The Spokane Record

The sad news in Spokane these past few days has been news about the innocent killing of a pastor - green-houseman one evening in the Spokane Valley.  A young sheriff’s deputy was on patrol in an unmarked car looking for prowlers.  He parked in the parking lot of pastor’s green-house.  The pastor came out to investigate — he must have been thinking there was a prowler.  Shortly thereafter, there was a death.  The owner - pastor was dead.  No one knows why.   The shot(s) which killed him were from the gun of the sheriff’s deputy.

The next day (why not that night) The deputy could not come in and explain because he already had planned a vacation.   He did not want to miss it.   The sheriff had approved the vacation ahead of time (ahead of death of the pastor — green-houseman?).  The sheriff did not press the point.

The whole town wants to know what happened. 

Now, the whole town also wants to know why a vacation has more meaning than the need to deal with the tragedy.  That the vacation has taken  precedence over the need to deal with, understand, respect and revere, the tragedy of the event, is more than the human mind can bear.  That the vacation is more important than the need to immediately explain why a beloved soul lost his life is beyond comprehension.  It is more than the human mind can understand.

No doubt there is a tragedy here.  But, now there is the freightening notion that police officials take their jobs so objectively, so clinically, that a vacation is more important than the need for the community to understand and come to terms with the reality of what has happened.

One senses there is a dark movement taking place these days in the evolution of our community.  I wish it were that I that I am wrong.  But, I think not.

Who would take a vacation when he had just been involved in the death of another human being?  When the bullet(s) from his gun had caused the death of an innocent soul!  My Lord, what are we coming to!

I drive south on Highway 195 most every day.  As I pass the its intersection at the Cheney-Spokane Road I notice that more and more tributes and remembrances are being placed at the intersection where a 16 year old girl was killed in an auto accident several months ago.  Every time I pass by I think how sad and how senseless her death was.  It probably would not have happened had government been more wise about controlling traffic at the intersection.  It probably would not have happened had government been more cautious.  It probably would not have happened if one or two people in government  stood up and said something, said what needed to be done to better to protect people driving vehicles at the intersection. 

The intersection controls, the way the intersection was managed, was a product of the thinking of people who act as members of groups within government.  Had one or more members of the groups expressed concern and had stood up for the concern expressed, the young lady would probably be alive today.

Yesterday, for the very first time in the years I have travelled through the intersection I saw a police officer checking the speed of the northbound traffic with a radar gun.  That’s something I thought.  But why is the speed limit 55 mph at the intersection?  Why does government require that speed when it would be more reasonable for all concerned to reduce it to protect all the people who use the intersection? Why? 

What motivates people who are making the decisions?  I suspect it is the notion of the group, the “we”, the collective mind, over the notion of the individual mind, over the notion of elemental good sense. It is as if the we has a right to be unreasonable.  It is the notion that the we has a right to act such that some affected by the decision are to unnecessarily suffer.  It is as if there is a sort of ongoing government condemnation, a taking, which operates within the force of the government which is controlled by a certain government party mindset.  And then I ask, who is this government party?  Is there something the people who are in the groups who control the government have in common with one another?  I suspect one common element is that these people do not speak for themselves very often and pretty much yield to the mindset of the group when they do – they are not courageous.

Not long ago, the Spokane Park Department acquired more real estate on the north bank of the Spokane River for the expansion of Riverfront Park.

There are discussions taking place regarding the use of this land. A science museum organization, Mobius, wants to use some of the land for a science center. Mobius also wants the Park department to make parkland available to it so that it can construct and operate private office buildings and parking lots. The argument is that they need this gift of land so that for-profit operations can be constructed and so that from the for-profit operations they will be able to pay build and operated their science center.

There is nothing wrong with the Park department leasing land to an entity which will conduct a park purpose or park use on the land. The Mobius science center would be a permissible park land use. The problem has to do with the lease of land for the for-profit operations. This is where things go wrong — two things go wrong.

Number one, the lease presumably for a dollar a year of this for-profit operation would be considered a violation of Washington Constitution Art. VIII, Section 7. This constitutional provision says that city governments are not supposed to use public funds for private purposes and that they are not supposed to make gifts of public funds, or loan public assets for private purposes, or extend credit of the public for private purposes. Here is the exact language:

SECTION 7 CREDIT NOT TO BE LOANED. No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation.

In the early 1990’s Spokane Transit Authority wanted to create a downtown transit center in a 16 story office building. Its plan was to pre-pay a lease by several millions of dollars it was going to enter into with the developer of a 16 story office building for a transit center on part of the main floor. Litigation was brought By Spokane Research and Defense Fund saying that the transaction could not be entered into because it would be a violation of Washington Constitution Art. VIII, Section 7. The Washington State Attorney General agreed. The AG intervened on the side of Spokane Research and Defense Fund. The developer and STA abandoned the plan.

So, it would seem that use of the land for the private for-profit aspect would be a gift of public funds or a lending of credit in the form of lending the use of these valuable assets of the land for the private for-profit aspect. Despite the Seattle Mariners case what the Spokane Park department seeks to do regarding Mobius would, one would think, still be a violation of Art. VIII, Section 7.

The second reason why the Mobius plan should not be workable (is unworkable) is that the property to be leased for the private office building and private parking area is not going to be used for park purposes. Spokane City Charter Section 48clearly provides that all park property is to be used for park purposes, park uses. Putting the property in question in the hands of Mobius for a profit-making private operation would be in violation of the charter.

The Mobius deal as proposed is illegal.

The Washington state Office of Financial Managment has some useful information regarding the economic impacts of Fairchild Air Force Base in Airway Hights, Washington (a few miles west of Spokane).  Go here.

Today I did some shopping. I went to a bookstore and bought some books. I paid $59.99 for the books and in addition I paid a sales tax of 8.7% or $5.22. We are used to paying sales taxes in the state of Washington. I was struck by the amount, though. These days I am on a fixed income so I am watching my expenditures.

Next, I went to the grocery store and bought some food — some buns, dog bones, potatoes, sausage – and I got a bag refund of five cents. My bill was $17.47. No taxes, no sales taxes were due. Food is a necessity. People have to have food so there is no tax, at least in Washington and at least for now.

But then walking home from the store I got to thinking. Thinking about taxes – this is where it all fell apart.

I remembered that the city of Spokane, where I live, is going to significantly increase fees for sewer services. My guess is that the cost of my sewer services will go up by about $20 a month. But that’s not the whole of it. My city taxes are also going to go up – up by $5.00.

The city charges a utility tax on sewer services. The tax is $.20 on the dollar. However, since the city also charges a tax on that tax, and then a tax that tax, and then pay tax on that tax, the tax is really $.25 on the dollar. The calls this “grossing up the tax.” The utility tax, really a sales tax, is a 25% sales tax.

How does the city get away with this? It balances its budget by taxing city utility services as high as it possibly can do so without creating a revolution. Right now, my fellow citizens in the city of Spokane must be content to pay the city of Spokane a sales tax of $.25 on the dollar for all city utility services.

When I think of it, I can hardly believe it. What a generous group of people we are – probably half of us would be called poor. I would estimate that over 40% of the 81,000 households in the city of Spokane have an annual income of $35,000 or less. About 22% have incomes of less than $24,000 a year.  We can afford the new expenses, the new taxes, I guess.  Go here.

Recently, I received an email from Larry Shook addressed to Chad  at Envision Spokane and sent to an odd grouping of people.  Here is the message and the grouping:

From: Larry Shook <lwshook@gmail.com>
Date: Thu, Sep 24, 2009 at 11:53 AM
Subject: Re: Strengthening Our Economy - Yes on Proposition 4
To: chad@envisionspokane.org
Cc: Stacey Cowles <staceyc@spokesman.com>, “Verner, Mary” <MVerner@spokanecity.org>, CityCouncil@spokanecity.org, Anne Kirkpatrick <akirkpatrick@spokanepolice.org>, “Knezovich, Ozzie” <oknezovich@spokanesheriff.org>, Katherine Shook <flippybat@gmail.com>, Jim Camden <jimc@spokesman.com>, Jonathan Brunt <jonathanb@spokesman.com>, Ted McGregor <tedm@inlander.com>, Kevin Taylor <kevin@inlander.com>, Gary Graham <GaryG@spokesman.com>, “Geranios, Nick K.” <ngeranios@ap.org>

Hi, Chad: Thanks for sharing this with me. I deeply admire your enthusiasm for and commitment to this project. I also respect your sincere desire to serve the public interest. Unfortunately, as I have mentioned to you, Envision Spokane is not compelling to me because of what I consider to be the deep denial built into it. For a group of Spokanites, particularly a group with important support from the Center for Justice, to idealize about the potential to “revolutionize” Spokane while pretending that the community’s structural public corruption does not exist is simply an exercise in building castles in the sky, in my opinion. I think that reporting at www.camasmagazine.com and www.girlfromhotsprings.com makes this clear. Throughout her nine-year tenure, former Spokane City Councilwoman Cherie Rodgers warned that Spokane’s public corruption represented a form of civic cancer. (Please see “Judge Guy Meets Cherie Rodgers” at www.camasmagazine.com) An important source of this civic cancer is Spokane’s publishing dynasty, the Cowles family. (Please see “All In the Family” at www.camasmagazine.com). This cancer turned deadly on April 8, 2006, when a woman perished in the downtown parking garage built and maintained as a result of this cancer. (Please see “Death by Parking” and “Deathtrap” at www.girlfromhotsprings.com.) As you know, two highly credentialed retired law enforcement professionals have been frustrated in their pursuit of justice in the matter of the victim’s death (See “Deathtrap”) while government at all levels has ignored the staggering evidence they presented that Spokane’s public corruption was the cause of what they allege was First-Degree Manslaughter under Washington State Law. In view of these circumstances, I’m afraid that enthusiasts for Envision Spokane remind me of a smoker dying of lung cancer, or an alcoholic destroying his life, daydreaming of a bright future but refusing to give up the poisons that are killing him. I wish this were an unfair comparison, but in view of the evidence of Spokane’s public corruption and that the River Park Square parking garage may well remain a serious public safety hazard, I don’t think it is. At this moment, Spokane has a mayor who was directly implicated in settling the RPS securities fraud case in a way that let the beneficiary of that fraud, the RPS developer go, while saddling Spokane’s citizens with the devastating cost of the fraud. It’s worth noting that this settlement flabbergasted both the bondholder attorney whom the city ostensibly hired to protect Spokane’s citizens and the city’f first RPS special counsel.  (Please see “A New RPS Fraud?” at www.camasmagazine.com.) I take no pleasure in saying these things. I love Spokane and long for it to fulfill its potential. I just don’t think that’s possible until the community faces the truth not just about its public corruption but about its own tolerance of that corruption. I invite those who doubt the validity of this conclusion to study the hundreds of thousands of words of unrefuted reporting, some of it the recipient of national commendations, on the Web sites cited above. Those wishing to truly envision a better future for Spokane might wish to study Daniel Goleman’s “Vital Lies, Simple Truths: The Psychology of Self-Deception.” N.B. chapters five and six, “The Collective Self” and “The Construction of Social Reality.” Pay particular attention to such findings as “how members of a group come to share a unified fantasy life…” p.163.

Sincerely, Larry Shook

At some point I may have some comments about this message and the thrust of Mr. Shook’s thoughts.  My first thought is that there are no real villians in Spokane except “us’”  As Pogo said, “We have met the enemy and he is us.”

Another thought I have about Mr. Shook’s piece and that has to do with how one goes about creating a messianic movement.  First, you create a scapegoat and then you instill angst and vigor and blood lust in “the folk.”  Next you keep talking about the two and in time the disenfranchised and the greatly discontented will rise up.  Eric Hoffer, The True Believer (1951); Sigmund Freud, Civilization and Its Discontents (1929); and others I recall from reading the history of Europe in the 30’s and 40’s.

I have said before one of the reasons why Mayor Verner should take action to ensure that the people of the Spokane Police Department do not over react has to do with the city budget.  Here is yet another example of the difficulty which might arise from over-zealous policing.  Seattle-Times, Stanwood Man, Everett WA .

Obviously, police should only use  proper and reasonable levels of force in doing their work.  Obviously, these matters are matters of constitutional importance and importance regarding the ultimate security of the community.  But there is yet a side to the debate and the issues which even the most hardened of hearts must consider and that has to do with the impact of over zealousness on the city budget.

I am not sure to what extent the city is self-insuring these days, but I think it is  or could be up to $500,000.  Even so, with the increased claims the premium for insurance over this amount will go up.  At least, one would expect so.  Insurance companies are not charitable organizations.

The turn off lane at Highway 195 (going south) and the Cheney-Spokane Road is now in operation.  It is a vast improvement and will enhance the safety at the intersection considerably.  The speed limit at the intersection should still be lowered but this improvement is a real benefit.   People will be able to see oncoming traffic (traffic moving south) because the right hand turn lane over Hwy 195 is no more.  Thus, the risk of intersection collision is greatly reduced it would seem.  Kudos to the Washington State Department of Transportation.

Mayor Verner is finally coming out with detail regarding the city budget. Her deadline for the proposed budget is a couple of weeks away. She is out speaking about the budget at various city venues. KXLY.

We have elections for three council positions but so far not one candidate has addressed the problems of the city budget. If a candidate says anything it is fluff like belief in a good budget or something about as compelling.

The mayor says she is $7 million short. She probably has to pare the budget by about 5%. There are about 2,200 city employees.

City employees get all of their health care paid for. The city insurance employee plans include medical, dental and eye care. I would estimate that for a single person without children this runs about $750 per month. For a person with, children about $1,200 per month. A person with a partner and children, one’s own and one’s stepchildren, the cost could be well in excess of $2,500 per month. Let us say the average amount per month is $1,100 per employee. That’s $13,200 per year. Given there are about 2,200 employees the city’s health care costs total $29 million per year.

I do not know how many of these employees are employed under general fund expenditures – that is the budget the mayor is talking about. Clearly, a major portion of the general fund budget could be reduced by a lowering of the health insurance benefits packages for employees.

But there is a problem with this. That would mean that the employees of the non-general fund employment units, the various utility departments, would be paid more. They would be paid more because the city has not budget constraints as to them. There are no problems regarding the budgets for the utility departments of the city – garbage, water, sewer. All the city does is to up the rates of service to meet the demand. Oh, have to tell you, the rate once upped includes what in effect is a sales tax of 25% on the amount the people pay for the services.

The mayor and council, to balance the budget of the general fund will probably up the utility tax rate to an even higher amount.

There is something more about the police department and excessive force.

 In these cases the police officer may be vindicated but there are other cases which will be brought and these will be against the city.  These will be for damages for the officer’s use of excessive force.  If the mayor does not act to rein in excessive force the city budget will suffer and suffer greatly.  The mayor has to act.