1. June 2008 by Greg Kelver.

If I tried to get people to like me a little better by sending them “rebate” checks using money that I did not have in my bank account but could only get by forcibly taking it from someone else (aka theft), it probably wouldn’t be very long till Sheriff Mollenhauer and Prosecutor Beckman sent out a few of their guys to bring me in for a little chat.

But somehow, when our esteemed politicians do exactly that same thing and give it a fancy name like “Economic Stimulus Payment” nobody seems to notice that Big Gov is spending money that it doesn’t have either.  And the only way that they can get it is by forcibly taking it either directly in the form of increased taxation or indirectly by printing more inflation stressed dollars that cause $4 gallon gas and struggling families to pay more and more for less and less.

In the spirit of economic good sportsmanship, President “W” and his Congressional Cohorts who gave birth to the Economic Stimulus Act of 2008, should be thrilled to hear that I have just received and quickly spent my “Economic Stimulus Payment” - every last cent of it.  To get the biggest bang for my stimulated buck, I just invested it with some guy named Bob Barr 08 http://www.bobbarr2008.com/, and Libertarian Partiers in Washington D.C. www.lp.org , Indianapolis www.lpin.org, and LaPorte County www.lplp.org .

Let the good times roll!

Posted in Government, Politics | No Comments »

26. May 2008 by Greg Kelver.

Just last year, Lee Iaccoa released his book titled “Where Have All the Leaders Gone? ”  http://www.snopes.com/politics/soapbox/iacocca.asp  Well I hope Mr. Iaccoa was tuned into C-Span yesterday because he just might have discovered where some of them are now - they are in the Libertarian Party.

People who tuned into C-Span yesterday had an opportunity to see what a genuinely real political convention actually looks like instead of the made-for-TV gimmicks that the Old Parties will be dishing up when they officially coronate their respective candidates in a couple of months. For those looking for a return to a Constitutional-based government and a sensible alternative to the Old Party offerings, the Libertarian Party just served up a heaping good plate-full.

Although folks didn’t get a chance to read much about it in the mainstream media, the Libertarian Party had several great candidates running for President this year including former Republican Congressman Bob Barr, former Democratic Senator Mike Gravel, Dr. Mary Ruwart,  and an incredibly well qualified guy named Wayne Allen Root http://www.rootforamerica.com/home/bio.php

After 6 very close ballots, delegates to the Libertarian Party National Convention slated Bob Barr for President and Wayne Root for Vice President.  It is a highly qualified, no bullshit ticket and as a 12 year card carrying member of the Libertarian Party, I have never been more proud of my party of choice than I was yesterday afternoon.

Going forward, I think that future historians just might mark 2008 as a key turning point in America’s history. Congressman Ron Paul has jarred the Republican Party to what is left of its very core by running on small “l”  libertarian principles.  His spirited and principled campaign has demonstrated that although many in America are hungry for the type of leadership that President Ron Paul would offer, they certainly will not get it from either of the Old Parties.  However, with the selection of  seriously qualified candidates to deliver  a deadly serious message, the Libertarian Party has truly come of age.  This weekend, as we honor those who have fought and died for the freedom we enjoy today, the Libertarian Party has clearly demonstrated its committment to fighting to preserve those freedoms and more for those who will come in the future. 

Lee Iacocca knows that Americans will not always continue to buy defective and overpriced cars simply because they have always bought “American”  When confronted with the stark reality of choosing between Big Government Democratic Liberal Obama or Big Government Republican Conservative(-in-name-only) McCain this fall, many Americans will be looking for a better place to invest their vote.  And like millions of smart car shoppers already have, they just might figure out that Bob Barr, Wayne Root and the Libertarian Party offer them a much better value than either of the Overpriced Old Parties ever will. 

Posted in Government, Politics | 1 Comment »

21. May 2008 by Greg Kelver.

Today is the last day that LaPorte County Taxpayers can submit comments for DLGF consideration about the LaPorte County reassessment disaster.  Those comments can be submitted to Laportereassessment@dlgf.in.gov and I would encourage LaPorte County Citizens to exercise their most fundamental right to petition their government for redress of grievances if they have not already done so.  Those who would like to be a bit better informed about the LaPorte County Reassessment problem as well as some inherent flaws in Indiana’s “fair market” property tax assessment may want to spend a little time watching the DLGF hearing that was held in LaPorte County last Thursday (May 15th) http://www.alco.org/alcotv.html

My two cents worth for the public record that have been sent to DLGF Commissioner Musgrave -

Dear Ms. Musgrave,

Thank you for your ongoing efforts to straighten out the reassessment mess in LaPorte County. Although I was not able to attend the most recent DLGF hearing in LaPorte County to personally comment, I have watched the meeting on the ALCO-TV website.  I have appreciated the way the DLGF has conducted the hearings in LaPorte County as well as the materials that have been made available to the public on the DLGF website. I also greatly appreciate your recent oversight review of the contract that was executed between Nexus and LaPorte County.  As a fed-up LaPorte County Taxpayer who feels “waterboarded” by the LaPorte County Assessor, the County Attorney, and consultants retained by the LaPorte County Commissioners, I would strongly encourage the DLGF to order the total reassessment of LaPorte County.

Personally, I am a homeowner and small business owner in Noble Township.  At the previous DLGF Hearing, I submitted a copy of the property tax appeal that my attorney has filed with the LaPorte County Assessor for my home at 2702 W. 950 S. in Union Mills. Mann-Whitney/statistical analysis stuff aside, as a reasonable man, I believe that there is a 100% probability that sales chasing has taken place with my property tax reassessment.   The next-door residential property at 2652 W 950 S. in Union Mills which was not sold until 7/7/06 had the 2006 AV adjusted to $67,700 from a 2005 AV of $56,400. That represents an increase of 20.0%.  However my similar residential property located at 2702 W.  950 S. which was purchased  on 10/20/05 had the 2006 AV adjusted to $149,200 from the 2005 AV of $78,600.  That is an increase of 89.8%.  While I am assessed at 93.8% of the sale price, the property next-door is assessed at only 42.3% of the sale price that occurred just 6 months later. That certainly does not meet any reasonable standard of uniform and equal.

According to the “Tab E” material available at http://www.in.gov/dlgf/2577.htm “Sales Chasing -Unless similar unsold parcels are reappraised at the same level as sold parcels, sales chasing causes inequitable treatment of taxpayers by shifting the burden to taxpayers who have recently purchased property”

In the cases of many LaPorte County Taxpayers who are victims of sales chasing, absolutely no relief from that inequitable treatment will be available from the PTBOA appeals process. Only a correct reassessment of ALL improperly valued other property can remedy that unequal tax burden.  With the obvious problems in the reassessment process in LaPorte County, I believe the only way for property taxpayers to have the uniform and equal assessment required by Indiana’s Constitution is for the DLGF to order the total reassessment of LaPorte County.  In order to restore some degree of public faith in the property tax assessment process for LaPorte County, I would respectfully urge you to order that action without any further delay.

Thank you for your consideration of my opinion.

Greg Kelver
2702 W. 950 S.
Union Mills, IN  46382
(219) 324-4229

Posted in Government, Politics | No Comments »

11. May 2008 by Greg Kelver.

The DLGF has issued its long awaited Resolution 2008-01 DLGF Resolution 2008-01  on the LaPorte County reassessment fiasco and they will be back in town Thursday for another public meeting DLGF Public Hearing - May 15th.  Is the glass half full or is the glass half empty?  To overstressed taxpayers (aka Republicans) in Michigan Township the reassessment glass probably now appears half full.  To wasteful whiners in local government (aka Democrats), the reassessment glass probably looks about half empty.  But from my perspective (aka Libertarian), there is a third way of looking at it that might be considered by some - reality suggests that we damn sure need to get ourselves a new glass.

The “fair market” property tax assessment that has been created by state legislators is a flaming disaster that is anything but fair.  The assessment process is not fair, it never has been fair,  and it NEVER will be fair.  There are just too many games that so-called assessors, either qualified or unqualified,  can use to play with the value of property.  They did it with Indiana’s old assessment system, they are doing it with Indiana’s new assessment system, and they will continue to do it with the mildly tweaked “capped” system legislators voted to continue on with next year.  It is only because of the magnitude of the current reassessment change that just about everyone who is paying attention can see what a totally bogus system those legislators have created.  But as if the reassessment process itself wasn’t bad enough, those whiz-bang state legislators added a whole slew of deduction/credit games like the Homestead Credit to further confuse and compound the problem.  But in an extreme example of self-important ignorance to show voters just how much they were doing to help, they even added “rebate checks” to the plates of local people who haven’t yet figured out how to get an accurate  property tax bill out on time.  Legislators, PLEEEEEEASE  don’t “help” us like that anymore.

For far too long the DLGF has been a rubber stamp that gave local officials just about everything their hearts desired and did absolutely nothing to look out for local taxpayers (i.e. Taj Mahal type school buildings for some).  That unchecked local spending by schools and government is largely responsible for the current property tax disaster.  But perhaps for the first time ever, the DLGF appears to have discovered a backbone and actually is trying to do what it is supposed to be doing, albeit far slower than it should be.  Local officials who have been feeding at the public trough don’t like it very much and are pitching full scale hissy fits.  http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=13251

Like County Attorney Friedman who gets reimbursed by LaPorte County Taxpayers  for creating, then “resolving” conflict, Rep. Scott Pelath is now pitching one of the really big fits - very ironic considering he is one of the 151 people who helped create this friggin mess in the first place.  But instead of venting his spleen on the DLGF, Rep. Pelath should take a good look in the mirror, ask what he has done to make this mess, and what he can do to fix it now. 

Way back in December 2001, the Libertarian Party of Indiana foresaw the property tax Titanic and came up with a tax plan that had some good conceptual ideas on what could be done to miss the iceberg. After ignoring those ideas and hitting the iceberg full throttle, last year state legislators finally took some of those ideas and started to run for the lifeboats with a couple of them.  But unfortunately they missed some really big ideas that still have a lot of potential to fix Indiana’s property tax mess once and for all.

Not that my two cents worth matters much, but to meet the constitutional requirement of “Uniform and EQUAL”,  I think Indiana should adopt a “flat tax” type of property tax assessment that values property based solely on the square footage of land and structures.  The entire costly and error prone reassessment process could be eliminated and assessors could no longer play games with property values. All would pay their fair share for police and fire protection, streets, and other government services deemed ”essential” by local taxpayers.  Renters would be treated the same as homeowners and they would not be unfairly subjected to a property tax that could be twice as high than a “homeowner” would pay for a similar property. People would not be penalized for fixing up their homes, apartments, or small businesses. Both you and your neighbors, homeowner or renter, would pay exactly the same rate for the government services utilized. No rebate checks, no Homestead credit/deduction political games, no unfair market reassessment/trending  bullshit.

Seems like a pretty simple and fair fix to me.  Git R Done.    

Posted in Government, Politics | No Comments »

1. April 2008 by Greg Kelver.

“It is by far the largest tax increase in the history of the state, … It is blatantly unconstitutional and it still cripples local government and school.”

Rep. Craig Fry (D-Mishawaka)

http://www.wthr.com/global/story.asp?s=8018864&ClientType=Printable

Nice to see a little blunt honesty coming out of the Statehouse. But thanks to the bi-partisan coalition of spendaholic legislators governing Indiana, (and the judge who helped create the current property tax disaster) your Sales Tax bill goes up 16.7% today. Indiana now has one of the highest sales tax rates in the nation - higher than the surrounding states of Michigan, Ohio, Kentucky and Illinois.

Looks like the joke is once again on Hoosier Taxpayers. Morton Marcus called it exactly right  - ”the perfect election-year tax increase.”

http://www.indystar.com/apps/pbcs.dll/article?AID=/20080330/NEWS05/80330001/1003/BUSINESS  

“People have no idea how much more in sales taxes they’re going to pay,” he said. “They don’t keep their receipts to see how much they paid compared to how much less they will pay in property taxes. It’s a shell game” 

Keep voting for more of the same, keep getting more of the same. 

Posted in Government | No Comments »

25. March 2008 by Greg Kelver.

Michigan Township is on flames and Rep. Scott Pelath could have taken the politically easy path and voted for HB 1001 - the so-called property tax reform bill.  Likewise, Jim Arnold, Ryan Dvorak, and Craig Fry could have also taken the easy street.  But they didn’t.  Instead, these Northern Indiana legislators had enough courage to break ranks from the bi-partisan legislative lovefest and voted against it. It was refreshing to see some local legislators pulling back the curtain to take a closer look at what they were voting on and deciding that No-Deal was preferable to Bad-Deal.

But I  really appreciated the viewpoint column that Rep. Pelath had in the News-Dispatch on Mar 15

 http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=118&ArticleID=10980&TM=24104.28

Often, about all we hear on key issues from a legislator is a couple of edited sentences or a nine second  radio clip, usually supporting whatever position the Old Party leadership has chosen to pursue.  But Pelath’s viewpoint nailed many legitimate concerns about the ”property tax reform” that was just signed into law. 

I think that Rep Pelath is right that -

• HB 1001 doesn’t provide long-term substantial relief. 
• In many ways HB 1001 will make the problems even worse
• HB 1001 will cut property taxes for some while driving them up on others
• HB 1001 certainly does not live up to the definition of permanent relief
• HB 1001 resulted in a substantial hike in the state sales tax as well as potential increases in local option taxes
• There is a very good chance that the increases in sales and income taxes will be greater than the savings in property taxes for many working families, seniors, and renters
• The national economy is slowing.  Like the income of many Hoosier Taxpayers, state revenues are behind projections and it has not met recent revenue targets.
• Legislators have touted many programs as “the answer” to Indiana’s property tax relief crisis only to have to return a few years later with yet another “answer.” 
•  HB 1001 was not the answer and legislators will be addressing property taxes again in very short order

However, where I think Rep Pelath is seriously off the mark with his analysis is about the revenue caps that the bill put on local schools and government. 

 http://thenewsdispatch.com/main.asp?SectionID=1&subsectionID=1&articleID=11266

  For far too long, schools have been given a blank check on school construction projects.  Taj Mahals have been erected at taxpayer expense that do little to improve the quality of education but do a lot to fatten wallets of architects, lawyers, bankers,  and other consultants connected to the bonding and construction of school buildings.  Similarly, many local government have been very wasteful with the taxpayer’s money but always manage to hide behind cutting police and fire protection whenever their wasteful ways are questioned. Although Indiana’s Constitution was supposed to limit government debt to 2% of Assessed Value, our elected ”public servants” creatively figured out how to get around that little constitutional problem and have taken local debt to outrageous levels

 http://www.wndu.com/localnews/headlines/16763711.html

 Unfortunately the DLGF has been AWOL for years while the local spending was ramped up but to Governor Daniels’ credit, he has at least been trying to do something about out-of-control school construction costs.

There were a lot of good ideas that were originally contained in HB 1001 - many ideas were similar to suggestions that the Libertarian Party of Indiana previously had in the Tax Plan it offered to state legislators in December 2001 before the last “property tax reform.”  But with HB1001, those good ideas are missing some key components that would have made them actually work well, kind of like building a great automobile body but taking the engine out of the final product.  While it may look spectacular on the outside,  it is not going to get anybody where they need to go.

Appropriately starting on April Fool’s Day, Indiana Taxpayers will begin to see that the “property tax cut” legislators are now touting will magically morph into a tax hike to those who pay the bills. Perhaps someday very soon, voters will see that Governor Daniels, Speaker Bauer  and the bi-partisan coalition of legislators who took aim at the property tax disaster with HB1001 hit their target about as well as Dick Cheney hits a duck. They got their shot off at the last minute but nobody is going to be very happy with what their buckshot actually hits.  While it may not be fatal,  it certainly is going to be as irritating as Hell for those getting hit.

Posted in Government | No Comments »

21. March 2008 by Greg Kelver.

In signing HEA 1153 into law, Governor Mitch Daniels said

“Hoosiers believe in freedom, but also in personal responsibility in the exercise of our liberties, … I sign this bill with misgivings and caution, and the hope that any Hoosiers who choose to risk their money in these games will do so responsibly and with extreme care.” 

 http://www.indystar.com/apps/pbcs.dll/article?AID=/20080320/LOCAL1901/803200470

It is very refreshing to see that Governor Daniels got this one exactly right. The law legalizes pull tabs, punch boards, tip boards, and daily drawings in Indiana bars and taverns with restrictions.  It is a sensible law that not only helps Indiana small business but also will generate some additional tax revenue from cash-based activities that previously generated none.

According to a summary of the bill from the Indiana Licensed Beverage Association, 

-sales can begin on July 1^st, 2008

-sales restricted to bar areas where minors are not allowed

 

-anyone planning to sell these games will need to first apply for a $250 retailer endorsement to go on their liquor license

 

-licensing will be administered by the Alcohol & Tobacco Commission

 

-games must be purchased from a licensed distributor

 

-all excise taxes will be collected by the distributor at the time of purchase

 

-daily drawings must be a 100% payout with a to-be-determined cap on the amount of winnings (probably $300)

In my opinion, this legislation is a pretty good example of some common sense legislation that is actually a win for Indiana small business, a win for Indiana government, and a win for grownup individuals who believe that they should have the right to run their own lives without undue meddling by others, especially government agents or hypocritical busybodies.

It was also encouraging to see that two legislators from LaPorte County, State Representative Tom Dermody and State Senator Jim Arnold, were supportive of this legislation.  This bill does represent good government that properly balances the interests of individual citizens with an appropriate oversight role for government.  Thanks to all for getting this one right.  

Posted in Government | No Comments »

17. March 2008 by Greg Kelver.

The ethics charge that County Attorney Shaw Friedman filed against the former DLGF employee who talked to Taxpayer Bill Wendt is looking more ridiculous by the day.  But the decision by Judge Steven King to dismiss the lawsuit against County Assessor Carol McDaniel and the Nexus Group  http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=10941&TM=33496.67 

because the lawsuit wasn’t filed within 30 days is further proof of just how outrageously abusive our elected officials at all levels have become toward those they are supposed to serve.

Michigan Township Residents for Fair Taxes Inc. had filed the lawsuit because of their belief that the over 1 million dollar no-bid contract between LaPorte County and the Nexus Group was not properly executed.  Based on how the County Assessor and the County Attorney have been running this Three Ring LaPorte County Assessment Sideshow, I would tend to believe that the Michigan Township Taxpayers had this one right too. But unfortunately, the judicial branch of  Indiana government is just as messed up as the legislative and executive branches are. 

Judge King undoubtedly was technically correct in his decision, but that decision highlights yet another example of where “legally OK” splits sharply from what is “ethically right”.  Many reasonable men and women undoubtedly believe that if the  contract was improperly awarded, then those who were responsible for, and benefited from, an improper award should be held accountable.  Government often takes years before it goes after an improper action or conduct by a citizen.  So  3o days for citizens to take corrective action against government certainly does not seem to be a reasonable amount of time - especially if expensive legal action will be required by individual citizens to correct it.

 Attorney Friedman, Assessor McDaniel, and the LaPorte County Commissioners are compensated by the taxpayers to perform certain tasks.  It is their job to know and understand the governmental imposed rules they are supposed to operate under. Awarding million dollar governmental contracts without seeking open and competitive bids is an area that is ripe for potential abuse and corruption.  But apparently some in government fail to see any ”ethical” problem with that kind of action.

“Extreme prejudice to the county and township assessors, as well as La Porte County government and its taxpayers would result in the form of the huge financial cost should (Nexus’ work) be undone and the county and local government be required to repeat those massive exercises” should not have been a factor in Judge King’s ruling. But doing what is both legally AND ethically right for the citizens of LaPorte County should have been. 

There is still one more chance that government could do the right thing for LaPorte County Taxpayers.  A few days ago the DLGF came to town and listened to 2-1/2 hours of testimony from property taxpayers who are suffering because of local abuse and incompetence    http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=10704

Professionals who are representing taxpayer interests seem to be 99.9% certain that “Sales Chasing” has taken place in LaPorte County. On the block where I live, I think those odds go to 100%.  The DLGF has an obligation to insure that the assessment of property tax is UNIFORM and EQUAL. The evidence seems to be pretty strong that is not the case for LaPorte County. 

 The DLGF should do the right thing now by ordering the complete reassessment of LaPorte County, but cost or inconvenience to local government officials should not make one bit of difference in their decision on whether a reassessment should be ordered.  Government has only itself to blame for the mess it has created and it is long past time for citizens to put it back on a leash and start holding it accountable.  Clean it up! 

Posted in Government | No Comments »

25. February 2008 by Greg Kelver.

“Our part is to pursue with steadiness what is right, turning neither to right nor left for the intrigues or popular delusions of the day, assured that the public approbation will in the end be with us.” –Thomas Jefferson, 1822.

Before the smokescreen clears from the latest political manipulation and the spotlight brightly shines again on Assessor McDaniel, County Attorney Friedman may want to spend a little time brushing up on the general concept and definition of “ethics.” In my opinion, his latest ”Ethics Complaint” is just a thinly veiled Hail Mary attempt to legally bully and manipulate the DLGF and its former employees

http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=10146

The latest action “on behalf of McDaniel”, presumably to once again be paid for by LaPorte County Taxpayers, is yet another link in a long chain of governmental tax abuse inflicted on LaPorte County residents. But it is long past time for the DLGF to hold their ground and be actively engaged.  Unfortunately, whatever action the DLGF may take at this point will still take place within the confines of a fundamentally flawed property tax assessment system.  In a high stakes political shell game, the pea will just move from one township shell to another and the game will go on. 

Attorney Friedman is a very bright individual who likely understands that “legal behavior” is not necessarily the same as “ethical behavior”  The Markkula Center of Applied Ethics at Santa Clara University summarizes it very well -  “Ethics is not following the law. A good system of law does incorporate many ethical standards, but law can deviate from what is ethical. Law can become ethically corrupt, as some totalitarian regimes have made it. Law can be a function of power alone and designed to serve the interests of narrow groups. Law may have a difficult time designing or enforcing standards in some important areas, and may be slow to address new problems.”

As an interested spectator to this ongoing brawl, I think many taxpayers would agree that Bill Wendt holds the moral high ground in this battle, not Attorney Friedman. Mr. Wendt has spent a great deal of time and his own money trying to properly investigate, document, and resolve a blatantly flawed countywide property tax reassessment. His contact with the DLGF is yet another indication of doing his homework and getting his facts straight. On the other hand, County Attorney Friedman has repeatedly used his county compensated position to fight and obstruct attempts to clean-up the Assessor’s mess while villifying those who are. He apparently did not see any “ethical” problem with the no-bid contract awarded to Nexus.  Since Commissioner Bohacek has hauled them to court to try to break the logjam, he apparently does not see an “ethical” problem in the  failure of the PTBOA to resolve appeals that have been hanging open for years or the assessment process that has led to a 3000 appeal backlog. And apparently he does not see an “ethical” problem with propping up a qualifications challenged County Assessor who appears oblivious to the disrupted lives of the local residents she was elected to serve. 

Give it up Shaw.  The News-Dispatch February 1st editorial had it right - LaPorte County Assessor Carol McDaniel should resign.  But if legal or political training prevents you from pursuing the ethically right path for LaPorte County residents,  I believe that your resignation should be tendered as well.   
 

Posted in Government | 2 Comments »

22. February 2008 by Greg Kelver.

As a long time observer of some of the clowns we manage to put in office, it looks like the new LaPorte City Council will be worth watching for some comic relief over the coming years.  Only two months into a four year term and some of our elected finest are already raising the bar for bipartisan silliness. The entire state is pretty much in flames but with a bit of delusional self importance, Councilman Heichel has the latest gem with his feel-good, do-nothing resolution to let state legislators know how the LaPorte City Council feels about the property tax mess http://www.heraldargus.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=2260 

 Apparently the bright bulbs on the LaPorte City Council feel that by unanimously passing their resolution, the waters will part so Democrats and Republicans down in Indy will join in a bipartisan legislative lovefest to magically pass some wonderful legislation that will fix the property tax disaster they have been cheerfully creating for decades. 

 Wakeup Dorothy -State Legislators already know how we feel but they are pretty much clueless about how to fix it.  However LaPorte County Taxpayers already know exactly who is going to get screwed when the session is over and the ugly bipartisan lovechild finally emerges.

Posted in Government | No Comments »