Commission appointments tossed
In accordance with Tenn. Code Ann. §8-44-106(c) the Knox County Commission and its members are permanently enjoined from further violation of Tenn. Code Ann. §8-44-101, et. seq.. More precisely the Knox County Commission and its members are enjoined from engaging in any chance meetings, informal assemblages or electronic communications consisting of, or between, two or more members of the Knox County Commission for purposes of deciding or deliberating public business in circumvention of the spirit or requirements of the Open Meetings Act.
Unlike the majority of states, Tennessee’s Open Meetings Act provides for no penalties against those violating the act. However, a violation of this injunction which will become effective at 12.01 p.m., Friday, October 5, 2007, may result in a prosecution for criminal contempt which, if proved, could result in punishments of imprisonment for a period not to exceed ten (10) days and/or a fine of fifty dollars ($50.00) for each violation.
October 5th, 2007 at 1:11 pm
When you “grow” government past a certain point, this kind of thing becomes predictable and commonplace.
Today’s corporate and bureaucratic modeled government does a huge business. It attracts folks who want to DO business.
October 5th, 2007 at 1:32 pm
Is the ruling today by Chancellor Daryl Fansler a neutral ruling and does it follow the precedent from the Tennessee State Supreme Court ruling on term limits? Or is it “Mission Accomplished” for Herb Moncier? Did Moncier finally get the Great Write Whale Tim Hutchison?
Fansler should have either ordered a Special Election or required the 8 County Commissioners to return to Commission for the do-over. His ruling today conflicts with the Tennessee Supreme Court ruling which ruled that the 8 County Commissioners could serve until they were replaced. This means they would vote for the appointments of those who replaced them. Chancellor Fansler’s ruling today is not consistent with the ruling from the Tennessee Supreme Court. Has Chancellor Fansler made an unconstitutional ruling? Let’s see how many lawsuits are filed today.
Having a do-over is one thing. It is the remedy for a violation of the Sunshine Law. However, limiting the County Commission to 11 voting Commissioners instead of the original 19 is a huge difference. It is a distinctly Pro Ragsdale difference. If the do-over is done with the remaining 11 Commissioners Ragsdale enjoys a majority. If the do-over is done with the original 19, it is close. But does local politics matter? The answer is it shouldn’t. The Supreme Court ruled the original 19 would vote to make the appointments. Chancellor Darryl Fansler has over ridden the Supreme Court.
Was this ruling according to the laws of the State of Tennessee and the Knox County Charter?