Mon
Nov 27 2006
12:21 pm
By: R. Neal

In anticipation of the big Tennessee Supreme Court decision regarding the validity of Knox County's Charter, Mayor Ragsdale and County Commission are at odds over closed meetings to discuss legal implications of the ruling. I'd have to agree with Ragsdale on this. What do you think?

talidapali's picture

In this instance ...

I'd have to agree with Ragsdale. Let the sunshine in. Why would they have a problem with letting the public view the debate over term-limits and such? What do they have to hide?

"You can't fix stupid..." ~ Ron White"

Sandra Clark's picture

Ragsdale's right. Open up

Ragsdale's right. Open up the meetings. Politicians have ignored the will of the people way too long. -- s.

Mark Siegel's picture

I think Mark Harmon has it

I think Mark Harmon has it about right. If the Commission needs advice on the legal effect on the County of actions the Commission might take, an executive session might be appropriate to maintain attorney-client confidentiality.

For instance, if the Commission were thinking of authorizing a lawsuit or taking action that might cause someone to sue the County, there might be questions they would need answered by the County's attorney in a setting where the adversarial party could not be sitting in the audience listening to the answer.

IMO, however, the Law Department should not be advising the individual commissioners regarding the legalities of anything affecting the commissioners as individuals.

This is true regardless of whether such advice would be in public or in private, to the whole assembled Commission, or to individuals privately, about the charter, or term limits or anything else.

The Law Department should not represent the commissioners individually. Commissioners should hire their own attorneys if they seek advice about their individual legal matters. In fact, they pretty much all have hired their own attorneys regarding term limits already.

Bbeanster's picture

I agree with Mark who agrees with Mark

This case is not about individuals, contrary to what Diane Jordan says. It's about whether Weaver was correct in invalidating the charter, and if not, to whom do term limits apply. I see no need for commissioners, particularly those who may well be effectively out of office when this decision comes down to have an "executive session."

I presume the court will instruct them, and I presume they will follow those instructions -- although, based on past behavior, I realize that's pretty presumptuous on my part to presume any such thing.

And maybe, if Weaver is reversed, the plaintiffs should be ordered to pay court costs.

mpower1952's picture

Can anyone tell me

If the charter is constitutional, then the eight term limited leave office. Will they automatically be replaced by the people who ran against them in the last election and lost?

If the charter is ruled unconstitutional, then what happens? Who's left in charge? Does the Supreme Court have any say in this since there will be no one left in office?

Be a blessing to someone today.

talidapali's picture

My guess is...

and it is only a guess, the State Supreme Court would probably order a special election at the same time as their decision if it upholds the term limits. They would probably set a time limit on holding the election as well, but give enough time for the ballots to be set and all that stuff.

"You can't fix stupid..." ~ Ron White"

R. Neal's picture

That would be pretty wild.

That would be pretty wild. Greg Mackay only THOUGHT he'd get a breather before the 2007 city elections.

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