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1.Define delegation and explain 1 reason why it is controversial 2. How is oversight controversial?Why is it necessary? 3. How do civil service protections protect

1.Define delegation and explain 1 reason why it is controversial

2. How is oversight controversial?Why is it necessary?

3. How do civil service protections protect government employees and administrators?

4. What is a loophole? Why are they problematic?

5. What is the public interest?How is the public interest utilized to justify government regulations and oversight?

6. Pat Jones, the owner of Pat's Pub, went to the Smithville Police station on May 9 to renew his liquor license. Smithville Chief of Police James Justice was off for the day, Deputy Barney T. Fife processed and issued the liquor license renewal to Pat Jones.

On May 12, Bob Berg, the owner of Bob's Bar, subsequently sued the city of Smithville for improper issuance of a liquor license.

Utilizing the language of the Smithville Charter (see below) and what we learned in class, was the liquor license improperly issued? Why or Why not? What issue is involved in this question?

Smithville Town Charter Section 13

The Smithville Chief of Police is hereby granted sole responsibility for the issuance, revocation, and renewal of all liquor licenses within Smithville town limits. The Smithville Chief of Police is also authorized handle all investigations, inquiries, and the collection of payments relating to the liquor licensing process.

7. On May 29, the Smithville Benevolent Clown Association (BCA), a local clown enthusiast and advocacy organization petitioned for an outdoor crowd permit so that they could hold a 'Clown Parade' in order to bring awareness to the profession and undo recent negative publicity. The group expected dozens of local children and their parents to turn out for the event.

Smithville Fire Marshall Barry McBurny denied the permit after receiving an anonymous objection from a concerned mother. McBurny declared that many children in the community could be traumatized and emotionally scarredby the clown gathering. McBurny stated no other evidence or rationale in his decision.

After the rejection, lead clown, Koko "Big Shoes" Jones appealed to the town council claiming that the decision by Fire Marshall McBurny was arbitrary and capricious and should be over turned.

Are the clowns likely to win their appeal? Why or why not? Utilize the Smithville Charter below and what you learned in class.

Smithville Town Charter Section 72

The Smithville Fire Marshall is hereby granted the authority to issue outdoor crowd permits to any organization planning a rally, demonstration, or other social gathering within Smithville town limits. The Fire Marshall is hereby instructed to issue such permits regardless of the race, color, creed, sexual orientation, or political affiliation of the group applying for such permits. Only in cases of potential violence, fire or public safety risk, or weather risk may the Fire Marshall deny, suspend, or revoke a outdoor crowd permit.

  1. All rejected permits may be appealed to the Smithville town council for review and consideration.
  2. Any challenge of a permit may be appealed to the Smithville town council for review and consideration.

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