He is his own lawyer .....?

The Harrison County Commissioners have been advertising for a county Administrator. They seek someone who has a degree in Masters of Public Administration and also prefers the candidate to have a law degree.

Why the law degree? Some of the commissioners know arithmetic. The outgoing Administrator had been appointed from the Prosecutor's office. And wasn't it handy that they could exploit his law degree to also provide them with legal advice and to have him draw up legal documents rather than farming out the work to some local law firm or keeping some lawyer around on retainer?

The sense of thrift among the Commissioners is admirable. But when we get through admiring them let's do some analysis and begin by recalling to mind the adage that ends in the phrase, "has a fool for a client".

What is the reason for legal counsel, anyway? The Commissioners need a detached, unbiased legal view on some matters that may be at odds with what an Administrator would like them to hear. The Administrator also needs access to legal advice, even if he, himself, is a lawyer because given the daily flux, chaos, confusion and fog of the job, a dispassionate legal view may provide a much needed pellucid perspective on some hot topics to restore the Administrator's confidence, control and business sense when things seem to be getting beyond his daily reach. There is an honest broker point of view that will be denied to the next Administrator and the Commissioners if they pursue this false economy. Keep in mind that they also want this guy to be a Strategic Planner. When does he do this if he is also the guy in charge overseeing daily events, personnel matters, budget issues, preparing for the next commissioners meeting, and doing his and the commissioners legal work? There is not enough time in the day for the Administrator to get good at anything based upon the criteria of the job announcement. Was there a strategic plan produced from the last person holding the job? The next guy won't be producing one either. Here's an idea for the Commissioners. The Board of Education has legal counsel giving advice which they then promptly ignore. Have the Board of Education loan you their guy.

IF I had a Vote Bridgeport's Doug McKinney would Get It!

The race for the Chairmanship of the State GOP has been heating up. Some Bloggers have been having a field day with who loves Reagan or Lincoln more between the two candidates. The other candidate is the County Chairman of Randolph County, Mark Scott. The GOP meets this weekend in Charleston. Saturday at 6 P.M., we should have an answer.

Big issue for the Republicans is how to pay a large debt that got out of control during the last race for Governor.

Doug's big sin is that he gave a few bucks to some local Democratic candidates. This is WV. Who hasn't? At least he's willing to talk to and influence the other side. Pragmatism and reasonableness should be a virtue.

Jobs in and around C'Burg: Tell your lazy-a*s Friends to Apply

Electrical Worker
Clarksburg	Louis A. Johnson VA Medical Center		07/18/2006 to 08/07/2006
Duties: The incumbent is responsible for installing, modification, troubleshooting, repairing, and the maintenance of all electrical systems and equipments at the Medical Center. This includes the primary and secondary distribution systems, all emergency generators, transfer switches, transformers, high and low voltage switchgear, AC and DC motors, all lighting in the buildings and outside, all battery powered equipment and related battery charges. He/she plans and layouts complete electrical installations using all established codes and ordinance for this locale. He/she will work from bu...
Click here for more information...

Food Service Worker
Clarksburg	Louis A. Johnson VA Medical Center		07/21/2006 to 08/10/2006
Duties: The incumbent serves patients by placing food items on trays on tray assembly line. On tray line works as assembler, beverage server, or loader at any meal, or as a server on milk/juice station at breakfast. Sets up and replenishes serving stations with necessary supplies, food and beverage items, dish ware, and serving utensils. Participates in daily tray line conference to discuss food items and portion sizes. Thoroughly cleans station after each serving period. Reads and comprehends menus, diet cards, and established procedures to serve correct food items and beverages.&nb...
Click here for more information...

Laundry Machine Operator
Clarksburg	Department Of Veterans Affairs		07/21/2006 to 07/28/2006
Duties: Runs laundry machines used for a variety of special purposes. Treats laundry articles with special solvents such as water repellent and flame retardant. Adjusts amounts used for effect of differences in water temperatures, timing cycles and types of fabric. Loads machines based on capacity of equipment, type of laundry treatment and type of fabric. Weighs load. Adjusts loads or equipment for load weights. Operates different types of laundry equipment. Sets a number of machine controls for a variety of cleaning purposes, including laundering, dying, starching, or trea...
Click here for more information...

MEDICAL TECHNICIAN
Clarksburg, WV	Delegated Examining Unit WV		07/19/2006 to 07/27/2006
Duties: Incumbent is responsible for independently performing a variety of difficult and complex laboratory procedures and examinations within various disciplines of clinical laboratory. Additional duties include accessioning of patient specimens into the laboratory information system, instruction of patients in the collection of blood, urine and stool samples, and the collection of blood specimens by venipuncture and/or finger-stick techniques. Testing methodologies are employed by the incumbent within the disciplines of: Chemistry - Protein electroph...
Click here for more information...

ASSISTANT CHIEF, PHARMACY SERVICE
Clarksburg	Department Of Veterans Affairs		07/21/2006 to 07/28/2006
Duties: Assistant Chief, Pharmacy Service for Veteran Clientele.Clarksburg, approximate population of 18,000 citizens, is located at the center of West Virginia’s I-79 High Tech Corridor which is anchored on the north by Morgantown, Home of West Virginia University, a Carnegie Foundation Research Institution Morgantown was recently rated the best small city in America. Other regional high technolo...
Click here for more information...
AUTOPSY ASSISTANT
Clarksburg, WV	Delegated Examining Unit WV		07/21/2006 to 07/31/2006
Duties: The Louis A. Johnson VA Medical Center in Clarksburg, West Virginia is an acute and intermediate secondary care facility offering medical, surgical and psychiatric services. The Center provides a wide range of primary care medical services, including outpatient care, preventive services and acute hospitalization....
Click here for more information...
Autopsy Assistant
Clarksburg	Louis A. Johnson VA Medical Center/05		07/14/2006 to 08/03/2006
Duties: This position is organizationally placed in the Laboratory Department, Diagnostic Services. The incumbent is responsible for assisting the pathologist in the performance of autopsies, and to collect blood specimens from both inpatients and outpatients by venipuncture. The incumbent is expected to cover a weekend rotation.Incumbent performs the full variety of technical autopsy procedures involved in typical autopsy examinations. In addition, he/she typically performs preparatory and miscellaneous duties necessary to the autopsy procedure and maintenance of the autopsy area....
Click here for more information...

County Executive Director
Northern West Virginia	West Virginia State FSA Office		07/17/2006 to 08/04/2006
Duties: Responsible for directing and managing program and administrative operations of the County Farm Service Agency (FSA) Office as required to carry out authorized commodity production, price support, conservation, administration, common program provisions, GIS (geographic Information Systems), SCIMS (Service Center Information management System), compliance, outreach activities, program eligibility and environmental quality, indemnity, disaster, emergency, defense and related programs as well as crop insurance operations under policies established by Risk Management Agency (RMA). Duties include performing offi...

Wolfe: Rahall's vote on Israel a 'slap in the face' Cabell County Sheriff Kim Wolfe, a Republican who faces 15-term incumbent Nick Joe Rahall, a Democrat from Raleigh County, in the fall responded to Rahall's vote on Thursday in the House.

Rahall, one of four Lebanese-American House members, was one of eight members of the House of Representatives to vote against a resolution backing Israel's military drive into Lebanon against the terrorist group Hezbollah.p

The resolution passed 410-8.

Wolfe said southern West Virginians need to bring Rahall to accountability for voting against Thursday's resolution.

Federal Judge in Clarksburg Allows Muslin Couple's Lawsuit to Proceed

---

CLARKSBURG, W.Va. — A federal judge decided on Wednesday that a Muslim couple's civil rights lawsuit may proceed but without two of the four claims. The two remaining counts claim the couple's civil rights and First Amendment right to associate with whomever they choose were violated.

The American Civil Liberties Union filed suit in December 2004 on behalf of Aliakbar and Shahla Afshari, who claim that they were illegally fired from their jobs with the National Institute for Occupational Safety and Health's facility in Morgantown.

The Afsharis, who are Shiite Muslims and natives of Iran, were fired May 5, 2004, because they failed to pass a secret background investigation that was conducted on employees from countries considered a threat to the United States, including Iran, according to the lawsuit. Click on Headline Link for the entire story.

"Our State and Our Votes Are Not For Sale"

That's the message from the WV Democratic Headquarters in their press release. Wonder if they are over-reacting to the desire of Blankenship to fund opposition candidates in the Fall election?

The plan: Get a plane; make a 5 city stop around the state; get a motivational speaker to say the state is not for sale; this results in an aroused and high motivated populus to take the party to Victory in the general election.

Nick Casey, I take it, is a motivational speaker. Don't know him. Others might have drawn a larger crowd. They should have got Jay Rockefeller as speaker. He has convinced many West Virginians that the State is not For Sale. Or, Alan B. Mollohan could provide some insight into the way money may corrupt politics. (I don't recall if the Manchin family is better off than I - Ok, they live in a better house). There are lessons to be learned; both by the would-be-teachers as well as the prospective students. So, come out to the airport Thursday at noon and have some fun. Oh, and if you have any Warner Sallmans' around ... take a portrait with you to Bridgeport so everyone will know that God has adopted your cause.

FOR IMMEDIATE RELEASE July 18, 2006 Contact Nick Casey: 304-345-2000 (Charleston) Democratic Party Chairman Nick Casey announced that he will launch a 5 city fly-around tour to show Don Blankenship that our state and our votes are not for sale. Chairman Casey announced the tour following published remarks by Don Blankenship promising to spend millions or "whatever it takes" to defeat legislators that he doesn't like. The tour has three main purposes according to Chairman Casey. "We'll be delivering post cards at each stop so that West Virginians of all parties can send a message directly to Don Blankenship," said Casey. "That message is simply, you can't by our votes, our integrity or our legislators. West Virginia is not for sale, Don." "Second, we'll be delivering a little 'truth serum' as the antidote for Mr. Blankenship's distortions and misrepresentations about members of the legislature." "And finally, since many people don't know much about who Mr. Blankenship is or what he stands for, we'll be letting people know who the real Don Blankenship is," said Chairman Casey. For example, "In October of 2004, in response to criticism that he was using the plight of poor hungry children to advance his political causes, Mr. Blankenship said "he will start a foundation also called 'And for the Sake of the Kids' to 'provide needed clothing and other necessities to the most needy children of West Virginia.' (Charleston Gazette, October 15, 2004). In that article he pledged to raise an amount 'similar' to what he spent in the 2004 election. At last count that was about $3.1 million," said Casey. "Our question to Dan Blankenship is simple. Where you serious about that pledge or did you just use the image of suffering children to advance your political empire?" said Casey. "If hungry children can't take Don Blankenship at his word," said Casey, how can we? The tour schedule is as follows: Martinsburg 10:00 413 South Raleigh Street Clarksburg 12:15 Clarksburg Airport Wheeling 2:00 Independence Hall Beckley 4:15 Beckley Airport Charleston 5:15 Capital Steps Where: KCI Aviation at the Harrison Marion Airport 2100 Aviation Way Bridgeport, WV (Enter at the first blue building on the left at the sign that reads "Learn Flying Here") WHY: Because WEST VIRGINIA IS NOT FOR SALE

No Lack of Case Law as it Applies to Government Employees

Is there a lack of case law on the rights of government employees with respect to the First Amendment? Mike Queen says on the Tim Brady Show this morning that there is a lack of case law. He heard it from the organization's lawyers who are offering to argue the Board's position in Sklar v Harrison County (read it here) for "free". Aside from the agenda that these organizations have, one wonders about their understanding of case law.

There is a complimentary and inverse relationship between the rights of the individual and the claimed rights of government employees acting in an official capacity. As the individual rights are enumerated in case law it implicitly limits the claimed rights (privileges) of the government employee who would otherwise interfere with the exercise of that individual's rights.

In other words, if the court says that I have a constitutional right, then it also means that you, as employed by the government, do not have a privilege to violate that right. The balance shifted. The individual's rights increased. The claimed rights of the government were diminished. So, for instance, if I have a right as a parent to provide religious guidance to my child, you, as the local government manager in a school, do not have the privilege of doing an end run around my religious preference to impose your personal view on my child.

Clinton says he would have died for Israel

WASHINGTON: Former US President Bill Clinton who many Arab thoughts was more even-handed on the Palestine question than his predecessors shocked many when he asserted in Toronto last week that had Israel been attacked by Iraq or Iran during his presidency, he would have been ready to “grab a rifle, get in a ditch and fight and die.” “The Israelis know that if the Iraqi or the Iranian army came across the Jordan River, I would personally grab a rifle, get in a ditch, and fight and die,” Clinton told the crowd at a fund-raising event for a Toronto Jewish charity Monday.

Old Bill is shocking a lot of us. Where was he in '67 - '72? Turns out that Bill always wanted to be a veteran - just not of the US Army.

French Plan to Save Earth

Thank You, Lord! I'll be able to sleep tonight!

Ain't Science Wonderful?

In a new study, 13 mothers were asked to sniff soiled diapers belonging to both their own child and others from an unrelated baby. The women consistently ranked the smell of their own child's feces as less revolting than that of other babies.

But, on the other hand, isn't this the same thing we do with our politicians? You think yours is OK and it is the other guy's politician who stinks.

Senator Byrd gets another Honor and Plaque after securing $3.6M to refurbish the B&O Martinsburg Railroad Center.

The Senator's Greatness is compared to Cicero, Daniel Webster and Sir Thomas Moore. Thankfully, someone read the First Amendment just before he arrived and an exaggerated comparison with the deity was avoided.

What's Jim Hunt Ashamed of?

Ever since Jim became the president of the National League of Cities he's been saying it's not about him, it's all about the City of Clarksburg and Harrison County. It is the tradition of past presidents of the NLC to hold the summer conference in their home town.

Is Jim holding his conference in his home town? NO. Is he holding it in Harrison County? NO. Where's he holding it? Southern Lewis County!!

President Jim's theme for the year is "Inclusive Communities". Hey! How about "INCLUDING" your home County and City? Jim, have you ever heard of the Greater Clarksburg Convention and Visitor's Bureau? Use them! Why haven't they set this whole package up? Should we guess that you think it is not a good idea to show off the town that you have helped govern for over 20 years?

But here's Jim's clever idea. Flood the city streets with city equipment for an hour and half on Friday night. Bus the attendees into Clarksburg to look at equipment and then drive them back out to Stonewall Jackson.

Do you think they'll notice that we are all white people? What about the inclusiveness piece that Jim thinks will make him famous? Oops! The minority community of Harrison County is only about 2%. They are easy to include if you can find them. It is unclear if any will be bussed in Friday to serve as a backdrop to Jim's international self-made claim to fame.

Blankenship Launches new effort to Target Legislators this Election

Article in the Charleston Daily Mail.

Help Wanted

Raese fires second campaign manager

Tom Hamm, Raese’s campaign manager since May, was told to turn in his keys and campaign credit card and leave the campaign’s downtown Charleston headquarters Tuesday.

Just when we thought it was about the Constitution we realize it is just about Mike Queen

Ol' Mike sends out an email on July 2 to his many score of closest friends and supporters, including members of an Marshall Alum organization and representatives of the media. The subject line is, "Update on the ACLU & the Portrait of Jesus". The local newspaper and TV station picks up Mike's argument and quotes from his email liberally over the next couple of days. Anyone interested in the subject would have received adequate exposure to Queen's argument that the issue is really about the rights of government employees.

But that isn't enough for Mike. Ten days later he morphs his email into an article in the Charleston Daily Mail with his own byline. Mike asserts that this matter of the Portrait of Christ hanging in the school is not a matter for the Board of Education but it is rather a matter for the Courts to decide. Given Mike's belief, one might wonder why he is on a publicity campaign to accomplish in the media what he abdicates as a member of the Board and claims is a Federal Judiciary responsibility. Namely, to set personnel policy for goverment school employees.

Queen writes,

The real question that needs to be answered is what limitations need to be in place for school employees (principals, teachers, counselors and school service personnel) to be able to freely express themselves without doing so at the expense of the rights of others.

That question needs to be answered, and the rights of our school employees need to be clearly defined by the court system -- not by the Harrison County Board of Education, and certainly not by the ACLU.

Mike continues towards the end of the email ...

The Harrison County Board of Education needs to look to the court system to establish guidelines to protect the rights of 1,200 local employees and more than 30,000 school employees throughout West Virginia.

Here's a problem. The law suit against the school board has nothing to do with what Mike Queen decides the lawsuit is about. Or, what he can convince the general population of what he would like the law suit to be about. The law suit is about the specific complaints in this; Harold Sklar & Jacqueline McKenzie v. Board of Education of the County of Harrison; Carl Friebel Jr., and Lindy Bennett.

The purpose of the court is to vindicate the assertion of an individual's rights, not to set a broad personnel management policy for the Board of Education.

Queen's article sets out all kinds of hypotheticals that will go unaddressed because they are irrelevant to the complaint before the court. Queen thinks this will turn into a case about 'wearing a crucifix', or a St. Christopher's statue on a dashboard or Congress opening a session with a prayer. Queen's reasoning is sophomoric. A reasonable and reflective new member to the board should take advantage of the Boards pre-paid legal counsel and get a tutorial. But Mike is having too much fun promoting himself as a champion of a cause that he believes as a member of an impotent Board of Education he cannot decide. If Queen really thought this should be in the hands of the court he ought to sit down, be quiet, and see if he can learn something. On the other hand ...

< Perhaps, like George Wallace standing in the schoolhouse door, Queen sees his popularity enhanced by his defiance of the Constitution for cheap political gain. Ask him.

Taken unashamedly from Don Surber's Blog Also see great photos from Tom Hindman

Taken unashamedly from Don Surber's Blog Also see great photos from Tom Hindman

Why the ACLU wins in court

Photo by Tom Hindman. For 10 years, Harold Sklar, an attorney for the FBI, has politely asked officials to remove the portrait of Jesus from the hallway of Bridgeport High. I blogged about it in March. Finally, this week, the ACLU and another group have sued to get it taken down. Why does the ACLU win so many cases? Take a good look at that picture. Public officials are too pig-headed, that's why.

Congratulations to Mike Queen

Yesterday he began his term of office as a member of the Harrison County Board of Education. Mike needs all the help and support we can give him.

Let's help by providing him the background on the First Amendment to the U.S Constitution as it relates to religion and public schools. Here is a 1999 letter from the head of the U.S. Department of Education written to Principals.

Mike should read this and understand the full freedoms available to all students and the restrictions on government. And let's not forget, Mike, that you is now that government. This letter was approved by Bill Clinton and Al Gore.

This letter is also reflective of Federal law which is why your pursuit of more arbitrary local government power in matters of religion in the life of Harrison County children is going to be an expensive embarrassing failure.

Feel free to distribute this to all school personnel. The Government wants you to know your limitations. Government Letter

Just when you wanted to (in your own Christian sort of way) Hate the ACLU ...

ACLU of New Jersey Defends Second Grader's Right to Sing Religious Songs NEWARK, NJ -- The American Civil Liberties Union of New Jersey today filed a friend-of-the-court brief in a case seeking to uphold an elementary school student's right to religious expression.

The Frenchtown Elementary School student, whose initials are O.T., wanted to sing the song "Awesome God" in a voluntary, after-school talent show. School officials refused to allow the student to sing her song, saying it would give the impression that the school favored religion. “O.T.” remains anonymous to protect her privacy.

"There is a distinction between religious expression initiated or endorsed by school personnel, and speech initiated by individual students," said ACLU of New Jersey cooperating attorney Jennifer Klear of Drinker, Biddle & Reath in New York. "The Constitution protects a student's individual right to express herself, including religious expression."

In its brief, the ACLU argued that no reasonable observer would have believed that the school endorsed the religious message behind the student's song, and that the school therefore had no right to deny her choice of song.

The talent show was open for anyone from the 1st through 8th grades who wished to play a solo instrument, dance, perform a skit or sing karaoke. Students were permitted to select their own songs or skits.

"We are dedicated to protecting the right of individual religious expression," said ACLU of New Jersey Legal Director Ed Barocas. "O.T. has our full support in defense of her right to sing a religious song in the talent show."

The ACLU of New Jersey has participated in other cases involving the right of individual religious expression, including recently helping to ensure that jurors are not removed from jury pools for wearing religious clothing and that prisoners are able to obtain religious literature.

The case, O.T. v. Frenchtown Elementary School, was filed in federal court in Trenton.

For more information on the ACLU’s defense of religious expression, go to www.aclu.org/religion

Is Mike Queen educable? Is there any chance that Mike Queen can tell the difference between the above situation and the example set in Bridgeport High School where the government employee determined what religious object of veneration would be displayed? Reaser and Bennett could NOT tell the difference. Gray doesn't care to comment. Carl Friebel doesn't seem to have the management interest to discipline his principals who deviate from the law. Or he is ignorant of the law and should be held accountable for not having solved this long ago within the central ofice without leading us into an expensive legal wrangle.

When the government representative (principal) makes the religious determination it is wrong. Government run Public schools must be neutral in matters of religion.

Does this come out to a 50 cent Tax on every 10 pounds of explosives?

Ok, the proposal was defeated as if the end of the world was near. The mining industry wins. Percentage wise, you still pay more taxes on your food and autos than the mining industry pays on their purchases. Dems and Republicans both come to industry defense in game of who loves mining more. Mollohan lauded; Wakim excoriated after his campaign manager confuses vote. Someone ought to be paying the user fees for the BTAF to administer laws concerning explosives. Both candidates agree it should be you the public and not the mining industry.