Posted on 06/10/2006 3:36:17 AM PDT by TennesseeGirl
Let the appeals begin. Sixteen years after its adoption, the Knox County Charter was ruled "incomplete, invalid and ineffective" by Chancellor John Weaver in a bombshell ruling Friday that's sure to leave more questions than answers.
But for now, the charter and its term-limits amendment are out.
The written opinion upholds the argument of five term-limited county commissioners who filed a lawsuit in April challenging the charter's validity.
In an attempt to void the charter's term-limits amendment as much as the charter itself, their suit contends that the document does not specify the duties of Tennessee's so-called "constitutionally mandated" county offices, including the trustee, register of deeds, property assessor and county clerk.
In defense of the charter, however, Knox County staff attorneys argued that the charter isn't incomplete but instead works in tandem with the state constitution and state law.
Weaver didn't buy it, citing the state Supreme Court's recent ruling that upheld term limits against county commissioners under the state's only other "home rule" charter in Shelby County. That ruling basically reinforced a charter county's constitutional right to restructure its local government, as long as it follows state law's "enabling legislation" by providing for all of the duties of the mandated offices.
Yet Knox County's argument "blatantly ignores" the state legislative requirement that a charter must address "all the functions previously performed by the county," Weaver wrote.
"The charter violates the enabling legislation because it does not actually do so. The County's reliance on the doctrine of preemption is misplaced."
Weaver's ruling actually shouldn't come as much of a surprise.
The commissioners' lawsuit was filed less than two weeks after the chancellor himself first raised doubts about the charter's validity in an earlier opinion that rejected attorney Herbert S. Moncier's request to remove Sheriff Tim Hutchison's name from the May 2 primary ballot.
The only questions remaining now concern the fallout of Weaver's scathing decision, which effectively kills the two-term restriction that voters overwhelming approved for all county elected offices in 1994.
The limits never were enforced because of a state attorney general's opinion the following year that deemed them unconstitutional - a claim that the Supreme Court's recent ruling overturned.
The Knox County Election Commission, which was named as a defendant in the latest case, along with Knox County government and state Election Coordinator Brook Thompson, still has until June 25 to finalize the Aug. 3 ballot.
Without taking a position, the board only had asked that the ruling specify which county offices, if any, were subject to term limits.
Greg Mackay, county administrator of elections, declined to say Friday whether the Election Commission is ready to move forward in light of the ruling. Pam Reeves, the Election Commission's chairwoman, was unavailable for comment.
County Commissioner Billy Tindell, one of the five who filed the suit and who has served since 1970, said he would definitely continue campaigning.
As for the future of county government, "I think we can work it out," said Tindell, who also served on the charter commission that drafted the original document in 1988.
In a written statement Friday, Commission Chairman Scott Moore said he plans to offer a resolution at the commission's meeting later this month calling for Knox County voters to elect the members of a new charter commission.
Meanwhile, Knox County Law Director Mike Moyers declined to say whether the county would appeal the chancellor's judgment.
"This is an extraordinarily complex and complicated decision," Moyers said. "It's premature for me to suggest what we're going to do at this point. I'm going to wait until the county mayor or the County Commission give me direction."
Mayor Mike Ragsdale and Moyers have scheduled a 10 a.m. meeting Monday to announce their reaction to the decision.
Assuming that the county will appeal, however, county Commissioner John Schmid said he would join the next lawsuit, calling Weaver's decision "irresponsible."
Like many other county elected officials, Schmid was named as a third-party defendant in the case. His attorney, Moncier, unsuccessfully argued that the charter is valid, albeit ignored since its adoption. The charter excludes some constitutionally mandated offices because it places their duties under the authority of the mayor's office, Moncier claimed.
Despite his support for term limits, Schmid's name still appeared on the May primary ballot and he, along with eight other term-limited commissioners, won his party's nomination.
With Weaver's ruling, Schmid now should be eligible to run in August for a third term.
"I'm not going to say one way or another whether I'll be on the ballot in the Aug. 3 general election until this is appealed," Schmid said.
Hayes Hickman may be reached at 865-342-6323.
Currently, a write-in challenger is required to obtain 1290 votes, or 5%, to be placed on the ballot. If the TN legislature prevails and HB1114 becomes law, 12,000 write-in votes will be required in Knox County alone. The bar is raised so high, that job protection for the incumbents is insured.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.