Michael Patrick/News Sentinel J.J. Jones, the new Knox County Sheriff, takes the oath of office Wednesday morning during the Knox County Commission meeting.
Posted on 01/31/2007 7:50:51 AM PST by SmithL
The commission took six roll-call votes to pick a replacement for the 4th District, seat B, position — and then took a recess when the voting failed to produce a winner.
To be appointed, a candidate needs 10 commissioners’ votes.
The commissioners nominated six persons — Elaine Davis, James Smelcher Jr., Scott Davis, Lee Trammell, William Daniels Jr. and Ed Shouse.
Then, in the first four votes, the candidate who received the fewest number of votes was bumped off from the next round of voting. Removed from the list, in order, were Shouse, Daniels, Davis and Smelcher.
The left Trammell and Davis.
In two back-to-back votes, the commissioners split — 9 votes for Davis, 8 for Trammell — and Commissioner Phil Guthe abstained each time. Guthe is one of the representatives of the 4th District.
At that point, the commissioners broke.
Cate wins in 3-way
(9:55 a.m.)
Richard Cate, a Heritage Log Homes manager and the former president of The Downtown Organization, won appointment to the 4th District, seat A position.
The commission voted 10-4-4, with Sheriff’s Office Assistant Chief Deputy Lee Trammell and developer Scott Davis coming in second.
The 4th District is losing both its officeholders — Phil Guthe and John Schmid — due to term limits.
Witt, Sisk appointed
(9:45 a.m.)
Sherry Witt, chief deputy in the Register of Deeds office for 11 years, was selected in a 17-1 vote as register.
She succeeds Steve Hall, first elected in 1980.
Also, the chief deputy in the Trustee’s Office, Fred Sisk, was voted in 18-0 as replacement for term-limited Trustee Mike Lowe. There were no other nominees.
Billy Tindell selected as clerk
(9:30 a.m.)
By a 14-4 vote, the commissioners picked veteran and term-limited County Commissioner Billy Tindell as county clerk, replacing term-limited County Clerk Mike Padgett.
Tindell abstained in his vote for the cler’s position.
As a result, Tindell has to vacate his commission post and cannot vote for the remaining 10 appointments.
Jones picked as sheriff
(9:20 a.m.)
First order of business: Knox County commissioners selected J.J. Jones to replace term-limited Sheriff Tim Hutchison this morning.
| Michael Patrick/News Sentinel J.J. Jones, the new Knox County Sheriff, takes the oath of office Wednesday morning during the Knox County Commission meeting. |
Jones received 18 votes with Commissioner John Schmid abstaining.
The commission then took a break, awaiting a judge to arrive to swear Jones in.
Hutchison said, "I think he’ll do a fine job. I believe he’s very much capable and have a lot of confidence in him."
Hutchison said he would remain with the Sheriff’s Office but declined to discuss his future duties. If he stays on the payroll til July 1, he would qualify for a pension of more than $80,000 a year.
"Oh, yeah, I’ll still be a police officer," Hutchison said.
Starting at 9 a.m. today, County Commission began meeting to select its appointments to 12 county offices — four fee offices and eight county commissioners — ousted by a state Supreme Court ruling upholding Knox County’s charter and the term-limits provision.
More than 70 people had submitted their names for the commission’s consideration by day’s end Tuesday. Commissioners must name replacements for the sheriff, county clerk, trustee, register of deeds and the eight commission seats.
The high court upheld the county charter and a term limits provision that was approved in 1994 but hasn’t been enforced because of a state attorney general’s opinion. State law requires the commission to appoint successors, the court ruled.
The full 19-member commission, including those being ousted, will vote on the replacements, who will serve until a 2008 special election.
One point of stress this morning seemed likely to come in the 2nd Commission District, where Tindell — a commissioner since 1970 — announced Tuesday he supports businessman Jonathan Wimmer as his successor. Harmon released the results of a straw poll taken following his public forum Monday night showing Amy Broyles as the North Knoxville district’s leading contender.
That means the full commission might not have a unified recommendation from the 2nd District.
"I think he’s (Tindell) made a mistake here," Harmon said Monday. "Amy Broyles had the most votes in our preference poll. She ran a very respectable primary campaign and in the general election got nearly 30 percent of the vote (last year). I’m disappointed that he (Tindell) cannot see she is a great candidate and has earned the support of the district."
More details as they develop online and in Thursday’s News Sentinel.
Also in Thursday’s paper: Analysis, bios and a Q&A primer on the legal fine points — when ousted officials can run again, when the term-limit clock starts ticking for the new appointees.
What's your take on Jones?
Sheriff: J.J. Jones (replaces Tim Hutchison)
Register of Deeds: Sherry Witt (replaces Steve Hall)
Trustee: Fred Sisk (replaces Mike Lowe)
County Clerk: Billy Tindell (replaces Mike Padgett)
County Commissioners
1st District, Seat A: Josh M. Jordan (replaces his mother, Diane Jordan)
2nd District: Charles D. Bolus (replaces Billy Tindell)
4th District, Seat A: Richard T. Cate (replaces John Schmid)
4th District, Seat B: Lee Tramel (replaces Phil Guthe)
5th District: Frank Leuthold (replaces John Griess)
6th District: Sharon Cawood (replaces husband, Mark Cawood)
8th District: Jack Huddleston (replaces John Mills)
9th District: Tim Greene (replaces Larry Clark)
http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_5318117,00.html
A complaint filed in Knox County Chancery Court alleges commissioners violated the state’s Open Meetings Act, otherwise known as the Sunshine Law.
Specifically, Moncier argues that commissioners took recesses to discuss pending votes out of the public’s earshot in the back hall of the City County Building’s Main Assembly Room.
The complaint — filed on behalf of Bee DeSelm, Donna J. G. Brian, Michael and Jerry Bone — also alleges commissioners didn’t adopt an agenda for today’s meeting and that commission didn’t have the authority to fill the positions because they weren’t technically vacant.
In ruling term limits valid last month, the state Supreme Court allowed term limited officeholders to stay in office until commission named their replacements. Moncier argues that this situation doesn’t fulfill the state’s legal requirements to declare an office vacant.
The complaint also argues that Bill Tindell, a term limited commissioner who was appointed county clerk today, Sheriff J.J. Jones and Commissioner Lee Tramel can’t serve because they would be serving in two offices at once. . . .
http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_5318645,00.html
http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_5316906,00.html
Charge against Moncier dropped
McDonald's clerk says incident at eatery 'blown out of proportion'
By JAMIE SATTERFIELD, satterfield@knews.com January 31, 2007
You want fries with that dismissal? No thanks, says veteran defense attorney Herbert S. Moncier. A serving of vindication will do just fine.
"I didn't do anything wrong," Moncier said Tuesday after learning that an assault charge filed against him following a dispute over service at a McDonald's drive-thru had been dropped. "It doesn't feel good to be falsely accused."
Special Judge Jon Kerry Blackwood on Tuesday signed an order dismissing the assault charge lodged against Moncier by McDonald's employee Justin Tamper in November after the attorney wound up in a verbal dispute at the Cumberland Avenue eatery over his lengthy wait and the restaurant manager's response to his demands for a refund.
Special prosecutor Eric Christiansen, who works for Greene County District Attorney General Berkeley Bell, requested the dismissal after Tamper signed an affidavit disavowing the case.
"It is my judgment that the entire incident has been blown way out of proportion and should be ended now," Tamper's affidavit stated.
Blackwood and Christiansen were assigned to handle the case after Knox County judges and prosecutors bowed out.
The McDonald's fracas began when Moncier found himself waiting, along with other drive-through customers, more than 20 minutes for service. Moncier demanded a refund and ended up verbally clashing with employees inside the eatery.
At some point, Moncier grabbed a piece of paper from a counter to write down a customer service number and then left. The McDonald's manager and Tamper followed Moncier to his car and then tried to snatch the paper from him. As it turned out, the paper was actually a work schedule form.
Moncier drove away but stopped a block from the restaurant and phoned the Knoxville Police Department to turn the form over to an officer. KPD ultimately opined that no crime was apparent, informed both sides in the dispute on how to file charges and logged a report on the incident.
The Knox County Sheriff's Office also responded to the call. After KPD officers had ended their probe, KCSO returned to the eatery and took Tamper to obtain an assault citation against Moncier.
Moncier said he didn't even know Tamper and believed he was merely a pawn of KCSO, whose chief, term-limited Sheriff Tim Hutchison, has long been at odds with the attorney.
Asked if he planned to file suit against KCSO, Moncier, who has filed dozens against the agency, noted he has a year under the law to decide.
"I'll wait and see if the new sheriff makes any changes in these policies before deciding," Moncier said.
Moncier still faces a contempt charge in U.S. District Court in Greeneville lodged against him by a federal judge there. However, U.S. District Judge Ronnie Greer has postponed indefinitely a hearing on that charge and recently rescinded his own order removing Moncier as attorney for the defendant at issue in the case during which the allegedly contemptuous behavior arose.
Funny how the Judge Greer article comes up in everything printed about Moncier. Let me say that Judge Greer took him off of Vassar’s case without a reason. Greer was so peeowed at Moncier that he acted out of anger. When Vassar ask why he took Moncier off his case, Judge Greer replied, “I told you why”..client said, “No your honor you didn’t tell me why.”..Judge Greer started looking through his transcripts and could not find where he gave a reason.
Judge Greer needs to take an anger management class..
Now there was a sheriff who would have been a defense lawyers dream come true in these days and times. Of course back then nothing got done anyway and I do have insider info on those years :>} I knew his penal farm warden. Hutchinson on the other hand won huge in his elections DESPITE a few sour apple politico's trying to run him out of office. You're not gonna get any sympathy from any East Tennessee Freepers on this one.
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