Thursday, May 29, 2008

Update on Tampering Case

A few posts back, there was a link to a story regarding a JPD officer spitting into seized drugs, apparently to increase the weight and raise the level of offense. Today's Post-Journal contains another story on the matter. New charges have been filed against the former officer.

Although a secondary part of the story, the matter of a confidentiality agreement and a leak seems like the sort of thing that will continue to be in the public eye and perhaps the public interest.

Thursday, May 22, 2008

LL/T law

The City Council of Jamestown, as reported by the Post-Journal earlier in the week, is starting to consider some new landlord and tenant laws. The first step in this process is reviewing a report regarding rules and regs in other places.

Tuesday, May 06, 2008

Family Court

According to the Post-Journal, one of the judicial seats in the county will be subject to a contested race this year. Phil Cala has announced he plans to run for Family Court. Incumbent Judith Claire has also indicated she will run to retain the Judge position.

Thoughts? Comments?

Sales Tax & Senecas

The Post-Journal reports today that the Appellate Division (The Jamestown Lawyer guesses Fourth Department, but it's not specified in the article) ruled the State cannot collect sales taxes on non-Native reservation purchases.

Being a court decision, of course, the very broad and final-sounding sentence above is not entirely true, although that's what people are reacting to.

What the court actually ruled was that the Supreme Court ruled correctly that, under the existing tax law, the proper steps were not taken to create the necessary mechanism to collect taxes. The law required certain steps to exempt Native purchasers and clarify the process, which were never done.

Based on the failure to follow process, the State can't collect taxes. It isn't a final decision on "ever or never," although that's how the pundits spin such topics to get radio listeners and editorial readers up in arms.