Jack's back - and better than ever

It's been nine years since C. Jack Ellis completed two terms as Macon's first African-American mayor, a time of controversy and divisiveness. I was among his many critics.

Now Jack's running for tax commissioner against a tax office insider, Wade McCord, who's leading the office on an interim basis and has long been part of that office's establishment, as he proudly touts in robo-calls and exaggerated representations about his role. McCord might have been more cautious before taking credit for what's been going on.

I'm volunteering as Jack's legal counsel this time, and support his bid to change business as usual in the tax office. Why would Jack's fresh approach be better than McCord's establishment approach?

One big reason is blight, which damages everyone. State Sen. David Lucas, D-Macon, and I have been looking at this problem for several years, and are now trying, with help from the Urban Development Authority and the Land Bank, to rescue a few hapless properties teetering on the edge of getting condemned to the bulldozer. Tragically, the tax commissioner's office is already listing 1,137 Bibb properties as condemned — beyond rescue. My research indicates that's much bigger proportionally than in any other Georgia city.

Our tax commissioner's office shares in blight blame. Under the guise of being your friendly non-collector of taxes, the tax commissioner has allowed slumlords, absentee owners, heirs and others to skate from delinquent taxes until the properties are beyond the point of saving.

McCord is now saying that it's "illegal" not to file and execute liens on financial delinquents under his supervision. That's partly true. Under OCGA 48-3-3, tax commissioners are supposed to use liens and foreclosure to collect property taxes — though that law doesn't apply to collecting fees for services like trash pick-up, which can be, and are, under Macon-Bibb's charter in Section 29(i) and local rule, legally treated with more discretion. With respect to delinquent property taxes, though, why have McCord and company over the past decades been dragging their feet until the properties are hopelessly decayed?

McCord is now saying that he's long been working with the Land Bank to rescue properties. So where's the evidence, and how come 1,137 slipped through the cracks?

Then there's the garbage fee problem. Among tax commissioners statewide, Bibb's office is a laughingstock for its non-collection of garbage fees. Bibb's longstanding policy is just to keep toting up delinquent garbage fees for three years, 36 months, before placing any lien on any property, and never advocating for suspension of service while passing on the problem to those really responsible at that point: code enforcement, public health and the neighbors. As any debt collector knows, three-year-old debts are basically uncollectible. It's no surprise that $7 million in past-due garbage fees in Bibb are delinquent.

Gwinnett and Fulton county tax commissioners, by contrast, collect the vast majority of their garbage fees and property taxes, over 97 percent, by using more sensible policies. Jack is collecting evidence and thinking out loud about how to attack Bibb's delinquency problems, in part by working cooperatively. Jack has already shown that he's a technological innovator too, having helped Macon win a national award for tech innovation during his mayoralty. Meanwhile, McCord's office continues to drift along in isolation, tethered only to old and sorry practices.

I know that lots of people don't like Jack. Among other things, some say he's looking for a sinecure — owed a living on the public dole just on name recognition. But that doesn't hold water. At age 70, Jack is career military, a proud Vietnam vet, a Social Security recipient based on private employment, already has a Macon pension based on his mayoral service, and doesn't need a salary any more than McCord — maybe less.

Go ahead and rail against Jack for what you didn't like about his time as mayor. I could join you. But don't let that stop you from voting your pocketbook on behalf of the entire community, black and white alike. On the merits, Jack looks like the better choice for tax commissioner.

Dave Oedel is a law professor at Walter F. George School of Law.

This story was originally published April 17, 2016 at 8:25 PM with the headline "Jack's back - and better than ever ."