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Tuesday, July 15, 2008 8:43 PM CDT
LETTER: City's effort to evict sick veteran at Lake Charleston was act of 'vindictiveness'



Most of the time, vindictiveness can be a tricky thing to substantiate... most of the time. However, in the span of just two days, a set of events has come to pass that strains reasonable doubt and mocks all charitable presumptions of innocence or happenstance — especially against a backdrop of multiple testimonies that describe very similar experiences.

In short, a pattern has become well-established, obvious and predictable.

On Thursday, 10 July, a letter to the editor appeared in the JG-TC, authored by R. Sandy Patterson, titled: “Remodel city hall at upcoming elections.” That letter was critical of the City of Charleston’s judgement regarding the considerable taxpayer expense to remodel City Hall while other matters that would seem more worthy of “service-to-the-community” consideration seem to have been set aside. Mr. Patterson mentioned City Manager Scott Smith in particular in that critique.

The following morning, 11 July, a City of Charleston police officer knocked on Mr. Patterson’s door at Lake Charleston and served him with a 5-Day Eviction Notice signed by City Attorney Brian Bower and initiated by City Manager Scott Smith.

Anyone who believes those two events to be coincidental and unrelated probably already owns stock in several bridges.

Mr. Patterson is a decorated military veteran, now retired with a heart condition, whose sole source of income is Social Security Disability. Friends and neighbors are being been notified about this seemingly vindictive action initiated by the city manager and are pitching in to cover the balance of his lot rent prior to the eviction date.

Additionally, a fundraiser is in the works to help Mr. Patterson retain legal counsel to address what he and several others would claim to be a long-running pattern of apparent misconduct emanating from Charleston’s City Hall.

Mr. Patterson’s letter alluded to the need to “remodel” the mayor’s office, the city manager’s office, the city council chambers and that of the city attorney. Duly noted is that the April elections are approaching. Those standing for reelection may be well advised to consider a bit of house-cleaning before the real “remodelers” (of government) come rolling in to the polls.

There is MUCH more to this unseemly story than space here will allow. Watch for notice of the upcoming fundraiser at which various testimonies of official misconduct claims will be aired and, with luck, scandal expose’ features in area broadcast and print media. Enough is enough.

Steve Harrison

Charleston


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eugene wrote on Jul 15, 2008 10:12 PM:

" I agree completely that the city council and city manger need to be replaced by some people that know how to correctly run a city and get rid of the " good ole boy " way of doing things. What do you expect when the current city manager was hired he was a parks & recreation employee. We have too many peple on the city council that are biased in their votes and then when one of their friends has something up for a vote I noticed they don't attend that council meeting for some reason. "

Early Bird wrote on Jul 16, 2008 5:49 AM:

" It's pretty obvious that the eviction notice was the result of some criticism of an official at city hall in Charleston.

Perhaps there is more to the story than we are being told.

If there isn't, this was a very cowardly act on the part of the city manager of Charleston. This sounds like the act of a bully or a very revengeful person. I would add that this is not the first time I have heard of something like this, on the part of Mr Smith.

Our friend Tom Andres talks a lot about people using pseudonyms while posting on this site, but after reading this story, perhaps Tom, and others who make the same complaint, will see why some choose to do that.

It has become increasingly more obvious that the elected and appointed officials in both Mattoon and Charleston stayed tuned to this website, so that would seem to make this a good place for people to call them out for their actions, or in cases like the weed situation at lake Paradise, their lack of actions.

After this inexcusable situation, that is the revengeful action taken with Mr Patterson, I would suggest that folks continue to post anonymously, especially if they are criticizing our local officials. "

Responsible Party wrote on Jul 16, 2008 12:07 PM:

" I have been hearing very reliable reports of Scott Smith's excessive spending and vindictive behavior for years...do you think that maybe the qualifications for this overtly powerful position could include the word "adult"? That would be a big step forward. If the new wording were immediately implemented, Smith would be gone....oh, wait---he doesn't meet the qualifications now and it still her....nevermind. "

Billie Brant wrote on Jul 16, 2008 3:18 PM:

" I don't know much about this whole business, but I do know the writer of this letter. Steve's been a close family friend for many years and he "calls'em as he sees'em"! I have a feeling he did his research. "

Raptor wrote on Jul 17, 2008 8:09 AM:

" It has been my experience that Scott Smith is very effective at his job. He is also passionate about his endeavors. While we are fortunate to have him as the city manager, I implore caution to the Charleston constituency regarding our officials power. The move to Home Rule will give the "Fab 5" (mayor, attorney, manager and 2 city planners) more police powers. Perhaps Mr. Patterson will end up in jail for exercising his rights when we get Home Rule. I encourage active participation in the process of government. Hopefully the talk on this message board will translate into action. "

The Question wrote on Jul 17, 2008 10:02 AM:

" Raptor is right. This situation does make an excellent argument against home rule powers. "

Tuco wrote on Jul 17, 2008 10:28 AM:

" Raptor -- Providing that the job description of City Manager includes running roughshod over citizens to attain even personal whim results and using the full weight of that office (by, for instance, dispatching a police officer to deliver a due bill on lot rent) to intimidate and silence any opposition, then yes, I'd agree with you that Scott Smith has gone about that business with zeal, industry and passion.

It is fortunate that your personal experience in dealings with our City Manager has been positive; though you may find yourself to be in a minority in that regard. Not all feel so fortunate as you describe.

On the issue of Home Rule, I couldn't agree more. Home Rule would play right into the old adage of "Power corrupts -- absolute power corrupts absolutely." Best to stick with at least some semblance of the Constitutional model where the Rule of Law (supposedly) forestalls the use of official powers to satisfy personal notions, wishes and pleasures. No troupe of characters should be trusted with the powers Home Rule would provide; especially with the cast of characters we have aboard at present. Better to remain Citizens than to become Loyal (docile, cowed, powerless and muted) Subjects. "

HisChild wrote on Jul 17, 2008 12:06 PM:

" "Some hearts, like evening primroses, open more beautifully in the shadows of life." "

krusayda wrote on Jul 17, 2008 1:19 PM:

" You know what the Lord said." Vengance is mine" ......
watch out those whom taunt a sick veteran. Your day will come and it will not be pleasant. "

Responsible Party wrote on Jul 17, 2008 1:27 PM:

" The issue of home rule is a scary one. It will be very important to make voters aware of the "unspun truth" of such a move.

As you said, Raptor, Smith is passionate---as long as it is something that he wants. Home rule means more power and, mark my words, Smith will be spin-doctoring the pee-wadding out of the issue. Home rule will be portrayed as the most wonderful opportunity to ever cross our paths...it will benefit all...(and, drum roll, the biggest lie) it won't cost anything!!!

You do remember the pool, don't you? It didn't cost anything...just all the monies that had previously been publicly committed to infrastructure---hence the state of our streets.

Raptor...you've never been "Smithed", and I wouldn't wish that on anyone, but I think you are enchanted by the tornado and are overlooking its destruction. "

Becky wrote on Jul 17, 2008 3:18 PM:

" Mattoon, heads up! Is this the kind of city government we want? Not me, thank you very much. I think Mr Patterson has opened quite a few eyes with his story. You have our thanks Mr. Patterson for your strengths and your convictions. And it seems like you have many, many friends coming to your aid. Good luck! "

Late Bird wrote on Jul 18, 2008 9:55 AM:

" 'ENOUGH IS ENOUGH!'
What a funny word Enough is.
Steve Harrison, I like your style! "

Tom Andres wrote on Jul 18, 2008 10:20 AM:

" Early Bird, your point on the pseudonyms issue doesnt hold water - even in this situation. Sandy Patterson's protest could not have been made anonymously. Exposing Smith's supposed vindictiveness could have been done anonymously (and has been), but if Pattersons charges had been made anonymously, he would not have been taken seriously. I have a feeling that Mr. Patterson is used to direct confrontations with his detractors and foes. More power to him!

In the real world, apart from city manager environments, an insurance company sees the falling tree situation quite differently from the way Smith sees it. In the real world, if a tree belonging to an adjacent property owner falls and damages a neighbors property, and if that tree fell because it was not a healthy tree, the tree owner is held liable. It is the tree owners legal responsibility to maintain the health of the tree, or remove it before it causes damage to others. On the other hand, if the tree that fell was a healthy tree that was blown down in a storm, its considered an act of God and the homeowner is indeed required to do the repairs to his property as his own expense (or to file a claim with his own insurance company).

Ask any competent property and casualty insurance agent. He or she will tell you that, if the tree was unhealthy, the city should have paid for Pattersons damage. I suspect Smith knows this, and I suspect the citys self-insured deductible for liability coverage is much higher than the $2,000 cost of repair. What I think it boils down to is that Smith simply doesnt like Patterson and Smith has put Patterson in a position where he must spend thousands in legal expenses to force the city to do the right thing. Even if the lease does contain language requiring a non-expert to be able to recognize an unhealthy tree, that language would surely be ruled invalid in a court of law. The average citizen cannot be expected to evaluate the health of a tree. The problem is Patterson cant afford the trip to the courtroom, and Smith knows that! "

The Question wrote on Jul 18, 2008 1:54 PM:

" The Supreme Court has ruled that anonymous speech, an American tradition that dates back to the Revolutionary War era, is protected with or without fear of retribution.
In McIntyre v. Ohio Elections Commission, the Court found that "[t]he decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible... Accordingly, an author's decision to remain anonymous... is an aspect of freedom of speech protected by the First Amendment." "

1 cav wrote on Jul 18, 2008 3:47 PM:

" Good Letter Mr. Harrison.
I hope it gets good results. "

Equalizer wrote on Jul 18, 2008 7:11 PM:

" http://en.wikipedia.org/wiki/Tuco_(the_Ugly) "

Harry Potter wrote on Jul 18, 2008 7:57 PM:

" Considering that over 99 percent of those who post on here use a pseudonym, I would say you are in a minority with your thinking Tom.

As a matter of fact I have noticed several people supporting the idea of posting anonymously, while you seem to be the only one who ever complains. Well you, and now Harry who refers to those who use this site as cowards. LOL!

It looks like even the old gasbag himself, Bryant L isn't supporting you on this one. And I thought you right wingers were usually in sync on most issues. If you and I ever agree on anything, old Bryant will swear we are one in the same. LOL! "

Tom Andres wrote on Jul 18, 2008 10:05 PM:

" "If you and I ever agree on anything, old Bryant will swear we are one in the same. LOL!" Neva happen, GI. "

granny wrote on Jul 18, 2008 10:32 PM:

" I want to comment on something that I witnessed today while driving my car down 14th street where Harrison and 14th Y. I saw a person in an electric wheelchair being forced to drive in the road because of the poor condition of the sidwalks in that area, as well as many other areas in this town. I slowed and moved over to allow them room, but this is a narrow road, and has a curve that is dangerous. This person was having trouble even driving in the road as the condition of the road is as bad as the sidwalk. This road is also a very busy road. A few days ago I also saw a blind gentleman trying to walk on the sidewalk, but struggling because of the condition of the sidewalk. I do not live on this road, but I do use it often. I find it rather riduculous that we can spend thousands of dollars on a renovation of City Hall, and yet the city cannot repair and replace the sidewalks, and roads in town to make them safe not only for the disabled, but for our children.

In the area that I live there are no sidewalks at all, nor curbs and guttering. My neighbors and I pay taxes the same as everyone else here, but just do not have the same amenities. I believe our tax dollars could have been spent more wisely than on the renovation of City Hall.

A couple of the reasons given for the renovation was for first impressions, and to make the building accessable to the disabled. I am sure that there are a few prospective business owners, and others that do visit City Hall, but overall I feel sure that most visiters to Charleston do not come to town to visit City Hall. We don't get many new businesses here, and more businesses seem to be leaving than coming into Charleston. What most visiters see is Lincoln Avenue with all of the empty buildings that are in worse shape than City Hall was to begin with. As for the building being accessible to the diabled, City Hall should be accessible to them as well as everyone else. The problem lies in getting to City Hall without getting hurt because of the condition of the sidewalks, and roads.

I do not know Scott Smith, but just from my own observations I think he has had his chance and it hasn't worked out. As for the Mayor, I really had high hopes when he was elected, but those hopes are about gone. It is obvious that our City Leaders do not care about the disabled when they can send an eviction notice to Mr. Patterson. It is time for some change here in Charleston. I think the best place to start would be with City Hall. The City Manager form of government just doesn't work, at least not with the City Manager we have here. "

Tuco wrote on Jul 18, 2008 10:53 PM:

" Tom Andres makes a VERY interesting point when he says: "Even if the lease does contain language requiring a non-expert to be able to recognize an unhealthy tree, that language would surely be ruled invalid in a court of law. The average citizen cannot be expected to evaluate the health of a tree."

The Patterson situation may set an interesting precedent -- If a tree on city-owned property, be it on the Lake Island or in town on a city boulevard, topples onto a privately-owned vehicle or structure, will it be deemed by the City to have been an "act of God," thus relieving the City of any liability, IF that tree had not been previously reported as having the potential to do such damage?

After all, if Mr. Patterson is to be held responsible for being botanist enough, or psychic enough, that he should have called that tree to the attention of the City Manager prior to its falling, can anyone risk NOT calling in every city-owned tree that might hold some potential for doing damage to private property should it happen to fall?

Who among us can diagnose heart rot in a soft maple at 20 paces? No matter how healthy a tree may appear to the non-arborist citizen, it could be grossly weakened by some old lightning damage, or by some insidious borer, and be just waiting for the next little gust to come crashing down on that citizen's property.

Nutshell: As this new precedent would seem to establish, if ANY City-owned tree within reach of private property is not reported as a potential hazard, it'll be deemed an act of God if it comes down, or drops a limb, and does damage to private property.

Better make that call to City Hall now. Storm clouds have been sighted on the horizon. "

Responsible Party wrote on Jul 18, 2008 11:31 PM:

" What are you, Tuco...a mind reader? I just made the "call early and often" suggestion on the blog after Harry's article. You and I seem to think alike---and you should be very afraid. "

Responsible Party wrote on Jul 19, 2008 9:32 AM:

" "granny" says it well.

We need to keep this going. The misdirected spending is rampant in this town. What will happen when the funds run out. Another big auction to dispose of "excess" equipment and then a rebuy of the same equipment with borrowed funds? "

 



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