County Mayor Ernest Burgess, former Circuit Court Clerk Laura Bohling
A million-dollar debacle: That’s what the suspended computer project for the Circuit Court Clerk’s Office is becoming. And it could grow even more expensive as legal fees piles up if Rutherford County files suit against the vendor, Utah-based NewDawn, for not being able to make the software work.
County Mayor Ernest Burgess told county commissioners recently that he’s working on the matter daily with the county attorney and that as soon as he has a recommendation, he will bring it.
“It might be in executive session,” Burgess warned. Those are closed meetings in which the county attorney advises commissioners of their legal situation.
County Commissioner Doug Shafer, who serves on the county’s budget committee, echoed Burgess, saying, “We’ve got a chance it could be a nice long legal battle.”
That’s not what county officials were hoping for two years ago when they agreed to fund a $730,000 computer software program designed to update the clerk’s system and give the county more control over its information, instead of leasing a computer system. (Personnel and overtime payments have bumped the cost close to $1 million.)
But that appears to be where it’s heading.
The odd thing is that nobody will say, so far, who is at fault. Of course, if the county sues NewDawn, then they think the vendor is at fault, or at least that’s where they’re putting the blame.
But county officials apparently didn’t understand how complex the process would be for transferring all the information in the old system into a new one and making it work for the thousands of people who go through the court system each week and month.
The general public doesn’t understand how much money runs through that office, thousands and thousands of dollars every day, for fines, court costs, etc. People also depend on the court clerk’s office for payments such as child support and court decisions.
In fact, one woman who didn’t receive her October payment for a class-action lawsuit verdict wound up receiving a visit from Mayor Burgess. After the clerk’s office computer system mistakenly sent her check to a man in Smyrna, she called the mayor’s office, and he wound up delivering it to her personally.
“We have to take responsibility,” the mayor said, confirming that he did make the delivery.
County commissioners weren’t exactly kept up to date on the project, either. They didn’t know it wasn’t working until November.
Anyway, I was discussing this matter recently with former Sheriff Truman Jones on WGNS’s “The Truman Show” when a woman called in and asked about the matter. I had written an article quoting former Circuit Court Clerk Laura Bohling, who said she offered to help new Clerk Melissa Harrell with the computer system project when it went live in early September, also when Harrell took office after winning the election.
Bohling said Harrell never returned her calls and that, in fact, nobody in county government had communicated with her, even though she had been in charge of the project for two years.
The radio caller wanted to know why Bohling wasn’t asked to help. Apparently because Harrell, who as an elected official is ultimately responsible for that office, didn’t ask for her help. The local court system is also a mish-mash of state and local authority and money.
But considering the County Commission paid for the computer system, instead of the clerk’s office, the new clerk should be urged or compelled to bring Bohling in to help finish the job.
Of course, the project is on hold for now and the county has gone back to its old system. But it might be worth a shot to hire Bohling as a consultant for a short period to try to finish the job before giving up and going to court. Incidentally, she has taken an administrative job with a Brentwood law firm.
County Commissioner Robert Stevens also wants to have a committee investigate the matter to try to figure out what happened. That might be necessary, sort of like a congressional inquiry.
Here’s another view: hackers can shut down the Internet in North Korea, bring Sony to its knees over a new movie, steal money from your bank account and find a way into your personal information. But Rutherford County can’t change the clerk’s office to a new system? You gotta be kidding me.
Rehab Lawsuit
A “family” isn’t what it used to be, at least not by the government’s definition.
Typically, a family is considered to be parents and children, whether natural, adopted or foster, possibly grandparents, maybe Uncle Joe, and, of course, throw in a couple of dogs, cats and gerbils.
But now the definition of “family” in Murfreesboro includes up to eight people who are disabled because they’ve been through drug and alcohol addiction treatment or mental health treatment. That’s how the city came to approve a group rehabilitation home at the home formerly owned by County Attorney Jim Cope on Southeast Broad Street.
As a result, two Southeast Broad Street residents, Margaret Todd and John Hawk, are suing the operators, JourneyPure of Brentwood, the owner, Jui-Lien Chou Ho of Lubbock, Texas, and the city of Murfreesboro. The case recently transferred to Circuit Court from Chancery.
The neighbors contend that the rehab home will hurt their neighborhood and their property values and that the “transitional” home and commercial operation there violates the city’s zoning ordinance and restrictive covenants.
The plaintiffs also argue that city officials participated in a civil conspiracy in approving the group home.
The city contends that the residents meet the definition of “family” in the zoning ordinance and that it isn’t a “transitional home.” Furthermore, the city and JourneyPure argue that not allowing the residents there would violate federal laws by discriminating against people with disabilities, and that applies to those who’ve been through mental health treatment and drug and alcohol addiction treatment.
The company also contends that the residents’ lawsuit is “itself a violation of the Fair Housing Act.”
Murfreesboro already has several homes in city neighborhoods where veterans live in small groups. Now, apparently, group homes for people emerging from drug addiction and alcoholism are allowed. It may be similar to how halfway houses are set up to help citizens escaping addiction problems.
Whatever the case, most people probably don’t realize that addictions are considered disabilities. But the federal law has been that way for years.
Whatever the ultimate ruling, the Copes probably made more off their home by selling to Chou Ho than to most buyers, and I’m sure Jim did his legal research. They sold the 4,828-square-foot house in April for $530,000, even though it appraised with the county for $360,000, documents show. Clearly, the buyer knew she would be able to make a nice chunk on it. After all, the patients are paying $19,500 a month, which is just a tad more than I can afford for rent.
That’s Not Smoke in Your Eyes
Shocking. Well, maybe not so much. Has anyone seen the YouTube video of the former Rutherford County jail inmate who was confined and pepper-sprayed in the face in late 2013. It looks like something out of a Russian gulag.
Anyway, one minute Demario Harris Jr. was being arrested for disorderly conduct and resisting arrest by Murfreesboro police. The next he was being confined and sprayed (at least they were kind enough to put a cover over his face).
Sheriff Robert Arnold said earlier this year that Harris was uncontrollable, kicking and spitting before he was strapped into the seat. The sheriff declined to comment after Harrison filed a federal lawsuit against Arnold and Deputies James Vanderveer and Jessica Leigh Green, claiming he was subject to cruel and unusual punishment, a violation of his constitutional rights.
Harris probably did continue to resist when he was brought to the jail. But here’s the question: Once he was subdued and strapped in, what purpose did it serve to pepper-spray him?
The lawsuit filed by Harris’ Nashville attorneys says even after his release a few days later, he still suffered from blurred vision and pain. He is seeking a total of $300,000 in punitive and compensatory damages against Arnold and the deputies, in addition to attorney fees and court costs.
Incidentally, Vanderveer, who is the sheriff’s nephew, resigned from the sheriff’s office in February 2012, a day before he was charged with DUI. The sheriff later rehired him.
Next thing you know, he’s pulling out pepper spray.
A few years ago, a jail inmate died while being subdued, including pepper-sprayed and possibly hit with a Taser. That was a disaster.
So what do you do? On the one hand, an unruly suspect has to be contained. But once under control, should he be punished? Seriously, the video looks like something from a Third World country, not our beloved 940 New Salem. Or is it?
On a Brighter Note
2014 marked my first contributions to the Pulse. I enjoy the journalistic give-and-take with Publisher Bracken Mayo and look forward to writing many more columns. There appears to be no end to odd and interesting news around here.
