Sun
Jul 29 2007
01:49 pm
By: Rachel
Just so Ragsdale doesn't feel too singled out - here's how Commission made the 1/31 appointments. In their own words, no less.
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Anyone who thinks
Anyone who thinks Commissioners didn't have a pretty good idea who they were picking when they showed up for the meeting is too far out in left field. Appointments are supposed to be just until the next election to fill the void. No one could have imagined the situation Knox County was put in by the Supreme Court in having to appointment 8 Commissioners and 4 county-wide offices. We could have had forums and debates for months (for a term of about a year and a half).
The story is right. If there was some agreement on Tindell and Guthe's seat, we might not be where we are right now. In fact, I would argue that if there was an agreement on Guthe's seat or if Guthe had voted to break the repeated 9-9 ties, we might not be where we are now. Some controversy, yes. But, not like we've seen with lawsuits, etc.
I hope the courts clarify what constitutes an 'open meetings' violation. Two or more, a quorum, what? Again, you might not like how we got here, but getting this issue clarified, among other things, is a good thing. It would have likely never come up otherwise.
Anyone who thinks
Anyone who thinks Commissioners didn't have a pretty good idea who they were picking when they showed up for the meeting is too far out in left field.
Of course I'm not surprised. Although apparently Scoobie is "too far out in left field" since he claims he hadn't settled on his candidates until the meeting.
I would call that a blatant lie. Under oath.
OTOH, there's no defending how Commission operated. For the most part, they didn't even pretend to care what the voters might think, nor did they pretend to abide by the Sunshine Law. In fact, I'd argue that they didn't even pretend to pick good Commissioners. They picked their political buddies.
Of course politics always plays a role in government, but when it's the only role, we're in trouble.
Hey, another parallel to the Bush administration. Sorry if you don't like me mentioning it.
shallow right field
Chad, there is nothing "far out" about being disgusted with the commission appointments. You can hide behind the uncertainties with the Sunshine Law all you want, but the fact of the matter is they were literally disallowing public discussion of candidates. Whatever might have been going on behind the scenes, what was happening in the public forum, where all discussion of public business is supposed to happen, was silence.
And this notion that "no one could have imagined" the county winding up in this situation is crap too. The situation was 16 years in the making, with plenty of hints as to how it would end. Several commissioners saw the writing on the wall and declined to run for seats they had held for many terms. The long-term disregard for the public will and the chaos of the 2006 elections made it all the more important that the appointments be done responsibly, but they were not.
Nobody wants or expects commissioners to show up for meetings with their minds in a state of ignorant bliss. They expect them to show up prepared, informed and ready to conduct public business in a manner we can all be proud of. Instead, we got clowns and mimes performing a scripted folly.
We need some green cubes or something...
Rikki nailed it so I didn't have to be the one that irritated CBT.
All I can do is say...What he said!
They expect them to show up
They expect them to show up prepared, informed and ready to conduct public business in a manner we can all be proud of.
Seems to me except for the Democrat in the 2nd District and Guthe in the 4th, this is exactly what happened.
What sort of forums, debates, public input would you have wanted? What if Commission felt the need to get it done quicker? In my opinion unless everyone got 'their' candidate appointed there was going to be complaining about a 'fix', not enough public input, etc. It was a no-win.
Jimmy Kyle Davis was appointed last year as Sessions Judge just a few weeks prior to a primary election when the voters would speak. Where was the outrage then?
How about when Paul Pinkston was appointed to fill his brother's seat? I heard barely a peep. No editorials. No lawsuits.
My point is this is how Commission (Republicans and Democrats) have done business for decades. But, it wasn't until a situation arose where so many appointments were required at one time that anyone, except a few politicos, paid a darn bit of attention.
Over the 16 years you complain of, tell me why no candidiate or officeholder (Democrat or Republican) ever filed a lawsuit to question term limits? You yourself could have run and had standing as a candidate to challenge the term limits. A few Commissioners finally did in Shelby County (who was the only other charter form county with term limits). That lawsuit resulted in the Tennessee Supreme Court upholding term limits for County Commissioners.
I have worked in county politics for close to 20 years. Until the Shelby County case, virtually no one talked about term limits. No one in Knox County tried to challenge it. Seems to me all these people who are griping now about abiding by the Attorney General's opinion that term limits were unconstitutional could have done something about it. But, now all they do is gripe because Commission was handed a no-win situation.
But really, it's what we do now that counts. Unless the court is of a mind to overturn the appointments made on Jan. 31 (which would only create more chaos), it's in the past. We need to get some good people to run in the next election and fix government the way it's supposed to be fixed...by electing good, honest, hard-working public servants.
CBT, you make my head hurt.
CBT, you make my head hurt. So a) we're supposed to say that since "everybody always does it" Commission gets a pass? and b)we should just forget all about it and move on?
To a) I'll say that the "everybody does it" defense didn't cut it with my momma 40 years ago when I was a young 'un and it doesn't cut it with me now.
To b) I'll just repeat an overused quote, since it's appropriate anyway - those who forget the past are condemned to repeat it. Maybe I'll think about forgetting it and moving on when Scoobie stops lying about it. BTW, aren't you Rs supposed to frown on lying under oath?
P.S. I don't give a fig which party these folks belonged to. Some of the ones who acted badly were Democrats.
I wasn't necessarily talking
I wasn't necessarily talking about forums and public input sessions and the like. I just think commissioners should talk about the things they vote on. Legislative bodies are supposed to be deliberative, and they should leave behind some record of why things were done, not just vote tallies.
The appointments were done without discussion. As far as I'm concerned, that is proof of a Sunshine Law violation, because it implies discussion somewhere else other than in public. Of course, there were forums for some seats, and commission disregarded them.
You are creating a false equivalence between the Black Wednesday appointments and other appointments. Why someone with standing (and money -- my excuse) never challenged the term limits position is irrelevant. My point was the disregard inherent in ignoring term limits created a circumstance that demanded extra care. At the very least, the order in which appointments would occur should have been discussed and set so little games like replacing seat X to alter vote Y could be avoided. If you review the KnoxViews archives, you'll see that I spelled out what ground rules I thought were necessary well in advance of the nominations and votes. I wasn't asking for anything time-consuming or elaborate, just an open and deliberate process.
Ragsdale put a lot more thought and effort into handling the term limits mess than Moore ever did. He assembled a charter commission to repair the defects identifed by Chancellor Weaver. He made good suggestions for the appointment process. His lax oversight over p-cards and expenses is a mark against him, but if you total up all the money wasted by the mayor's office, it's a fraction of the favors commission gives to developers in sewers and roads.
the "everybody does it"
the "everybody does it" defense
Rachel, that's not what I said. Go back and read my comments, in context.
What I said was that Commission has made appointments this same way for decades and barely a peep was heard, not even from the newspapers. But, when the term limits decision came down and a dozen or so had to be appointed at one time, it got people's attention. Commission made the appointments. You can gripe about that or if you don't like it figure out a way to fix it.
Seems to me that it's good people started paying attention. We haven't had enough of that in Knox Co. It appears changes are underway and we'll get some clarification on what Commissioners can and can't do.
I also said Commission was in a no-win position. I'll stick by that. However it was done, someone was going to be mad.
I don't want to forget the past. But, I can't change it. One thing I can do is to work to elect good people to office.
This is pretty simple stuff. It shouldn't make your head hurt.
barely a peep
Memory's a funny thing.
I seem to recall lots of outrage about dirty back room deals done cheap over the years and lots of reporting on it. I seem to recall people up in arms over the sheriff's high-handed decision to build a jail downtown. I seem to recall protests over ashe's choice of replacement for Danny Mayfield on city council. I seem to recall a recall movement. I seem to recall being personally disgusted and disillusioned when term limits were voted in and officeholders refused to get out.
I seem to recall lots of outrage over the years.
Memory's a funny thing, though.
It plays tricks on you.
Ragsdale put a lot more
Agreed; and now commission is doing all they can to bring Ragsdale down (hopefully resign) so King Scoobie can step in and appoint this mess all over again? Not defending the issues in the Mayor's office, but everyone knows that some of it is taken out of context for political maneuvering. If this battle is now about the Mayor v. Scoobie, I think everyone in knox county except 8 or 9 commissioners and their families know what is right.
Not Defending... Just the Facts...
Did the State Attorney General not state that the term limit bill as passed by the voters of Knox County was illegal and not to be enforced???
If so you should be mad at the attorney general for not following the wishes of the voters...
Are we not a country of law abiding individuals...?
When the top law enforcement official of our state ruled that terms limit are not legal… that pretty much is it...
As I recall it was a lawsuit filed in Shelby County which caused our state Supreme Court to rule that terms limits are legal...
Now if you have a problem with what happened after the Supreme Court ruled so be it...
But you can not hold it against the officials who continued to run and be re-elected based on the ruling of the State Attorney General who ruled term limits do not apply...
ruled?
When the top law enforcement official of our state ruled that terms limit are not legal… that pretty much is it...
ruled? I believe he opined. I wasn't aware attorney generals rule. Judges rule. AGs do not.
When the top law enforcement
When the top law enforcement official of our state ruled that terms limit are not legal… that pretty much is it...
No, when a judge makes that sort of ruling, that pretty much is it. A state AG has no authority to overturn a law, and local officials should never have granted his opinion such weight. They should have validated it in a court.
Of course, that's all beside the point, which is that the appointments made to correct this insult should have been done in a way that did not just reinforce the disregard.
Kind of like...
how the top law enforcement official of the United States says torture is legal?
"Top Law Enforcement Officials" have had a pretty dismal record in the recent past for actually knowing and following the law.
And yes, we are a country of law-abiding citizens, until the law becomes "an ass". Then as citizens we are duty-bound to practice civil disobedience, if we can get no relief or remedy from the courts and legislatures.
_________________________________________________
"You can't fix stupid..." ~ Ron White"
"I never said I wasn't a brat..." ~ Talidapali
who to be mad at
Memory's a funny thing.
My recollection is that then Knox County Law Direct Mike Moyers was asked to ok the term limits referendum language before the vote. Maybe he even helped write it? I can't quite remember.
Immediately afterward he asked the State AG's opinion of the wording and got the opinion he knew he'd get.
Plus, what rocketsquirrel and rikki said.
I think we can keep our outrage local. But you be mad at whoever you want, based on whatever facts you select.
EDIT: See Johnny Ringo's correction and clarifications below.
Nope
My recollection is that then Knox County Law Direct Mike Moyers was asked to ok the term limits referendum language before the vote. Maybe he even helped write it? I can't quite remember.
Immediately afterward he asked the State AG's opinion of the wording and got the opinion he knew he'd get.
Memory IS a funny thing. Maybe you should have a look at this. Mike Silence gets the history and the facts right:
In November 1994, when then-private citizen Fred Thompson was campaigning for the U.S. Senate and for term limits, nearly 80,000 voters cast a ballot -- about 20,000 against -- on the county term limit referendum.
That's more than the number of people that vote in most city or county elections. But the high turnout also was attributed to Thompson's and the gubernatorial races. The county referendum was on the ballot as a result of the efforts of Tennessee Term Limits, a nonprofit, nonpartisan group.
That group collected about 18,000 signatures to put the measure to the voters after Knox County Commission voted down placing it on the ballot. Ragsdale led that effort and when it failed, he and others, like current Commissioner Mike Arms, backed the measure drawn up by Tennessee Term Limits.
...
However, at the request of then state Sen. Bud Gilbert, R-Knoxville, the state attorney general's office in February 1995 issued an opinion saying the matter only applied to the law director's office.
And by the way, Richard Beeler was Law Director in 1994.
SnM: I think we can keep our outrage local. But you be mad at whoever you want, based on whatever facts you select.
I agree. Just make sure you've got 'em straight.
I figured someone would set
I figured someone would set me straight if my memory was incorrect. Thank you for the link, Johnny.
Edit: And I should apologize for posting without checking the facts. There's obviously a lot of conflating going on in my memory, blaming the messenger for the mess.
NP. It's a long and
NP. It's a long and convoluted story, and keeping the timeline straight isn't the easiest thing to do.
Ragsdale put a lot more
Can't argue with you there... And, he appeared to be much smoother in his lobbying efforts for appointments, just not effective...
Dispite some folks continuing efforts, I just can't see placing a white hat on anyone in this whole mess.
The executive branch of county government seems to be doing a pretty good job of that on their own.
You missed the point
No one from Knox County challenged the State Attorney General... not even me... and I did not see any of you guys or girls run to court to file a lawsuit to challenge what the Attorney General ruled... said... stated or whatever...
So based on that fact I am blaming all of you for the mess...
If you were so smart and new the Attorney General's words carried no water why did you not do something about it be fore Shelby County had to come to our rescue…
Chronology
Joe, earlier: "I did not see any of you guys or girls run to court to file a lawsuit to challenge what the Attorney General ruled... said... stated or whatever..."
But Joe, it isn't possible to file suit against an AG in objection to his *opinion* on an issue. He did not and could not actually rule on any case.
"If you were so smart and new the Attorney General's words carried no water why did you not do something about it be fore Shelby County had to come to our rescue."
But you see, no one in either Shelby County or Knox County was able to file any lawsuit until s/he had actually suffered an injury, and no one could actaully claim any injury until the 2006 election was underway.
That is, the 1994 referendum and resulting ordinance establishing term limits was not retroactive (no law can be retroactive in its effect) and did not/could not count any previous terms served by commissioners in office as of 1994.
Since all 19 commission seats open concurrently, and since their terms of office are for four years, the "clock" used to count the maximum two terms commissioners could serve began with the 1998 election, counted as the "1st term." Commissioners re-elected in 2002 were then deemed to be serving their "2nd term," even if they had actually served for many more years than that (like Mary Lou Horner had).
It was only when some of these commissioners ran for a "3rd term" in 2006 that they were in violation of the term limits law.
Since Shelby County's term limits referendum had taken place at the same time ours had, and since all other circumstances in their question paralleled ours, there was no need for a Knox County citizen to file suit. The Shelby County suit could and did answer the Knox County question, too.
These folks claiming that any Knox County candidates running in the 1998 and/or 2002 elections were term limited are in error. No candidate was term limited prior to the 2006 election and no lawsuit could have been filed prior to that time.
no lawsuit could have been
no lawsuit could have been filed prior to that time.
Except by Commission or the County Executive or Law Director, who could have sought clarification from the courts just as they did with the question of when to start counting terms.
Speaking of faulty memories, I remembered another reason why I never protested term limits being ignored. I think term limits are a stupid idea, and I had hoped that with them off the table, people might pursue real campaign reforms, like blasting rap music at 100dB outside the U.S. Supreme Court until they realize free speech does not mean freedom to speak louder than anyone else can afford.
Meanwhile....
Does a malignancy exist in the Knox County Mayor’s, Commissioner’s and Sheriff’s offices? What happens in government if the cancer spreads - bathroom rumors, angst ridden chat in some hallway, the suspicious elevator or stairway glance, the forced smile exiting the building and the disquieting silence of insecurity? Don't they feed into and off each other? Questions raise questions and gnaw on the bureaucrat’s brain cells: “Who” has “what on “whom?”
“Suspects” may be transferred from one department to another – a procedure that definitely has historical precedence in Knox County - dating back decades. I must say it was the same in New Orleans. It’s like an old time religion.
Do political actions soothe a conscience, a wallet and a need for power?
Meanwhile...
Supreme Court
So the real problem then is the courts who failed to act in a timely fashion and by their own delay created this problem... a the time of the election it was still legal for the commissioners to seek re-election as there had not been the ruling by the State Supreme Court at that time... correct... so once again... if the courts would work 7.5 hours a day and 5 days a week maybe they could have ruled earlier and saved us from this mess...
With regards to your points about terms limits... our current population is to lazy to exercise they duty and right to throw the bums out by actually going to the polls to vote... so we have to pass laws which state politicians should be part time jobs not careers… a.k.a. term limits…
As for the current state of county commission and the executive branch… I kind of like them arguing with each other… at least they are not thinking of new ways to spend our tax payer dollars expect on medical procedures and lobsters
huh?
So the real problem then is the courts who failed to act in a timely fashion and by their own delay created this problem
No, that's not it at all. That's not even true.
It's becoming clear that the real problem is that you don't want to admit what the real problem is, which is that Scott Moore had an opportunity to show Knox County voters the respect they had not gotten since enacting term limits, but instead he found novel ways to abuse them.
Everyone wants to blame
Everyone wants to blame Scott Moore. But, read the stories in the KNS. Pinkston and Clark had their own method of picking. Griess wanted to pick and protect his legacy. Jordan knew who she wanted. Same for John Schmid. Mills tapped his friend Jack Huddleston. B. Tindell wouldn't play with Harmon. Guthe refused to vote and apparently got mad when his choice (which he didn't reveal until the day of the meeting) wasn't ratified.
Scott Moore had nothing to do with any of these. Moore is the Chairman, but was dealing with a lot of different agendas (see above). Lots of people may think he didn't handle it right. But, I will also point back to my comments about this whole mess being a no-win for Commission, no matter how it was done.
gop gap
Lots of people may think he didn't handle it right. But, I will also point back to my comments about this whole mess being a no-win for Commission, no matter how it was done.
I'd have more regard for this position if Moore had actually tried to do something. He clearly had a difficult and delicate situation on his hands. Instead of rising to the occasion like a true leader, he shrunk from it. All he did was stifle discussion and force the commission through a literally insane series of revotes.
Moore gets the blame because he is Chairman and because what little he did to handle the situation only made it worse. Best as I can tell, he has minimal leadership skills and is more of a puppethead. He makes Ragsdale look like a bold visionary, and I think it is sad that people are talking about Ragsdale resigning while there is a glaring void in leadership in plain view.
Chad, your stance on this subject is akin to Hornback's stance on health care reform. It's a void. Just because the situation was too messy to have an ideal solution does not mean all possible solutions were equally bad. You haven't offered any positive contributions here, just efforts at squelching discussion. It's that sort of dismissiveness and lack of vision that makes Republicans seem increasingly irrelevant while Knox County flops in the sunshine like a fish out of murk and the federal government careens towards unchecked, unbalanced executive power.
Simply calling for better candidates to be elected in the future is not enough. We need to talk about what "better" means and how to get better candidates to run and run successfully. Identifying the problem is usually step one to any solution, but you don't want to talk about what has gone wrong, nor are you offering any concrete vision for where we should be heading, just platitudes.
You guys missed it again...
The problem is two fold... one a court system in our country which is highly ineffective... and number two that is the way business has been done Knox County...
Not saying it is right... but get off of your high horse...
It was the perfect storm the result of an lazy court system which waited to rule until after the election and provided no direction on how to fix the problem they created and then a county commission which has always worked the backroom/back hall... take a short recess/bathroom break or whatever to line up the votes...
The problem I see is that you guys just now started paying attention and had your nose bloody and did not like it... Commission just used the current rules and laws against you and won...
Now is the time to quit crying over spilled milk... nothing is going to change until educated well informed folks go the polls and vote each and every time there is an election which will make the elected pay attention and not pull these type of stunts in the future...
But I am willing to bet the voters do not turn out at the next election any better than the last few... I hope I am wrong... but for whatever reason folks just don’t vote anymore...
One last thing… when I was growing up and a young kid... many many moons ago... my Dad always took me with him on election day... it was really cool... he always explained what he was voting for and why it was important to vote... when was the last time you can remember seeing a parent with a child at the polls... if you did it was probably me as I always take my children and explain the who and why we are voting...
I can only hope I do as good of a job explaining the who and why to my children as my Dad did to me...
Joe, the courts can't do
Joe, the courts can't do anything until someone brings a case before them. Any Commission, Executive, Mayor or Law Director (and perhaps Sheriff too) between 1994 and 2006 could have put the term limits question before a judge, but they did not. That is where there was laziness and neglect.
Sure, Chancellor Weaver's timing was exquisitely bad, but he never would have been facing such time pressures if county officials had handled the matter promptly and responsibly. The short courtroom hours Frank Cagle wrote about in this week's MP relate to sessions court and jail overcrowding. They are completely irrelevant to this issue, which is a matter for chancery court. Maybe the chancery courts have similar problems, but it's absurd to call Weaver lazy. If anything, he should have had more time to tackle the weighty issues involved in the term limits case. I objected to his decision and remedy. I think the case should have been heard outside Knox County. But it was county officials who had 12 years to resolve the matter, not the courts.
ps
Hey Joe, when I first read your post, I saw "a court system in our county which is highly ineffective," but now I see it says "country." That lead me to think you must have Cagle and the jail overcrowding on your mind. Sorry about that.
Weaver worked hard and fast.
Weaver worked hard and fast. The Supreme Court didn't. In fact, the Supreme's were asked to take the Shelby Co. case without a hearing in the mid-level Court Of Appeals. The Supreme Court declined. That caused more delay in the Shelby Co. case, which in turn delayed the Knox Co. case. Absent federal judge Jimmy Jarvis certifying the Knox Co. issue to the Supreme Court (which he had the right to do since he had a Knox Co. case which could be impacted), the Supreme Court in the Knox Co. case could have taken even longer. When the Knox Co. case came out, the election process was already too far along to make any change.
In defense of the Supreme Court, I'm sure the judges knew it was an important case and wanted to get it right and not just fast. In some ways with the Shelby Co. case, Moncier lawsuits, the lawsuit by Knox Co. Commissioners, the statutory appointment process Commission had to follow, it was a perfect storm. Or maybe it was the storm which followed. Either way, it was never going to make everyone happy.
Chancery court's role in TL
Oops. Sorry, Joe. I guess I inadvertantly caused confusion in failing to specify that no *private citizen* could file suit in Chancery Court prior to the 2006 election, although I alluded to private citizens' being the group under discussion here:
"Since Shelby County's term limits referendum had taken place at the same time ours had, and since all other circumstances in their question paralleled ours, there was no need for a Knox County citizen to file suit."
Yes, Rikki's right about other elected officials having had an opportunity to seek clarification from the courts prior to that time--and I agree that they should have.
I agree with Rikki and Chad, too, that by the time the question landed in Chancery Court, Weaver had a tremendous and time-sensitive task on his plate. I felt that he performed it as well as he possibly could have and I was very sympathetic to the many constraints he faced.
Personally, I thought the
Personally, I thought the timing was curious. But so is everything else about Knox Co. politics.
Scoobie did it
Scoobie was the one that forced the appointment date up the calendar to avoid any further discussion of public input. That was key to the shenanigans that transpired. He set the ball rolling toward appointments. He himself had is friend Lumpy do all the "back room deals" so his hand remained clean, so to speak. He set the rules, that appointees credentials would not be presented and that discussion was not done in the open, but during recesses (or pee breaks as they would have us believe).
IMO, Scoobie set the stage, directed the play, and let his actors ad lib as necessary.
Scoobie
IMO, Scoobie set the stage, directed the play, and let his actors ad lib as necessary.
You're giving Scoobie way too much credit. He just executed what was choreographed for him by Shurf Tim.
Rachel, you're giving Tim
Rachel, you're giving Tim Hutchison way too much credit (or placing too much blame, I'm not sure which).
My Point is
My point is that is the way things get done in Knox County/Knoxville going all the way back to Cas Walker...
at least no one "got slugged" like Cas did to someone back in his day...
If it did comes to blows my $$$$ is on Shurf Tim's boys cause they got guns...
A smart person told me about
A smart person told me about dozen years ago, always end up on the side of the folks wearing kevlar and carrying guns (and this was 'political' advice).
Wikipedia update: Knox County
I just spotted this on No Silence Here. Wikipedia's update as to Knox County government is none too flattering: (link...)