What Is A Conflict Of Interest And Are They Important In Giles County?
State law, Tennessee Code Annotated 5-21-121, has this to say about conflicts of interest for those counties operating under the financial management system of 1981
5-21-121. Conflicts of interest.
(a) The director, purchasing agent, members of the committee, members of the county legislative body, or other officials, employees, or members of the board of education or highway commission shall not be financially interested or have any personal beneficial interest, either directly or indirectly, in the purchase of any supplies, materials, equipment or contractual services for the county.
(b) No firm, corporation, partnership, association or individual furnishing any such supplies, materials, equipment or contractual services, shall give or offer nor shall the director or purchasing agent or any assistant or employee accept or receive directly or indirectly from any person, firm, corporation, partnership or association to whom any contract may be awarded, by rebate, gift or otherwise, any money or other things of value whatsoever, or any promise, obligation or contract for future reward or compensation.
Tennessee Code Annotated Reference Number: CTAS-911
The County Financial Management System of 1981 contains a broad conflict of interest statute which prohibits the finance director, purchasing agent, members of the financial management committee, members of the county legislative body, or other officials, employees, or members of the board of education or highway commission from being financially interested or having any personal beneficial interest, either directly or indirectly, in the purchase of any supplies, materials, equipment or contractual services for the county. No firm, corporation, partnership, association or individual furnishing any such supplies, materials, equipment or contractual services, may give or offer, nor may the director or purchasing agent or any assistant or employee accept or receive, directly or indirectly, from any person, firm, corporation, partnership, or association to whom any contract may be awarded, by rebate, gift, or otherwise, any money or other things of value whatsoever, or any promise, obligation, or contract for future reward or compensation (T.C.A § 5-21-121).
This is the statement offered by CTAS for County Commissioners to use in declaring a possible conflict of interest. Notice that the proposed statement leaves a blank space to be filled in by the individual commissioner identifying the specific reason for the possible conflict. Example would be an employee of the school system, the Highway Department, etc. What the County Executive has declared is that commissioners have a possible conflict of interest because they serve as County Commissioners.
“Because I am an employee of (name of government unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents.”
Now in light of these requirements I ask the following questions:How can a person holding an appointed office such as to the Power Board, Economic Development, etc do contractual work for the county or city without having a conflict?
How can someone give a large monetary gift to the school system while receiving no bid contracts to provide services to that system without it being a conflict?
If conflicts of interest are to be taken seriously how can Commissioners continue to mis-read such a ridiculous statement declaring they have a conflict of interest because they are commissioners instead of stating the name of their employer as cause for a possible conflict? As it is being read now every commissioner must declare a conflict because they are all commissioners.
posted by Allen Barrett | 10:08 AM
30 Comments:
Its important for the law to be upheld in any county in TN that operates under the Financial Management Act.
Without giving the full details of the situations it is impossible to know if it's a conflict or not. How about more info.?
So a conflict of interest is totally subjective Johnny Reb. Does it bother you that the school system gives a very large no bid contract to the person who wrote the specs then that person turns around and makes a big donation to the school system. By the way do you know that the school system makes it's insurance payments to the agent and not the actual company and thus the actual amount of the insurance contract is unknown to the school system?
In the matter of the school insurance, we can only hope Mr. J. B. Smith gets it sorted out to where it should be. Why are the commissioners turning a blind eye to this?
I believe the commissioners are turning a blind eye on the insurance matter because there were three former commissioners who looked into the matter and were strongly warned by County Executive Vanzant and some of the people in Nashville to "stay out of it" as it was none of their business. Some of the commissioners are staying out of it for the same reason they refuse to do anything about the 911 mess, the illegal spending by the county executive such as paying a commissioner for not attending meetings and paying an attorney over twenty thousand dollars without approval of the commissioners.
911 Board Meeting Tuesday. 9 a.m. at Career Center.
Insurance has been provided by Alsup. He bills the County and we have no idea as to what he is charged by the insurance carrier and he refuses to disclose that amount. This information has been asked for and he flat refuses to disclose. WHY?
The county executive refuses to have the Finance Department ask for bids from various insurance sources. WHY?
Apsup has been providing insurance for years. Seems that he has the Golden Egg.
If he is making a reasonable profit why is he refusing to disclose what the insurance cost is to him? If he is making an exorbitant profit; I then can understand why he refuses to disclose his cost.
Right on 7:52, Right on.
Alsup is a member of the Election Commission and paid for each meeting. He is appointed and not elected to that board. Surely this is a conflict of interest with him holding the contract for county insurance?
As it is with Mr. Rackley who holds a similar paid position on the election commission yet is contracted with by the county.
The election commissioners are appointed by the state not local government!
The state ain't paying them or they 11:44?
I don't know who pays them but I bet it is mandated by the state!
The county pays members of the election commission for each meeting they attend.
Yes, election commission members are ultimately appointed by the state election commission, upon recommendation from the local Democratic or Republican party, then individuals are further pushed through by our state representatives.
Barrett you are a genius! Let's prohibit anyone that serves on any board in Giles County from providing as much as a pencil to city or county government! That would include any builder from building any industrial property and bank from providing funding for Giles County to grow! Let's even set it so no county employee can attend a local college or training institute because they contain staff that participate in a Board to help build or grow the county! Let's send all the business from the cities and county for such things as vehicles, equipment, office supplies etc, out of town so we can continue to push our local money out of the county! Barrett you are freaking brilliant!
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Well thank you 8:12. I wish you were as smart so you could look at thongs as they are and not through the prejudiced ignorance of your attempted sarcasm.
It happens to be the state that defined a conflict of interest not I. It seems from your post that you have no problem with perceived conflicts of interest as the school board attorney representing both sides of an exchange. That you see no problem with a county commissioner voting on a budget that gives them a pay increase. A contractor writing the specs for a bid that only they can fill. That you receive a b=no bid contract in the hundreds of thousands of dollars then turn around and give a large financial gift to the people who gave you the contract. That you see no problem with a banker being on a development board that then guides the financing of that development to their bank. That you are satisfied to pay a commissioner for not attending meetings as long as they vote the way you guide them. I could go on but what would be the use trying to explain a thing to someone who is satisfied with the way things are because it is beneficial for them to look the other way.
Well said Allen.
What he was attempting to say may have been relevant, but it is far from well said!
Picky professor at it again.
Once upon a time the Education Committee of the County Commission told Alsup he would not be sending the bills anymore. That they were to come from the insurance company. He screamed at them that he would continue and not change until the next school year. I take it he is still sending the bill. Mr. Smith took his check for 2500 and kept it for several weeks. He then told the board about the check and gave it over to the board to do with as they please. He didn't want any part of the check as Jackson and Webb had done. Tee stayed fat on the money from Alsup to eat on and take people out. Jimmy Alsup claims to be such a great Christian, but he has made about a quarter million off of school system being devious and manipulating.
The statement says: " Because I am a Giles County Commissioner, I may have a conflict of interest in the proposal about to be voted, however I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and to the citizens this body represents." I hope this will clear this up. It doesn't say I have a conflict of interest, it says I may.
The conflict or possible conflict is not because you are a commissioner but because of the position one holds outside the commission. An example is a commissioner who works for the Sheriff's office is required to make the statement prior to voting on an issue that involves the purchase of patrol cars for the Sheriff's Office. A commissioner who works for the school system is required to read the statement before voting on issues for the school system, etc.
I have the greatest respect for Commissioner Faulkner as one of the better commissioners but she demonstrates one of the major problems with County Government. The statement I posted is word for word from the CTAS statement found on their website under the heading Conflict of Interest. What Commissioner Faulkner quoted from is the altered version of the statement, given to her and other Commissioners by the County Executive. Taking the word of the County Executive without verifying it almost always leads to a faulty conclusion.
Go to the CTAS website
then to the CTAS Online Library
then go to County Operations
then to Ethics
then to Conflicts of Interest
then to Special Rules for County Commissioners who are County Employees Paragraph 3.
I have never seen such arrogance and hedonism.
You're right 5:37 the arrogance of Vanzant is becoming legendary as for her sensual self indulgence I can't comment.
once again the enabler allows his zest for taking shots at Allen to lower his IQ. Some things never change
A comment on December 14th says the local Republican Party recommended Mr. Alsup. Mr. Alsup was NOT on the list of recommendations provided by the local Republican Party to Rep Doss and Senator Hensley.
Can the county get the insurance records from the insurance company's headquarters? I wonder how the payments they received would compare to what the county has paid to Mr. Alsup
I am sure everything is on the "up and up", but I don't know why Mr. Alsup would be screaming at anyone.....
If Alsup was not on the recommendation list; then, how was he appointed?
Getting invoice records from the insurance underwriter would require a court order since the County is Mr. Alsup's client. The Insurance underwriter would tell the county to get the records from Mr. Alsup.
Yea ..... right, like he will provide such records.
Conflct has now been redefined since this argument! 2016! Done by the Republican House and Senate.
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