Lee Terry Is A Tool

Seriously, what other explanation is there for Lee Terry's proposed legislation to force Obama's Administration to make a decision by November 1st on whether or not they will allow the Keystone XL as currently proposed to go forward (they've already stated that they will make a decision by the end of the year).  Keep this in mind next November- time to get this clown out of office.  He's done nothing since taking office, and that was a lot better than this worthless idea. 

I'm a Criminal

I have a confession to make. I am a criminal. Let me explain. While traversing the internet the other day I came across this website that has a summary of the gambling laws of all 50 states. I'd been wondering for sometime about the law here in Nebraska so I found this interesting and thought I would share it with my fellow citizens of this morally upstanding state. What I've specifically wanted to know regarding our gambling laws is whether it might actually be illegal to play a social game of poker here in Nebraska and to my disappointment it is. A social game of poker is basically one where there is not a host who makes any kind of fee for hosting the game. What this means is that the monthly game I play in with my colleagues from work with a measly $10 buy-in per game is illegal. To me this is utterly ridiculous. Now I am sure convictions under this law are exceedingly rare, but just the idea that our government can arbitrarily make me a criminal for something some moralizing assholes don’t approve of is infuriating. Of course, the irony is that lottery and keno are legal in this state. So naturally, games that the state profits from are legal but games where they do not profit from are not. If someone can offer me a rational justification for this I’d love to hear it. Anyway, just thought I’d share this information in case anyone else plays a little poker with friends from time to time. What you are doing is a misdemeanor. Take care not to get caught.

More on the Keystone XL

Keeping in mind that the professor, John Stansbury, who conducted this study is likely a Communist, liberal, tree hugging, anti-American that hates America, the World-Herald published an article today that really is a must read if you'd like to have a take on the proposed Keystone XL pipeline by someone who doesn't work for TransCanada, an ad agency, or who could be influenced by political donations.

I personally have a hard time taking this company, TransCanada, at it's word that our aquifer will be "safe" if their pipeline goes through.  Keep in mind that the company itself estimates there will be  eleven "significant" spills during the 50 years of it's useful life.  When it comes to drinking water and irrigation, I'm inclined to think that's eleven too many- especially when we can find a way to route this thing elsewhere, where it doesn't cross over the Aquifer.  Money is nice, but it's pretty tough to drink it from what I can tell.  Anyone who thinks gold is our most precious resource has never been thirsty I guess. 

As far as using the worst-case scenario as a method of analysis, the flood taking place right now is pushing the Fort Calhoun Nuclear Plant to it's limits, a plant that was designed to withstand what most experts believed to be the worst-case.  No reason at all we shouldn't hold this pipeline to a similar standard.    

My Take On Robert Nelson's Lame Column On Pot

I’ve wanted to respond to Robert Nelson’s ludicrous column on the pot legalization petition ever since I read it on Wednesday. I don't normally have a problem with Robert Nelson, he's a perfectly fine columnist, but his take on the petition drive displayed a lot of what is wrong with the marijuana prohibition crowd. I'm just going to dig right in and cover the issues that I had with this column. The first thing that irked me about his article was his dismissal of the petition drive so early in the process. I know he was forcing this idea so he could use it as a framework to make some lame jokes about how potheads are unmotivated slackers, but still, only a few days into a petition drive that has nearly a year to gather signatures, it’s a little early to write the whole thing off. In fact, while Nelson couldn’t seem to find a petition anywhere he looked, I attended the concert and fireworks celebration at Memorial Park on July 1st, and lo and behold, a young man was walking around with one of the pot petitions gathering signatures left and right, so they are out there. (Needless to say my co-blogger and I took advantage of this opportunity to sign our names to the petition.

Nelson goes on to make the comparison between alcohol and pot which can hardly be avoided when discussing marijuana prohibition. To me the fact that alcohol is legal while pot is not shows how egregiously hypocritical our government can be. Strangely, Nelson seems to cede the point that alcohol is, in his own words, “more damaging than pot,” but because stoners can be “dangerously stupid” while high, it still makes sense to him that pot be illegal while alcohol is not. I really can’t follow his logic here. Certainly people who are drunk are just as susceptible to making dumb decisions as people who are high, so his argument falls flat to me. In this paragraph he also mentions that an 18-year-old would be able to grow weed in his backyard, but while I’m not sure, if this bill is modeled after California’s Prop 19, that bill treated pot like alcohol in that citizens would have to be 21 or over to use pot so I believe he may be misinformed on that point.

Speaking of our youth and the differences between alcohol and pot, I want to digress for a moment here and highlight one very meaningful difference, which is that a person cannot overdose on weed. I know some of my friends and I flirted with a dangerous line on many occasions while consuming alcohol and were very fortunate not to end up with alcohol poisoning. Anyone with any common sense would much prefer that our youth smoke pot than drink alcohol for that reason alone, and while pot is easy to come by, alcohol is relatively easier for our youth to obtain owing to its legal standing, at least according to my experience. If pot were legal than the playing field would level out, meaning more youth would likely use pot over alcohol, and therefore I would have to believe that incidents of alcohol poisoning would decrease.

Back to Nelson’s article, he indicates that he believes this amendment “is a bad idea on several fronts” but tellingly, he mostly avoids letting the reader know of these many reasons. This was a smart move by Nelson, really, if you’re on the wrong side of an issue the best argument is no argument at all. He knows he can’t be attacked for a point he doesn’t make. I think Nelson is like many people, he just doesn’t feel in his gut that marijuana should be legal. This feeling is void of all logic, but sadly many people vote according to these feelings. Interestingly, at the end of his column, Nelson agrees that “too many people are sent to prison on relatively minor drug offenses” and mentions that his “head is spinning” while trying to reconcile this with his stance on the issue, and the great thing about this is you can actually witness the cognitive dissonance kicking in. That tends to occur when you base a position on feelings instead of logic. He can tell himself he is against pot legalization for good reasons, but when logic just doesn’t back up a belief, cognitive dissonance inevitably sets in.

To end this post, let me quickly sum up why marijuana prohibition is actually the “bad idea on several fronts.” It is, as noted above, less harmful than alcohol and yet alcohol is perfectly legal. The prohibition of it shifts the profits from the sell of this drug from corporations, who can be taxed and regulated, to drug cartels that use violence to take out competitors and increase profits. Marijuana laws lead to otherwise perfectly decent people receiving drug convictions that can ruin their lives and even send them to jail. Prohibition costs us billions of dollars and, more importantly than all of the reasons above, IT SIMPLY DOES NOT WORK. Marijuana is prohibited and yet it remains prevalent. Even if the drug prohibitionists were right about everything else, if the drug war does little to prevent the use of the drug, then why should we continue to waste precious taxpayer dollars enforcing these laws? It is time to end the failed policies banning marijuana in this country, and a constitutional amendment in Nebraska legalizing marijuana would be a step in that direction.

Food For Thought on Keystone XL

When it comes to the Keystone XL, I'm not against the pipeline in principle.  While I don't see tar sands as any kind of magic elixir as far as lowering the price we pay at the pump, it's another supply of oil in what is a finite resource.  There is some value in it until we hopefully move on to something better.  So I don't have a problem with the pipeline itself.  What I do have a problem with is the location of the pipeline.  It's beyond stupid to build it over our state's largest supply of both drinking water and water for agriculture.  And if you don't believe me, well, take a look at this article regarding a recent spill of oil into the Yellowstone River.  A half-hour of spilling and we've got oil washing up off the banks of the river.  A half-hour.  So if this planned pipeline does get built over the Ogallala Aquifer, well, better stock up on the Evian and Aquafina.  There's really not much more to say about it.  I realize it's not as simple as drawing up a new blueprint and calling it good, but logically, it's the only way to go. 

Follow-Up on Benson Porn Shop

Well, for those interested, I've been able to find out a little bit more on the new porn shop moving into Benson.  It won't be a Dr. John's but rather something called "Naughty or Nice."  Same idea,  different name.  I drove by the other day to take a look, and they have the whole thing papered up so you can't see in.  The Benson Business Association is pretty much powerless to do anything- Dr. John's fought the battle to sell porn legally in Omaha and rightfully won- and even if they wanted to, the owner of the building is apparently hidden behind a bunch of lawyers.  They can't even figure out how who owns the building or who will own this new "retail" business.  Merchandise is being moved in and the store is being setup, and that's pretty much it. 

Personally, while I do believe they have the right to sell their stuff, main street Benson hardly seems like the proper place to do so.  I realize that the bar scene is their main draw right now, but it's still a place where they hold parades for kids, farmers markets, etc.  Just doesn't seem to me that it belongs there.  But if people support it and keep it in business, then there's really not much you can do, as the people have spoken.  I find it hard to believe that these kinds of places can even do good business with the Internet out there, but I guess we'll find out.  I'll post something if anything else of note comes up, but I think this pretty much sums it all up. 

Puff, Puff, Pass

On Thursday, legislation was introduced in the House of Representatives that would end the federal ban on marijuana. Today, it was reported that a petition will be circulated right here in the Cornhusker State that would put on the ballot a constitutional amendment that would also legalize the drug. For those like me who have long questioned this country’s legal stance on marijuana, this is much welcome news. While Barney Frank, one of the representatives who introduced the House bill, has admitted he doesn’t expect the bill to pass, the momentum appears to be shifting towards legalization in this country. As noted by the OWH, 16 states and the District of Columbia have legalized the medicinal use of marijuana. California recently put legalization to a vote, with 46.2% voting yes. I suspect without doing any research on the subject that once those voters who came of age before the 60s pass away, marijuana legalization could very well receive majority support in this country. So while I am highly skeptical that here in conservative Nebraska a bill like this will pass, especially at this time, I applaud the Nebraska Cannabis Coalition for working on this goal against seemingly overwhelming odds. I for one will be signing my name to this petition and will vote yes if it makes it on the ballot. I encourage others to do the same. There was a time when federalism was a meaningful concept in this country; wouldn’t it be great if Nebraska was the first state to really stand up on both legs against the federal government and its hypocritical, deleterious, immoral persecution of marijuana users by voting yes to this amendment?

Breaking News - Dr. John's Moving to Benson?

I received word from my co-blogger Arch Stanton that Dr. John’s, a peddler of licentious merchandise, is moving into Benson where True Value Hardware formerly resided. This is sure to inspire much controversy over the coming months. We believe that the Benson Business Association intends to fight to keep Dr. John’s out of the area, in a similar fashion to their fight with Carl Gullotta who was rumored to have an interest in opening a strip club in the same building. This story has been substantiated by two independent parties. I’m sure we’ll have more on this developing story in the future.

And Now For My First TD Ameritrade Experience....

Well, much like Leo had his first trip to Werner Park over the last week, I had my first trip to the other new ballpark around town- TD Ameritrade.  I had intended on checking it out at some point at a Creighton game, but just never got around to it, so a CWS game was my first trip.  I was a little nervous about going down and wasn't really looking forward to fighting the crowds.  Sure, you had to fight them at Rosenblatt, but at least I had a handle on where to park and I knew my way around the area for the most part.  Since I get lost taking the trash out to the curb, I was just glad that I wasn't the one in charge of driving down here.  And yet, turns out I had nothing to worry about.  But we'll get to that shortly.  (I should point out that Husker Mike has great coverage of his experiences as well, for another take on how things are going.)

Anyway, I think rather than making this into a narrative, it might be better to just break down the pros and cons and go from there:

Pros

Traffic:  Almost non-existent.  I was worried that there had been a bomb threat or something- we were literally the only car getting off on the Qwest Center exit and pulled right into our parking spot.  Sounds like it was nothing like what is going on at Werner.

Concourses:  The concourse at Rosenblatt on a hot, humid day was frankly disgusting, and difficult to move through.  Not so at TD Ameritrade.

Restrooms:  Say what you will about me, but I despise peeing in a trough at a stadium.  I'll take a solo urinal any day.  If you want to quibble, it would've been nice to have a separate entrance and exit for the restrooms though, and they could probably prop open the doors on hot days for airflow.

Sight lines:  We sat up in the second tier for our game, and the action was easy to follow.  I had a lot easier time following balls and strikes and the path of the ball then I ever did before.  Although judging by the way some people reacted to foul balls that were 50 feet away from them, I may be in the minority here....

PING- Gone:  I'm not necessarily a "baseball traditionalist" (whatever that means) but the PING just never represented baseball to me (the Ping I'm talking about is the sound the ball made off of the aluminum bats prior to this season).  This has nothing to do with the new stadium, but I'm glad they improved the makeup of the bats so that they play more like wood and just wanted to throw that out there!

My First Werner Park Experience

So I went to the Omaha Storm Chasers game on Thursday at the new Werner Park in Papillion. At least I think it was still Thursday when I got to the game, I cannot be sure. I’d been looking forward to catching a Storm Chasers game all spring not only to see the new park but to scout two of the Royals’ top young prospects, first baseman Eric Hosmer and third baseman Mike Moustakas. Unfortunately due to lingering cold weather and early calls from Kansas City I missed both of those prospects. Needless to say the opportunity to see longtime major league journeyman Jeff Suppan start the game did not assuage my disappointment though the Storm Chasers do retain a few other solid young prospects. Anyway, I thought I would review my experience with the hopes that others can avoid the same pitfalls I fell into.

I’ll begin at the point when a friend of mine picked me up after work and we headed out to the game. After taking a left off 144th street onto Highway 370 an ominous sight appeared before our eyes, a line of cars without an end to be seen. To be fair to the Storm Chasers it was 6:50 at that point so we were running a bit late for a 7:05 first pitch, but I never would’ve expected to be in a line of cars for something like 45 minutes and after that length of time we still hadn’t even made it to the parking lot. We were only some ten cars back when a Storm Chasers employee came walking by to tell everybody that the lots were full and we would have to go to Papillion – La Vista South down the street and catch a shuttle if we wanted to get to the game. A friend of ours who managed to get to the game a little bit earlier than us had already bought us tickets so we figured we would go down and catch the shuttle while wondering if it would even be worth it. After waiting with a few hundred other people we were able to catch the third shuttle (which was a 64 passenger school bus) and get to the game at the bottom of the 3rd inning.

After having missed a third of the game, we took advantage of it being Thirsty Thursday and got a couple of $1 beers and walked out to the berm to stand as we were unable to secure box seats. It was difficult following the game that far from the action, but we made due until the bottom of the fifth. At that point, we wanted to grab a couple more $1 beers because for whatever reason they stop selling them before the 6th inning even though alcohol sells don’t stop until the 7th. Of course while waiting in line the 5th inning ended so they immediately cut off the $1 beer sells and I had to drop $12 on two Bud Lights instead. I thought it would have been gracious of them to extend the $1 beer sells since they knew a lot of fans made it to the game late, but I guess that didn’t cross their minds. The one highlight of my attempt to get inebriated was the cool Bottoms Up beer dispenser which I had seen on TV but had never seen in real life. Soon after that the game ended and we headed home after bumming a ride back to the school rather than having to wait for the bus.

So, while my first experience at Werner Park was a bit of a disaster, I don’t want to be too negative towards the Storm Chasers here. I’m sure they’re still working out some of the kinks during the inaugural season of the new stadium. One thing I thought would have been better is if they could have started sending cars far back in line to Papillion - La Vista South earlier instead of waiting until the lots were completely full. I also wonder with all that land around the stadium why they couldn’t buy some land to put in a cheap gravel lot to cover the busier days. With all that land around them it doesn’t seem like they should ever run out of parking. All of that being said the stadium was really nice. The concourses were pretty cool and there were plenty of places to buy food and drinks. There is definitely plenty for the kids to do if you have a family. I was surprised at how small the stadium looked from my vantage point standing out in the berm, but supposedly that’s the way to go for a minor league stadium. I think overall this is a worthwhile addition to the area and I will certainly make it out there a few times a year.

So to sum up, if the weather is great and you decide to try and catch a game at the last minute, especially if it is a Thirsty Thursday, I would recommend clicking on the TV and watching a ballgame at home instead. If you’re determined to go, leave early. If you find yourself way back in line you might be better off just driving straight to Papillion-La Vista South so you can catch the first shuttle. You might try 114th street instead of getting on Highway 370 from 144th like we did but I can’t be sure on that. If anybody has any other tips feel free to leave them in the comments.

Follow up: OPS and Sexual Harassment

I just wanted to follow up on my previous post and point out that OPS has decided not to change its policy regarding the reporting of potential child abuse to law enforcement, the same policy which led to Shane Knutsen being allowed back on the job after three allegations of child abuse in three consecutive years. According to Attorney Elizabeth Eynon-Kokrda, OPS policy is that “if there is any reasonable belief [that child abuse has occurred], staff are to report it, or cause it to be reported, to law enforcement or Child Protective Services.” That does seem like the appropriate policy to me. That being said, if Shane Knutsen is found guilty of sexual assault stemming from the first two cases that administrators were aware of before law enforcement became involved, it will be difficult for me to believe that the standard of “reasonable belief” was not met when those allegations against Knutsen were initially brought forward by the students to the administrators. At that point I will have to assume that administrators ignored OPS policy and Nebraska law in failing to report the allegations of child abuse to authorities. If that is the case they should be fired and charges should be filed against them. Needless to say I will be keeping a close eye on Knutsen’s trial, as should the higher-ups at OPS and the Attorney General’s office.

Checking For A Pulse #2

For the most part, we've avoided talking sports on this blog, and for good reason- it's covered well elsewhere (for example).  But this letter to the Pulse by Rick Fetters from Council Bluffs is to ridiculous to pass up.  Talk about apples and oranges.  

Quite a few people are happy over Tom Osborne’s firing of Nebraska baseball coach Mike Anderson, who had a winning record.
Some of these same people were probably mad as could be when then-Athletic Director Steve Pederson fired Husker football coach Frank Solich, who also had a winning record.

Firstly, the author neglects to mention that there was some evidence that the NU football program was improving under Solich with his new coaching staff (which of course starred Bo Pelini, who would go on to win a National Title as a defensive coordinator) although Husker football was certainly not at the level that we were accustomed to (and spoiled by).  Conversely, the baseball program hasn't even qualified for the Big 12 conference tournament over the last two seasons, which should have been a slam dunk.  Nor did they have anything close to a winning record in conference play- which is a better sign of the competitiveness of the team.  

In My Lifetime..... A 100-Year Flood

Isn't it kind of funny that you hear talk about 100-year and 500-year floods when it comes to emergency preparedness for nuclear power stations, and you kind of think "gee, we're in good shape, that won't happen in my lifetime- stick it grandkids!!!"  And yet, here we are.

For those who missed it, the World-Herald ran a somewhat chilling photo today on the front cover showing the waters of the Missouri approaching the Fort Calhoun Nuclear Power station.  Chances are, we're going to be in good shape.  While this could potentially be a serious issue, I do have faith in OPPD to prevent a disaster and protect it's shareholders- us.  That said, it does raise questions- again- about the safety and sanity of nuclear power as it is currently constructed (no, currently was not an intended pun).  Of course, I've made it clear that I'm all about the solar and wind, but I'm not naive enough to think we can simply flick a switch and move on.  The simple fact is that if we want to continue to sustain our standard of living at this time, we're in bed with nuclear.  

One thing that nuclear power can point to in this country- with no shortage of pride- is that there have been only three deaths in this country as a direct result of nuclear power, and that was more than likely from a chilling murder-suicide.  And they would be 100% right to do it.  That said, we're seeing in Japan what happens when these things go bad.  I just hope that my trust in OPPD is not misplaced and that the safety measures that have been put in place will protect all of us in the event of a worst-case scenario.  Obviously a flood that can be predicted to a degree differs quite a bit from a tsunami that gives hours of notice in a best-case scenario, so I don't think we have anything to fear, other than the potential of a higher electric bill if they aren't able to get the plant back online (it is down for planned maintenance at the present time).  I will be following events here to the best of my ability in the event of anything unexpected.  It should also be mentioned that the nuclear station in Brownsville will likely be in the path of the flood as well, and they've faced more serious safety issues during exams that Fort Calhoun.

I'd also like to take a quick second and offer my condolences to anyone who is faced with losing or leaving their home right now.  I'll be hoping for the best as we deal with this so-called 100-year event.

Two Thumbs Down For Thumbs Up Program

I might lose some people with this rant, but I have to comment on an article in the OWH yesterday about the new Thumbs Up program started here in Omaha that is intended to “encourage Omahans to give police and firefighters a ‘thumbs-up’ as an expression of their gratitude and support.” One thing I have never understood is this worship of police and firefighters. Police and firemen are not all selfless human beings, sacrificing for the common good. The truth is that for most of these men in uniform their occupation is just that, a job. A good friend of mine is a cop, and his primary motivation for becoming a cop was the simple fact that he couldn’t see himself working in an office 8 hours a day. He certainly did not become a cop to be a hero, or to give service to the community. He viewed it as a solid career that fit his personality and actually paid quite well. Heck, he actually makes more than I do and more than most of my college educated friends as well. (My cop friend also has a college degree. I’m just pointing out that these friends I’m comparing him to aren’t bums). So it’s hard to see where he’s making such a grand sacrifice for the rest of us to the point where we need to thank him. We already do a pretty good job thanking these men and women with our hard-earned tax dollars.

In fact it is ironic that in this city, where we are forced to pay a special restaurant tax to make up for a huge shortfall of the police and fire pension fund, that local citizens would have the desire to go above and beyond to show gratitude to our police and firefighters. Remember, that shortfall exists because of the pervasive pension spiking that occurred for years that allowed police officers to retire with exorbitant pensions. If anything they should be thanking us for this windfall they reaped at our expense.

Another point I want to address is this idea that cops and firefighters have such dangerous jobs and that is why we should be so grateful for what they do. This article by Radley Balko, Senior Writer for Huffington Post, addresses this misconception. He points out that a law enforcement career is not “among the top ten most dangerous professions, falling well behind logging, fishing, driving a cab, trash collecting, farming and trucking.” (Note that firefighting did not make the top ten either.) Trash collecting is also vital to any community, and yet when do you ever hear about the danger garbage men face everyday? Of course if a garbage man gets killed on the job it doesn’t receive nearly the same amount of media attention that a cop getting killed does. Now I’m not saying that police and firefighters don’t have dangerous jobs, and those who actually have sacrificed their lives for others deserve all of the praise in the world. I just want to point out that most police and firefighters will in fact never have to make that sacrifice and actually do so less than many other professions.

One last point I want to make is this, in most collective groups of people there are always good and bad actors. You could be giving a thumps-up to a David Kofoed who is committing fraud to put innocent people in jail, for all you know. So my advice is this, if a cop or firefighter personally does a great job assisting you in his duties, especially if he seemingly goes above and beyond his duties, by all means shower him or her with praise and expressions of gratitude, but don’t shower with praise every cop you ever run into. You have no way of knowing whether he deserves it or not. If you still feel the need to do that, then I ask that the next time you see your local garbage man, give him a thumbs up as well.

The Absurdity of the Death Penalty Reaches New Heights

“Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement. For even the very wise cannot see all ends.” -  Gandalf the Grey in Lord of the Rings    

 

The absurdity of the death penalty was placed into sharp focus this morning.  In a nutshell, convicted murderer Carey Moore was able to acquire a stay of execution for the sixth time due to questions about the quality of one of the drugs used in a lethal injection execution.  As the drugs used are no longer being manufactured in the United States, and in this case were imported from India.  Mr. Moore's attorney has argued that since they were not manufactured in the States, the drugs don't meet US pharmaceutical guidelines. 
 

Obviously, one has to question how this could cause a stay- what's the worst that could happen to someone who is being put to death?  Amazing that we were frying people a few years back, and now the state is not able to administer a lethal injection because the criminal has concerns about the quality of the drugs being used to put him to death.  Absurd.  Unfortunately, it's another absurdity in what is an absurd practice. 

Legislative Roundup 5/24/2011

Something I am going to do now and in the future is to track some of the legislation making its way through the Nebraska legislature and analyze its impact on our freedom and whether or not it appears to be a waste of money, among other things. What needs to be understood about legislators in general is that they are by their nature motivated to create and pass legislation. If there is a problem, somebody somewhere expects the government to do something about it, and legislators are only too happy to oblige. The effectiveness of this legislation often leaves something to be desired, and frequently does nothing but limit freedom for everyone or waste finite resources. So I would like to track legislation so that I can get an idea of how much of it is actually useful legislation that improves our state, and how much of it we could do without. Anyway, in this and future Legislative Roundups, bills will be judged on whether they waste time, resources and restrict freedom, among other criteria. With that explanation out of the way, let’s take a look and some current legislation.

Stunning Incompetence by OPS Officials

This fledgling blog has only been in operation for a few months and already I find myself having to criticize Omaha’s local public education system for the second time. This time it is due to a much more egregious display of incompetence. A teacher at Hale Middle School named Shad Knutson was accused multiple times of sexual advances toward his students, and the response of OPS was to keep him on the job, citing a lack of evidence. Last I checked the touching of breasts and verbal sexual advances will almost never leave physical evidence unless one of the girls was wearing a hidden camera in her blouse so that seems like a ridiculous reason for not taking steps to have Knutson permanently relieved of his duties. The OWH article is a little unclear to me but it seems OPS was aware of multiple accusations against Knutson and yet took very little action in response. In fact, they did not report the allegations to law enforcement despite the fact that it is against the law not to do so. Of course I’m not naïve enough to think charges will actually be brought against the administrators who broke the law. (I could go on a long tangent about how ridiculous that is but I don’t want to digress from the main topic at hand.)

Now I would agree you have to be careful about firing a teacher after one accusation because it is entirely possible that one student may be lying, but multiple accusations would seem to provide adequate evidence that a teacher is in fact guilty of the alleged transgressions and should therefore not be allowed to continue to teach. OPS did not see it this way and after a few paid vacations Knutson was back on the job. Fortunately the law became involved after a parent of one of the victims notified Child Protective Services and strangely enough law enforcement did find sufficient reason to arrest Knutson on three felony counts of third-degree sexual assault.

So the question I want to address is, why did OPS administrators continue to aid Knutson in his crimes? I hate to blame the teacher’s union for this (just kidding, I love blaming unions) but it seems like unions promote this idea that teachers (or cops) need to be protected above all else, with little concern for the public. Administrators need to be reminded that first and foremost our education system was created to educate our youth, not as a make-work program to provide teachers with jobs. The goal is to educate our youth and to do so in an environment that is safe and conducive to learning. Needless to say having sexual predators teaching young boys and girls does not exactly fit that ideal. So if teachers are incompetent or criminal they should lose their jobs. It is really as simple as that. A friend of mine told me about a coworker of his who told a female coworker something sexually suggestive that is far too filthy to repeat here, and do you know what happened to him? He was fired! The only difference seems to be that my friend works in the private sector for a non-unionized company. I don’t know what it is about the public sector and unions that cause people to become so myopic to the point where they will let a sexual predator continue to teach, but I would love to see the law bring down the hammer on these administrators to help them see the light.

Gas N Go's--- Again?

I'm sorry, but is there a more tired story than the old "gas prices are high and drive-offs are up" piece?  I guess I don't see how this is possible since every station I fill up at is either a pre-pay affair, or you slide your card before you pump.  So if people are driving off from your station, it's probably your fault as a station owner.  Nonetheless, our friends at KETV made sure to trot this story out- I guess it's a sloooooooow news week as they seem a little late on this- prices went up a while ago. 

DUI Law: Too Strict or Not Strict Enough?

There are two bills making the rounds in the Nebraska Legislature regarding drunken-driving laws, and I feel I need to cover an issue I have with our current drunken-driving laws that have been highlighted by these bills and give my opinion on what is being proposed in these two bills. First let me say, the problem with an issue like drunken-driving is that when a horrific accident occurs everybody remembers it and responds to it, but the hundreds of times that someone drives above the legal limit and arrives at their destination without incident, there is no subsequent article in the newspaper, nor legislation passed in response to it. Legislation in response to tragedy is notoriously a bad idea. That being said I don’t have a problem with new legislation in this area of law and in the case of Bill 675 I wonder if it goes far enough. Before I get to that, I want to address one issue I have with our current law that will be even more of a problem if the other DUI bill, LB 667 is passed.

According to this article by Martha Stoddard, “under current law, people arrested on suspicion of drunken driving receive a 30-day temporary driver’s license, followed by a 90-day license revocation.” My issue is obviously with the idea that punishment is being meted out to people who have been arrested on the suspicion of a crime, rather than after being convicted of the crime. The Fifth Amendment to the U.S. Constitution states that “no person … be deprived of life, liberty, or property, without due process of law.” In layman’s terms this means that citizens of this country should not be punished until convicted by a court of law. Ideas like these are what separate this country from tyrannical regimes like those in the Middle East that are fortunately being overthrown as we speak. I understand that if this is the one and only case of punishment before conviction it is not anything to get too worked up about, odds are if somebody was arrested on suspicion of drunken driving they were more than likely guilty of that crime anyway, but I hate to bend at all on an issue like this that has such a fundamental importance to our country. Legislative Bill 667 proceeds further in this direction as it basically requires ignition interlock devices to be installed by those individuals arrested for drunken driving, with the cost being born by those individuals, so I am against passage of this bill.

Regarding LB 675, let me start by saying that I am all about the rights of the individual to life, liberty and property. Usually my focus is on the government threatening to impinge on those rights as you have seen and will see throughout the life of this blog. However, individuals can just as easily take those rights away from others and I want equally to ensure that they are not allowed to do so. LB 675 “would set a two-year minimum prison sentence for people convicted of fifth-offense driving under the influence” as well as doubling fines for convictions, among other things. I actually question whether this goes far enough. A two year minimum penalty for a fifth-offense DUI seems too lenient. Remember, if someone drives drunk they do not always cause a wreck, at the same time they do not always get caught. If someone gets caught for a third and fourth and fifth time, they have driven drunk far more than that. These people are a danger to society and a danger to deprive others of their life and property when they inevitably cause accidents while driving drunk. I would rather see two years for a fourth offense and even longer for a fifth. That being said I understand that .08% Blood Alcohol Content (BAC) being the legal limit is bogus. You can have that level of BAC and be a perfectly good driver. So I would be lenient on drivers who get caught operating a motor vehicle at that state of inebriation. But if somebody is getting caught for DUI 3 or more times, they are not mildly drunk, they are the swerving in and out of lanes, running red lights, seeing double level of drunk and that is why they are getting caught that many times, and those people need to be severely punished.

A Solar Eyesore

Don't you dare use this for energy in South Shore Heights.

As someone who is very interested in so-called "alternative" energy sources and green power sources, I was naturally curious when I saw that World-Herald columnist tackled an issue related to solar power.  To those who may have missed it, Omaha resident Tim Adams recently installed $40,000 worth of solar panels to his home.  Not only is he entirely powering his home with these panels (and it appears to be a rather large home compared to the average home), but he is able to sell back power that he doesn't use to OPPD.  Usually, something like this would be a feel good story and a bit of light news about emerging technologies that are slowly but surely changing the way we live our lives.

Unfortunately, the homeowner's board in his neighborhood sees this as an eyesore and is telling him to remove the panels or be sued.  Long story short, they picked on the wrong guy and he has decided to take his fight public by purchasing two billboards at a total cost of $15,000 protesting their decision (hey, it beats paying for a "World Ends on May 21st" billboard).  Robert Nelson addressed this much better than I could, but long story short I wanted to use my minor forum to say that I support Mr. Adams fully in his endeavor.

I completely understand the point of having covenants and holding homes in a neighborhood to a standard.  I've seen first-hand how one bad home can bring a neighborhood down.  And I understand that many neighborhoods want to ensure that all of the homes remain some shade of beige.  But surely they can see this is beyond ridiculous.  First off, I doubt they have a leg to stand on as in no way does this lower the value of the home- in fact, it does exactly the opposite (link).  Secondly, we need people who can afford to purchase solar panels to do so and install them.  The technology is getting very close to the point where many Americans can see short-term savings- the more people buy them, the quicker the price will go down.  And lastly, the look of the house is not compromised- I mean, we're talking about covering up roof shingles- hardly the best thing on the house.  Looking at the photo attached to the story, everything was installed very neatly and professionally.  It's not like there are loose wires hanging everywhere. 

Going forward, I think the neighborhood would be better off in making sure everyone gets their Christmas lights down by the first of July instead of bothering someone who is trying to live a sustainable lifestyle.  I would like to thank Mr. Adams for his efforts, and Mr. Nelson for bringing his story to our attention, and I wish Mr. Adams luck in his struggle with the South Shore Heights homeowner's board.

CIR Reform: Failure in the Legislature

You Shall Not Pass!!! … legislation eliminating the Commission of Industrial Relations and ending collective bargaining in the state of Nebraska. The news in the OWH today is that opponents of the CIR have abandoned their efforts to eliminate this Commission. This just so happens to be the result I expected all along. I’m a political neophyte and I saw this coming. What were the various chambers of commerce thinking in fighting this losing battle? I admire their willingness to stick to their beliefs about the best possible solution to our public labor issues, but there is a time for sticking to principles and a time to understand the political realities, so it comes as no surprise that they failed to eliminate collective bargaining in this state. In my previous post I stated “I only hope that given a failed attempt to eliminate the CIR completely we don’t end up without any reform.” That concern has only increased after yesterday’s failure. It is noted in the OWH article that this decision came after seven hours of debate. I can’t help but wonder what meaningful progress could have occurred in that time to reform the CIR. Only time will tell if any reform will make its way through the legislature.

My Favorite Places #8 - Sunset Speedway

What a great logo for a local company.  I apologize as I failed to note where I found this picture.

You know, racing is not really my thing.  But it sure was my dad's- growing up, the air in our house was filled with the smell of cheap cigarettes, and the sound was filled with the incessant roar of cars going around and around in circles.  Good stuff.  Nowadays, the closest I get to viewing racing is flipping through a Dukes of Hazzard rerun or watching Cars with my two-year old daughter.  It's just not my thing and never will be.

But all that said, I have a lot of fond memories of going to the late Sunset Speedway in the northwest corner of Omaha near114th and State Street.  What was there to not like?  My dad usually bought us a soda or two- a luxury in those days- we sat close enough to where dirt would hit us in the face, there were fast cars that made a ton of noise, drivers with names like Sugar Bear, and once a year they held a bike race where us kids got to ride around the same track that the race cars did.  Epic.  In hindsight, I also get a kick out of the "non-alcoholic" section in the stands.  Sunset Speedway had it's very own Bible belt.  Can't say that my dad ever had a desire to sit there....

Illegal Immigration and the Law

It seems one of the major political issues facing this country that is also an issue at the state and city level is that of illegal immigration. Fremont in particular has put the issue in the forefront locally with their illegal immigration ordinance, “which bans hiring or renting property to illegal immigrants.” In the Omaha World-Herald on Sunday, State Senator Charlie Janssen wrote an editorial on illegal immigration and made a couple of points that I take issue with and would like to address. I won’t get into all the pros and cons of this issue, it suffices to say I do not believe illegal immigration is a particularly pernicious activity that merits the attention folks like Janssen want to give to it.

First I want to address this sentence by Janssen, “Ignoring some laws and enforcing others creates disrespect for all of our laws. This should not be the guiding principle for any legislation.” I want to welcome Janssen to the real world. All laws are not and should not be enforced equally. Let me give you an example. If you find a one hundred dollar bill on the ground you are legally obligated to report that as income on your tax return. However, any attempt to enforce this law would be a waste of government resources. Does this create “disrespect” for all of our laws? Of course not, if somebody breaks this law they are not more or less likely to break any other laws, to claim otherwise would be ridiculous. Now I know that seems like such a minor crime so I’ll give you another example. I’ll guarantee you cannot go to a sports bar without bumping into someone with a couple of bucks on the game. Yet when was the last time a gambling ring was busted? Some crimes are just not worth the time and resources to fight compared to others. We want our police officers fighting real crime, like murder and rape, rather than crimes like gambling or smoking pot or illegal immigration that generally do not have a direct impact on anybody else.

Speaking of smoking pot, that brings me to the next passage in Janssen’s editorial that I take issue with. He says that when our immigration laws lead to families being broken up, that is “an unfortunate circumstance, but it is also a necessary one.” I have a friend in law enforcement who was fortunately born with a little common sense and empathy for others. Occasionally while enforcing the traffic laws he’ll come across a couple of young kids with some marijuana and related paraphernalia. Rather than throw the book at these kids, he frequently will have them dump out the marijuana and throw the paraphernalia away. Why does he do this? He does this because he recognizes that kids do dumb things and he doesn’t want them to wind up with a record because he understands that that can ruin these kids’ lives. If they have a record they may not be able to get into college or get a scholarship. Is it really in the best interest of society if every kid who ever tries a little dope has their lives ruined? The same goes for illegal immigration. Let’s show some compassion and empathy in situations where families are involved. I understand they broke the law and put themselves in that situation, but that doesn’t mean we have to bring the hammer down in every instance. A little empathy would go a long way in this world we actually live in that Janssen chooses to ignore. I’ll end on that note but I have an idea for another post that might open some eyes about how we view illegal immigrants so stay tuned.

Red Sky Festival Rumors

Are you ready to be....underwhelmed?  The rumor I've heard from a "credible industry source" (heh) is that the big names for the Red Sky Festival will be none other than Journey, Kid Rock, Sheryl Crow (who will be in Omaha in May already, but is touring with Kid Rock this summer), and someone I forget- although someone else added Jason Aldean and 311 to that list on the discussion board that I first posted that at, and since I don't know Jason Aldean I would've forgotten that one.  311 is a a no-brainer as well.  So take it for what it's worth.  I was hesitant to run this, but no harm in reporting a rumor I guess. 

So, if true, there goes my hopes for a Pearl Jam, Chili Peppers, Rage Against the Machine, Beatles, 2Pac, and Notorious B.I.G. headlining festival....

Favorite Places In Omaha #9

Going up there were 363, going down there's 17.  Weird.

If my top 10 list consisted of places that I actually like to go to and visit, then Hummel Park would not be on the list.  Although I love the woodsy scenery and being up in the hills, the place just kind of creeps me out.

But I love the idea of Hummel Park.  The idea that there is some place in Omaha that is haunted or possessed by some kind of evil spirit is just kind of a cool thought- as long as you're not caught there after dark I guess.  Besides Ray, Egon, Peter, and Winston, who doesn't like ghosts?

Maybe take him with you next time you visit?

Now I personally doubt that Hummel is really haunted or some kind of inherently evil place of course- it's your own fault if you can't count those stairs the same way each time, and the reason it seems to be a great place to dump bodies is because it's reclusive.  And the trees don't hang down because so many Black people were hung from them by racist mobs, but because they're on a slanted hillside (don't get me wrong, Omaha certainly had it's share of lynchings, sadly, but none of them were likely at Hummel).  As far as an albino colony, it's a fun story but come on.  I am a little disappointed that we don't have any Sasquatch sightings or Chupacabra rumors- or maybe I'm not looking hard enough.  But some stories say it's located on an old Native American burial ground, so it's got that going for it.  Which is nice.

Devil's Slide is another notable feature of the park.  Supposedly a bunch of suicides have taken place there, but I can't find any real evidence of it (those tend to be kind of hush-hush anyway, and often difficult to find much information about).  The Slide is probably the closest we can get to mountain climbing in Omaha (unless you count Dick's Sporting Goods at Westroads) and you'll usually see a few idiots clambering up it when you drive by (yep, I've done it).

World-Herald Food Critic

I've been so busy that I didn't even notice until now, but apparently World-Herald food critic Nichole Aksamit was either let go or quit the paper.  The rumor I heard- for what it's worth, as this is very much just a rumor- is that it was over her attempts at writing a negative review about new restaurant The Brick House.  Now I'm not saying this just because she was formerly my neighbor, but what a terrible decision by the newspaper.  Honestly, I thought she could be a bit nitpicky from time to time, but I'm generally more easy-going than most folks when it comes to food.  She was by far the best food critic the World-Herald has had in my lifetime and always had interesting things to write about.  Just one more reason that print is dead- you can get fired/forced out for actually doing your job and critiquing a restaurant.

On a related note, for those unsatisfied with the recent World-Herald coverage, here's a link to a new guy in town doing things with that newfangled online media.  

Current Issues: CIR Reform

I feel like I should cover the current issue making the rounds in the Omaha World-Herald (OWH) related to the Commission of Industrial Relations (CIR) and whether it should be revamped, reconfigured, have its binding authority taken away, or simply put out to pasture. This isn’t an issue I feel I know much about so I’ve been hesitant to write up a post on it, (I didn’t even know the CIR existed until recently) but because it’s become such a major issue lately, with myriad articles appearing in the OWH, I feel like I should offer my opinion on the subject.

First, for those of you like me who are just recently learning about the CIR, the CIR was created in 1947 and is a commission of 5 individuals appointed by the governor, which solves salary disputes between public sector employees and the government bodies those employees work for. In order to solve these disputes, the CIR “uses a formula based on what a group of comparable jurisdictions pays public sector workers to do the same job.” Something to note from that description is that the formula considers only comparable public sector salaries and not private sector salaries, though I’ll tackle that issue further down.

The first thing I want to tackle is the fact that the CIR currently does not consider benefits when comparing compensation of public sector employees. This is the type of thing that frustrates me to no end. How can it be that after all this time benefits were not being considered? This is absolutely inexcusable. A pox on all the former governors and legislators who allowed this policy to continue for so long (don’t worry, my poxes never work anyway). My understanding is that benefits make up something like 30% of total compensation, so to not take that into consideration is absurd. Let’s put it this way, would you take a job without considering the benefits package being offered? Neither would I. Governments across the country are in trouble because a blind eye has been cast on public sector benefits and unfortunately Nebraska has not been exempt from this mistake. I only hope that given a failed attempt to eliminate the CIR completely we don’t end up without any reform so this policy lives on.

With that out of the way let’s move on to this policy of not including private sector compensation in the formula used to determine fair compensation by the CIR. In a Midlands Voices editorial the writer, Chip Maxwell, makes a good point when he notes that in “the private sector, managers and owners playing with their own money have more incentive to bargain hard than do managers and politicians in the public sector playing with other people’s money.” Public sector compensation seems to be getting out of control due to this very fact. Government officials don’t always have the proper incentive to limit compensation to a reasonable level in order to keep costs down, because the profit motive is not there like it is in the private sector.

Now here’s where I disagree with Chip Maxwell. Chip and many others are becoming hell bent on eliminating the CIR completely. I can’t help but wonder if the CIR could function adequately if total compensation and private sector compensation were considered in the formula used to determine adequate compensation in disputes. Critics of the CIR seem to think we should do away with the CIR and put salary determination in the hands of elected officials who can be held accountable if salary costs balloon. My fear is that in the fight to eliminate the CIR and collective bargaining (these would have to go hand in hand) there may be a risk that no reform gets passed. The unions have an awful lot of power, and are already digging in their heels. I believe that with the proper reform the CIR would no longer be able to award exorbitant salaries, so any exorbitant salaries obtained by public employees would have to come from elected officials. It appears to me the results are the same whether you get rid of the CIR completely or simply limit its ability to grant excessive salaries, but I have a feeling the latter battle is more likely won than a drawn out war to eliminate the CIR and collective bargaining entirely. Now whether I trust our elected officials to monitor compensation and keep it within acceptable, market-bearing levels is another issue entirely.

Follow-Up on Nebraska Wind Energy

The first post I did here some three or so weeks ago, back in the good ole days, was on wind energy in Nebraska.  The Reader has written a nice piece covering the issue, so as a follow-up to my brilliant post I wanted to turn our massive readership's eyes (Hi mom!) to that piece.

According to this article by Andrew Norman:

"Nebraska leads in potential wind power capacity, (emphasis mine) but has just nine more wind turbines than it has members on its Husker football roster. And the state is a long way from joining the country’s big 10 in renewable energy production." 

The research I did shows us as being 4th or 6th, so I'd like to know where they came up with "leading" in potential wind power capacity- sounds pretty cool if true.  It's also kind of sad to hear that adding 94 turbines "doubled our capacity."  On the other hand, that means this is a huge growth industry- it can only go up from here!  And those 94 turbines can power 45,000 Nebraskans, which is not an insignificant amount of people.

Anyway, it is a very informative read despite the cheesy Husker metaphors, so check it out.

Can I Recycle My Soapbox When I'm Done?

photography by - e http://www.erineppenbaugh.tumblr.com

Like most people, I have a lot of pet peeves.  I hate watching the smoker in the car in front of me throw their cigarette out the window.   I lose my mind when a police officer drives by me 20 miles over the speed limit with no lights or sirens on.  And I am so thankful that I will not have to see the Huskers lose yet another game to Texas.  But when I see someone's trash at the curb, overflowing with garbage bags and other junk, and no recycling bin- well, then you have officially sent me over the edge.  And not just for the reasons you might think.

I think most people would consider recycling a liberal, tree hugging, koombya issue for hippies to worry about.  And certainly those types will gravitate towards recycling and doing what they can to reduce, reuse, and recycle trash items.  But thanks to the city of Omaha's recycling program- and similar programs nationwide I'm sure- even if you don't care one bit about what is going on with the earth, don't care about things like the Great Pacific Garbage Patch, and believe our energy policy should be "drill, baby, drill," then I'm here to tell you that recycling is most assuredly a conservative issue as much as it is a liberal issue.

Buyer's Remorse

Yesterday's front cover of the World-Herald had a somewhat interesting article- in the wake of the awful shooting of a vice principal at Millard South by a student, the Millard School District hired a company called Crisis Management Inc. to advise them on making their schools safer.

In the wake of a tragedy, it's only natural to look for answers and solutions.  But honestly, this is what Crisis Management Inc. came up with?  Their recommendations:

-adopt a “closed campus” policy that would bar high school students from leaving their campuses at lunchtime.
- A ban on student cellphones.
- Requiring students to wear mandatory identification cards and to use backpacks or bookbags that are clear or made of a mesh product so the contents are visible.
-Baggy clothing also should be restricted, the consultant said, because weapons can easily be concealed under such clothing.

I won't debate the merits of each policy, because of one simple fact- not one of these policies would have prevented the tragedy from happening.  I just don't have patience for irrelevant supposed solutions.  For example, a few weeks ago we took our daughter to the Shrine Circus, where they made a big show of searching purses- but announced loud and clear that they were not searching diaper bags.  If you've ever seen the size of some of these diaper bags, you probably realize that you could sneak in a B-52 Bomber in one of these things.

Consultants Paid to Confirm the Existence of Gravity

Millard Public Schools hired a consultant to give them suggestions on safety they seemingly could have gotten from a cheap pamphlet or mail-order book. I would love to know how much Crisis Management Inc. got paid for this mostly impractical and sometimes completely ridiculous advice. They suggested things like a ban on cell phones and baggy clothes, and a requirement of see-through backpacks and identification cards that must be worn by all students. Anybody could have come up with that advice and I think most of us could find holes in all of it. I think this firm’s sole reason for existing is the opportunity to prey on the irrational fears of parents, teachers and administrators. I call them irrational fears because the truth is school shootings are exceedingly rare. It was estimated by Dewey Cornell of the University of Virginia that the average school can expect an on-campus homicide once every 12,000 years. So the steps being taken by Millard Public Schools is analogous to someone hiring a CPA for tax advice in case he ever wins the lottery. Sure you could do it in order to be prepared, but it will almost certainly prove to be a waste of time and money. Obviously when these school shootings do happen they are tragic and incomprehensible, but what is nearly as incomprehensible to me is the ridiculous overreaction by people who should know better.

My Two Cents: Cops Conspire to Plant Evidence

A quick comment on the case of the two cops conspiring to plant evidence, which Michael Kelly did a fine job in today’s paper addressing. I won’t bother to recap the details; you can find those in Kelly’s story. I just wanted to provide my two cents on this story because our civil rights and specifically the right of due process are something I hold dear. There is a lot about our government you can find fault with but there is not much worse a government can due than deny the individual his or her right to life and liberty, and violating the concept of due process can lead to just that.

Look, for all we know the potential victim of this evidence planting is a drug dealer, so it’s easy to write this off as just a couple of cops trying to go the extra mile to catch a criminal. But let’s remember the case of David Kofoed, who assumed the victims of his crime were innocent as well. Police are fallible just like the rest of us. This is why we have the concept of due process because the government is supposed to maintain a presumption of innocence for all its citizens. If you relax that presumption of innocence, the result will be that innocent people will wind up in jail; that is the undeniable reality. I’d rather have a few more criminals go free (for a little longer, anyway) if it means fewer innocent people winding up in jail. I couldn’t imagine being one of those innocent persons sitting in jail right now, and neither could you (I’m assuming our readership is small enough that the odds of an innocent person reading this from jail are minute). It must be a special kind of hell to live that.

I’m glad Police Chief Alex Hayes is taking this seriously, though I could think of worse punishment for Kara Hindman than being placed on 11 month paid leave and Frank Platt getting to retire with a pension, as this behavior cannot be allowed to continue within our police departments. I want to echo Michael Kelly that Officer Steve Kult should be commended for exposing this behavior when he did. If you have read anything about police abuse you know that the blue code of silence is an unfortunate reality in many police departments across the country. Let us hope this case was a rare lapse in judgment by an otherwise upstanding local police force.

My 10 Favorite Places in Omaha

For no particular reason, I thought it would be fun to run down my ten favorite places in Omaha over a few weeks or so.  Hopefully by the time I'm done, you'll check out a place you've never been to before, or chime in with your own thoughts on the places mentioned- and those ignored.  Before we get started, I laid down a couple of ground rules for myself to follow, and they're pretty easy- they can't directly involve shopping or eating/drinking- so that means the Old Market (for example) is out even though I enjoy that area.  They also have to be located in the actual Omaha Metro area- so Fontenelle Forest is out as well.  My reasons for loving these places has less to do with tangibles, and is all about those lovely intangibles.  Without further adieu, today we will start with number ten:

As a big baseball fan, I've surprised even myself by putting Rosenblatt so low on the list.  Maybe it's because I see more pros then cons to the new stadium, or maybe I just grew tired of the love-in that lasted through seemingly 50 last events at Rosenblatt.  I can't say for sure, but going through my ten places, I'm comfortable with Rosenblatt right here.

For every good experience I've had at Rosenblatt, it seems like I've had at least one bad one to match it.  Since we've heard endless talk about how great the places was (and it was), let's go negative for a little bit.  Let's see-

Questions of Ethics in Omaha

Two recent stories in the Omaha area are notable for the questionable ethics displayed by the actors involved. The first one made national news and featured the Oracle of Omaha Warren Buffett and the man formerly presumed to be his successor at Berkshire Hathaway, David Sokol. As you probably heard, Sokol purchased approximately $10 million in shares of Lubrizol only months before Berkshire Hathaway purchased the company at a premium, thus making Sokol a tidy $3 million profit. Although the legality of this financial maneuvering by Sokol is in question, I do feel the ethical implications are clear. Sokol manipulated the system in order to enrich himself, a system in which he is in a unique position to do so that the rest of us could only dream of.

We would all love to have the influence a Sokol has so that we can invest in something that makes us a 30% gain in a matter of months, but most of us do not. I believe that as much as we can reasonably allow, the stock market should be a place where those with a thousand dollars to invest have the same shot of making a 30% gain as the guy with a million dollars. I don’t have a problem with someone like Buffett who has made billions mostly by buying undervalued stocks and holding them until they return to a reasonable valuation, because anybody could have bought American Express or Coca-Cola when he did and made the same percentage gain because everyone was privy to the same information he had (note: this writer was not alive when Buffett made a fortune buying American Express.) However, when someone uses his considerable influence to make guaranteed gains in the stock market that could not have been replicated by those of us without that influence, then I take issue with it. At that point the stock market becomes not a place for us all to invest our hard earned money but just another vehicle for the rich to get richer.

The second story to make headlines is the hiring of MUD director Mark Doyle for the newly created job of senior vice president and chief customer officer at MUD by new CEO Doug Clark. The issue is that Mark Doyle as a director recently voted in favor of hiring Clark as CEO so there is the appearance of a quid pro quo arrangement where Doyle voted to hire Clark and now Clark is returning the favor by hiring Doyle.

I have to agree with director Tim Cavanaugh, the sole director to vote against the hiring of Doyle, who stated in regards to this situation that “I just don’t think it sends the right message.” A scenario like this certainly does not inspire confidence that the board of directors is putting the interests of the public first as is their fiduciary duty. The whole reason for a board of directors is that the board is supposed to protect the interests of the stakeholders. The board hires a CEO to run the company and is supposed to make sure that CEO is running the company to its satisfaction and thus the satisfaction of the stakeholders. If the CEO does a good job, the directors will we rewarded by retaining their positions on the board and the stakeholders will be rewarded with the positive results of that CEO’s actions. That is how it is supposed to work. If a CEO can hire directors to high paying jobs then the directors’ motivations may shift from protecting the interests of the public to pleasing the CEO in the hopes of someday being hired by the CEO for one of those high paying jobs. In this situation you wonder if the board is really putting the interests of the public (all ratepayers are considered owners or stakeholders of MUD) first and foremost or if the directors are simply using their power on the board to potentially enrich themselves.

All that being said the board may have made the best possible hire and the company could prove to be the better for it. (I recommend Robert Nelson’s take here for further enlightenment on this situation) I’ve not yet reached the point of channeling an 18^th century Frenchman and calling for these directors to be put to the guillotine (figuratively, of course) but after its recent actions the board is certainly walking a tightrope from here on out. Another decision of questionable motivation or display of insufficient leadership and the board may leave us know choice but to call for heads to roll. Ultimately one of my primary motivations for this blog is to do what little I can to hold those in positions of power here in Omaha and Nebraska accountable for their actions. Fortunately in this case, unlike the situation with Sokol, we have the ability to register our dissatisfaction with our votes if it comes to that, as we are given the opportunity to vote for the board of directors of MUD so we can hold them accountable.