Tax payer dollars & B.S. Budgets
Bids accepted are not bids fulfilled, insofar as the accepted cost of a project or lack of transparency and justification for "cost overruns." During my 2020 campaign for mayor, I pointed out how comfortable then council member, and now Mayor Rick Bell was with an accepted $80,475.00 higher bid for a city project, when the official City Charter demands the lowest and best bid.
During a February 2021 City Council meeting, a council member broached the uncomfortable subject of cost overruns, in this case, a 60% difference on the updating of the former Lebanon Police station, to be converted for use by the Public Works department. The remaining council members and Mayor Bell offered no supporting challenges in concert with the lone council member questioning the frequency of project cost overruns.
NOTE: A cost overrun exceeding $1,100,000.00 was reported for the new Lebanon Police Department Building, completed in July 2020, during the Mayor Bernie Ash administration.
DeMoor Solution: During the bidding process, I propose only itemized bids, including material description and costs with notations (of) whether bidder has contracted price commitments from their suppliers, including cost expiration date(s). Copies of supplier contract agreements with contractor detailing material costs and deadline must be included with accepted bids.
No “built-in” cost overrun allowances. The number of crew members needed to complete the project, along with labor hours projected*
*If it becomes necessary to create estimated hours and number of crew members needed to complete designated tasks, then a reasonable estimate of the aforementioned, together with input from industry professionals may be in order, as a miens of uniform bidding components, going forward.
Every design “change order” and budget amendments must be accompanied by a detailed explanation from the architect, under penalty of breach of contract.
*I continue to fight the blatant disregard for the city charter, Lebanon city government continues to have. See my battle page designated: City Property Violations
More U.S. Constitution, Less Whining.
As a nation, I lament we pay too much attention to whiners and complainers, and not enough attention to our U.S. Constitution. With every argument, if we immediately ponder whether the subject at hand is or is not within the Constitution, such as, is this free speech, freedom of the press, freedom to own weapons, etc., I dare say a great portion of arguing would become useless, if outside the Constitution, except to those wanting to control the ignorant to do their bidding. Oh, wait, did I just identify the problem?
September 2, 2020
Legal Peaceful Protest
Course of Action by John DeMoor
Make sure your protest is anchored within the U.S. Constitution, against the unlawful act(s) of those swearing an oath to uphold it; this should be the linchpin of your argument.
Authority to Act or Not
Some claim state's rights: 10th Amendment ~the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
However, Article 1, section 8, clause 3 of the Constitution states, Congress shall regulate commerce, which in the case of the Covid-19 virus panic, it did not do, yet retains the authority. In addition, because of the 14th Amendment, equal treatment in the laws, congress would only have the power to shut down all businesses or none.
Businesses: State & Local officials have no constitutional authority to close or restrict businesses, nor order businesses to regulate actions by customers.
Masks: The constitution does not mention whether or not the states may order certain garments be worn during a state of emergency, and therefore, under the 10th Amendment, states can mandate safety precautions.
However, under the 14th Amendment-equal treatment in the laws, state and local authorities would have to mandate everyone wear a mask, at all times, or the action is unconstitutional.
In the Constitution, we are bound by "Due Process" procedures. Sometimes, when “liars to their oath of office” want to ignore the U.S. Constitution, they will offer excuses and procedural delays, instead of honoring their oath; these are the ones who should be removed from office, or certainly not reelected.
Side Note: The word, interpret is found nowhere in the U.S. Constitution. Judges and attorneys swear an oath to uphold the law, not interpret it! An opinion by a judge or attorney is not law; only the legislature can make a law.
Candidate for Mayor of Lebanon, TN
(see Home page-tab, on this website)
August 28, 2020
TO: The Editor/The Tennessean
The Virus Noose Gets Tighter
The State of Tennessee is being sued because our Governor Bill Lee authorized certain counties to issue orders allegedly curbing the "Wuhan, China-Corona-Covid-19" pandemic. According to an Associated Press article by Jonathan Mattise, the governor is relying on an opinion by Tennessee Attorney General Herbert Slatery, and testimony from two prominent legal experts, on his emergency powers, as granted by the Tennessee Legislature of yore. Opinion is not law.
The attorney general, and other legal experts argue the governor is covered by state statute, and the Tennessee Constitution. Having studied U.S. and State of Tennessee Constitutional law for some time, I can assert Tennessee politicians, officials, and bureaucrats are, yet again, ignoring their oath of office to uphold the U.S. Constitution.
Article 1, section 8 of the U.S. Constitution specifically reserves to congress, the regulation of commerce. And (1803) Marbury v. Madison set the precedent, and I paraphrase, anything challenging the authority of our U.S. Constitution is null and void. If the lawsuit focused on our U.S. Constitution (supreme set of laws) instead of local legislative fiat, other states inflicted by power hungry politicians will see their appetites curbed as well.
I can make these legal observations because I’m not part of the “machine,” and therefore cannot be ostracized by its mechanics.
Candidate for Mayor of Lebanon, TN.
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