Preemption upheld
In Ohio, the supreme court tells the city of Cleveland that, yes, you actually do have to obey the law.
One Response to “Preemption upheld”
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December 30th, 2010 at 4:18 pm
I had a friend who was a state purchasing agent. He was often asked to sign off on technically illegal purchases – from items not covered under a certain category of money to blatant end runs around specific legislative language meant to limit spending. He often asked the legal counsel, “What is the penalty if I do this?”
Sometimes the answer was, “A felony conviction and multiple years in prison.” For example, changing a purchase order to hide the beer and wine bought for a party, instead describing it as “beverages.” He never did such a thing.
Sometimes the answer was, “Not a thing.” For example, splitting one order for a multi-million dollar item into several smaller orders for smaller chunks of money, to avoid legislative oversight. He did this all the time.
Go figure.
Until there are penalties attached, the malfeasance by agents of the state will continue.