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There appear to be more foxes guarding Florida henhouses than chickens in them.
Apparently Florida Speaker of the House Allan Bense is one sly fox that doesn't think that the public should have the right to amend the state Constitution and he's going to make them pay to deny themselves the right to put the issue on the ballot.
Simply put, the Florida legislature leaders who are supposed to be protecting the rights of the public and be the guardians and watchdog of ethics laws are trampling all over the public trust and engaged in their own violations of ethics laws.
The Florida Ethics Commission needs to take a hard look at Allan Bense.
Bense has been blocking impeachment proceedings for months of George W. Greer, Sixth Judicial Circuit Court judge. Bense hasn't been upholding the state Constitution as it's written now and he wants to be sure it's not amended so that the incumbent protection plan of his Republican cronies remains intact.
Public records indicate that Greer, the judge, jury and executioner of disabled Terri Schiavo, 41, has never legally qualifed for the judicial office he claims since 1991 and therefore has no legal title to the office.
Greer has also allegedly violated numerous sections of Florida statutory law relating to guardianship as well as election law and campaign finance law, including illegal campaign contributions in his 2004 reelection effort.
In Florida, circuit court judges such as Greer are subject to removal from office by Legislative impeachment for misdemeanors in office pursuant to Article III, Section 17 of the state Constitution. Bense is required by law to initiate the steps to impeachment once a formal accusation has been filed to base doubt on, specifically to challenge the credibility or validity of the person in question.
We know that "formal accusation" has been filed, in fact, more than one with supporting documentation.
The House by a two thirds vote has the power to impeach a circuit court judge and the speaker of the house-Bense-has the power at any time to appoint a committee to investigate charges against any officer subject to impeachment.
So why hasn't Bense performed the duties he is legally mandated to perform in regard to the impeachment of Greer? Why hasn't he appointed a legislative committee to investigate Greer?
Probably because Bense is too busy spending taxpayer's money in trying to deny them open government, their right to due process, to petition government for redress of grievances, their right to decide if the Legislature should be stripped of its power to draw political districts and instead allow an independent commission to do so.
Bense wants to spend $50,000 of the taxpayers' own money to try and block them from voting on the redistricting issue and that's wrong---very wrong. It's exercising the power of taxation to take away the people's fundamental rights. The choice is that of the voters, not Bense. Bense told his fellow House members in an e-mail that he feels it is his "responsibility as speaker to protect our institution and the people of Florida" because the ballot initiative would "dramatically" shift power away from the Legislature---and Bense. Who's Bense representing anyway, himself or the people that elected him.
Never mind that question. We already know the answer.
If Bense feels so strongly about it, he should use his own money to pay for a lawyer instead of expecting the taxpayers to pay for taking decisions away from themselves and placing them in your hands. Maybe Bense needs a civics lesson about the will of the people-that he was elected to represent the people---not do what's good for him and send the bill to his constituents. Gee, next thing you know Bense will want to bypass the democratic process altogether and abdicate elections---just put himself on the ballot and declare himself the winner.
Bense apparently didn't even bother to ask the rest of the Legislature for authority to hire attorney George Meros, a redistricting expert, to oppose the formation of an independent commission which would have the power to draw political districts.
Meros and his firm represented the Bush/Cheney campaign in the 2000 Florida election battle and also represent Gov. Jeb Bush in pending litigation.
The Tampa-based Committee for Fair Elections wants to get a constitutional amendment before voters in next year's election. They say that competitive legislative elections are virtually non-existent because of gerrymandered districts leading to a Republican controlled Legislature in a state where there are more registered Democrats than Republicans. The committee is backed by Common Cause, Florida AARP, Democrats Bob Graham and Betty Castor and several former GOP officials. The group has collected more than half a million signatures towards the 611,000 needed to get three proposed amendments on the ballot in 2006.
The House, Senate and three Republican members of Congress from Miami petitioned the Florida Supreme Court last week in an effort to stop the proposal from reaching the ballot. While Senate President Tom Lee said he "could not justify" spending public money to thwart the public from deciding the issue, Bense apparently had no qualms about making the public pay for a top GOP lawyer to attempt to block the public from voting on redistricting and to place the issue of districting in the hands of a impartial commission rather than the foxes in the Legislative henhouse.
The question before the court is if the ballot proposal as presented by the Committee for Fair Elections is clearly written and focuses only on one subject.
Bense's and the House's argument is that proposal should be voided because it allegedly deals with two issues-creation of a redistricting commission and new standards for drawing future districts.
If Bense is allowed to get away with this one, where else and on what issue will he use the public's money to violate their constitutional rights and deny them their right to petition to change their government.
Democracy is government of the people, by the people and for the people---not Allan Bense.
10-30-05
© 2005 North
Country Gazette
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