Is Knox charter invalid? - In term-limit opinion, chancellor says county government 'compromised'

Knoxville News Sentinel ^ | 4/8/6 | MICHAEL SILENCE

[SmithL]

Knox County's charter might not be legal, a chancellor presiding over some of the term-limits litigation suggested in an opinion this week.

As part of an opinion he issued denying a request that Sheriff Tim Hutchison's name be removed from the May 2 primary ballot, Chancellor John Weaver wrote that the governmental structure outlined in the charter "appears to be a compromised form of government."

Weaver added that "no such compromised form of government appears to be available" under either the Tennessee Constitution or state law.

In motions filed Friday, lawyer Herbert S. Moncier argued that Weaver's reasoning "strains to invalidate the people's Charter for Knox County's Government" and asked that Weaver disqualify himself from future proceedings. Moncier represents Democratic Party Chairman Jim Gray, Commissioner John Schmid and former Commissioner Bee DeSelm.

Weaver had been asked to toss Hutchison off the ballot after the state Supreme Court ruled that term limits apply to Shelby County commissioners. Knox County voters approved term limits for most county offices, including sheriff, in 1994.

The state constitution allows the Legislature to establish alternate forms of county governments, including charter governments. Under the state law establishing charter governments, only the charter can authorize government offices.

Weaver noted that the charter _doesn't address qualifications for officers other than the mayor and commissioners.

"The charter contains no such section for the Sheriff, Trustee, Register, County Clerk, Assessor of Property, or Court Clerks," he writes. "The charter contains no residency requirement for Sheriff, Trustee, Register, County Clerk, Assessor of Property, or Court Clerks."

Weaver wrote that, "The argument certainly exists that the Knox County charter, as presented to the voters of Knox County, never effectively implemented a charter form of government because it does not provide an alternate form of government to perform all the governmental functions previously performed by the county."

The Knox Count Law Director's office declined comment Friday on the chancellor's comments.

Moncier, in his motion, wrote that courts in Tennessee are supposed to avoid "absurdities" and shouldn't construe the law in such a way as to work against the public interest.

Weaver's words, he Moncier, "suggest that the people's intent to create Knox County's government should not prevail."

Moncier also asked Weaver to disqualify himself from the litigation because Weaver, too, is on the ballot and could have to render decisions that affect his office.

Election officials have determined that the Supreme Court decision applies to 12 incumbent Knox County commissioners up for re-election this year. The Election Commission will allow their names to remain on the ballot during the primary, but they won't be allowed to se: 0p

[SmithL]

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