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Deadbeat Politician!
Money Spent on Perks and Furthering the Police State Instead of Fulfilling Responsibilities
You’d Think a Sick Man Would Have Some Empathy
Yeah, I know, pretty much business as usual for Oklahoma politicians but once again Oklahoma County Sheriff John Whetsel proves how low his personal character can go.
While sitting in Florida for much of his time Sheriff John Whetsel isn’t at all concerned with the prisoners in his jail.  He sure can’t hear them from where he is and he sure can’t see them so out of sight, out of mind.     But Whetsel’s mismanagement has led to another lawsuit from the OU Medical Center for millions in unpaid Oklahoma County inmates medical bills.
The lawsuit has escalated all the way to the state Supreme Court after a district judge ruled that although Whetsel has a constitutional duty to provide medical care for his inmates, there is no duty for Whetsel to actually pay for the medical care.   Which is about the most asinine court ruling possible.    If you come before this judge on a traffic ticket are you going to be able to argue that yes, you were speeding and deserved the ticket, but no, you aren’t going to pay the ticket because there is no duty that forces you to pay the state?
The three million dollars in unpaid bills started in April of 2013 after lawsuits in 2005 and 2010 that resulted in a pay out of eight million dollars from Oklahoma County.  Seems Sheriff Whetsel likes to run up  his bills and force people to sue him to obtain payment.  Sure stretches the budget as long as the taxpayers are on the hook for the money. So far the Sheriff’s department has paid less than one tenth of the amount billed for inmate medical care.
Of course Whetsel has fine tuned another method of dumping the medical costs onto the public; medical OR or medical Own Recognizes, which is a fancy way of saying “Yes you are a criminal and we owe the victim and society to keep you in jail but that would cost us some money so we are dumping you off at the local hospital.”
Whetsel and Oklahoma County are aware that they owe the money because when they lost one of the previous lawsuits with OU Medical Center the Oklahoma Supreme Court ruled that the sheriff and county did in fact have to provide medical care for inmates including any pre existing conditions.   A year later SB811 was passed that shifted the responsibility to the inmate but back in 1976 Estelle vs. Gamble was decided by the U.S.
Supreme Court and serious medical needs of prisoners became a state responsibility.  The reasoning was the indifference to medical suffering created a cruel and unusual punishment and therefore was prohibited by the U.S. Constitution.
Later, in Revere vs. Massachusetts General Hospital the Court declared that the apportionment of the costs was left to state law but it also ruled “If of course the governmental entity can obtain the medical care needed for a detainee only by paying for it, then it must pay.”
Whetsel is no doubt relying upon the 2008 SB811 statute and by simply delivering the inmate to the hospital he thinks he washes his hands of the matter.    However higher court decisions since Revere vs. Massachusetts have followed the law. Specifically in the 2nd Circuit Court case of Archer vs. Dutcher they ruled that a prisoner that lost a baby due to insufficient medical care could sue for denial of Constitutional rights and the eleventh circuit court ruled  in Ancata vs. Prison Health Services that placing financial considerations above prisoner medical needs met the standard for deliberate indifference and was grounds for the violation of civil rights under the 8th Amendment.
Both individuals and businesses are protected by the U.S. and Oklahoma Constitutions from having their property appropriated without payment.    Sheriff John Whetsel can no more force O.U. Medical Center to pay for the inmate care than he could waltz into Sams Club and commandeer food for feeding inmates.   Nor could he invade your home and commandeer food out of your pantry in order to feed prisoners.
The 2007 lawsuit decision made it very clear that while both the sheriff and individual were both liable medical costs of prisoners that did not release the sheriff from having to pay for the medical care.    The sheriff has the right to collect from the prisoner by civil suit for any medical bills for preexisting conditions but the Oklahoma Supreme Court left no doubt that the sheriff must pay the medical bills.
This Oklahoma County District judge was clearly wrong about Whetsel hot having a duty to pay for the medical care and he was also wrong in dismissing Whetsel from the lawsuit.   Federal Circuit Courts have ruled many times that ANYONE that is involved in a inmate medical case is liable in a civil rights lawsuit, from the medical assistant at the jail down to the nurses and doctors that refused to provide medical care.   The problem isn’t Oklahoma County; it is the deadbeat politician that runs the jail while sitting at home in his Florida condo while drawing a fat paycheck from the taxpayers of Oklahoma County.
GOP Party Chairman Race Part Three
By the Watchman
The third candidate in the race for the GOP Chair for the State of Oklahoma has been around Oklahoma politics for a good many years and is in fact a former state senator.  Senator Brogdon brings a little more to the table than just what organizations he’s worked for within the party, he’s actually worked for the people of Oklahoma as a Senator and thus has a voting record we can look at along with campaign finance reports.
The first article that caught our interest was this one from the 2010 Gubernatorial Primary written by of the Comanche tribe. This lone article attests to the character of Senator Brogdon. If you read nothing else in this article, you must read this one article in this link. It truly attests to the character of the man.
We next went to his campaign web site to see what information was available there. The first item of interest was this. This article explains his political career and what he did after his defeat in the race for the Governor’s chair. In addition it goes into some details about his family life.
We next found this article on the Campaign Web Site. This is the first candidate we found that actually listed a plan on their campaign web site. After reviewing his plan, we found them to be consistent with how he was as a sitting Senator. Very Conservative in nature and designed to stick to the party principals and platform. This is something we’ve found to be refreshing in a candidate.
The next item of interest we found was this. This goes into a little more detail about the Senator’s life both political and personal. He is well versed on the ins and outs of Republican politics, but has always remained a strong voice for the Conservative Republicans.
Then we found this extremely important article. The Okie Blaze did a detailed interview with Senator Brogdon that was published on February 15, 2015 that really gives you an insight into the man and how he thinks. In this interview he lists his priorities as Chair of the GOP in Oklahoma. Task like enforce and uphold the rules of the party disseminate information to all in the party, assist in National and State Campaigns and work to restore confidence in the Republican Platform. Those are words we haven’t seen from any candidate in a long while.
As the Senator has a record other than working for the Party in various jobs, we went to to see what information was available there.  We next took a look at the issues and positions page of the report. There we found Senator Brogdon was one of a few politicians to complete what they refer to as the Political Courage Test. In all fairness we should tell the readers in advance that these results were from 2006. Here are but a few examples.
Taxes- Eliminate or Decrease across the board.
Supports the current term limits
Crime- Tough on Crime
Well it just goes on and on and in a lot more detail than we can go into here. We encourage you to visit the site and review the contents for yourself.
We next went to the Ratings and Endorsement page. The thing to remember here under the Business and Consumer Heading is the Higher the number, the worse off for the Consumer.
We next went to to see what they had on his campaign finances. We found it strange that a senator running for re-election would receive no campaign support from the State GOP. The only explanation we could think of was that the Senator was getting in the way of the graft and bribes being paid regularly at the Capital. We were also unable to find any donations from Unions. There were donations from a few Institutions and Companies, but none of them were major players in Oklahoma politics. It seems the vast majority of his campaign funds came from private donations.
We next went to his voting records page. There we found every reason to believe that Senator Brogdon is a true Conservative Leader in our state. His voting record only appears to have dropped his last year in office when it coincided with his run for Governor. He does in fact have a ninety three percent (93%) conservative voting record. What more could you ask for.
So there you have it folks. You now have the pertinent information on all three candidates for the office of Chair of the Oklahoma State GOP. You have the current Chair who has acted more like Attila the Hun than a Party Chairman, and after 2 years of on the job raining still can’t get the rules right. You have Mrs. Pollard who failed miserably as Vice-Chair for the Party which led to the debacle at the 2012 state Convention and then there’s Senator Brogdon who is a proven conservative leader who is the only candidate that has a plan to bring the Oklahoma State GOP out of the laughing stock it currently is, and into the shining example it should be.
Once Again a Reminder of the Quality of Oklahoma State Senators
Coates’s Provides Fashion Show featuring Hanes Tee Shirts in Mug Shots
Now, how did he do this?   Not like the look so he requested a wardrobe change?
Senator Harry Coates termed out last year and he celebrated while driving down to Texas where the drunk was quickly arrested with three times the legal blood alcohol content.  Officers noticed that he was driving erratically and showed other signs of being drunk. Our upstanding senator was arrested for driving while intoxicated and is now serving an 18 month probation.

He pleaded guilty in January at the Grayson County, Texas, Court at Law to the DWI charge.  Coates paid $889.00 in fines and court costs, must perform 80 hours of community service, and has to have an interlock device installed on his car.
Oklahoma is proud of you Harry.
No Insurance, No Problem
By Ms PM
Why do responsible drivers find a way to pay for their auto insurance? In turn why do uninsured drivers expect someone else to have higher premiums because they exempt themselves from the law?
Oklahoma has moved into the number one spot for the most uninsured motorist than any other state.  Our goal is to find out why.
One in four drivers (25.9 %) are uninsured. Why do we have a law that states you have to have insurance but then not enforced? Insurance commissioner John Doak’s Temporary Motorist Liability Program was supposed to help the situation. “The law gives police an option. Instead of impounding an uninsured driver’s car, an officer now can remove the car’s tag and replace it with a special, temporary tag which immediately insures the car for ten days."
We doubt the program can actually work because of the “after the fact” way it’s set up. After a driver is stopped and they can’t prove they have insurance, the fact is they get to drive away with temporary insurance in hope they will finally purchase an insurance policy. Exactly who was paying for this 10 day insurance? We contacted the OK insurance commission and were referred to the legal department. Julie only knew of Red Rock Insurance because she worked on it. Red Rock went out of business. We were referred to Susan and found that Imperial Fire and Casualty does have the bid for this 10 day insurance. Contacting Imperial for clarification this is what we were told. The uninsured pay for the 10 day insurance but only if they decide to get legal and follow the law. In the conversation Imperial had not paid out any claims (because they know the law isn’t enforced) so it was worthwhile to be on the hook, the odds they felt were in their favor after all, few tags had been confiscated.
Commissioner Doak said a law similar to his worked in Louisiana. We don’t know that it worked because Louisiana sits at 13.9% for uninsured drivers
We don’t know the percentage where Louisiana was before the law went into effect. It could have helped lower the uninsured and lowering the uninsured in Oklahoma would be the better option. Doak also said he thinks it will work here…if law enforcement were on board.
Going back to the original article we ask if police should bring their tool bag in case they have to remove a tag. We’re not sure if “tag” means the license plate or the “sticker” on the license plate. When watching News 9 on TV about this article, the anchor held up something that looked like a license plate that would be used in place of the original plate. Are police to be expected to bend down and put their concentration toward removing a rusted plate in a stop? Isn’t it probable that the driver could become irate? It is too bad that Doak wants to use a half-baked law and blame law enforcement for the high rate of uninsured because police don’t want to participate in this “take the tag” scheme. Doak isn’t any different than any lawmaker when he points the finger trying to escape responsibility.
This program has been in effect from November 2013 and less than half of the 77 counties in Oklahoma took any tags. Cleveland County has never used the law. Doak said “we just need more time.” Are we to believe we need to allow a longer time span for the uninsured to plow into an insured driver and have the insured driver deal with the carnage placed on their family and the burden of replacing or fixing their vehicle? Do we go to the uninsured to take care of our family if we’re not able to work? Should we go to Doak and ask for his help because of this pea-brain law? Why are we expected to increase our odds of being injured because lawmakers will not address the problem?
The first discrepancy in the process was in the news 9 article when it said the officer can remove the tag and replace it with what looked like a temporary plate.
The second discrepancy is Section B of the Oklahoma statute sent to us by State Representative Kevin Wallace’s office. “b. seize the license plate of the vehicle and issue the citation to the vehicle operator, provided that the vehicle is in a drivable condition at the time of issuing the citation. A copy of the citation retained by the owner or operator of the vehicle shall serve as the temporary license plate of the vehicle for up to ten (10) calendar days after the issuance of the citation. After ten (10) calendar days, the vehicle shall not be used until the vehicle operator or owner completes the requirements to retrieve the license plate.”
 Which procedure are the police to follow? This appears to be more bureaucracy, complicated to the point of no return and a clear case of the left hand not knowing what the right hand is doing. 
From this article we compared the 10 poorest states, percentage of uninsured motorist and the percentage rate of the 2014 unemployment statistics.
1-Mississippi (22.9) (7.2)
2-Arkansas (15.9) (5.7)
3-W. Virginia (8.4) (6.0)
4-Alabama (19.6) (5.7)
5-Kentucky (15.8) (5.7)
6-New Mexico (21.6) (6.1)
7-Tennessee (20.1) (6.6)
8-Lousiana (13.9) (6.7)
9-S. Carolina (7.7) (6.5)
10-Oklahoma (25.9) (4.2)
The legal department made the statement to us that “there are a lot of poor people in Oklahoma,” as if to imply they should get a pass when breaking the law. At the least this worn out excuse is used for not addressing the problem.
Every person we talked to said that it is up to legislatures to fix this problem. When I talked to Kevin Wallace’s office, my state representative, the only help was to email the statute for me to look at for clarity. It is very clear that lawmakers do not want to address this problem. Why are the tough problems ignored?
Oklahoma comes in as the least poor state in this list of 10, has the highest uninsured and the lowest unemployed rate. What does this tell you other than Oklahoma isn’t as poor as the other 9 states, has the best opportunity to find work and the people here choose to spend money elsewhere because they know they can get away with it. The way it’s set up you will always pay for them.
We believe it is high time to fix this. Everyone pays a higher insurance rate because our lawmakers refuse to take a stand by imposing penalties harsh enough to make driving an uninsured vehicle more costly in the long run of consequences for law breakers. The way the system is set up those law abiding folks pay the consequences for the law breakers.
When the uninsured join the rest of responsible drivers the rates will go down. If a driver is too stupid to have insurance verification inside the vehicle and the police database shows the vehicle as uninsured, the vehicle is impounded…period and the driver picks up the tab. If the driver has a valid insurance card the vehicle should not be impounded but the driver has a grace period to provide proof and their vehicle shows coverage in the data base and they better straighten it out. If the fear is a bogus verification card then the cards are printed with some sort of watermark for authenticity. When every person accepts the responsibility to check the verification status on their vehicle and stops assuming the information is accurate before a stop by police, the process can work. Will it be a pain in your butt, absolutely. Will it lower your cost and chances of being hit by an uninsured driver, absolutely. Will it stop all uninsured…never…but it will severely impact the ones that break the law expecting their fellow citizens pick up the tab.
It is clear that Oklahoma never wanted Obama Care. Having some pay for all is the same BS as this uninsured motorist problem. This has reached critical mass and it is no longer acceptable for anyone to keep dipping into the pockets of responsible Oklahoma citizens because they think they are entitled to a free ride. They’re backed by lawmakers refusing to do their job along with the liberal ideas that tout the poor “poor people.” When did driving become a right instead of a privilege?  When did it change to give me the American Dream, I no longer have to work for it?
Everyone we spoke with admitted to problems with uninsured motorist within their state. We were told that if Oklahoma could come up with a system that worked other states would follow. The key to solving this problem is to make the penalties for driving uninsured far worse than taking the time to budget for vehicle insurance. If you can’t do the time then don’t do the crime. If people can’t feed their family or pay rent and buy insurance they stop driving or take on another job. Where there is a will there is a way and unfortunately the way for many, not all, is to let someone else pick up the tab. This has to stop! Or not, it’s in the hands of Oklahomans. Do you hammer your representative or pick up the tab and bitch?
House Bills for 2015
The deadline for legislation passing one chamber and making it to the other chamber is nearly upon us. Good legislation will have to run a gauntlet of liberals and RINOs and bad legislation will be secretly slipped though with bribes and pressure.   Here is a list of legislation that you should be concerned about and the list of elected officials is at the bottom of our newsletter as always.
HB 1005 by Randy McDaniel is to carve out a special tax exemption for an unnamed university.   They cleverly left the name of the university out of the legislation and used a date range to carve out an exemption to paragraph 4 that deals with how the IRS views contribution.
HB 1009 by Perryman would outlaw cell phone use of text messages while driving except for police, doctors or other health workers, firefighters, or ambulance  workers.   Seems to me  that if texting is dangerous then cops, firefighters, and health care workers shouldn’t be reading or sending texts either.  Just another law that the rest of us would have to live by while the elite are above the law.
HB 1028 by Shoemake would allow all towns in Oklahoma to declare your property dilapidated and have it torn down.  Right now a city must have 550,000 inhabitants to pull off urban renewal.
HB1029 by Lisa Billy would increase prison time and increase the fine by five times the current rate for those that attempt to elude the cops.   Exactly what qualifies for that crime?  Not answering a knock on the door?      Not volunteering information?  And is increasing the penalty, penalties that are already so high along with court costs that the majority of the money isn’t being collected, is that going to make a lawbreaker pause and think, oh, this might cost me an extra $400 if I do it?
HB 1038 by Perryman wants to extend the telemarketer phone restrictions to politics as well as commercial uses.  Bad idea, First Amendment and all that, what Perryman is after is robo calls that criticize politicians.
HB 1045 by Biggs wants to strip Constitutional rights away from individuals that have been convicted of a crime if more than two years has passed before an appeal has been filed.  Specifically he appears to be worried about new rights being established by the Supreme Court and wants to continue to imprison people whose “crimes” turned out to be unconstitutional.  Think about this, rulings like the Miranda decision or like the Sullivan case on free speech in the 70’s, both established… or better put, defined…. Your Constitutional rights.   Biggs wants to freeze unjust convictions regardless if the higher courts later decide that  your due process was violated.  Let’s hope Biggs winds up in prison himself someday unjustly convicted.
HB 1082 by Ownbey prohibits the resale of used tires with less than 1/16” of tread.  This is pure and simple rent seeking, passing legislation designed to increase costs to certain segments of the public, in this case the poor.   Most of us just buy new tires and most of us will swap out a set for a complete set even if some of the tires have some life left in them but this legislation is aimed at used tire dealers.   Bad for recycling, bad for the poor, people are smart enough to be able to buy a used tire to get them by for a bit.
HB 1093 by Donnie Conduit is one of the worst laws filed this year.    It allows police officers to ID passengers in car stopped for suspected traffic violations.   This is unconstitutional as hell as there are many Supreme Court rulings that prevent officers from forcing people to identify themselves without reasonable suspicion that they have committed a criminal act.   They are allowed to ask passengers to exit the vehicle and even give the passenger a pat down for officer safety but it is our Constitutional right to travel without producing papers except when actually driving a car or flying on a commercial airline.   Brendlin v.
California was the last major Supreme Court case that impacted passengers in cars and it reversed a California Supreme Court decision that said that any passenger in a car was subject to suspicion along with the driver even if there were no reasonable suspicion of a crime being committed.  The U.S. Supreme court went so far as to state this in their decision:
“Indeed, the California court's holding was a kind of incentive for the police to conduct "roving patrols" that would violate the Fourth Amendment rights of drivers.
There are states that have laws requiring passengers to provide ID but Oklahoma is not one of them and we don’t want to be one of those states.    This is no different than the Nazi official on the train demanding “Papers please.”
HB 1097 by  Donnie Conduit  that makes county elections non partisan.  This is bad, it is the liberal Democrats wanting to erase the stink of their national party reputation.  As meaningless as political affiliation can be these days citizens deserve to know the ideological underpinnings of people running for office.   It is up to the parties to enforce those underpinnings.
We will cover the other 1500 plus House bills next week but one in particular needs some action and that is HB 1361 by Loring  literally guts the Oklahoma Open Records Act by adding restriction after restriction, opening up huge costs of complying with the act to price the documents out of reach of the public, and allowing the public body to simply say  “NO!” if they believe that it would “disrupt” the regular duties.   Kind of like having a trooper caught raping women during traffic stops, that was certainly a disruption.   This is a horrible bill, one of the absolute worst, and a freshman legislator was duped into filing the bill and taking the heat.
This legislation has passed committee with these votes:
Biggs             Christian         Cleveland         Derby            
Johnson           Loring            Ownbey            Peterson         
Renegar           Wesselhoft       
    NAYS:    1

2013 Senate members and House Members
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