Friday, April 17, 2009

A GOOD CITIZEN, JUST DOING HIS JOB, GETS WHACKED IN THE SIDE OF THE HAID

A bright fellow named Daniel Bastean writes a lot of letters to the editor. Many of them are founded on documented facts and are very thought-provoking. His input provides a valuable service in shaping views on national issues and local views as well. I don't think I'm acquainted with him but I'm interested in his views.

Yesterday, however, he stepped on some of his own body parts.

He wrote a letter to the editor suggesting that an ASA who is also a school board member was:

A) in incompatible positions

B) had somehow played a role in convincing the SA to write a request for an AG Opinion about whether a County Board Member/School Board member was holding incompatible positions.

If Mr. Bastean had evidence of (B) above, I'm sure he would have marshalled it. If he's making allegations based upon assumptions, I respectfully suggest he say so. It's a pretty serious allegation to be making with no evidence.

But I'm more interested in (A) above. A County Board member would vote on putting referenda on the ballot, would vote on contracts which might come up with School Boards and might even vote on Sales Tax diversions for schoo purposes. A county board member might vote on Support services for schools from the Sheriff's office.

An Assistant State's Attorney has decisional power over none of that. An ASA works on the files he or she is assigned. Once assigned the ASA has a duty to exercise independent judgment to follow the law and obtain a lawful outcome. The ASA never has any decisional authority over any of the votes listed in the preceding paragraph.

In other words, the two offices could not be more different. So, to suggest the County Board/School Board Member and the ASA/School Board Member stand in the same shoes relative to compatability is just absurd on its face.

Bloghost Note: Please grasp that this is not a post about the SA's decision to ask for the AGO, the timing of that decision, the merits of the possible incompatibility or the character/Effectiveness of the School Board Member/County Board Member. I have no interest in hosting a pelfing session about "BN's a good guy/bad guy" or "BN shouldn't be on both board's" or even the SA's motives.

2 Comments:

At 3:25 PM, April 18, 2009, Blogger observer said...

I seldom agree with Mr. Bastean, but this time he has a point. I don't know if the ASA had any influence over the SA, nor do I care, but if the SA thinks BN is wrong now, why wasn't he (Bud) wrong last year, or the year before, or the year before that?

Timing is everything, and this timing seems a bit suspicious.

 
At 8:50 AM, April 19, 2009, Blogger UMRBlog said...

Exactly the point I wasn't interested in discussing.

Comparing the ASA to a County Board Member is the indefensible part of Mr. Bastean's letter.

I seem to have more interest in and respect for Mr. Bastean's thoughts than you do. Have to admit, he provokes thought and usually constructs his arguments well. Here, I think his construction has failed him and he painted with too broad a brush.

TYFCB

 

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