I again attempted to address the Camden County Commissioners. Last time I was NOT put on the agenda, as requested and this time I was on the agenda under Public Comment and for the first time ever, the Presiding Commissioner Kris Franken invoked a Three Minute Limitation. Mr. Franken AGAIN did not answer my questions and advised me to put them in writing and he would provide a courteous response.

On December 3, 2013 I sent a 17 page letter to all three County Commissioners as directed by Mr. Franken. On December 5, 2013 I received a “response” from Mr. Franken that answered NONE of my questions. I have since sent e-mails on 12-5, 12-12, 12-16, 12-23 and 12-30 requesting answers to the questions I have asked TWICE in person and SIX times in e-mails. I am STILL waiting for answers.

On 2-02-13 I became aware of a hearing scheduled for 2-19-14 on proposed changes to our ULC through an “article” in the Lake Sun Leader, (Though Franken says he has been personally working on the proposed amendments for several months, it only came before the other county commissioners last week. They subsequently scheduled a work session for Monday (2-10-14) to review the suggested modifications before Franken presents them to the planning commission Feb. 19) which surprised me as this never appeared on the County Commissioners agenda, nor did they have discussion or vote on this.

I did a line by line comparison of the proposed changes and found several violations of RSmo. I sent a letter with these detailed concerns to my county commissioners on 2-19-14. In the course of studying the state statutes as they applied to Planning and Zoning, I became aware that the board of adjustment and the planning and zoning commission were NOT seated according to law. This was pointed out to my county commissioners in the letter of 2-19-14. I attended the “hearing” of the planning and zoning commissioners on 2-19-13. The proposed changes were on the agenda, yet, when I asked to speak to the commission on this item, I was denied my right to do so.

Since I have been threatened, harassed. verbally abused and discriminated against by the Planning & Zoning Administrator and Inspector, I repeatedly took my concerns to my County Commissioners. The response has been to ignore me, to make official minutes that are in direct conflict with the truth, to deny me my right to speak and the doubling of my permit fees. There has been no desire to look into compliance with state stautes or to even discuss it.

This led to me sending letters to the ACLU and to my State Representatives on several occasions. This has now lead to my State Representative Rocky Miller referring this to the State Attorney General for further review. To that end, I am attaching all pertinent information or sending in another file as there is sooooo much information to PROVE that what I’ve said has occurred indeed has.

On 2-26-14, Commissioner Luber appeared on a local radio show
( http://www.blogtalkradio.com/americanspring1/2014/02/26/guerrilla-radio-with-american-spring-1 ) and admitted I was correct about these violations. He is the ONLY elected official who has been trying to help me and resolve these issues, but, he is shackled by two commissioners who wish I would just go away and who have actively worked to silence me. He has also been hampered in his efforts to correct this situation by Commissioner Franken who has blatantly disregarded procedure, the ULC and the state law in these matters and by Rowland Todd, the County Clerk who consistently provides false accounting in the form of official minutes.

I look forward to hearing what your office is going to do to help correct these gross abuses and illegalities. Thanking you for your consideration and
courtesy, I am,

Theresa L. Townsend

The Office of the Missouri State Attorney General is looking into Sunshine Law violations brought to their attention by local business owner Theresa Townsend. Ms. Townsend, who has been a vocal advocate for the need for accountability in county government, discovered the violations as a result of research into planning and zoning after the department invented ordinances for use against her business.

In researching Missouri state statutes, Theresa discovered that both the planning and zoning board and board of adjustments appear to be seated illegally. As Camden is a first class county, state statute requires that one member of the county commission is to be seated on the planning and zoning board. Additionally, it specifically details the make up of a board of adjustments for P & Z. State statute requires that any such board of adjustment be made up of the three members of the Camden County Commission. The Attorney General’s office has forwarded these concerns to the Missouri Ethics Commission. They indicated that it was up to the county commission to ‘fix’ these boards.

The Attorney General is moving forward with concerns regarding violations of the Sunshine Law. They have found sufficient documentation, provided by Ms. Townsend, to investigate the records of the Camden County Clerk’s office and Camden County Commission.

Stay tuned to http://www.americanspring2011.com for more developments in this investigation. Follow us on Twitter @AmericanSpring and on Facebook at Guerrilla Radio with American Spring.

Local business owner Theresa Townsend was recently targeted by Don Hathaway and Camden County Planning and Zoning after an altercation with the Camden County Sheriff Department. Ms. Townsend was harassed, bullied and eventually assaulted by her neighbor during a property dispute. Although there was video evidence of the assault, and although that video seems to have been reviewed by CCSD, no action was taken against her assailant.

Eventually, she was told by Camden County Sheriff Dwight Franklin that his department was not going to pursue charges. In fact, he told her she was free to call the Missouri Highway Patrol. Franklin then hung the phone up in her ear.

In the wake of this, Planning and Zoning began ritualistic harassment of Ms. Townsend’s business, Gidgets and Gadgets, an adult novelty store located just off Highway 5 in Sunrise Beach. This harassment included a visit from Planning and Zoning administrator Don Hathaway. Hathaway had with him two detectives from the CCSD.

Hathaway measured the store and began inventing violations.

Ms. Townsend, concerned about how both the ULC and rule of law were being discarded in her case, began looking at Camden County Planning and Zoning. Her research led her to uncover violations of the Sunshine Law. These infractions are currently being investigated by Missouri Attorney General Chris Koster.

In addition to these violations, Ms. Townsend discovered that Planning and Zoning was being administered in violation of Missouri State Statutes. Below, you will find Ms. Townsend’s research into the statutes governing planning and zoning. It has been the stance of the county commission, presumably based on legal advice from county attorney Charles McElyea, that Camden County is allowed to administer P&Z as a third class county, despite its classification as a first class county.

In her research, Ms. Townsend was unable to find a legal basis for this assertion. Missouri state statutes are clear regarding how a first class county, such as Camden, must administer Planning and Zoning. The improper seating of both the Planning and Zoning Commission and the Board of Adjustments exposes the tax payers of Camden County to untold liabilities.

Ms. Townsend attempted to bring these questions to the commission, where she was consistently ignored. As a result, Ms. Townsend sent the research she had compiled to the Missouri State Attorney General. The AG’s office confirmed yesterday that they are conducting an investigation of Sunshine Law violations. The AG’s office forwarded the improper administration of planning and zoning to the Missouri Ethics Commission for further action.

Below is an excerpt from her most recent correspondence with county officials, including supporting statutes:

As you can see, the statutes you have been quoted are wrongly being applied to the board of adjustment and to the P&Z commission. The first statute 138.085 refers to a board of equalization which deals with TAX issues. The second, 64.610 refers to 2nd and 3rd class counties and has specific oversight ( If there is a county board of zoning adjustment as provided in section 64.660, such board shall be appointed to serve as the board of adjustment for the building or setback line regulations.). The third 64.660 also deals with 2nd & 3rd class counties. According to 48.050 This should have been corrected SIXTEEN years ago …..

Missouri Revised Statutes Chapter 48 County Classification Section 48.050

August 28, 2013

Effect of change of class on county offices and officers.

48.050. Any elected county official whose office may be abolished or consolidated with another office as a result of the change of the county from one class to another shall continue to hold the office to which he was elected for the term for which he was elected. Any office which may be established as a result of the change of the county from one class to another shall be filled in accordance with the provisions of the law relating to the filling of vacancies for such office.

Missouri Revised Statutes Chapter 138 Equalization and Review of Tax Assessments Section 138.085

August 28, 2013

County board of equalization, certain first and second class counties.

138.085.
1. In all first class counties not having a charter form of government and in each second class county which contains a portion of a city having a population of at least three hundred thousand and which adjoins a first class county which does not have a charter form of government, there may be a board of equalization consisting of three taxpaying property-owning citizen, residents of such county for five years next before their appointment, who shall be appointed by the county commission for three-year terms with one member being appointed annually on the second Monday in January of each year; after the county commission makes the first appointments on the full three-member board on the second Monday in January, 1981. The initial appointments shall be for one-, two- and three-year terms, respectively.
2. Each member shall take an oath similar to that required by law of members of other county boards of equalization.
3. Compensation shall be fixed by order of the county commission.
4. Vacancies or absences on the board of equalization caused by death, incapacity to perform duties, failure to attend three consecutive meetings, or resignation shall be filled forthwith by appointment by the county commission.

(L. 1980 S.B. 802, A.L. 1985 S.B. 152)
Effective 7-11-85

Board of Equalization

The Board of Equalization (BOE) is a Statutory Board governed by the Missouri Constitution and Missouri Revised Statutes. It has the responsibility of determining the correct value of real and personal property for individuals, businesses and manufacturers.

The Board also considers requests for exemption from real and personal property taxes submitted by not-for-profit organizations based upon the ownership and use of the property.

Missouri Revised Statutes Chapter 64 County Planning–Zoning–Recreation–Natural Streams and Waterways Section 64.610

August 28, 2013

Powers of board of adjustment–hearing on regulations on setback lines (second and third class counties). 64.610.

The county commission shall provide for a board of adjustment with powers to modify or vary the regulations, in specific cases, in order that unwarranted hardships, which constitute an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided, the intended purpose of the regulations being strictly observed and the public welfare and public safety protected. If there is a county board of zoning adjustment as provided in section 64.660, such board shall be appointed to serve as the board of adjustment for the building or setback line regulations. If there be no county board of zoning adjustment, the personnel, length of terms, method of appointment and organization of the board of adjustment for the building or setback line regulations shall be the same as provided in section 64.660 for the board of zoning adjustment. Regulations authorized under section 64.600 shall not be adopted, changed or amended until a public hearing has been held thereon by the county planning commission, public notice of which shall be given in the same manner as provided for the hearing in section 64.550.

(L. 1951 p. 406 § 8)

Missouri Revised Statutes Chapter 64 County Planning–Zoning–Recreation–Natural Streams and Waterways Section 64.600

August 28, 2013

Setback lines on major highways (second and third class counties). 64.600.

After any plan for major highways, or portion thereof, has been prepared by the county planning commission, filed and certified as provided in section 64.550, the county commission shall be authorized and empowered to establish, regulate and limit building or setback lines on such major highways outside the corporate limits of municipalities and to prohibit any new building being located within such building or setback lines, and to amend such regulations from time to time. All orders of the county commission relating to such building or setback lines shall be entered of record and certified copies thereof shall be filed with the county planning commission, and in the office of the recorder of deeds.

(L. 1951 p. 406 § 7)

Missouri Revised Statutes Chapter 64 County Planning–Zoning–Recreation–Natural Streams and Waterways Section 64.660

August 28, 2013

County board of zoning adjustment–members–organization–appeals to, procedure–powers of board (second and third class counties). 64.660.

1. Any county commission which appointed a county planning or county zoning commission and which has adopted a zoning plan, as provided in sections 64.510 to 64.695, shall appoint a county board of zoning adjustment. The board shall consist of five residents of the county, but not more than two shall be residents of the incorporated area of the county and not more than one may be a member of the county planning commission or the county zoning commission. The membership of the first board appointed shall serve respectively: One for one year, one for two years, one for three years, two for four years. Thereafter members shall be appointed for terms of four years each. Members shall be removable for cause by the county commission upon written charges and after public hearings. Vacancies shall be filled by the county commission for the unexpired term of any member whose term becomes vacant. Members of the board shall serve without compensation, but may be reimbursed for expenses incurred for attendance at not more than four meetings per year in an amount to be set by the county commission, not to exceed ten dollars per meeting. The board of zoning adjustment shall elect its own chairman and shall adopt rules of procedure consistent with the provisions of the zoning regulations and the provisions of sections 64.510 to 64.695. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of zoning adjustment shall be open to the public, and minutes shall be kept of all proceedings and official actions, which minutes shall be filed in the office of the board and shall be a public record. Appeals to the board of zoning adjustment may be taken by any owner, lessee or tenant of land, or by a public officer, department, board or bureau, affected by any decision of the administrative officer in administering a county zoning ordinance. Such appeals shall be taken within a period of not more than three months, and in the manner provided by the rules of the board. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. The board of adjustment shall have the following powers and it shall be its duty:

(1) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official in the enforcement of the county zoning regulations;

(2) To hear and decide all matters referred to it or which it is required to determine under the zoning regulations adopted by the county commission as herein provided;

(3) Where, by reason of exceptional narrowness, shallowness, shape of topography or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under sections 64.510 to 64.695 would result in peculiar and exceptional difficulties to or exceptional and demonstrable undue hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, to authorize, upon an appeal relating to the property, a variance from the strict application so as to relieve the demonstrable difficulties or hardships, provided the relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the zoning regulations and map.

2. In exercising the above powers, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. Any owners, lessees or tenants of buildings, structures or land jointly or severally aggrieved by any decision of the board of adjustment or of the county commission, respectively, under the provisions of sections 64.510 to 64.695, or board, commission or other public official, may present to the circuit court of the county in which the property affected is located, a petition, duly verified, stating that the decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Upon the presentation of the petition the court shall allow a writ of certiorari directed to the board of adjustment or the county commission, respectively, of the action taken and data and records acted upon, and may appoint a referee to take additional evidence in the case. The court may reverse or affirm or may modify the decision brought up for review. After entry of judgment in the circuit court in the action in review, any party to the cause may prosecute an appeal to the appellate court having jurisdiction in the same manner now or hereafter provided by law for appeals from other judgments of the circuit court in civil cases.

(L. 1951 p. 406 § 13, A.L. 1963 p. 118, A.L. 1990 H.B. 1070)

State statutes are quite clear. Camden county, once reclassified as a first class county, was required to change the makeup of planning and zoning boards. This was not done. Instead, boards made up of politically appointed technocrats have been seated repeatedly in violation of state law.

When questioned about this very basic structure change, county officials have repeatedly claimed that Camden is exempt from the statutes listed above. This false logic and disregard for the rule of law is becoming the norm in Camden County government. The use of multiple agencies to mount a campaign of retribution against a citizen and tax payer who demands these entities follow the rule of law is also becoming a Camden County standard. A recent lawsuit, filed under ‘color of law’, was filed against multiple Camden County government departments and their agents for this very behavior.

Stay tuned to http://www.americanspring2011.com for the latest updates and the most recent local, state, national and international news. Follow us on Twitter @AmericanSpring and on the Facebook page ‘Guerrilla Radio with American Spring’.

The following editorial was written by Second District Camden County Commissioner, Cliff Luber.

It’s one thing to require that citizens comply with the Unified Land Use Code (ULUC) regarding Planning & Zoning, but why does P&Z not follow their own rules?

The ULUC Art. 302, subsection (3) states: ” At its regularly scheduled meeting in January of each year, the Planning Commission SHALL by a majority vote of its membership (excluding vacant seats) elect one of its members to serve as Chairman to preside over all meetings and one member as Vice-Chair who will preside in the event the Chairman is un able to.” There should have been a vote to elect a Chairman and Vice-Chair at its meeting last January. In reviewing the minutes, there was no mention of an election. It raises potential legal questions on the current legitimacy of the P&Z Board.

Prior to the February 19th P&Z meeting, the Planning & Zoning Administrator complained to Commissioner Thomas regarding the manner in which Art. 800 was being introduced by Mr. Franken, in particular coming from one commissioner rather than the Planning Commission. The Planning & Zoning Administrator then stated a sudden reversal in the P&Z meeting and claimed to have asked Commissioner Franken to write it, months ago. (See audio from February 19th P&Z Meeting) Since the P&Z Administrator now “claims” he requested Commissioner Franken rewrite Art. 800, and the anticipation of receiving such a re-write, when does P&Z anticipate the forming of a review committee?
Art. 1402 of the ULUC states: Whenever a request to amend the Unified Land Use Code or the Zoning Map is initiated by the County Commission, The Planning Commission, or the Board Of Adjustment, the Planning Administrator, in consultation with legal counsel, shall draft the appropriate language and present it to the Planning Commission so that a date for a public hearing may be established.” It appears evident Mr. Franken does not have the authority to request/submit a change to the ULUC without a request/vote by the County Commission. There was no such meeting or vote.

Section 1402, subsection (2) does allow for a citizen to request a change to the ULUC, providing they fill out the proper Planning & Zoning paperwork, and pay a ridiculous fee of $1,000.00. Given Mr. Franken is an elected official, I do not believe he qualifies as a citizen in respect to requesting a change through that venue.

In Art. 1402, It appears the P&Z Administrator does not possess the authority to request of a Commissioner, or anyone to rewrite any portion of the ULUC. It states the Planning & Zoning Administrator, in consultation with legal counsel, shall draft the appropriate language and present it to the Planning Commission.

The ULUC requirement for a County Commission, Planning Commission, or Board Of Adjustment, to make such a request to the Planning Administrator, is intended to not allow a government of one to submit a unilateral request that could be either beneficial or negatively prejudicial on a citizen(s) or business in this community. These three entities are each a board and there is a reason it specifies such. It’s called checks and balances.

There are many issues regarding Art. 800, and certainly to not discuss them as a Commission of three and only be given five business days to give additions/deletions through an email vs. commissioner meetings, is not acceptable. Any rewrite of this importance requires an extensive dialogue.

The Commission has also recently received more incidents where land was mis-zoned by Camden County and property owners were requesting their land be properly zoned. I brought this to Mr. Franken’s attention as early as March, over a year ago, with several examples. He refused to take any action to assist the citizens of Camden County. (Listen to May,10th audio of the County Commission meeting)

These landowners were forced to pay an $ 800.00 rezoning fee to come into compliance due to Camden County incorrectly designating the proper land use. This is simply unfair to citizens and inhibits business growth. As more mis-zoned properties are coming to light, Mr. Franken and P&Z are having to admit the widespread problem. Planning & Zoning last month finally suggested a future policy change, but to date they have not taken any action.

Last week Commissioner Thomas and myself have taken the initiative to put together a draft to change the ULUC, to include no fees where the county is in error. We will be discussing and voting on it at the Tuesday Commissioner’s meeting. Upon approval and under Art. 1402 of the ULUC, The Commission will then make a request to the P&Z Commission for approval.

Rules should apply the same to everyone, not just some. Another recent discovery of Mr. Franken waiving fees was on February 11, 2013, for a Board of Adjustment hearing, which would cost any other citizen $500.00.He clearly waived the fees. There wasn’t any meeting, or vote, just a government of one deciding.

It is important to be honest and transparent to the citizens. These rules are in place for a reason. The citizens of this county elected me a year and a half ago with the motto “Vote Yourself A Voice” and as the 2nd District Commissioner I will continue to be their advocate in Camden County Govt.

The Camden County Courthouse…a place of shadows…

Camden County attorney Charles McElyea suspended Sunshine Law in the Camden Courthouse on Tuesday. Public files containing billing statements from McElyea for the year 2013 were being reviewed by citizens Theresa Townsend and Leslie Chamberlin after a meeting of the Camden County Commission. These statements, bills and invoices were snatched out of their hands by Camden County Clerk Rowland Todd, who began bellowing threats of a law suit.

What has unfolded in the wake of McElyea’s single-handed suspension of Sunshine Law is a study in denials, deflection and deception.

This string of ‘justifications’ for breaking the law and suspending Sunshine law however, have questionable merit or standing according to state statutes. The statute regarding the Sunshine Law is incredibly clear in this regard. Its intent is simple.

It makes it a crime to conceal public records from the public. There are no asterisks, no exceptions, to this statute.

It is in place to ensure that those working as public representatives are held to a standard of accountability and transparency. This is a standard the Camden County attorney has decided does not and should not apply to his billing records.

McElyea was so determined to hide his billing records, that it led him to issue the threat of a lawsuit in addition to convincing Rowland Todd to aid him in breaking the law by refusing access to records that had already been turned over by Todd’s office as a result of an official Sunshine request.

McElyea didn’t stop there. He contacted Leslie Chamberlin at home regarding the documents, attempting to convince her not to release them to the public. A phone call was also placed to the Missouri State Attorney General’s office, by McElyea, in an attempt to explain and clarify his breaking of the law and suspension of Sunshine Law.

The determined effort to hide both his billing and subsequent crime speaks to the seriousness of McElyea’s actions.

Missouri State Statutes speak to the consequences McElyea faces resulting from his unilateral attempt to rewrite law.

SUNSHINE VIOLATION

A week prior to McElyea’s breaking of the Sunshine Law, a request had been made of the County Clerk’s office via telephone by Theresa Townsend. During this call, she made it clear that she wanted to see the 2013 billing file for Camden County attorney Charles McElyea.

The clerk’s office was gracious and helpful. Theresa was told at that time that the file was in use for an audit, but she could view it as soon as it had been returned.

After confirming the availability of the file with the Clerk’s office, Theresa and Leslie set an appointment to view the file following the meeting of the Camden County Commission on Tuesday, March 18.

When they arrived, they found the billing file had been pulled and was ready for them. Theresa filled out the proper and appropriate paperwork for her Sunshine Law request. This request was accepted by the Clerk’s office and Theresa was granted access to the information she had requested. After approximately thirty to forty-five minutes, the review was abruptly terminated.

At that time, Rowland Todd began bellowing and frantically scooping up the records that had been provided for viewing under a Sunshine Law request. He shouted threats of a law suit as he aided in suspending Sunshine Law.

The billing file, containing invoices and billing statements approved for payment by the Camden County Commission, was taken from the ladies. They left the office under a hail of law suit accusations, which Todd continued to spout while Theresa and Leslie left the clerk’s office.

BREAKING THE LAW

The Sunshine Law is one of the most important laws on our books. It provides for oversight, accountability and transparency between government and the citizens who fund it. Under it, records, documents, meeting minutes, emails, etc are available to the public for review. The clear intent of the Sunshine Law is to prohibit government officials, staff members and attorneys from concealing the actions of government from the public.

It was Charles McElyea’s clear intent to restrict, conceal and hide his billing records from the citizens of Camden County. There are no games of semantics, no legal ‘justifications’, that can be offered to dispute his clear intent.

Charlie Mac didn’t want anyone to see his billing records. To do this, he wiped himself with the Sunshine Law and the Constitutions of both the United States and the State of Missouri. In a move worthy of any third world totalitarian regime, McElyea unilaterally declared himself dictator and suspended the rule of law.

Missouri Revised Statutes, Chapter 109 Public and Business Records, Section 109.180, is one of those pesky little statutes, whose intent is to make sure that no one, under any legal interpretation, can prohibit the viewing of public documents subject to an approved Sunshine request. It is quite clear about that. In fact, it is so specific that it comes with a detailed punishment, to remind that no one can suspend, rewrite or reinterpret the Sunshine Law itself.

That would include Charlie Mac, despite his reasoning to the contrary.

109.180. Except as otherwise provided by law, all state, county and municipal records kept pursuant to statute or ordinance shall at all reasonable times be open for a personal inspection by any citizen of Missouri, and those in charge of the records shall not refuse the privilege to any citizen. Any official who violates the provisions of this section shall be subject to removal or impeachment and in addition shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one hundred dollars, or by confinement in the county jail not exceeding ninety days, or by both the fine and the confinement.

The last section does not include an exception for Charles McElyea, Rowland Todd or Camden County. It appears to be quite specific. The last sentence is worth repeating:

Any official who violates the provisions of this section shall be subject to removal or impeachment and in addition shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one hundred dollars, or by confinement in the county jail not exceeding ninety days, or by both the fine and the confinement.

It is punishment for those who would assume to block the public from records they are entitled to have access to. It was written with the intent of prohibiting ANYONE from violating the Sunshine Law. This includes both Rowland and Charlie Mac.

Whether the reason for this incredible overreaching claim of authority is that Charlie Mac doesn’t want the taxpayers of Camden County to know he charges $82.50 to open an email or simple audacity, it is not relevant according to the statute above. It clearly identifies the consequences for violating it.

Charlie Mac, despite his assertions to the contrary, is not exempt from it. Neither is Camden County Clerk Rowland Todd.

Attempting in the eleventh hour, to hide his billing records, indicates a desperation worthy of risking the prescribed remedy for his actions. Jail, fines and impeachment.

What would Charlie Mac be so willing to go to jail for? Why would Rowland Todd be willing to go with him?

These are only two of the many questions raised by the actions of Camden County attorney Charlie McElyea and Camden County Clerk Rowland Todd.

BACKPEDDLING BEGINS

Later that afternoon, shortly after breaking the law, McElyea phoned Leslie Chamberlin. His phone call was prompted by the following post, first appearing on the Guerrilla Radio with American Spring Facebook page:

BREAKING NEWS:

Camden County Clerk Rowland Todd, by denying access to public records subject to Sunshine Law on the advice of county attorney Charles McElyea, appears to have committed a misdemeanor offense.

More to come…

Charlie Mac then attempted to explain to Leslie how he was justified, legally, to rewrite the Sunshine Law with the goal of hiding his billing. He offered her his interpretations of statutes and cited attorney/client privilege as reasons the documents shouldn’t be released to the public.

Leslie Chamberlin, Citizens for a Better Camden County:

Charles McElyea attempted to use Missouri Revised Statute Chapter 610 Section 610.021 Paragraph 1 as his method of closing the records of the billing of his firm to Camden County, Missouri to the public. It states in said paragraph directly that the ‘amounts of any moneys paid by, or on behalf of, the public governmental body shall be disclosed’.

A bill or statement of charges is the summary of said moneys to be paid for services rendered. It would be up to the attorney’s office to not disclose any confidential or damning information in something as simple as a bill. Billing and accounts payable information are documents that are often a part of a Sunshine request when a citizen is researching how their tax dollars are spent.

This paragraph does allow for the governmental bodies to keep confident the details of a particular case while it is pending. It also protects ‘legal product’. A bill is not a legal work product. Legal work products are items, tangible and intangible, that are prepared by or on behalf of an attorney in order to process a case.

McElyea also, curiously, gave Leslie a particular ‘example’ as another ‘excuse’ for his actions.

Leslie Chamberlin:

During my phone call with Charles McElyea, he indicated to me that I had a moral obligation to not publicize the photos of the bills as I may do harm to an employee of the county that may be listed in that bill.

He used fake employee ‘John Smith’ as an example. If ‘John Smith’ was discussed with the attorney and therefore was on the billing but had done nothing wrong, the public may view ‘John Smith’ in a negative manner because he was discussed with an attorney.

It is a shame this legal ‘advice’ about protecting character wasn’t communicated throughout the Camden County Courthouse during the election of Second District Camden County Commissioner Cliff Luber, when an anonymous campaign was launched against him, its genesis in the County Courthouse.

Leslie went on:

Charlie also suggested that I had a moral obligation to not publicize the photos as it may harm the county in a pending lawsuit.

How could a bill submitted to public officials for payment of legal services open the county to potential liability? If such a thing were true, what did the county do wrong that they would wish to stay hidden?

McElyea offered these examples and statutes as rationale to explain how he could claim authority to suspend the Sunshine Law. Unfortunately for Camden County, its Commission and the taxpayers, attorney Charles McElyea seems to be giving questionable legal advice.

COVER-UP EXTENDS TO ATTORNEY GENERAL OFFICE

Casey Lawrence, representative for the office of the Attorney General, contacted Theresa Townsend on Thursday, March 20. This was two days after McElyea broke the Sunshine Law, issued threats and offered excuses and flawed rationale as justification for this plainly unlawful act.

During that phone call, Ms. Lawrence, already inquiring about Sunshine violations regarding the Camden County Commission and Planning and Zoning, relayed a conversation she had earlier that morning.

According to Ms. Lawrence, she had received a phone call from a female regarding the threats issued by Rowland Todd, generated by Charlie Mac. Ms. Lawrence stated that the caller, a female, contacted her to ‘clarify’ the threats that were issued by the Camden County Clerk and attorney.

Lawrence stated that, according to the female caller (presumably, a staff member in Rowland Todd’s office, who would have witnessed the threat) phoned her office to state that no threats, at anytime, were issued against Theresa Townsend and Leslie Chamberlin.

Instead the female caller said something unbelievable to Ms. Lawrence.

The caller appears to have said it was the county, not citizens, that was the target of the threat issued by McElyea. It was directed at the county who has paid McElyea hundreds of thousands of dollars for legal services.

LEGAL ‘PRACTICE’

This assertion prompted Theresa Townsend to send the following email to the Camden County Commission regarding this clear violation of the law. It was sent as a result of her conversation with Casey Lawrence of the Missouri State Attorney General’s Office.

This inquiry, reprinted below, was sent to the Camden County Commission.

Camden County Commissioners:
I was contacted today by a representative from the State Attorney Generals office and was advised that Charles Mcelyea, Camden County Attorney did not threaten ME with a lawsuit, he instead threatened the COUNTY with a lawsuit. I would think in light of this information, his continued employment as County Attorney would be a conflict of interest.
I look forward to your timely attention to this very serious matter…

McElyea, perhaps realizing the gravity of the cover-up he was haphazardly patching together, sent Theresa Townsend an email response that, essentially called her, Ms. Lawrence, the undisclosed caller and Leslie Chamberlin, liars.

This email was sent Friday, in response to Theresa’s inquiry to the County Commission regarding the threat of a lawsuit. Here, in another of what appears to be an endless stream of denials, he attempts to refute the statement of the Attorney General’s office. He claims that the county was not the party he threatened.

Theresa: Your email to the County Commission has been shared with me. I did speak to an Assistant Attorney General yesterday on behalf of the County and did not at any time threaten to sue the County. One of my jobs in representing the County is to advise the County Commission and office holders on ways not to get sued. Chs.

Charles E. McElyea

Phillips, McElyea, Carpenter and Welch, P.C.

85 Court Circle, NW

P.O. Box 559

Camdenton, MO 65020

This email, another in a shifting strategy to justify his breaking of the Sunshine Law, would seem to indicate that McElyea is now attempting to build the foundation for his argument around the ‘exposure’ the county would endure were his billing records made public. This is the equivalent of building a home on quicksand. The ground is shifting under Charlie’s feet with each new denial.

Theresa, seeking further clarification, sent the following email to Casey Lawrence:

Ms. Lawrence, you contacted me yesterday via telephone and advised me that Charles Mcelyea had threatened the COUNTY, not myself. Can you explain how you knew this had occurred? Mr. Mcelyea has contacted me through e-mail this morning stating he did not threaten the county. He either threatened me or he threatened the county, either way, this is a serious issue. I look forward to your prompt response.

Theresa L. Townsend

It is perhaps this latest denial, issued to Theresa Townsend, on Friday, March 21, that speaks most directly to his competence as an attorney.

In it, McElyea states that:

One of my jobs in representing the County is to advise the County Commission and office holders on ways not to get sued.

Here, McElyea makes the most damning of statements regarding his competence as County attorney. He clearly states that his suspension of the Sunshine Law was to protect the County from facing liability.

His ‘legal advice’, distilled into its pure form, is this:

If people were to look into McElyea’s billing statements, they might find information in them that would expose the County to liability. Simply put, the County lawyer doesn’t appear to have enough legal savvy to keep sensitive, damaging information from appearing in billing statements subject to Sunshine Law requests.

If this is the kind of legal counsel our Commission and County is relying on, then Camden County potentially faces exposure far beyond whatever may be contained in McElyea’s billing records.

It seems that this is the type of law ‘practice’ McElyea has been engaged in for some time. He attempted to suspend Sunshine Law before. Because of this previous attempt to reinterpret law to his liking, McElyea was made aware of the ramifications of violating the Sunshine Law. Clearly, Charlie Mac didn’t learn his lesson.

This account is from Sherry Lagares, who encountered the same tactics, employed by McElyea, a few years ago.

During a period of discovery to aid in the defense of a Law Suit, I went to the court house to view and copy public records. Over the course of discovery and my viewing of public records, I was barred from the court house and all public records.

My discovery led to more and more suspicious activity by the county officials, the county attorney and other individuals. One particular year of records must have hit a nerve, As I sat quietly awaiting the next set of documents to view, something strange happened.

I waited and waited for the documents, but they did not come. What did come was Rowland Todd. Todd called me into his office, shut the door and told me, I was not allowed to look at any more public records. Todd said that he had talked to Charles McElyea. And I was barred from the court and all court house records, if I had any questions, to take it up with Charlie.

I presented him with the state statute that allowed access to the court house and records and he again said take it up with Charlie. I had already communicated with the Missouri Attorney Generals office to clarify my rights, and laws applicable to accessing the court house and public records.

Immediately after being barred, I again placed a call to the Attorney Generals office. The AG office said to have the County Attorney call them if he had questions regarding the Sunshine Law and Missouri statute. They instructed me to give him a copy of the statute. The AG Attorney gave me his contact information to give to Charlie, for him to seek clarification of my rights and the ramifications for any one blocking or infringing on those rights as a Citizen of Missouri and the County.

I went to his office and asked to see him. I was immediately allowed to visit with him. It was a civil conversation. I presented him with a copy of the State Statue and the AG Attorneys name and contact information. Charlie became very agitated with me and said, He did not need clarification or to contact the AG office. He immediately granted me access back into the court house and access to whatever record I wanted to see.

Upon returning to the viewing session at Todd’s office, numbered pages were now missing from the public records. I questioned the staff, because Todd was gone from his office, about the missing pages, and they simply could not give one logical reasoning for the missing pages.

It appears Charles McElyea and Rowland Todd have established a history…

For more on this story, check out ‘Camden-Gate: The Chicken Little Argument’, available in Monday’s edition of ‘Morning Toast’, from American Spring. Follow http://www.americanspring2011.com, on Twitter @AmericanSpring and on Facebook at Guerrilla Radio with American Spring for the latest news. Coverage they cannot and will not give you anywhere else…

THE CHICKEN LITTLE ARGUMENT

When Charlie McElyea tried to justify his actions in suspending the Sunshine Law, he gave Leslie Chamberlin a particular example of how his invoices could be potentially damaging. In that example, he offered the case of “John Smith”, who might be damaged as a result of McElyea’s billing statements becoming public. It was a curious example, particularly in light of recent events inside the Camden County Courthouse.

Consider the case of recently resigned Camden County Planning and Zoning administrator, Don Hathaway. On Wednesday, March 19, one day after McElyea’s suspension of law, Hathaway, who left a clear pattern of abuse of his position and an ignorance of the very ULC he was being paid to administer, offered his resignation to the County.

Hathaway’s reign over Camden County P and Z was highlighted by a two-week suspension he served from October 25 through November 15, 2013. Local media reported on this suspension. No official reasons were given for Hathaway’s being placed on unpaid leave.

Hathaway spat a string of allegations at Second District Commissioner Cliff Luber before he scuttled out the door. In that tirade, Hathaway seemed to set the stage for litigation.

From Janet Dabbs, Lakeexpo.com:

Camden County Planning and Zoning Administrator Don Hathaway announced his resignation last night, citing public “slanderous” comments by 2nd District Commissioner Cliff Luber and others as the reason.

Hathaway read his letter of resignation to the P&Z Commission at the Wednesday, March 19 commission meeting. Luber as well as Camden County Presiding Commissioner Kris Franken were in attendance.

Hathaway pointed to constant “back handed insults, interrogation and reprimand” and the “defamation of [his] character” in the media by Luber. He stated Luber’s comments in the media were typically infused with “self interpretations of the facts that shows a lack of total respect for due process and the authority of others.” “His lack of knowledge in the subject is apparent as he seeks to interpret rules and codes to the selection of his agenda,” Hathaway said.

In the letter, Hathaway also said:

“I have weathered the storm of criticism and budget restrictions. But it is impossible to manage a department without proper staff in which to fulfill the needs of the community. My goal here was to work with all residents of the county to build a better system of land use control. Implementation of Code revisions and adoption of modern technical specifications that meet the needs of this community were quickly identified as necessary priorities, along with achieving compliance with the regulatory laws of this state and the federal government for which we are governed.

“The task here is difficult enough to insure consistent code interpretation that is not arbitrary and capricious, without a hostile work environment being created by Luber, on a regular basis.

“It is because of Mr. Luber, and the continued harassment of me and my staff, that I submit my notice of resignation. I am unwilling to work in a position that cannot realize the necessary goals we set out to achieve. I will not work with a man who has engaged in misuse of his powers to thwart the efforts of this administration, and myself, in our duties and obligations to the people of Camden County.

“My frustration over the last year has diminished the quality of life I sought to maintain here for my family in your employment.”

Hathaway has been employed with the county for two years, six months and according to county policy he will work 30 days after submitting his letter of resignation.

After reading the letter, Hathaway said, “My thanks to the planning commission for their service – it has been a pleasure serving with you all.”

Hathaway, in reading his resignation letter, attempted to deflect the blame for his abominable performance as P&Z administrator toward Commissioner Cliff Luber. The language chosen by Hathaway, the use of terms such as “defamation of character”, “slanderous” and “Due Process” are not chosen by accident.

In his unmitigated arrogance, Hathaway would seek to set the stage for a lawsuit against Camden County for his needing to resign due to stress inflicted on him because a Camden County Commissioner was asking him to do the job he was hired to do! This notion, for the tax payers of the county, is both laughable and offensive.

It is also the ‘Chicken Little’ logic McElyea seeks to use to hide his billing. The sky is falling! The sky is falling! Hathaway could potentially sue the county! Lions and tigers and bears, oh my!

It is fear mongering the citizens of Camden County and parents and taxpayers in the Camdenton school district are all to familiar with. Jackie Schulte parroted the same ‘Chicken Little’ logic during a recent Q and A with the Lake Sun. It is steeped in flawed legal arguments made by attorney’s who would seek to assume authority in our institutions. It is the same ‘logic’ peddled by snake oil salesmen from the law firm of Mickes, Goldman and O’Toole and lawyers for the unelected, private organization, the MSBA (Missouri School Board Association) in our lake area schools. The ‘Chicken Little’ argument is being used to assume authority not granted under law.

HATHAWAY’S REVISIONIST FAIRYTALE

If former Planning and Zoning administrator Hathaway, with his rich history of abusing his office and county employees and his obvious ignorance of the ULC itself, wants to file a lawsuit to and blame Camden County for his resignation, let him.

In his resignation letter, Hathaway desperately attempted to point the finger of blame at Second District Camden County Commissioner Cliff Luber. Hathaway pointed to “back handed insults, interrogation and reprimand” from Luber.

With regards to claims of “interrogation and reprimand”, it would seem that Hathaway didn’t care for anyone asking him to follow the ULC and the rule of law. Nor did he want anyone questioning his actions. He didn’t want the elected representatives of Camden County to interfere in his ‘administration’ of Planning and Zoning.

What Hathaway neglected to mention, is that several citizens, business owners and prospective developers have registered complaints about his lawless behavior. Local business owners Theresa Townsend, Gary Prewitt and Herb and Barb Morris have all taken complaints and documentation before the County Commission regarding the administration of Planning and Zoning.

More recently, the Monday before Hathaway gave his resignation, a developer who has been stuck in Hathaway’s P and Z purgatory met with Kris Franken. This developer had serious complaints regarding Hathaway’s treatment of him through Planning and Zoning. It is unclear if this is the straw that finally broke the camel’s back.

Hathaway’s selective, punitive, abusive ‘administration’ of Planning and Zoning was not confined to his department. In the case of Theresa Townsend, it was extended to, and took root in the Camden County Sheriff’s Department.

Hathaway also went on to claim, as reported by Lakeexpo.com:

…”defamation of [his] character” in the media by Luber. He stated Luber’s comments in the media were typically infused with “self interpretations of the facts that shows a lack of total respect for due process and the authority of others.” “His lack of knowledge in the subject is apparent as he seeks to interpret rules and codes to the selection of his agenda,” Hathaway said.

Apparently, criticizing gross negligence by a government entity or agent can be translated as “defamation”. Cliff Luber, as the elected representative of the Second District of Camden County, referred to the case of Sugarloaf Winery, as one of many reasons for concern regarding how P&Z was being administered under Hathaway.

Hathaway claimed Luber’s criticism and “self interpretations of the facts that shows a lack of total respect for due process and the authority of others.”

These claims are at odds with the record. In fact, it was Commissioner Luber who, as a result of a recent unilateral attempt to rewrite Article 800 by Presiding Commissioner Kris Franken, presented articles related to the procedure of any modification of the ULC. This presentation of articles related to proposed revisions to the ULC, and subsequent editorials, clearly show a desire for both “due process” and respect for the “authority of others”, despite Hathaway’s assertions to the contrary.

From Cliff Luber’s Editorial March 18,2014:

Prior to the February 19th P&Z meeting, the Planning & Zoning Administrator complained to Commissioner Thomas regarding the manner in which Art. 800 was being introduced by Mr. Franken, in particular coming from one commissioner rather than the Planning Commission. The Planning & Zoning Administrator then stated a sudden reversal in the P&Z meeting and claimed to have asked Commissioner Franken to write it, months ago. (See audio from February 19th P&Z Meeting) Since the P&Z Administrator now “claims” he requested Commissioner Franken rewrite Art. 800, and the anticipation of receiving such a re-write, when does P&Z anticipate the forming of a review committee?

Art. 1402 of the ULUC states: Whenever a request to amend the Unified Land Use Code or the Zoning Map is initiated by the County Commission, The Planning Commission, or the Board Of Adjustment, the Planning Administrator, in consultation with legal counsel, shall draft the appropriate language and present it to the Planning Commission so that a date for a public hearing may be established.” It appears evident Mr. Franken does not have the authority to request/submit a change to the ULUC without a request/vote by the County Commission. There was no such meeting or vote.

Section 1402, subsection (2) does allow for a citizen to request a change to the ULUC, providing they fill out the proper Planning & Zoning paperwork, and pay a ridiculous fee of $1,000.00. Given Mr. Franken is an elected official, I do not believe he qualifies as a citizen in respect to requesting a change through that venue.

In Art. 1402, It appears the P&Z Administrator does not possess the authority to request of a Commissioner, or anyone to rewrite any portion of the ULUC. It states the Planning & Zoning Administrator, in consultation with legal counsel, shall draft the appropriate language and present it to the Planning Commission.

The ULUC requirement for a County Commission, Planning Commission, or Board Of Adjustment, to make such a request to the Planning Administrator, is intended to not allow a government of one to submit a unilateral request that could be either beneficial or negatively prejudicial on a citizen(s) or business in this community. These three entities are each a board and there is a reason it specifies such. It’s called checks and balances.

Clearly, Luber is not dismissing the “authority of others” or “due process”. He is instead attempting to preserve the checks and balances that are established in the ULC.

Hathaway went on to say the following about Commissioner Luber:

“His lack of knowledge in the subject is apparent as he seeks to interpret rules and codes to the selection of his agenda.”

This is an ironic statement, coming from the former Planning and Zoning administrator. In one example of Hathaway’s ignorance of the ULC, the P&Z department, under Hathaway, cost the county tens of thousands of dollars in legal fees pursuing anonymous complaints. This is an action specifically prohibited by the Camden County ULC that Hathaway was paid to adhere to.

To claim that Luber has an “agenda” in insisting that Planning and Zoning be administered equitably and according to the rule of law, is ridiculous. It is a desperate attempt to deflect attention from the campaign in which Hathaway has only played a bit part, the role of willing thug for special interests.

During Hathaway’s dramatic resignation, he went on to say:

The task here is difficult enough to insure consistent code interpretation that is not arbitrary and capricious, without a hostile work environment being created by Luber, on a regular basis.

Here, Hathaway attempts to paint a picture of a brutish Commissioner, creating an untenable environment in the workplace. He points the finger of blame for an a “hostile work environment” at Cliff Luber. It is, according to Hathaway, Luber’s fault that the P & Z department he leaves behind is toxic.

What Hathaway didn’t mention, but what the historical record shows, is that more than one former employee of the Camden County Courthouse can dispel this claim. According to their accounts, a “hostile work environment” in Camden County Planning and Zoning existed under administrator Don Hathaway prior to Cliff Luber ever being elected to office.

Hathaway went on with his fairytale:

It is because of Mr. Luber, and the continued harassment of me and my staff, that I submit my notice of resignation. I am unwilling to work in a position that cannot realize the necessary goals we set out to achieve. I will not work with a man who has engaged in misuse of his powers to thwart the efforts of this administration, and myself, in our duties and obligations to the people of Camden County.

A rough translation of this double-speak from Hathaway:

Because Cliff Luber refuses to allow me to continue my ritualistic abuse of office, I quit. I cannot work in a place where I am not allowed to disregard which parts of the ULC I see fit, as I see fit. I cannot work in an environment where I am supposed to be held accountable! These demands for honesty, integrity and fairness have made it impossible for me to fulfill the wishes of Lord Sausage, Joe Roeger and Kim Krostue and his PAC of hyenas, Citizens for a Better Government. I will not work with a man who demands openness, transparency and accountability in my department! It is outrageous!

Particular emphasis should be placed on this statement, made by Hathaway:

I am unwilling to work in a position that cannot realize the necessary goals we set out to achieve.

As previously mentioned, Hathaway was placed on unpaid suspension last October. When he returned to administer his brand of Planning and Zoning ‘administration’, he had a section of cheerleaders. A rally was held in support of Hathaway and the abusive practices he had engaged in while serving as administrator of Camden County Planning and Zoning.

THE PAC

All of the Usual Suspects were in attendance that November morning. Kim Krostue was there. So was Lake Area Chamber ambassador and Bridge Corporation representative Joe Roeger. As were other members of the newly christened PAC of hyenas. This PAC functions in part as a vehicle with which to funnel money to candidates willing to sell their services to the highest bidder.

Kim Krostue, a part-time Lake of the Ozarks resident and prominent member and office holder in the Camden County Republican Club announced the formation of his Political Action Committee. This hyena PAC quickly set about trying to silence anyone who would question the status quo.

The PAC sent a letter to the ownership of Viper Communications, parent company of 97.5 KRMS. KRMS, a talk radio show that has long featured segments with Camden County Commissioners Luber and Franken, heeded the threats written between the lines by Krostue. They wanted Luber’s questions to stop. They made a clear effort to conceal questions and problems in Planning and Zoning that currently finds the department the subject of an inquiry by the State Attorney General’s office and the Missouri Ethics Commission.

This was not the group’s only example of media manipulation. Last Tuesday, a forum for candidates running for Camdenton school board was sponsored by the Camden County Republican Club. Suzie Johnson, the Porto Cima Princess, told Lake TV’s Shawn Kober that there was no such event scheduled. She hadn’t heard anything about it. As a result, Lake TV did not cover the event, where in status quo candidates and Lake Area Chambers of Fascism darlings Selynn Barbour and Jackie Schulte focused on fundraisers and social events, maintaining the illusion that everything is hunky-dory in the district.

As discussed in ‘Camdenton, Missouri School Districts About Local Control’, the hyena PAC of the usual suspects represents the both the march and machinery of local fascism. By endorsing government officials and departments that are being used punitively and aggressively against the citizens of Camden County and by seeking to silence those who would question this abuse, Krostue, Roeger and their PAC have identified themselves clearly.

They stand in clear support of government that would overreach. They stand in clear support of those who would abuse their offices in order to ensure the ‘status quo’ is maintained, regardless of the cost.

They stand in support of the jaw-dropping atrocities committed against the Lagares family, as many of the government entities and officials supported by the PAC, have been named as Defendants in a Federal lawsuit, filed under ‘color of law’.

Amy Wilson of the Lake Sun took special note of the PAC and their cronies, huddled together during Hathaway’s resignation:

Near Hathaway sat Franken and some members of the political action committee, Coalition for Better Government.

The PAC of hyenas were firmly in support of the tactics displayed by Hathaway during his controversial time in office, to the bitter end. This comes as no surprise. The arbitrary application of rules and laws is what has paved the way for projects such as the proposed 242 expansion, while leaving glaring problems in other communities and areas to wither, such as the west end of Osage Beach and the Key Largo intersection.

Hathaway was the perfect administrator for this type of arbitrary application of Planning and Zoning. He had no reservations about using his office and department to advance the agenda of special interests at the Lake of the Ozarks. The record he has left in his wake clearly demonstrates a dereliction of the duties he was paid to perform. As mentioned previously, this history is highlighted by the unpaid suspension Hathaway served last October/November.

HARMFUL EXPOSURE?

As reported above and in ‘County Attorney Threatens Lawsuit Against County…?’, Charlie Mac floated as one in a flurry of excuses for his breaking the law, the idea that if a bill contained an employee’s name, they could sue the County. If his office were ignorant enough to put an employee’s name on a billing statement, subject to Sunshine Law, then Charlie Mac would find himself in hot water. It would be his lack of legal foresight and disregard for confidentiality that would lead to the county being inadvertently exposed in this way. That type of legal malpractice could end in serious repercussions, beyond the relatively minor crime of unilaterally suspending Sunshine Law.

The taxpayers of Camden County would certainly hope that a partner in the law firm of Phillips, McElyea, Carpenter and Welch would know better than leaving this type of information available to the public.

Taking McElyea’s “John Smith” example and applying it to, Don Hathaway for example, might make for some interesting reading.

Unfortunately for the Citizens of Camden County who would like to read a saucy tale of government corruption and scandal, they would be disappointed to find that Charlie Mac apparently has a lick of legal sense.

The billing statement below, one of dozens reviewed by Theresa Townsend and Leslie Chamberlin, reflects some interesting dates and information. For example, it shows several calls regarding ‘PERSONNEL’ between McElyea and Commission, both individually and as a whole between November 18th-19th. Unfortunately for the rumor mill, the statement does not identify who these calls were about, nor does it detail what the calls regarded.

This billing statement from Charles McElyea in his duties as Camden County attorney, from 2013, is one of dozens reviewed by Theresa Townsend and Leslie Chamberlin. It appears to be proof that Charlie Mac’s claim, that he is incompetent and has exposed the county to liability through his billing statements, is unfounded.

While there is an entry of ‘CONFERENCE CALL DON HATHAWAY RE:COMPLAINT’ also listed on the 19th of November, there is no further information given. It does not discuss what type of complaint this conference call was regarding. It does not indicate who, other than McElyea and Hathaway, might have been on this call. There is no reason to assume this is anything but part of the normal course of business for Planning and Zoning. Complaints relating to Planning and Zoning have been endemic during Hathaway’s tenure, a fact he acknowledged in his resignation:

“I was informed at the onset of my employment that my position was historically one of debate and controversy.”

An entry on November 20th bears a similar notation from McElyea, again mentioning Don Hathaway.

As all of these calls took place after Hathaway’s reinstatement from his unpaid suspension, it is difficult to say with any degree of certainty that any of the calls listed on this invoice had to do with poor behavior on Hathaway’s part.

McElyea regularly billed the county for calls with Hathaway with respect to Planning and Zoning. In fact, the P and Z department had an immense budget overrun in legal fees in 2013. Thousands of dollars were hemorrhaged during Hathaway’s tenure.

None of these many conference calls uncovered the fact Planning and Zoning were racking up extra fees pursuing anonymous complaints, unfortunately.

This example of the ‘concerns’ McElyea expressed with his “John Smith” fears and ‘Chicken Little’ logic appear to be unfounded. Charlie Mac is competent enough to not expose the county with damaging details of employee misconduct in his billing statements, as one would hope. McElyea has served as the attorney for Camden County for many years…

Stay tuned to http://www.americanspring2011.com for the very latest on this and other stories. Follow us on Twitter @AmericanSpring and on Facebook on the Guerrilla Radio with American Spring page.

On Sunday, March 23, 2014, the Jefferson City News Tribune weighed in on the resignation of Planning and Zoning administrator Don Hathaway. The article, written by Ceil Abbott, mentions, for the first time in any detail, an investigation that was conducted into Hathaway’s behavior in office. The result of this investigation was Hathaway’s being placed on an unpaid, two-week suspension.

The News Tribune, the parent of The Lake Today, reprinted excerpts of Hathaway’s resignation letter. They also conducted a follow-up interview with Hathaway after his resignation was tendered during last Wednesday evening’s meeting of the Planning and Zoning commission.

While the article reiterates the ‘reasons’ Hathaway cited for his resignation, it is woefully short on context. The by actions taken by Hathaway while serving as Planing and Zoning administrator and his checkered history in the Camden County Planning and Zoning department are ignored in this article, presenting a one-sided, disingenuous account of Hathaway’s tenure.

In a ‘follow-up’ interview, Hathaway was allowed to create a revisionist history regarding the events that led to his resignation.

No counterpoints were offered to Hathaway’s claims in this article. No questions were asked regarding the controversial history of the department under Hathaway. Nor was there any mention of the inquiry into Camden County Planning and Zoning that has reached the office of the Missouri Attorney General.

The News Tribune presented an article which appears to paint Hathaway as a ‘victim’ rather than the ignorant, abusive administrator he proved himself to be through repeated actions.

In addition to claims Hathaway made in his letter of resignation, read aloud at the end of last week’s meeting of the Planning and Zoning Board, Hathaway went on to make additional comments to Ceil Abbott:

In a separate interview, Hathaway said he decided to resign because Luber had begun to “bring my family into the issue by saying I have a conflict of interest because some of my in-laws are involved in politics in Morgan County.”

Hathaway’s father-in-law, former state Rep. Rodney Schad, was elected to the Morgan County Commission two years ago.

“I am not going to work in an environment in which I get an ass chewing every week,” Hathaway said.

Here, deflecting attention from his misconduct as administrator, Hathaway opens an interesting door. His relationship with Rodney Schad, and Schad’s relationship to Lake area players like Ameren, deserve skepticism and further review.

Unbelievably, Hathaway, whose ritualistic disregard for the ULC he was tasked to uphold, made the following audacious statement.

This statement bears repeating:

“I am not going to work in an environment in which I get an ass chewing every week,” Hathaway said.

As a direct result of Hathaway’s actions, Camden County has been exposed to liability. His ignorance and disregard for the ULC, along with an established history of abusive demeanor and language, would seem to indicate that Don Hathaway didn’t get as many ‘ass chewings’ as he deserved, despite whines to the contrary.

More than that, his simple statement is reflective of the way he administered his office as P and Z administrator. It is a direct statement to the people and tax payers of Camden County:

Hathaway knows best. No one should question Hathaway.

Cliff Luber responded to Hathaway’s statement with the following:

“I am sorry that he was offended, but I was just trying to get him to do his job properly,” Luber said. “I have an obligation to see that the citizens of Camden County are treated fairly and equitably and to see that the rules of planning and zoning are applied correctly and equitably.”

Apparently, asking him to follow the rule of law and the ULC he was paid to adhere to is equal to an ‘ass chewing’ in Hathaway’s world. This emotional infancy and grade-school logic, reminds of a child’s tantrum. It also would seek to turn the blame for Hathaway’s mismanagement of Planning and Zoning toward anyone who questioned him.

As reported yesterday in ‘Hathaway, McElyea and the ‘Chicken Little’ Argument’ from yesterday’s Morning Toast, Camden County Planning and Zoning, under the administration of Don Hathaway, was a source of never-ending controversy.

Recently it was announced that, as a direct result of Hathaway’s ignorance, the department was investigating anonymous complaints. This practice is strictly forbidden by the ULC Hathaway was paid to enforce and resulted in tens of thousands of dollars in legal fees the county had not budgeted for. This single example of gross negligence on Hathaway’s part created these unnecessary budget overruns.

“I am not going to work in an environment in which I get an ass chewing every week,” Hathaway said.

Indeed.

Stay tuned to http://www.americanspring2011.com for more on this and other stories as they develop. Catch the ‘Morning Toast’ each morning…..Bitter, but worth every bite.