Posted on 10/05/2007 10:59:49 AM PDT by SmithL
Minutes ago, Knox County Chancellor Daryl R. Fansler nullified the 12 appointments made Jan. 31 by Knox County Commission and permanently enjoined commissioners from deliberating in private.
Fansler did not direct commissioners on how to proceed with filling the vacancies. Lawyer Herbert S. Moncier had asked him to order a special election.
Commissioners who violate the injunction could be prosecuted for criminal contempt. The county has 30 days to appeal.
The final ruling comes three days after a jury found commissioners violated the Open Meetings Act, commonly known as the sunshine law, in the Jan. 31 appointments of a dozen officeholders as a result of an earlier state Supreme Court ruling upholding the county charter and its term limits provision.
News Sentinel editor Jack McElroy and nine citizens brought the action, which revealed the behind-the-scenes political wrangling over the appointments.
Jurors deliberated four hours before reaching their verdict at the end of a three-week trial that saw several commissioners testifying they talked to each other privately about nominees before and during breaks in the Jan. 31 meeting.
State law requires that commissioners fill office vacancies until the next election, but never in Knox County history had so many seats opened up at once.
Commissioners did not allow debate during the Jan. 31 meeting. Instead, they frequently honored a “gentleman’s agreement” in which they follow the wishes of a commissioner on issues affecting a particular district. That arrangement broke down a couple of times, most obviously during votes on the 4th District seat vacated by John Schmid.
Testimony also revealed that the meeting served as a battleground for a power struggle between allies of former Sheriff Tim Hutchison and supporters of Knox County Mayor Mike Ragsdale.
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.