Thursday, October 13, 2011

What to watch in the Metro Council, Oct. 18th.

A lot of what the Metro Council meeting does can be really boring. Occasionally however there is something that proves controversial of at least should be controversial. I will be reviewing the council agenda's and posted items to watch.

Here is the item to watch on October 18th Agenda. This is from the staff analysis.

RESOLUTION NO. RS2011-59 (LANGSTER & MCGUIRE) – This resolution approves a contract between the Metropolitan board of health and Corinthian Missionary Baptist Church to upgrade the church’s kitchen facilities and to promote community gardens in North Nashville. The funds for this contract are from the federal stimulus grant the health department received to promote healthy living. These funds will be used to provide nutrition education, as well as to purchase a dishwasher, install kitchen sinks, purchase a new refrigerator, and purchase kitchen utensils for the church. Corinthian Missionary Baptist Church was selected through a request for proposals issued by the health department seeking community partners to promote healthy living. The church is to receive $24,275 in federal stimulus pass-through funds under this contract. The term of the contract is from the date of approval through March 18, 2012.

This health department contract incorrectly identifies the name of contractor. The contract designates “Good Food for Good People” as the contractor instead of Corinthian Missionary Baptist Church.

The council office recommends that this contract be amended to correct the name of the contractor and to include language specifying that none of the Metro funds will be used for a religious purpose. The Establishment Clause of the First Amendment to the U.S. Constitution has been interpreted by the courts to prohibit the use of governmental funds for programs that have the primary effect of advancing religion. A program may have the primary effect of advancing religion if it leads to religious indoctrination that could be attributable to the government, or if the recipient of government funds diverts any of the funds to further its religious mission. American Atheists, Inc. v. City of Detroit Downtown Development Authority, 567 F.3d 278 (6th Cir. 2009). Although promoting healthy eating habits is clearly a secular purpose, this contract includes language that could arguably lead to the advancement of religion. The Scope of Services in the contract provides that the church will use the funds to provide nutrition classes “as part of their regular church activities” and to incorporate time for health improvement “as part of the church’s ministry”. The council office suggests that the scope of services be revised to remove any reference to the ministry activities of the church and to specify that the programs are open to everyone regardless of religious affiliation.

This resolution appears problematic to me.  I am all for the faith based initiative. I believe tax payers get more bang for the buck when faith-based institutions serve social needs. People who are motivated by a religious conviction to serve the poor probably serve the poor more effectively and efficiently than others. This appears however to provide money directly to a church. Put lipstick on a pig and it is still a pig. By amending this bill to say that none of the funds will be used for a religious purpose does not change the nature of the bill. Are they only going to wash dishes used for a secular purpose in the church's dishwasher?

Also, is it not interesting to see up close how the stimulus money is being spent?

For those who watch the council meeting and wonder why there is so little discussion on the council floor, it is because most real explaining and debating takes place in the committee meetings. I hope there is an explanation of this on the Council floor or some floor debate. While my mind could be changed depending on what explanations may be offered in the committee meeting, as it stands now, I think this bill should be defeated.

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