CEO’s Budget Meetings

January 25, 2010

CEO Burrell Ellis is holding a series of neighborhood meetings about his proposed 2010 DeKalb County budget. Two of these meetings are in our neck-of-the-woods, and one of them will be held tomorrow.

The CEO’s proposed budget includes a property tax increase.

I like and respect CEO Ellis, but believe very strongly that a property tax increase is the wrong answer to an economic downturn that continues to pinch all of us, not just the county goverment. Such a property tax hike only advances county spending that became bloated to excess after eight years of Vernon Jones. Think performing arts center (click for information), among many other things.

The CEO wants to hear from you. He should be commended for his willingness to come to our community to do so. If you want an opportunity to address him about the proposed property tax increase and about the county’s spending priorities, this is your chance.

Here are the dates, start times, and locations of the two meetings:

Tuesday, January 26, 2010
7:00 p.m.
Montgomery Elementary
3995 Ashford Dunwoody Rd.
Atlanta, GA 30319

Tuesday, February 16, 2010
7:00 p.m.
Torah Day School
1985 LaVista Rd. NE
Atlanta, GA 30329


Pages Needed for 2010 Legislative Session

January 25, 2010

The 2010 legislative session has begun and will run through March or April. Each year, I have ten (10) school-age children from House District 80 serve as pages for a day during the legislative session. Pages get to see the legislative process first-hand, receive an excused absence from school, have their photograph taken with their legislator and the Speaker of the House, and are provided lunch.

If your child would like to serve as a legislative page, please e-mail me at repjacobs@comcast.net and include in your e-mail message a telephone number where you can be reached. The ten spaces will be filled on a first-come, first-served basis and are only available to residents of House District 80. Please click here to view a map to determine whether you live in House District 80.


News Clip on Speaker Succession

December 8, 2009

Click here to see this blog featured on 11Alive News.

A “small chorus” singing the right tune made a big difference.


Making the Right Call

December 7, 2009

I just received the following from Speaker Pro Tem Mark Burkhalter:

“Given my responsibilities as Speaker Pro Tem, upon the official resignation of Speaker Richardson, I will call for an election the week we reconvene for the 2010 session of the Georgia General Assembly. Then you may elect a new Speaker who can take this job and be fully committed to it into the next decade.”

This is the right decision for the House of Representatives as an institution and for Georgia. Many of us expressed serious concerns. I am grateful that our concerns were heard and respected.


The Way Forward

December 7, 2009

Last week’s events shook citizens’ confidence in their legislature. I wish that was not the case because, like me, most legislators make the many sacrifices that accompany public service for the right reasons.

But we are where we are.

I hope that one thing is clear: To restore public confidence and put this fiasco behind us, the permanent successor to the current Speaker of the Georgia House of Representatives must be selected in a manner that is as swift, open, and transparent as possible.

The Georgia Constitution provides that Speaker Pro Tempore Mark Burkhalter will automatically become the Speaker of the House when Glenn Richardson’s resignation becomes effective on January 1. Then, the House Rules require that an election in the full House of Representatives be called within 120 days of the Speaker Pro Tem assuming the Speaker’s chair.

That election should occur on January 11, the first day of the 2010 legislative session, even though the rules allow for a transition period that could last through the end of the session. This is the only way we can begin to restore the public’s trust and “right the ship” that must be sailed through legislative waters which, in light of plummeting state revenues, already are fraught with peril.

Put another way, I agree with the widely circulated e-mail that members of the House Republican Caucus received from our colleague, Michael Harden. I am reposting it below in case you haven’t seen it:

Only An Election Allows The House To Move Forward
By Representative Michael Harden (R-Toccoa)

“By now, every Georgian knows that Speaker Glenn Richardson has resigned due to a truckload of personal problems. While I am glad he resigned, I also sincerely hope that he obtains the help he needs and finds peace in the years to come.

Now that this chapter is almost closed, it is time for the Georgia House of Representatives to move on and get back to the business of this state. Unemployment has surged across the state, especially in rural areas, impacting countless Georgia families. State revenues continue to decline damaging everything from public safety to public education. It is long past time we got back to doing what the people elected us to do.

However, we cannot truly move on and begin a fresh start until a new Speaker is fully and fairly elected by the entire House. We must have an election to truly close this chapter and move forward as a legislative body, and that election should happen before the General Assembly Session begins.

The process has worked as the Constitution intends. The Speaker Pro-Tempore will assume the duties of the office temporarily and has 120 days to call an election. However, the calendar undermines what the House needs to do to move past this episode.

Because Speaker Richardson is not officially resigning until January 1, the temporary Speaker could serve through the Session without calling for an election. The House would only have a temporary leader, not a fully respected one. This situation is not acceptable to me or to a significant number of my colleagues.

The longer we wait to hold a real election, the longer this drama will continue and the more damage it will do to the House and to our state.

With all the budget and policy challenges in these difficult times, Georgia needs a Speaker of the House with the full, unquestioned support of the House of Representatives.

Waiting until the end of the Session, or worse, having an election in the middle of a Session, only hinders the House’s ability to pass meaningful legislation and from an “inside baseball” perspective makes the House weaker in its negotiations with the other branches of state government.

We have nothing to fear from open, transparent, and honest government. Let us clear the air and start fresh by electing a Speaker with a clear mandate to lead.

Please do not misunderstand my purpose here. I am not opposed to our current leadership. If fact, I personally like them and voted for them. I would very seriously consider Mark Burkhalter or Jerry Keen if they offered themselves for Speaker. They are strong and capable leaders.

However, a temporary Speaker hurts the House and hurts our ability to govern effectively. There is not a legitimate reason to delay an election. The House can hold an election the first week in January or on the first day of the Session very easily. Then, and only then, will this chapter finally be closed and the House and the state it serves can finally move forward.”


Legislative Town Hall Meetings

November 9, 2009

The state legislators from our area are hosting a pair of town hall meetings this week. I hope you’ll be able to attend these meetings and let your elected officials know what’s on your mind.

Here are the details:

State Senator Dan Weber is hosting a town hall meeting tonight, Monday, November 9, at 7:00 p.m. in the Talmage Room of the Student Center at Oglethorpe University, 4484 Peachtree Road.

All of the senators and representatives who represent portions of DeKalb County will be hosting a public hearing this Thursday, November 12, at 7:00 p.m. in the Fellowship Hall of Chamblee United Methodist Church, 4147 Chamblee Dunwoody Road.

Neither meeting is restricted to any particular issues. All topics are “on the table” for discussion.

I am not able to attend tonight’s meeting because of a schedule conflict, but will be at Thursday’s meeting.


Time to Remake MARTA

October 20, 2009

My colleague, State Rep. Fran Millar (R-Dunwoody), wrote an outstanding op-ed column that ran in this past Sunday’s AJC.

It’s a little-known fact that I ride MARTA to work every so often, on days that I don’t have to take my kids to preschool or otherwise need to use my car. The short trip from either the Chamblee or Brookhaven station, near my home, to the Arts Center station, near my office, is very convenient and usually quicker than I-85.

MARTA cannot be sustained in the long-run on the backs of DeKalb and Fulton County taxpayers. Besides, the time is overdue to think about seamless comprehensive transit solutions that can operate across the entire Metro Atlanta region.

The upcoming debate for the 2010 legislative session over a transportation funding plan presents a rare and tremendous opportunity to explore these issues and remake MARTA.

I’m with Fran Millar on this one. With his permission, I am reprinting the unedited copy of his column that he sent to our colleagues in the State House. I’d like to hear what you think…

“For the past few years I have watched the frustration build with my neighbors and the metropolitan business community (ten counties) on the failure of our state government to deal with our transportation issues in a comprehensive manner.

To compound the problem we have now been told by Georgia State University that MARTA will probably be short $85 million in sales tax receipts for fiscal 2010 and over the next decade could be short $1.4 billion. In other words MARTA can not be financially viable in the long run with only Fulton and DeKalb as its source of primary funding.

2010 is an election year and politically it is imperative that the General Assembly give the public an opportunity to vote on a comprehensive transportation solution. In my opinion a regional approach with a sales tax component has the best chance of acceptance by the public. I know of no other statewide approach that has passed in recent years.

In 2009 we passed SB 200 which created a Planning Division in the Department of Transportation (DOT). The purpose of the Planning Division is to be responsible for planning and transportation (not just highways) policy in Georgia.

It is my intention in 2010 to add to SB 200 or any other approach a Public Transportation division under DOT with the director of that division also being appointed by the Governor. This director can be responsible for operating public transportation agencies in Georgia including MARTA.

At the same time, I plan to introduce local legislation in DeKalb and have one of my fellow members in Fulton do likewise to repeal the current MARTA Act.

Obviously there are details that need to be worked out with the state assuming the assets and liabilities of MARTA. Priority issues include operations and federal funding. Hopefully, in the not too distant future other transit systems such as Cobb and Gwinnett and agencies such as Georgia Regional Transportation Authority and Georgia State Road and Tollway Authority can be incorporated into this comprehensive approach.

Any comprehensive transportation solution voted on by the people requires a two-thirds vote by the House of Representatives and the Senate in order for the initiative to be placed on the ballot.

Local legislation requires a majority of the county representatives and the county senators to sign the bill and a majority vote in each chamber.

This is our one chance to get away from a Department of Highways and have a meaningful Department of Transportation. With this new MARTA financial data, any reasonable person must conclude that Fulton and DeKalb can no longer carry this burden alone. I would hope Fulton and DeKalb representatives and senators would agree with me and insist that MARTA be folded into any comprehensive transit solution.

Furthermore, per Georgia State University, metro Atlanta (ten counties) generates 53 percent of the state income and receives 37 percent of the state’s spending. If metro Atlanta’s physical infrastructure can not allow further growth and/or our competitive position deteriorates, then the balance of our state will not continue to receive this additional funding over what they collect.

This alone should be the necessary incentive for non-metro legislators to support the creation of this public transportation division under DOT and a regional transportation solution with a sales tax component.

No great city in our country (New York, Chicago, Washington, San Francisco) relies only on highways. We either seize the initiative now or in the not too distant future explain to our children why Atlanta is no longer the Capitol of the South. Remember when we were the financial headquarters of the South?

I urge you to contact your representatives and senators and voice your support for this approach. The time to act is now.”

Representative Fran Millar


Brookhaven Arts Festival

October 16, 2009

The Brookhaven Arts Festival is this Saturday and Sunday, October 17 and 18, on Apple Valley Road behind the Brookhaven MARTA Station. Admission is free. Evan and I enjoy strolling through this festival every year and have artwork from the event hanging in our home. Visit www.brookhavenartsalliance.com for more information.


Taxpayers Hit Grand Slam, Development Authority Strikes Out

October 1, 2009

The Georgia Supreme Court has issued its ruling in a case involving the issuance of bonds to fund construction of the county’s now-completed Porter Sanford III Performing Arts and Community Center (click for information about this facility) near I-20.

The result is a big win for DeKalb taxpayers. You can read more about it in the Atlanta Business Chronicle and on Jim Walls’ Atlanta Unfiltered blog (click for links).

I brought a legal challenge to the issuance of these bonds because it would have violated a law I passed in 2007 that gave you the right to vote on a particular type of bond transaction known as a “backdoor general obligation” or “backdoor G.O.” transaction. It’s called “backdoor G.O.” because it involves the use of an independent government entity known as an “authority” to sell bonds to construct a public building (here, the Arts Center) and then lease the project back to the county, thus avoiding the county having to do a traditional “general obligation” bond issue which requires a voter referendum. You wouldn’t have the right to vote on it, but nevertheless your tax dollars would be used to pay the principal and interest on the bonds.

Rather than comply with the law and let you vote on the bonds, the DeKalb Development Authority decided to challenge the constitutionality of the law by attempting to conduct a “backdoor G.O.” bond issue for the Arts Center without a referendum. This forced me to stand up for your right to vote by challenging the bond issue in court.

Chief Justice Carol Hunstein wrote for a unanimous Supreme Court finding that the referendum requirement complies with the Georgia Constitution and should have been followed. Here are links to PDF copies of the full Supreme Court opinion and my brief that was filed in the case. The Supreme Court affirmed a well-written trial court ruling by DeKalb Superior Court Judge Dan Coursey.

One interesting point suggested by Chief Justice Hunstein in the first footnote on pages 3 and 4 of the Supreme Court opinion is that the referendum requirement could apply not only to the “backdoor G.O.” bond transactions of the Development Authority, but also to the run-of-the-mill private bond transactions of the Development Authority. Think “Town Brookhaven” and the various proposals for the shuttered Doraville GM plant. Even the Sembler tax abatement that was rushed through at the end of 2008 might have required a referendum and could have been challenged.

That was never my intent for the referendum requirement, but the law the General Assembly passed in 2007 was worded very broadly because we never anticipated that the Development Authority, which is intended to help fund private projects, would be abused by the county to build a plain old public building like a performing arts center. In fact, there is an unrelated Georgia Supreme Court case (Haney v. Development Authority of Bremen, for you lawyers out there) that says development authorities can’t be used to build plain-vanilla public facilities.

During this year’s legislative session, I noticed the problem that the referendum requirement could apply to the Development Authority’s private bond deals and tried to fix it with new legislation, House Bill 203 (click for more information). However, the Development Authority and a small handful of DeKalb legislators worked to block HB 203 in the hopes that the Supreme Court would later strike down the entire statute. The bill languished in committee, but still remains available for consideration during the 2010 legislative session. As it turns out, its detractors threw a Hail Mary pass that the other team intercepted and ran back for a touchdown (and I promise that’s my last sports analogy in this article).

In light of recent overreaching with respect to Development Authority tax abatements (click for news article), I’m not as convinced that the broad sweep of the 2007 law is as problematic as I once thought it was. We probably should amend the 2007 law to make it narrower, while keeping the referendum requirement for “backdoor G.O.” bond deals. However, I also believe this is an excellent opportunity to require that elected officials accountable to the voters make the final decision on the Development Authority’s tax abatement deals. On this point, I’d like to hear your thoughts.

I donated more than two weeks of legal work writing briefs in the Supreme Court and the trial court in the Arts Center bond case. The county, the Development Authority, and its lawyers from a large Atlanta law firm spent a lot of time, and sadly, your tax dollars, on the case. Next time, here’s hoping the county will just follow the law and save both of us the effort.


Energy & Water Efficient Sales Tax Holiday

October 1, 2009

This is a friendly reminder that Thursday, October 1, through Sunday, October 4, is Georgia’s sales tax holiday for energy efficient and water efficient products. Products exempt from the usual 7% DeKalb County sales tax include “Energy Star” refrigerators, washers and dryers, and other major appliances, ceiling fans, windows and doors, fluorescent light bulbs, and low-flow bathroom fixtures and showerheads.