small, short-haired black mixed terrior with white around mouth and on paws

KNOXVILLE, Tenn. (Aug. 22) - Judge Thomas Phillips will conduct a hearing on the Alcoa, Inc. retiree benefits case Wednesday, August 27, 2008 at 9 a.m. in U.S. District Court in Knoxville. Attorneys for both the company and the retirees have asked the judge to avoid a trial and rule in their favor on the case which impacts the health plans of 13,000 to 15,000 former aluminum company workers.

Hundreds of former Alcoa, Inc. employees are expected to attend Wednesday’s hearing in Knoxville.

According to the lawsuit filed on behalf of the Alcoa, Inc. retirees, the contract ratified nearly two years ago between Alcoa, Inc. and the United Steel Workers union imposes higher premium obligations, more deductibles and greater amounts of coinsurance on most — if not all — previously covered health-care expenses. The benefit changes were effective at the beginning of 2007 and apply to retirees who left the company between May 31, 1993, and June 1, 2006.

The contract was approved nationwide by a razor-thin margin. At Local 309 in Blount County, the vote was also close with 511 union members (51.7 percent) voting in favor of ratifying the contract and 478 members (48.3 percent) voting against it. Retiree benefits was the key point of contention.

The lawsuit charges that Alcoa, Inc. violated the retirees’ vested rights under the Employee Retirement Income Security Act (ERISA) and breached its contract under the National Labor Relations Act (NLRA).

Knoxville attorney Greg Coleman, who represents 14,000 Alcoa retirees nationwide in the case, said that Judge Phillips’ ruling would either end the case or send it forward to a trial.

Courtesy of Russ McBee over at at TennViews...

The Maryville Daily Times reports that a lawyer for the Tennessee Division of Elections has advised Blount Co. Election Commission that a "special election" to fill the General Sessions Court judge vacancy is not allowed according to a 1984 Attorney General ruling and that County Commission must appoint a replacement.

According to the article, the Tennessee Division of Elections lawyer was not aware of the same scenario in Knox Co., in which Knox County is planning a November election to replace a General Sessions Court judge who was elected to Circuit Court. The lawyer said "maybe" it has something to do with Knox County's home rule charter.

Knox County's home rule charter Article IV, Sec. 4.02 says "If a vacancy occurs in any judicial office of the General Sessions or Juvenile Court, or in any other County judicial office established by law or by this Charter in Knox County, then that vacancy shall be filled by a vote of the Commission as prescribed in this Charter, and the person so selected shall serve until his/her successor is elected and sworn."

It would actually seem more clear that Knox County cannot hold an election. (Unless the charter means for the appointment to be temporary until the next election. The charter does not appear to be as specific as state law on that.) On the other hand, state law applies in Blount County case, and state law seems to directly contradict the Tennessee Constitution. Guess somebody needs to fix that.

It should also be noted that the November election is not a "special" election. It is a regularly scheduled general election. So it's not clear if the 1984 AG opinion applies. In fact, state law specifically states that vacancies occurring in a 120 day window before the November election are to be filled by party convention nominations and a November election.

But we assume nobody will press the issue with Blount County to seek further clarification, and they will do whatever they want to do as usual.

The Nashville Post has obtained a copy of Raymond Finney's request to the TNGOP for a recount. Under "reasons," he levels some pretty serious allegations regarding voting irregularites in Sevier County.

(By way of ACK at Post Politics)

The Maryville Daily Times reports on the question of whether there should be an election to replace Judge Duggan in Sessions Court. (See previous discussion here at BlountViews.)

Blount GOP Chair and Mayor Jerry Cunningham's assistant county mayor and financial director Dave Bennett invokes the Tennessee Constitution. This could end up being a test of the Tennessee Plan. We're certain he's aware of the controversy surrounding that.

Is Sessions Court Judge, basically a "justice of the peace," a county office or state office?

COMMISSIONER TO HOST CONSTITUENT MEETING at FAIRVIEW ELEMENTARY

Blount County citizens, particularly those who live and vote in District 4, are invited to attend a Constituents' Coffee on Monday, August 18th, from 6:30 p.m. until 8:00 p.m. at Fairview Elementary School. Wendy Pitts Reeves, one of three Blount County Commissioners representing District 4, will provide a brief review of current issues facing the County Commission and entertain questions on items of interest to constituents. All persons interested in learning more about local government are invited. District 4 includes those who vote at the county Board of Education, Chilhowee View, Fairview North and South, and Montvale Elementary. For more information about the Coffee or to RSVP, contact Reeves at 865-207-4305 or by email at wendypittsreeves@yahoo.com.

The Maryville Daily Times reports today that Neill-Sandler Ford as notified employees that the dealership is closing. According to the article, the service department will close in approx. one week and the sales department will close when all used vehicles are liquidated, approx. 90 days. The property will be sold.

There were rumors about this on a Knoxville chat board back in May. I though it was BS. But according to the article, ownership was notified several months ago that they were being targeted by Ford Motor Co. for closure.

Dear Keep Blount Beautiful: & a few friends

This may be an odd request, yet you often have teams along the roadways here in Maryville picking up litter. I've listed all the streets in this email, in the event someone turns in our old day planner. Thank you for your attention. Please forward this email to everyone you believe may have a 'lost & found' in the area. Kind Regards.

REWARD: Looking for a good samaritan! We left our old day planner on the trunk of our car & drove out of Asbury Acres nursing home around 9:15am on Tuesday August 12th.

It is NAVY BLUE. 6" x 8" and 2" thick.

It's so old it's bound together by gray duck tape.

We took a right down Standridge Rd. then Left onto Sevierville Rd. took a right onto East Brown School Rd. the a left onto Brown School Rd in front of East Maryville Baptist Church. Then a left onto Old Knoxville Pike. We got on Broadway & took a right onto Third Ave, behind the United Way office, coming out onto Lincoln Rd off Fifth Ave from there we took a left onto Lincoln, then a right onto Hall Rd.

We're offering a REWARD.
Please call 748-7122 if you have any information.
Thank you & God Bless.

Black Lab missing since Sunday, August 10. Please call with information.

Didn't we used to have a Blount County newspaper? Here are two BIG stories about Blount County ... both of them from the KNOXVILLE News Sentinel:

Maryville church youth leaders charged with sex crimes

West Knox company relocating to Rockford

Here's some interesting insight into why so many lawyers supported Judge Duggan. It seems Judge Meares expected them to do their job, even if they didn't make as much money.

The Maryville Daily Times says Judge Duggan will be sworn in on Sept. 1 and County Commission will appoint his replacement for General Sessions Court judge.

Read the Tennessee law governing appointments at this comment, particularly TCA 5-1-104 (b) (2) which says "If the vacancy occurs less than sixty (60) days before the August election but sixty (60) days or more before the November election, then nominees of political parties shall be selected by party convention and a successor elected in the November election."

Sept. 1, the day the vacancy will occur, is 64 days before the Nov. 4 election, right? Doesn't that mean there should be party conventions and a November election for the new General Sessions Judge?

According to WBIR and MDT, Raymond Finney has filed a formal request for a recount with the Tennessee Republican Party. Reports say the TNGOP referred it to State Election Coordinator Brook Thompson to advise on the procedure and the cost.

The TNGOP executive committee will make the final determination. They have not been very receptive to such requests in the recent past (see here and here).

But not in Blount County. Newell Rubbermaid Office Product group, the world's largest manufacturer of ink for writing instruments, and the Industrial Board of Coffee County, Tenn., announced today that they have reached an agreement for the company to acquire a 60-acre site to build a new state-of-the-art ink manufacturing facility in Coffee County's Interstate Industrial Park in Manchester.

The new ink facility will represent a $12.5 million capital investment by Newell Rubbermaid for building and land improvements and equipment. Design and testing of inks, ink manufacturing and storage of finished goods will be handled at the facility, which will supply the company's nearby writing instrument manufacturing facilities in Tennessee as well as its operations in Europe, Latin America and Asia.

"For decades, Newell Rubbermaid has had a considerable presence in middle and east Tennessee, where we manufacture well-known products like Sharpie(R) markers and highlighters and other office products, and we are excited to be expanding our position in the community," said Howard Heckes, president of Newell Rubbermaid's Markers, Highlighters & Art Products global business unit. "By locating our new facility here, in close proximity to other Newell Rubbermaid Office Products operations, we are well positioned to maintain our sustainable competitive advantage as the world's largest manufacturer of ink for writing instruments."

"This announcement reflects the confidence that Newell Rubbermaid has in the Coffee County workforce, and I'm very pleased to see the company's continued investment in Tennessee," said Tennessee Governor Phil Bredesen. "This announcement speaks well of our hard work to make Tennessee competitive in the global marketplace and to create a pro-business environment in which companies can thrive."

The company's existing ink facility in Shelbyville has approximately 60 employees, and these employees are expected to transfer to the new location in Manchester. Additional jobs are expected to be added during the next three years.

"Newell Rubbermaid's announcement offers great job opportunities for residents of Coffee County and surrounding communities," said John Bradley, senior vice president of economic development for the Tennessee Valley Authority, which played a role in assisting Newell Rubbermaid with site selection. "We are glad to partner with state and community organizations and local providers, such as Duck River Electric Membership Corporation, to provide quality services to Newell Rubbermaid as they grow in the years to come."

Bill Comer, chairman of the Industrial Board of Coffee County, added, "The Industrial Board of Coffee County is pleased to partner with Newell Rubbermaid to bring this state-of-the art development and manufacturing facility to our Interstate Industrial Park. We are excited about the boost to our community's economy that will result from additional high-quality jobs, increased spending in the community by new employees and company visitors, and increased tax revenue. Additionally, the Newell Rubbermaid operation will enhance the position of our county's industrial base in both national and international markets."

Newell Rubbermaid will break ground for the new ink manufacturing facility in November. The project is expected to be completed and the facility operational in December 2009. In the meantime, ink production will continue as usual at the company's Shelbyville facility.

In sharp contrast, the company eliminated 200 employees at its Blount Co. facilities in April of this year. The jobs were moved to Texas and Ohio. Blount County Mayor Jerry Cunningham said he was "blindsided" by the news.

Related recent news...

Maryville Daily Times

The grief was echoed throughout the Blount County community as family and friends similarly remembered Sgt. Michael Ferschke, a 2003 graduate of Maryville High School. The 23-year-old soldier was killed Sunday in Iraq, according to news reports.

The young man that teachers and administrators remember had a genial soul. "He enjoyed everything he did and (knew how to live) in the moment," said [drama teacher Sherry] Petrowski. "I admired his ability to laugh at himself and move on. There was just something in there that made him special," she said. "There was a willingness to serve to his full capacity -- he was my go-to guy."

Knoxville News Sentinel

The 22-year-old Marine Corps sergeant and 2003 Maryville High School graduate was killed by gunfire Sunday while conducting a house-to-house search in Iraq, according to close family friend Doug Cooper.

[..]

The Maryville native followed through on his well-known hopes to enlist just after high school. He had been deployed to Iraq since March from his station in Okinawa, where he left his newlywed Japanese wife, Hota, who is pregnant and due to deliver in January, Cooper said.

When: Fri. September 5, 2008 7:00 PM

SAVE IT, DON’T PAVE IT!
A benefit concert for CAPPE

Friday, Sept. 5, 7-11pm at The Shed

Performers in order of appearance:

Maggie Longmire & Free Soil Farm

Maggie has a terrific reputation as a member of Knoxville band Lonesome Coyotes. With Free Soil Farm you’ll hear Maggie and friends and a new repertoire of original material.

Jay Clark and the CC Stringband

Jay is a talented singer-songwriter-guitarist and long-time friend of CAPPE. Jay will be joined by the CC Stringband.

The Lonetones

The Lonetones bring tender harmonies and fine lyrics to their original mountain music.

The Bearded

The Bearded an old time string and rhythm band. They played to a full house at Maryville’s Tomato Head recently.

Admission is $10 at the gate.

Food and beverages will available for purchase.

Bring folding chairs and enjoy a night of great music!

We look forward to seeing you on Friday, Sept. 5 at The Shed!

The Shed is located adjacent to Smoky Mountain Harley-Davidson & Buell (SMHD) on US 321 in Maryville, Tennessee. The Shed is an outdoor, covered pavilion with a full service restaurant that serves lunch and dinner on event days.

CAPPE (Citizens Against the Pellissippi Parkway Extension, Inc.) is a state chartered non-profit organization.

We formed CAPPE in 2002 in response to a proposal to build a new 4-lane interstate highway through some of Blount County’s remaining agricultural land and the lower Little River valley. CAPPE members include farmers, professionals, educators, lawyers, blue collar workers, realtors, builders, musicians, artists, homemakers, small business owners, retirees and college students.

We believe this highway is not needed, wastes state resources, and will have negative impacts on the area along the route and on the quality of life in Blount County as a whole. We raised money through events and donations and hired an environmental attorney who helped us file a federal lawsuit charging the state Department of Transportation with failing to complete the required Environmental Impact Statement.

TDOT is now working on the EIS and CAPPE is continuing to monitor the process and participate in all public input opportunities. We have also provided TDOT with sensible alternative solutions to our local transportation needs (which will be exacerbated, not solved, by the proposed new 4-lane highway).

To read more about CAPPE, please visit www.discoveret.org/cappe

Maryville Daily Times Editorial: Election results reflect lack of voter concern

That is pathetic when regardless of administrations, local, state or national, we hear almost continuous complaints about government. It is our opinion that a person eligible to register to vote and a registered voter who is too uninterested in government to cast a ballot deserves what they get. And as far as most ears are concerned, they lose their right to voice complaints.

On a certain level I agree. I'm not sure who "most ears" are (I can guess), but I have to disagree that anyone who doesn't vote loses their right to voice complaints. The First Amendment says everybody has a right to "petition the Government for a redress of grievances," whether they vote or not. I agree, though, that it's inconsistent to complain and then not vote.

But here's where the MDT argument breaks down. Do we get what we deserve, or do we get what the backroom mechanics of the local political establishment and the MDT decide we need? Perhaps voters are conditioned by so many years of the same old same old from the same old same old that there's no expectation of anything different so why bother?

But you have to give the local Republican political establishment credit for creating this environment. They have a reliable base of voters they can get to the polls every time. And they have created an atmosphere where only a very few brave souls would even dare consider dragging themselves and their families through the mud to oppose them.

So the GOP machine is doing it's job and they're good at it. Local Democrats, progressives, and independent minded people interested in better government, however, are not doing their job. Job one is getting out to vote.

Here are some interesting facts. On Aug. 7th, 6,451 people voted for Democrat Mike Meares for Circuit Court Judge, the only contested partisan race on the ballot.

In Blount County, 9,305 people voted in the Feb. 2008 Democratic presidential primary. 13,373 Blount County voters voted for Democrat Harold Ford Jr. in the 2006 U.S. Senate election. 23,433 voted for Democrat Phil Bredesen for Governor in that same election. 15,042 voted for Democrat John Kerry for President in 2004.

Where did all those Democrats and Independents go? Democrats, progressives, and independent minded voters had a real chance to throw a monkeywrench, so to speak, in the cogs of the local GOP machine. So why didn't they show up?

Races for President, U.S. Senate and Governor certainly draw more interest than the election of a local judge. But here's another interesting fact. More people voted in the Aug. 7th Circuit Court election than voted for Blount County Mayor in Aug. 2006. And Judge Mike Meares got more votes in the Feb. primary than he did in the Aug. general election!

What this suggests is that while there appeared to be heightened interest (as compared to usual voter apathy) in the Circuit Court election, negative campaigning works -- primarily to suppress the opposition vote.

(It should also be noted that the local newspapers here and in Knoxville played a role in ginning up controversy where none really existed, which may account for some of the increased interest but not in a good way.)

The only puzzling thing is why run a negative smear campaign via swiftboating surrogates when you're starting out with a huge advantage? The answer, I suppose, is that the GOP establishment is good at their job. They take no prisoners, give no quarter, and leave nothing to chance.

That's something Democrats in Blount County, and all across America, are going to have to learn if we want to be a viable opposition party in the interest of better government.

Our friend and fellow blogger Russ McBee in Knoxville has graciously agreed to produce the Tennessee progressive blog roundup for the rest of August. (Thanks, Russ!)

Here is Russ's installment for this week, with a look at what Tennessee's best bloggers are talking about.

A resident in the South Blount Utility District said they got a notice of violation of safe drinking water standards indicating their drinking water was contaminated with high levels of lead.

According to the resident, the notice says the "action level" (upper limit) for lead in the water is .015 mg/l, and the June 2008 measurement was .075 mg/l, which is five times the allowable amount.

The notice reportedly said residents should run their water longer or consider using bottled drinking water.

Maybe an expert can explain how running your water longer will help if the lead is already in the water from the source? Also, it's too bad people are being advised to run their water longer in the middle of a drought. And not everyone can afford bottled drinking water.

Has anyone else received a similar notice? (We're on Alcoa city water, and it usually gets A+ reports and I don't recall ever receiving such a notice.)

At any rate, does anyone know if Mayor Jerry Cunningham has advised the South Blount Utility commissioners to do something about the lead in South Blount Utility water if they want to keep their jobs?

The Tennessee Department of Environment and Conservation says "Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure."

UPDATE: This is not the first time. The utility had violations in February of this year. District manager Henry Durant said at the time "We're out of compliance, and we're desperately trying to find a solution." There were also violations in 2006.

SBUD says the problem is with older homes which have copper plumbing with lead solder on joints. This is why running the water longer is supposed to help. According to TDEC, utilities that test positive for lead in drinking water at the tap are supposed to treat the water with a "corrosion inhibitor," which is a "substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials." Sounds tasty! Does anyone know if SBUD has done this?

So now the question is, why the big rush to add fluoride to the water? It would seem that lead in the water is a serious, well documented, well understood problem in terms of its effects on human health. Shouldn't removing lead take priority over adding fluoride? Has Mayor Cunningham remarked on the levels of lead in SBUD drinking water, or offered a plan to address the problem?

UPDATE: The Maryville Daily Times reports today (Aug. 13) that SBUD says the problem is isolated to older homes with lead pipe or plumbing with lead solder and that they do not have any supply lines with lead pipes. According to the article, SBUD says they took steps in June to implement changes recommended by a Virginia expert regarding anti-corrosion treatment of the water. The article says the problem has been ongoing since 2006, but does not say if anti-corrosion treatment was added before June of this year as required by law. The article also quotes the Tennessee Department of Environment and Conservation as saying the utility is still out of compliance but improving. The article doesn't mention if Mayor Cunningham has been involved in monitoring the situation or working with SBUD on solving the problem.

...no, really. They really ARE coming. This time to the Republic of Georgia:

Link...

Georgia's president said Friday that his country is under attack by Russian tanks and warplanes, and he accused Russia of targeting civilians as tensions over the breakaway Georgian region of South Ossetia appeared to boil over into full-blown conflict.

Link...

Georgia, which borders the Black Sea between Turkey and Russia, was ruled by Moscow for most of the two centuries preceding the breakup of the Soviet Union. The country has angered Russia by seeking NATO membership — a bid Moscow regards as part of a Western effort to weaken its influence in the region.

Not to detract from the gravity/depravity of yesterday's election, but what a nightmare for these people.

In a front page article, the Knoxville News Sentinel reports this morning:

Having won the Republican primary, Overbey will win the office because there is no Democratic opposition.

I guess Independent Ira Lapides dropped out and I didn't hear about it.

I emailed KNS Editor Jack McElroy to ask about it, and now the online version of the story has been altered:

Having won the Republican primary, Overbey will face Independent Ira Lapides of Gatlinburg in the general election in November.

So are they going to send someone out to 150,000 homes with Sharpies to correct the print edition?

They really shouldn't do this. They should put an editor's note at the bottom explaining that the original article had an error that was corrected online and that the print edition still contains the error. I don't think it helps their credibility when the print edition doesn't agree with the online version and there's no explanation as to why.

(But yeah, Overbey will "probably" win.)

The final number of ballots cast is not available, but based on the number of votes in the county general circuit court race, Blount County voter turnout was 25.5%.

This is probably a little higher than normal, but not enough to overcome the entrenched special interests that run Blount County politics and government.

Here.

(From a Meares campaign spokesperson)

FOR IMMEDIATE RELEASE:

August 7, 2008 - MARYVILLE, Tenn. - At polling locations throughout Blount County, voters are being told by election workers that they cannot vote in the Republican Primary and vote for Judge Mike Meares, a Democrat. This false information is intentionally meant to mislead Republican voters who may support Judge Mike Meares.

So far this morning, voters have been given incorrect voting instructions (pertaining to who they can and cannot vote for) in Townsend and at the Maryville High School polling locations in Blount County.

Election workers were given explicit instructions and know this information is false and misleading.

In another incident in Townsend, a young man named Dylon Watuki was holding a Judge Mike Meares sign when a vehicle swerved and tried to hit him. Later, a Townsend man named Claude Scarboro had a Judge Mike Meares sign physically pulled from his hands at the Townsend polling center. Police reports were filed in both incidents.

School officials told Martha Meares (Judge Mike Meares sister) this morning that signs were not permitted on school property. Tennessee law states that signs are permitted at polling locations provided signs are not placed within 100-feet of the entrance. Election law, not school policy, dictates what can and cannot take place at a polling center.

In Rockford, election workers were trying to keep sign-holding supporters 280-feet away from the polling center - more than twice the distance allowed under election law.

On Aug. 6, many Blount County residents reported that recorded phone messages were being made throughout Blount County telling voters they could only vote for the Republican candidate for Blount County Circuit Court Judge if they planned to vote in the Republican Primary. This is another false and misleading message meant to deny voter the right to choose the best candidate.

Stopped by the Alcoa precinct at lunchtime. Business was slow. A poll worker said it had been slow all day, as slow as he recalls ever seeing it.

Just as I arrived, a couple of Meares campaign workers were being asked to move their post a little further away from the polling place door. It was the second time. Poll workers were measuring it off with what looked like a sewing tape or something.

Here's Meares campaign worker Zack Nyein manning his station in its final resting place.

They had first set up to the left of the dumpster, closer to the polling place entrance near the orange cones. The boundary was not clearly marked, so they were guessing. A poll worker came out and asked them to move a little further away, pointing to the sign across the parking lot near the street, which you can see next to the entrance near the phone poles (the short white sign).

Their second setup appeared to be outside the boundary, but someone complained anyway so they moved again to this spot. Hope they're still there, and not forced to moved over to Springbrook Park or something.

Local races to watch:

• Mike Meares v. David Duggan, Circuit Court Judge Div. II

• Patrica Bell v. Brad Long, School Board District 6

State primaries of interest:

• Jim Bishop v. Raymond Finney v. Doug Overbey, R TN SEN 08

• Steve Hargis v. Jim Melton v. Tona Monroe-Ball v. Bob Ramsey, R TN REP 20

More state races of interest at TennViews...

It has come to our attention that some voters may be receiving misleading phone calls regarding the vote tomorrow.

Here are the facts. There are three elections tomorrow: A state Democratic primary, a state Republican primary, and a Blount County general election.

Regardless of which party primary you vote in, all Blount County voters can vote in the Blount County general election, and your ballot will have ALL the Blount County general election candidates including Judge Mike Meares.

In other words, even if you vote in the Republican primary, you can vote for Judge Mike Meares in the Blount County general election.

If anyone calls you saying otherwise or someone from the local Republican establishment tries to confuse you on this, you should ask yourself a simple question: who is for legitimate elected government by the people and who is fighting democracy by way of misinformation and voter disenfranchisement? Then vote accordingly.

(You should also ask yourself why the local Republican establishment would insult your intelligence by suggesting you are stupid enough to believe such nonsense.)

Tomorrow (Thursday) is an important day in Blount County. It's when we vote. Voting is a right paid for in blood and a duty we must honor.

Voting is the only say we have in government. Wealthy businessman and lawyers seem to believe government is for sale to the highest bidder. Don't let them get away with it. All the money in Blount County can't buy your vote unless you let it by sitting idly by. Your vote is yours and yours alone. Use it, and use it wisely.

This is your chance to have your voice heard. Send a message: Government by the People, for the People.

Thursday Aug. 7th is election day. Don't forget to vote.

Here are the precincts by district.

Here are the precinct locations.

Here's the Democratic Primary sample ballot.

Here's the Republican Primary sample ballot.

Here are E-slate voting machine instructions.

UPDATE: There are three elections tomorrow. A Democratic state primary, a Republican state primary, and a county general election. Regardless of which primary you choose to vote in, the county general election candidates will be on your ballot and you can vote for them.