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.