Posted on 06/15/2007 10:55:47 AM PDT by SmithL
NASHVILLE — The Peace Officer Standards and Training Commission decided this morning to refer the possible decertification of former Knox County Sheriff Tim Hutchison until August.
In doing so, the commission rejected a request from Knoxville attorney Herbert S. Moncier that the panel act immediately and block Hutchison’s pension benefits scheduled to begin July 1.
Hutchison, now a chief deputy in the sheriff’s office, was convicted of criminal contempt in an open records case.
Moncier, who arrived at least a half hour late to this morning’s hearing, told the panel it had acted contrary to the instructions of Davidson County Chancellor Ellen Hobbs Lyle.
He plans to ask Hobbs this afternoon to overrule the commission, and in heated comments, Moncier said he was told the hearing was this afternoon, not this morning.
Before Moncier arrived, the commissioners said the Hutchison matter did not constitute an emergency that would have required a ruling today. The commission’s Decertification Committee will let both sides argue over Hutchison’s decertification in a hearing Aug. 16.
In a tersely worded order last week, Lyle issued and order for quick and correct action by the commission.
"The court reiterates that the plaintiffs have a colorable claim for the POST commission to decertify deputy sheriff Hutchison," Lyle wrote. "The court also concludes that the plaintiffs have made a sufficient showing to obtain expedited relief."
In addition, Lyle wrote, "If the POST commission, within a reasonable time, refuses to consider the matter or act or commits error in its response to the plaintiffs request for expedited relief, this court has jurisdiction ... for immediate review."
Hutchison is no longer sheriff, but he is chief deputy. He has said he will turn in his badge on July 1 — the same day a new pension plan that will boost his annual retirement earnings from roughly $20,000 to $80,000 goes into effect.
Defense attorney Herbert S. Moncier, acting on behalf of former Knox County Commissioner Bee DeSelm, argues that if the POST Commission doesn't act or refuses to decertify Hutchison before July 1, he would be vested in the new plan regardless of what Lyle might later rule.
The county's pension chief, Kim Bennett, disagrees. She contends that certification has nothing to do with Hutchison's qualification for the pension.
The request for records came in a case filed against Hutchison by Moncier on behalf of former County Commissioner Wanda Moody, challenging the sheriff's funding of construction projects with money seized from drug dealers.
Knox County Chancellor Daryl Fansler convicted Hutchison of six counts of criminal contempt for refusing to turn over all available documents in an Open Records Act request. Fansler opined that Hutchison intentionally lied.
POST rejected a bid to decertify Hutchison four years ago, when the convictions were first levied, citing a state attorney general's opinion that the ex-sheriff's offenses were not crimes of dishonesty.
The issue of certification appeared over — until Hutchison lost his job as sheriff to term limits after a state Supreme Court ruling earlier this year. Current Sheriff Jimmy "J.J." Jones opted to keep Hutchison on the payroll but in a new position as chief deputy, which allowed Hutchison to qualify for a new pension plan that goes into effect for deputies on July 1.
Standing-by for fireworks, Aye!
Maybe the judge in Greeneville will give Herb bigger issues to worry about than the best sheriff Knox County had in decades.
He hasn’t stopped him yet!!!!
Seven words and a question mark may hold the key to the future of Knox County politics.
Tim Hutchison and what will he do?
Through all the controversies, disputes, lawsuits, feuds, fusses and slim election victories, Hutchison continues to be a dominant player in the game of Knox County politics.
At this point in the tenure of Knox County Mayor Mike Ragsdale it might have been expected that he would be the hinge on which the door of county power swings. However, the two most probable reasons why Hutchison remains a force among local politicos are:
A.They think Hutchison can help them more than Ragsdale can.
B.They’re more concerned about crossing Hutchison than Ragsdale.
Ragsdale has enjoyed a number of successes and accomplishments, but recent controversies – the latest being the stories concerning use of county credit cards - are fogging the public’s windshield. It’s simply a fact that bad or controversial news sticks more firmly and indelibly to elected officials than good news. In the present scheme of things, anything that hampers Ragsdale is seen to help Hutchison.
Interestingly, Hutchison has weathered more controversy and bad news than most political figures could survive in three lifetimes.
Hutchison’s resume’ includes being named 1998 national sheriff of the year. On his watch the department solved a number of high-profile cases. However, the periodic tumult and conflicts reduced him from a once-unassailable position to squeaking out a narrow victory in his last election despite vastly outspending his opponent, former Knoxville Mayor Randy Tyree.
During tough times in the news media Hutchison had an effective strategy of disappearing from public view for periods of time to let an issue fade. Staying out of the spotlight gave the public time to focus on other things. This tactic probably helped him even more than anyone realized at the time.
In politics, as in life, there is a natural desire to seek pleasure and avoid pain. If you are a Knox County Commissioner (particularly one who is not term limited and would like to run again) at present it is understandable if you are fairly certain that your percentages of at least avoiding pain are greatest if Tim Hutchison does not consider you an enemy.
The political scuttlebutt is that a grand strategy is being devised for the next county mayoral election in which Hutchison will run for mayor and that some of the former constitutional officers who were term limited out of their previous offices will run for new posts.
Let’s say for the sake of discussion that scenario plays itself out and Hutchison emerges at the top of the county political pyramid with allies situated in offices throughout the government. That is potentially more political power than any county chief executive has ever thought of having.
If he were to run Hutchison would have to figure out something to do with the $80,000 per year pension he is due to begin receiving on July 1. The combination of the pension and county mayor’s salary would be a major campaign issue. Secondly, political alliances are often tenuous things, and allies today may not be so helpful after Hutchison has been out of office for a couple of years. Any political figure must face the reality that a supporter’s enthusiasm today can be replaced by apathy tomorrow.
Also to be considered is the narrowness of Hutchison’s last victory over Tyree and what that says about his overall political standing.
However, absent an implosion by his allies or a change in the political landscape, Hutchison has options. In office or out, they point to him having a continuing substantial presence on the Knox County political stage.
http://www.knoxnews.com/kns/opinion_columnists/article/0,1406,KNS_364_5594412,00.html
My guess is Hutchinson will go to the private sector likely into security. There are several big dollar firms which could use him that have government facility contracts. Just off the top of my head I can't think of any former sheriffs in the area who became county executives now called county mayor. But he does have the political abilities to pull it off from what I've seen. As for the attacks on him as to how he had ran the sheriffs department? Just typical county politics common to most surrounding counties. He was by no means the only area sheriff facing this issue. The truth is though the people have say in how he ran his department via Grand Jury inspections which covered county ran facilities and reported on conditions.
I can't think of any other sheriff in recent times who did more to modernize Knox County Sheriffs Department including establishing air capabilities which serves several counties in search and rescue. Up till that time the University of Tennessee Hospital helicopter did that task.
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