The Hendersonville Standard Blog

“If you can meet with Triumph and Disaster

And treat those two imposters just the same.”

~ From the poem “If…” by English writer Rudyard Kipling (1865-1936)

By JIM HAWKINS

Living in Middle Tennessee, I am alert to severe weather watches, and for good reason. My home and neighborhood were hit by a deadly tornado in April 2006. I witnessed and helped victims in the aftermath of the Super Tuesday tornado in February 2008 that struck Sumner, Trousdale, and Macon Counties; and I waded and swam in flood waters to secure neighbors’ property during the May 2010 flood.

Tennessee has a law against price gouging following disasters. With my personal hope that you never need its protections, here are some Q’s and A’s about this special law.

Q.        What do you mean by “price gouging”?

“Price gouging” happens when businesses sharply raise the prices of their goods and services after a high profile event, such as a natural disaster or an act of terrorism.

Q.        Does Tennessee have any laws against price gouging?

Yes. After the terrorist attacks of Sept. 11, 2001, a few businesses in Tennessee unfortunately took advantage and engaged in price gouging.

In the spring of 2002, the Legislature passed the Tennessee Price-Gouging Act. This law deals with businesses that jack up prices after a disaster for “goods and services that are vital or necessary for the consumer.”

Q.        When and where does the anti-price-gouging law take effect?

The law takes effect whenever there is a declared state of emergency, and in the counties or towns that are covered by the state of emergency.

The President of the United States and the Governor of Tennessee can each exercise the power to declare a state of emergency. The law stays in force and effect until the state of emergency is officially ended.

“All that is necessary for the triumph of evil is that good men do nothing.” ~ Edmund Burke, Irish orator, philosopher, and politician (1729-1797)

 Professor David O’Brien, the University Professor of Faith and Culture at the University of Dayton in Ohio, last year wrote a quiet but stirring essay called “Learning From 9/11.” I was struck by these words from O’Brien:

“History is not made by somebody else in some other time and place. No, we ourselves make history by our choices. The meaning of 9/11, an example of history as story, will be constructed from the choices we continue to make in its wake.”

We are called to speak and act with love, with bravery, and with sacrifice to our comfort, in order to oppose evil. Sometimes evil can manifest itself with less visible victims, when addiction, anger, greed, or cruelty results in child abuse. We must act by speaking out.

And, if more than moral encouragement is needed, Tennessee law makes it mandatory, or legally required, to report child abuse and neglect. This law applies to all persons.

Q. Who is required to report child abuse and neglect?

Tennessee law says that a person must report child abuse if that person has knowledge, or if it reasonably appears, that any child’s wound, injury, disability, or physical or mental condition was caused by brutality, abuse, or neglect.

For child sexual abuse, a mere reasonable cause to suspect that a child has been sexually abused requires a report to be made.

“The number of texts [SMS, or Short Message Services texts, sent via cellphones and computers] is expected to exceed 9.6 trillion in 2012.” ~ Portio Research

The use of text messages and other electronic messaging continues to grow. Like other forms of communication, texting and electronic messaging can become offensive – or illegal.

In the fall of 2009 a woman in Hendersonville was arrested for violating the “no-contact” portion of an order of protection by sending an electronic “poke” message through Facebook to the victim. A violation of an order of protection is a crime.

Tennessee has a strong order of protection law. The law can be used when adults or minors have been threatened or hurt by current or previous relationship partners or relatives. The law also applies when victims’ belongings have been vandalized or destroyed by a current or previous partner or relative.

The Tennessee legislature has added stalking and sexual assault as stand-alone grounds for getting an order of protection – regardless of whether the victim had a relationship or kinship with the stalker or assaulting attacker.

Stalking can include harassment – including harassing text messages.

Q.        My ex-boyfriend won’t stop texting me, even though I told him to stop. I am scared. What should I do?

Immediately call the police or sheriff’s office and make a report of the contacts. What you describe is harassment, which is a Class A misdemeanor, whether done in person or by telephone, writing, e-mail, or text message.  If these contacts cause fear or intimidation, then the crime of stalking may be happening.

“If nature had arranged that husbands and wives should have children alternately, there would never be more than three in a family.” - Lauren Housman, British artist, writer, and playwright (1865-1959)

Just over 30 years ago, women who were expecting a child could not expect protection from discrimination at work. Married women faced job discrimination and pregnant women were often fired.

It got worse. In 1976 the U.S. Supreme Court ruled in “General Electric v. Gilbert” that an employer could legally discriminate against a pregnant worker and deny benefits for her pregnancy-related disability. 

The Gilbert ruling triggered a strong reaction. Women’s organizations, labor and civil rights advocates, and right-to-life groups ‘found common ground’ and formed a coalition to end such discrimination.  In 1978, Congress passed the Pregnancy Discrimination Act, which established, and required employers to respect, the rights of pregnant women.

Q.        How does the Pregnancy Discrimination Act protect workers?

It establishes as the law of the land – applying across all 50 states – that discrimination on the basis of pregnancy, childbirth, or related medical conditions is unlawful under Title VII of the Civil Rights Act.

This means women who are pregnant or have related conditions, including infertility or reproductive failure, must be treated in the same manner as other applicants or employees with similar abilities or limitations.

This law applies to all employers with 15 or more employees, including state and local governments, employment agencies, and the federal government.

 “True peace is not the absence of tension; it is the presence of justice.” ~Dr. Martin Luther King, Jr., American civil rights activist and leader, 1929-1968

 Some crimes make headlines: Assault – Robbery – Homicide - Drunk driving

Unfortunately, the victims of these violent crimes often suffer long after the headlines.

From helping hundreds of domestic violence survivors, I am aware that many folks don’t know about Tennessee’s Criminal Injuries Compensation Program.  Here are some Q’s and A’s about this program. 

Q.        What does this program do, and who pays for it?

This program is operated by the State of Tennessee Treasury Department. It makes payments of up to $30,000 to victims of crime, or their families when a victim is killed.

The money to help innocent victims comes from fines, penalties, and fees set by the Legislature, which courts assess against persons convicted of crimes. 

"We are only tenants, and shortly the great Landlord will give us notice that our lease has expired.”  – Joseph Jefferson, great American actor and comedian (1829-1905)

According to the 2010 U.S. Census data, 30.3 percent of Tennesseans live in rented housing units. With 2,812,133 housing units in Tennessee in 2010, this means there are now about 852,076 rental homes and apartment units in our state.

Foreclosures have been increasing. Unfortunately, some landlords have defaulted and have not paid their mortgage payments on the housing units they rent. Tennessee families and individuals whose rented homes were foreclosed have lost their homes with little notice.

Renters now have some legal protection when their landlords default on mortgages. A federal law that took effect in 2009 now helps protect renters during foreclosure in all 50 states.

“Children are often the silent victims of drug abuse.” ~ Congressman Rick Larsen, Washington State

“It’s important to talk about it. You raise awareness. But you can also prevent it (child abuse) by letting it not be a secret.” ~ Christine “Chris” Witty, U.S. Olympic speed skating gold medalist, who was abused from age 4 through 11 by a trusted neighbor and kept the secret for years

Tennessee’s juvenile courts are not just for kids under 18 who commit crimes. Juvenile courts also protect children and youth who are dependent or neglected, or who are victims of abuse. 

The court decides where these kids and teens will live, who they will see, and what kinds of help they will get.

What are your rights if you are a teen or child in this situation?

Here is a list of such rights from the Tennessee Youth Advisory Council, a group of current and former foster youth.

1. You have the right to be told about your court hearings ahead of time. You should be told when and where the hearing will be, and what the hearing will decide.

2. You have the right to be at all court hearings about you. They are deciding your life. You need to be there and say what you want. Your DCS case manager should make sure you get to the hearings.

3. You have the right to have your own lawyer that the court gets for you. Your lawyer is called a Guardian Ad Litem (G-A-L) and should be at all your court hearings. (“Ad Litem” is pronounced ADD-LIGHT-EM and is a legal Latin phrase that indicates the lawyer is a guardian “for the purposes of the legal action only.”)

“Nothing in fine print is ever good news.” ~Andy Rooney, American radio and TV journalist and commentator (1919-2011)

When I meet with clients to help write or update their wills, I always ask these key questions:  “Do you have any retirement benefit or pension accounts – and have you updated your beneficiary designations?”

That is because the law is now clear that when a person with a retirement benefit account or pension account dies, any remaining proceeds from the plan go to the named beneficiary – regardless of what is in the person’s will, and regardless of any of the terms of agreements included in divorce decrees.

In 2009, the United States Supreme Court issued a unanimous decision that allowed a deceased man’s ex-wife to receive $402,000 from her ex-husband’s workplace savings plan – even though their divorce decree stated that she gave up all right to such funds.

Q.        What happened in this case?

William Kennedy worked many years for DuPont.  Early in his career, William started saving money in DuPont’s “Savings and Investment Plan” (SIP).

“Old age is fifteen years older than I am.” ~U.S. Supreme Court Justice Oliver Wendell Holmes, Jr. (1841-1935)

“Old age is no place for sissies.”~Bette Davis, American film, television and theatre actress (1908-1989)

The 18-year period from 1946 to 1964 is known in the United States as the “Baby Boom.” Many ‘Boomers’ born during those years are now helping their moms and dads with decisions regarding independent living versus assisted living.

This week’s column provides information about the rights of nursing home residents and their families. It is important to note, however, that there are many options available in addition to nursing homes.

“I know that you and Frank were planning to disconnect me, and I'm afraid that's something I cannot allow to happen.”  ~ HAL, the all-knowing on-board robot computer system in the 1968 classic film, “2001: A Space Odyssey”

More and more Tennesseans – and other consumers across the United States – are receiving unsolicited automated calls, often known as robo-calls. These unwanted, and often annoying, calls are intentionally programmed to be made after most consumers’ work hours and during leisure time and family meals – in other words, when many people are home to answer the phone.

(I even got an illegal robo-call from “William from Vacation Services” at 5:52 p.m. on Sunday afternoon while I was writing this column!)

In September, 2009, after receiving thousands of complaints, the FTC (Federal Trade Commission) passed a rule that bans most – but not all – robo-calls. 

Despite this rule, the FTC announced in July, 2012 that robo-calling has actually increased. In other words, more and more unsolicited automated calls are being placed to consumers – in blatant violation of the fact that most of these calls are illegal.

"The way I see it, if you want the rainbow, you gotta put up with the rain."

 ~ Dolly Parton  

During home repairs and improvements, there can be a few “storms,” especially in the three main areas of disagreements that arise between homeowners and contractors:

• Changes
• Money issues, and
• Getting the job finished properly.

Written agreements between homeowners and their contractors help make for good communications and clear expectations.

Q.  What if I need to make changes after the work begins?

You and the contractor should agree in writing on any changes in the work or the price. Both of you should sign the paper describing the changes.

Q.  When do I need to pay for the work?

It is a good idea for your contract to say you will:

• pay no more than 20 to 35 percent at the start;
• make progress payments as the work is done; and
• hold back 20 or 25 percent at the end until the work and “punch list” are complete.

“A child of five would understand this. Send someone to fetch a child of five.”

 ~ Groucho Marx, comedian and film star (1890-1977)

One of the Southern words I love is fixin.’ This one word can mean:

• making (“Momma’s fixin’ pancakes!”),
• preparing (“He’s fixin’ to go to town.”),
• repairing (“My roof only needs fixin’ when it rains.”), or
• improving (“He’s fixin’ up his truck with a new bed liner.”)

I am sure various readers will also point out the word’s veterinary application.

For homeowners who are fixin’ or fixin’ up their homes, it’s important to hire a contractor who will do a good job of repairing or remodeling for a fair price.

Q. How do I know that a contractor will do a good job for a fair price?

1. Only hire a licensed contractor. Ask for the license number, and call the Tennessee Home Improvement Commission at 741-5630 to be sure the license is up-to-date.

2. Ask the Commission if the contractor has paid the required insurance bond. An insurance bond means the contractor’s insurance company will pay you if the contractor goes out of business before finishing the work, or does not do a good job.

3. Ask the contractor for past customer names and phone numbers – then call and ask if the contractor did a good job.

4. Call the Better Business Bureau at 242-4222 or the Tennessee Division of Consumer Affairs at 741-4737 to find out if anyone has complained about the contractor.

5. Get at least two estimates in writing before deciding which contractor to hire. An estimate is how much the contractor says it will cost to do the job. Get a firm, complete price in writing before you sign a contract, and don’t be rushed into signing.

"More than ever before, Americans are suffering from back problems: back taxes, back rent, back auto payments.” ~ Robert Orben, American humorist and former White House speechwriter

According to numbers announced in June 2012, Tennessee’s population has increased by 12.55 percent – or more than one-eighth – since 2000, to a new figure of 6,403,353.

The 2010 Census revealed that over 1.9 million Tennesseans – about 30.4 percent of all persons in Tennessee – live in rented home units such as houses, apartments, duplexes, and manufactured homes (formerly known as ‘mobile homes’).

The majority of these renters, however, do not have renters insurance. During the past year, many Tennessee renters suffered significant losses of their personal property due to fires, theft, and floods.

This week’s column answers questions about renters’ insurance – a smart idea to help cover the ‘smart’ of personal property losses.

Q.        Why do I need renters’ insurance? Doesn’t my landlord carry insurance?

Most landlords and property owners do purchase and maintain insurance to pay for damage or loss to their rented property in case of fire, burst pipes, or other hazards.

This insurance purchased by the landlord, however, usually does not cover the contents of the rented housing unit.

This means that tenants without renters’ insurance are not protected by insurance in case their furniture, clothing, and other personal belongings are damaged, destroyed, or stolen.

Some residential landlords have started adding bolded language in their lease agreements to spell out that it is up to the tenant to carry insurance to protect the tenant’s personal property.

 “Title IX is a law passed in 1972 that requires gender equity for boys and girls in every educational program that receives federal funding.” ~ from TitleIX.info, a project of the MARGARET Fund of the National Women’s Law Center

More than 40 years ago, before 1972, our nation’s educational system was tilted toward providing greater resources and opportunities for men, rather than for women. In higher education, far more men than women were admitted to colleges and universities. At a supposedly enlightened institution such as Harvard University, for example, women were required to enroll and live at Radcliffe College, Harvard’s “sister school,” and were then able not to enroll or live on campus at Harvard.

Across the nation, in college and university athletics, about 98 percent of financial resources were devoted to men’s sports, and only 2 percent of higher education athletic funding was allocated to programs for female athletes.  In high schools as well, funding for girls’ sports was a fraction of that set aside for boys’ sports.

“Pursuant to your order of the 29^th, I left Frankfort that night and proceeded to Pike County [Kentucky] to investigate the border warfare between the Hatfields, of Logan County, of West Virginia, and the McCoys, of Pike County.” ~ The opening sentence of the detailed 1888 report on the Hatfield-McCoy feud made to Governor S.B. Buckner by Kentucky Adjutant General Samuel E. Hill. (Newspapers around the country awaited the report from the Adjutant General to find out “what in the Sam Hill was going on up there.”)

For many persons, the term “posse” may give rise to an image of a Western sheriff calling a group of local citizens into action in order to chase an outlaw.

What is little known, however, is that Tennessee still has an 1858 law on the books that allows modern sheriffs to form a posse, if and when needed.

Two recent events have inspired this week’s column on the Tennessee posse law.

First, on Memorial Day weekend, HISTORY®, more commonly known as the History Channel, broadcast its three-part series, “Hatfields & McCoys™.” This series, based on actual facts, portrayed the post-Civil-War feud between two families in the Appalachian region along the border between West Virginia and Kentucky.

At one point, a “posse” formed in Kentucky by McCoy family members crossed the Tug Fork River into West Virginia and brought nine Hatfield family members and sympathizers back to Pike County, Kentucky, to be tried for crimes committed in Kentucky. The governor of West Virginia filed a federal lawsuit to force the Governor of Kentucky to release the nine and allow their return to West Virginia. In 1888 the U.S. Supreme Court ruled that the nine citizens of West Virginia, who had been captured by the posse and brought to Kentucky, could be jailed in Kentucky and tried for crimes allegedly committed in Pike County.

Second, reporter Beth Burger of the Chattanooga Times Free Press recently wrote an article about how Hamilton County Sheriff Jim Hammond has formed a 71-member citizen posse. Sheriff Hammond has issued posse ID cards that allow full-arrest powers to local citizens, but only if the sheriff calls them into action under the Tennessee posse law.

Q. What exactly does Tennessee’s posse law say?

In 1858, the Tennessee Legislature passed a law that allows any county sheriff to summon residents of the county to provide aid in keeping the peace and fighting crime.

Specifically, the posse law, now published in the Tennessee Code Annotated at section 8-8-213, reads as follows:

8-8-213.  Conservator of peace -- Summoning posse. 
(a) The sheriff and the sheriff's deputies are conservators of the peace, and it is the sheriff's duty to suppress all affrays, riots, routs, unlawful assemblies, insurrections, or other breaches of the peace, detect and prevent crime, arrest any person lawfully, execute process of law and patrol the roads of the county.
(b) The sheriff shall furnish the necessary deputies to carry out the duties set forth in subsection (a), and, if necessary, may summon to the sheriff's aid as many of the inhabitants of the county as the sheriff thinks proper.

“I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.” ~Rita Rudner, American comedienne

In honor of June, a popular month for marriages, here is an updated set of Q’s-and-A’s about Tennessee’s marriage laws.

Q.        How old do you have to be to marry in Tennessee?

If you are 18 or older, you can get a marriage license and marry with no waiting period. (Note: Tennessee does not allow ‘same sex marriages.’ Tennessee also does not presently legally recognize same-sex marriages or civil unions, even if such marriages or civil unions have been declared legal by another state.) 

If you are 16 or 17, your parents or guardian must accompany you when you apply for a marriage license. If one parent has primary residential custody, then that parent must bring custody papers to show proof of custody. 

Also, a three-day waiting period for underage applications is required, unless waived by a Circuit or Chancery Court or the county mayor or executive. The waiting period is waived if both parents of an underage party join in making the application.

If you are 15 or younger, you cannot get a marriage license unless authorized by the judge of the Probate, Juvenile, Circuit or Chancery Court, or the county mayor.

 “There are people in the world so hungry that God cannot appear to them except in the form of bread.”

-- Mahatma Gandhi, political and spiritual leader of India (1869-1948)

Most Americans have enough to eat, yet many adults – and even more children – are “food insecure.”  This term came into use about 6 years ago when a 2006 U.S.D.A. executive summary explained that the term “hunger” was “politically sensitive” and scientifically difficult to measure.

Some current proposals to slash federal spending would include cutting funding for food stamps. The nation’s food stamp program is presently still intact along with its ongoing goal to alleviate hunger and malnutrition.

Q. What does “food insecure” mean?

According to the U.S.D.A., food insecure persons don’t have adequate food to meet basic needs at all times due to lack of financial resources. Food insecurity means that a family does not have access at all times to adequate food for an active, healthy life.

“Housing has a positive impact on education, health care, public safety, and many other important social issues. Investment in affordable housing is an investment in families and communities.” ~ Tennessee Governor Bill Haslam, from a 2010 letter to THDA

This column is about an important – but not widely known – free program for Tennessee homeowners who are having trouble making their mortgage payments due to unemployment or underemployment.

The “Keep My Tennessee Home” program provides forgivable loans of up to $20,000 to unemployed and underemployed homeowners in every county of the state. In several counties, including Bedford, Lewis, Macon, Marshall, Maury, McMinn, Smith, and Trousdale, the program offers up to $25,000 for eligible homeowners.

Please share this “Keep My Tennessee Home” information with friends, families, church newsletters, and community bulletin boards.

Q.        What is the “Keep My Tennessee Home” program?

Tennessee is one of 18 states, plus the District of Columbia, where the unemployment rate exceeds the national average.  Many unemployed or underemployed homeowners in Tennessee, through no fault of their own, are financially unable to make their mortgage payments and are in danger of losing their homes to foreclosure.

The U.S. Treasury has established the “Hardest Hit Fund” for Tennessee and these other states with higher-than-average rates of unemployment.  Tennessee received $217 million and set up a program to distribute the money called “Keep My Tennessee Home.”

Homeowners who qualify for help may receive up to 18 months of monthly mortgage payments and/or funds to pay past due mortgage payments to bring the mortgage current. These funds are paid directly to the loan servicer/lender.

“Hey -- Let’s be careful out there.” Epic quote from the character Sergeant Phil Esterhaus (played by actor Michael Conrad) at the beginning of the TV show Hill Street Blues

In 2011, the Tennessee Department of Safety & Homeland Security posted its “Top 10” list of traffic safety laws for Tennessee visitors.  The list has a reference to each law as it appears in the Tennessee Code Annotated, which contains all currently-in-force state laws.

Some traffic laws in Tennessee may differ from those in other states. While written for visitors, the ‘Top Tenn.’ list is a good reminder for Tennessee residents.