Fri
Oct 5 2007
02:19 pm

Evidently, Owings has changed his mind about the 30-day delay.

Sorry, Tramel.

Not.

Somebody needs to change some bumperstickers to "Re-appoint Bogus."

(link...)

Topics:
D Mac's picture

If the eleven vote in Cate

If the eleven vote in Cate in the 4th, then Scoobie's team have the majority to vote in Tramel. The rest will be history repeating itself.

How can we prevent this from happening? Make sure the swing votes will not allow it. Would that be Tony Norman, Larry Smith, Mike Hammond, Mark Harmon. How will Tank Strickland vote? Craig Leuthold?

knoxrebel's picture

Don Daugherty Under

Don Daugherty

Under Ragsdale's plan, only the 11 would make all of the appointments. This is even more problematic than Owings plan, as the 4th would have no representaion or vote throughout the process. That could present a serious federal Constitutional issue for 4th District residents only.

Rachel's picture

Yup, that's the first thing

Yup, that's the first thing I thought of when I saw the plan. If they really wanted to look like they were being completly above board, they'd wait and swear in everybody at the end. Then there would be no opportunity for shenanigans.

Also, why appoint the four countywide officials AFTER the commissioners? That's the complete opposite from what they did last time.

Maybe there's nothing nefarious in any of this. But by virtue of Commission's own actions, they've made everything they do suspect and open to intense scrutiny.

They'd better go several extra miles in not leaving even the appearance of impropriety in these new appts.

And I understand the concerns of the 4th district, but really, this is no difference than any other vacancy. If a 1st district commissioner died, for example, that district would only have one vote in determining his/her replacement.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

D Mac's picture

Reality according to Moore and Owings

Considering that the ones that will be calling all the shots in the appointment process will be Scoobie and John Owings, can we really expect much other than window dressing?

knoxrebel's picture

Don Daugherty Rachel: That's

Don Daugherty

Rachel: That's true, but you would supposedly have at least the one commissioner representing the interests of the entire district. Here, you have commissioners who were not elected by 4th District residents casting votes on 4th district commissioners. I think there's a difference.

Rachel's picture

I think it's unfortunate,

I think it's unfortunate, but there's no way to fix it short of a special election - and that's not going to happen.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

tennesseevaluesauthority's picture

4th District vacancies

In regards to the 4th district vacancies, while unfortunate, it is pretty much the same remedy that would be in place if both representatives were tragically killed by a falling piece of Skylab while enjoying a stroll in the West Town Mall parking lot. The remaining commissioners outside of the 4th district would have to appoint someone to fill the vacancies until the next scheduled election.

It is, in fact, the only remedy provided for filling such vacancies within current election law. So, while the 4th district may feel disenfranchised for the short term, they do have a long term solution come the February primaries. Past history notwithstanding there is no rule that says you have to vote for the incumbent office holder.

D Mac's picture

Term limited incumbents

The 4th district is in this pickle because they voted in two term limited commissioners in 2006.

Bbeanster's picture

Good point, D Mac

Good point, D Mac

knoxrebel's picture

Don Daugherty I'm afraid

Don Daugherty

I'm afraid that painfully true but unfortunate fact - the 4th voted in 2 term limited commissioners last year - does not amount to a waiver of their Constitutional rights.

Nelle's picture

Lumpy and Scoobie vs. Skylab

Were the two 4th District commissioners deliberating or deciding issues before Commission while strolling through the asphalt patches of West Knoxville?

If so, that sets a fabulous precedent: all violators of the sunshine law are to be struck by falling space debris.

I smell a charter amendment ...

knoxrebel's picture

4th District vacancies

Don Daugherty

Actually, the lawsuits may not be over. It appears that a federal lawsuit is in the works to enjoin the enforcement of Fansler's order. The suit is being prepared by lawyers for a group of 4th District residents on Constitutional grounds.

Rachel's picture

Here's my thing. A few

Here's my thing. A few years ago Danny Mayfield died while in office on Knoxville City Council. Council filled his seat - with a great deal of controversy, I might add. The first district didn't have a vote in the matter.

That's EXACTLY analogous to this situation. It's just what happens sometimes when vacancies are created. I'm not saying it's a good situation, but I have no patience with a suit to enjoin Fansler's ruling.

Who knows how long it would take such a suit to get through the courts? Probably not before the election in Feb. So the 4th district would rather stick us all with this pathetic bunch of illegally appointed people until then?

Bah.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

knoxrebel's picture

Mayfield

Don Daugherty

Rachel: That isn't analogous at all, really, because unlike City Council, we have no at-large Commissioners who are elected by all county residents. This was actually a suggestion by the One Question folks - 2 at large commissioners. In the situation regarding Danny's death, the whole city actually had a voice because three at large council members who were voted in, in part by the 1st district, participated.

Rachel's picture

Ok, fine. I'm sure there

Ok, fine. I'm sure there are other legislative bodies in this state with one representative per district who have had to appoint someone to fill a vacancy. Maybe this weekend I'll research that.

What does the 4th district want? A special election? Exactly how do folks propose to make that happen in the next 4 months after taking the time for a lawsuit to work its way through the courts, the legislature to pass a special act, etc. etc.? I'm not being sarcastic here; I'd really like to know these folks want to happen.

I was a strong proponent of a special election back in January. It's too bad Scoobie's quickie special meeting didn't allow that to happen. But now it just doesn't make sense, timewise, economically, etc.

It seems to me that about all a lawsuit like this would accomplish is to reward Commission for its misdeeds by keeping ALL these same jokers on Commission until the February election At least a new appt process will get rid of some of them.

I repeat, bah.

P.S. And I know this isn't germane to the argument - I'm being flip here - but if Cate & Tramel were my Commissioners I'd probably think I was better off with nobody.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

knoxrebel's picture

4th Dilemma

Don Daugherty

Rachel: A special election is out. The General Assembly does not convene again until January anyway. Its just too late. So, we are faced with a Feb primary and Aug general. This is the theory: things can't get much worse than they already are (but, who knows?), and if the status quo remains and Cate and Tramel et al remain in office until August, it is a likely they will screw up even more than they already have between now and then. The same goes for the other nitwits. This is the first time in my memory where being an incumbent - Dem or GOP - will be a disadvantage in an election. If the commission "does the right thing" and selects truly qualified and reputable replacements to serve until August, then it is those folks who are incumbents facing the original appointees, who are now the challengers. Why not let Cate, Tramel, et al remain in office until August, at which time they can be beaten in their own primariesin Feb or in the Aug general? Now that they can be "watched," its not like Cate and Tramel et al can do anything untoward as far as commission business goes, but they will continue to exercise their ever-poor judgment in their comments and campaigns. As the appointees, however, they will be severely tainted by this entire process.

So, there is no way to fix the 4th District's disenfranchisement dilemma short of the status quo. If the 11 appoint someone to Seat A (Cate or whoever) and then Cate (or whoever) is sworn in immediately, the 4th still had no say in electing their own representative. Worst case is the Ragman's Plan, which would allow the 11 to appoint replacements for all of the Dirty Dozen, leaving the 4th out entirely and leaving 6 districts under-represented. I understand that litigation creates a bad taste for all, but they cannot cure this fundamental Constitutional problem short of leaving everything as is. In the end, you can't trample on some voter's Constitutional rights just for convenience sake (even he is the one who re-installed 2 term-limited commissioners). Justice is blind, not stupid.

D Mac's picture

Are you saying...

Regarding:

Don Daugherty

Actually, the lawsuits may not be over. It appears that a federal lawsuit is in the works to enjoin the enforcement of Fansler's order. The suit is being prepared by lawyers for a group of 4th District residents on Constitutional grounds.

So are you saying that if this suit is filed "to enjoin the enforcement of Fansler's order" it would keep all the appointees(commissioners and fee offices) in their current positions? Or would it just be for the 4th district?

It seems to me that as long as Cate and Trammel are on commission, Scoobie stays in charge and in control of everything.

And I believe they can and will continue to screw up and the consequences are not to be taken lightly. For example, storm water and the Midway industrial park. It is more than election strategy, it is getting back our government.

knoxrebel's picture

Don Daugherty D Mac: The

Don Daugherty

D Mac:

The suit would seek to enjoin the Commission from disenfranchising the 4th, period, but 6 districts are under-represented. I understand that you want your government back, as I do, but its simply not going to happen until next September, when the truly popularly elected Commissioners are sworn in. Taking our gov't back IS all about the election. It's all about the election. The sooner people realize that, the more likely we are to actually take back our gov't and quit talking about it. The "new" batch of appointees will be not much (if any) different than the old "batch." Moore is in charge. He is going to stay in charge until next September. Wish as we may, whoever is appointed will only be appointed if Moore et al want them to be appointed. They have shown, repeatedly, that they will not listen to the public. Why should we expect that to change? He still doesn't believe he did anything wrong.

D Mac's picture

Alarming post!

Don,
That is a most alarming post coming the the Knox Co. Dem Party Chair! Is that the official party plan or just your personal one?

To just accept that Scoobie is still in power and not try to make a difference on even one seat, if not all 8, is absolute absurdity.

I would expect you of all people to be ready to talk to enough commissioners to wrench this appointment process out of the hands of the Scoobies and Lumpies (developers).

Try Tank Strickland (DEM), Tony Norman, Mike Hammond, Larry Smith, Phil Ballard, Craig Leuthold, and Mark Harmon. If you can get six of them to agree to even one appointee, wouldn't it be worth it? I agree with Betty, it is not a partisan issue, it is doing what is best for Knox County.

Step up to the plate Don!

knoxrebel's picture

Don Daugherty Its really not

Don Daugherty

Its really not alarming or absurd at all. I know what the numbers are. I've been there. I'm not saying that we're not going to try, we are, I am. I'm just saying I'm not so naive to think that we'll be successful. Where's the evidence of that, anyway? After all of this, are you saying that you have confidence in the 11 to do the right thing? Isn't that what we learned from this entire fiasco, that we can't have confidence in them? I do intend to step up to the plate and run good candidates who can win next year in most every seat. Just because we want them to put good representatives in these seats doies not mean it will happen. My focus is on a plan to give the voters control of the County gov't through full and fair elections, not another round of appointments, which might wind up as tainted as the last.

knoxrebel's picture

Don Daugherty The problem I

Don Daugherty

The problem I see with the order is the only one I really feared from the outset. DF wrote a thorough opinion, but now the 4th District has been effectively disenfranchised with respect to selecting its own Commissioner in Seat A. 11 Commissioners can vote on Seat A's replacement, but the 4th District, by virtue of not having a sitting commissioner, and unlike any other district, is completely shut out from participating in its own representation (at least Seat A). Sure, residents will be heard, but they won't have a vote. It may be that some 4th District resident might waltz into U.S. District Court and seek an injunction staying the order pending the August elections on federal Constitutional grounds.

Simply Ridiculous's picture

Neese

I think understanding the criteria Fansler refers to in the Neese case is vital to whether a re-do will happen.

Betty - that is too good for a bumper sticker; somebody call Lamar.

Joe328's picture

New appointments

How about holding a county commission meeting in a location in each vacant district, and allow the citizens to appoint there new commissioner. When all the new commissioners are in office, let the new commissioners appoint the vacated office holders. I realize this won't work, since it requires too much respect for the citizens this early in the changeover. I sometimes enjoy dreaming in a make believe world.

knoxvegas99's picture

"Do-over" headline for KNS, et al

Do that to me one more time!

(Thanks, the Captain and Tennille, wherever you are.)

Larry Van Guilder

Bbeanster's picture

I agree with D Mac.These

I agree with D Mac.
These guys do damage every single day they are in office.

But let's be honest here: except to hardcore partisans, party really doesn't matter much on county commission.

Republican Richard Cate is not really a "sheriff" guy nor a "mayor" guy. And he is far more than just a guy with a fondness for developers and a checkered past. He made his living as a lobbyist for developers. He "ran" Kim Litton's City Council campaign against Rob Frost, whom developers hate like rat poison. She was a bad candidate with a crappy campaign, but that's not for lack of money being thrown at her. Cate quit his job with the homebuilders just before he got this appointment, but anybody who thinks he's not still carrying their water just isn't paying attention.

Tramel is also very, very developer-"friendly," and I've learned by bitter personal experience that he'll make promises he has no intention of keeping in service of deep-pocketed developers (Lisa S. will know exactly what I'm talking about here). I'm not saying he takes illegal bribes, but as someone who rose through the ranks of the KCSO as Tim Hutchison's major fundraiser (he's not a real cop), he has a deep appreciation and understanding of what it takes to build a war chest.

They are both Republicans, but nobody should make the mistake of thinking Democrats are necessarily any better. If Sharon Cawood has met a developer she doesn't like, I have yet to see it. Democrat Mark Harmon is a strong, consistent friend of the environment and of neighbohood integrity, but so is Republican Tony Norman, whose sincerity and honesty just amazes me, especially since Hutchison's guys campaigned hard for him in the GOP primary.

Finally, Democrats must bear their share of the shame. Chucky Bolus could not have been elected without Democrats. Jonathan Wimmer, whom I also consider a hero in this whole sorry mess, didn't get one single Democrat's vote. That still outrages me.

Mark Siegel's picture

I'm from the Fourth

I'm from the Fourth District, and here's what I want:

1. County Commission should instruct the Knox County Election Commission to hold an "election" as soon as reasonably possible to identify the popular choice for each vacancy. I would think we would need a couple of weeks for people to get on the ballot, and four to six weeks to run the "election".

2. The "election" should be held on a non-partisan basis. Whoever gets the most votes in each race is the "winner".

3. County Commission should schedule appointment of the replacements for the vacant seats at a meeting as soon after the "election" as possible. The meeting should comply with the Open Meetings Law in all respects.

That would make me happy.

I am very much against a Federal lawsuit to enjoin implementation of Chancellor Fansler's order. I can't see how it would benefit me in any way, and I really don't understand whose interests it would serve.

S Carpenter's picture

Wouldn'the double 4th

Wouldn'the double 4th District vacancies be attributable to the TN Sup Ct term limits ruling? It wasn't caused by Fansler's order. So it doesn't sound like a long lived lawsuit to me.

But then, I'm no expert on federal court or civil law.

CBT's picture

They are both RepublicansMy

"They are both Republicans"

My memory may be failing me, but isn't Richard Cate Randy Nichols' campaign treasurer? Forgive me if my mind is in left field on this one.

As for a special election, it didn't happen back when and it ain't gonna happen now. Though it wasn't designed to do 12 at once, the law spells out how appointments are to be made. The news media would better serve the public by talking about the rationale for the ruling, the process for appointments and those persons interested in the jobs. By contonuing to talk about an unlikely special election, the public will be further confused and frustrated when the headline reads 'no special election'. Stop confusing the people who need to be involved in this process (leading up to an election next year). Educate, educate, educate.

Politics (not party politics) are already being played out. Don't kid yourself that with Fansler's ruling we will now have this pure process, void of any politics. Various Commissioners, interest groups, lobbyists and the 6th floor care deeply about who gets appointed, same as before. As I've pointed out on this blog before, Mayor Ragsdale has endured an enormous amount of negative press due first to serious problems in his office, but also due to County Commission (though the 14 to 2 subpoena vote wasn't based on any 'faction'). It is critical to the Mayor and his administration to get a few more friendly faces on Commission as he looks toward the next 2-3 years in office. That's likely one of many reasons Scooby and Mike Arms were having breakfast together a couple of times this past week.

Start counting to six, see who's likely to get appointed and then move on up the line. If they start with the 4th and swear 'em in as they go, that likely puts Seat A (formerly Cate) up first. So, if Cate gets the nod again, how do the 12 stack up to vote on the seat formerly held by Trammel? As I said, count to six and move on. Of course, this does depend on the process. Lots of folks will be gazing into their crystal ball trying to figure this one out.

bill young's picture

Tommorrow,

Dec...Feb..have an election every day if ya want.

I'm just gunna keep talkin politics in the neighborhood.

If they aint signed up to vote..Im signin em up

Makin a list..callin it twice.

Cuz 'round cheer.hit dont matter whur da crib be.

I'll be seein 'em early vote time at the UC!!

Mark Siegel's picture

I am not talking about a "special election"

A special election is defined in Tennessee law, and there is no provision for one to fill county vacancies. To have one would take an act of the legislature or an order of a judge willing to take matters into his or her own hands.

I am talking about is County Commission asking the Election Commission to have a vote, so the Commissioners can learn who the voters would prefer to have fill the vacancies.

A majority of County Commission has the power to require such a vote at any time, and need not ask for any one else's permission.

County Commission would still have to come back and vote to fill the vacancies, though I pity the fool who would vote for anyone other than the winner of the vote for a particular position.

Will this happen? Almost certainly not.

What will happen instead? More Keystone Cop politics.

Rachel's picture

Very interesting

Sandra handicaps the appointments.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

CBT's picture

Sandra's column begs the

Sandra's column begs the question...if not Jordan, Bolus and Tramel, then who? I'm sure names are circulating.

If Broyles gets the job in the Second, does she, as the common wisdom goes, get a name recognition leg-up? Piper says she won't seek the appointment. Is there a care-taker available in the Second?

Will Scott Davis reappear for one of the 4th District seats? How about Guthe or Schmid's personal choice? Ed Shouse might find his way into the mix. Then there's Kuhlman, Bogaty and others who ran as write-ins. Lots of choices for one/two seats.

I personally like Tom Spangler (nothing against JJ, I just know Tom better). But, JJ is the probable choice and will make a good Sheriff. Witt will get the Register nod again, as will Sisk for Trustee (unless LB Steele hires John Valliant). County Clerk? I think cousin Billy still gets the job, if he maintains again he won't run next year. There's no actual relation with Billy, well, none that I know of.

reform4's picture

Another view from the 4th...

Maybe this is a pipe dream, but it IS legal, solves the disenfranchisement issue, and gets us through the next general election:

force Commission to appoint those who came in second place in the 2006 general election into the seats until the 2008 general election. I can't come up with a better solution that stays within the law and halfway respects the will of the voters.

I suppose the only hope would be if Fansler reads this and elects to make it the imposed solution.

All good posts here... good analysis!

Bizzy's picture

Here's My Analysis

I think Knox County has been looking for this...

(link...)

knoxrebel's picture

That's hilarious. So now the

That's hilarious. So now the question, exactly who's brain is it? Moore? Lambert? Bolus? Sisk? Tramel? Maybe it's a Texas brain. Or a Freddie brain from from Lawrenceburg, TN.

Bizzy's picture

Or this one...

awoodle's picture

Is Richard Cate a Republican?

When I read CBT's post of 10/07/07, he seemed to ask whether Richard Cate is a Republican ("My memory may be failing me, but isn't Richard Cate Randy Nichols' campaign treasurer? Forgive me if my mind is in left field on this one"), I thought, "Of course Richard's a Republican; he's always told me he is." So I finally took time to check the Election Commission website and Richard identified himself as Republican when he picked up his petition for County Commission.
Now, I have no idea whether or not he was Randy's campaign treasurer. I know he and Randy are old, close friends. But what does whether or not he was Randy's treasurer have to do with anything?
Betty's point was, I believe, that party doesn't mean as much on County Commission.
And every now and then there are mixed-party friendships or even political liaisons.
I'm hoping we'll have some new commissioners whose qualifications are based more on integrity and acumen than on party or other affiliations.
Anne

Bizzy's picture

One Problem, reform4...

...Mike Alford.

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