Tue
Feb 20 2007
02:00 pm

Knoxville News Sentinel Editor Jack McElroy has instructed his attorney Rick Hollow to offer a settlement to Knox County Commissioners to drop its Sunshine Law lawsuit if the County Commissioners have a do-over of the January 31 appointment meeting which brought eight replacement Commissioners into office.

At what point should the citizens of Knox County question Mr. McElroy’s judgment and conduct? E.W. Scripps Company has a very specific Ethics Code. In this code are very specific guidelines regulating participation in political and governmental affairs. Today’s settlement offer is troubling and disturbing.

There is no provision in either the Knox County Charter or the Tennessee State Constitution for a do-over for the January 31st appointment process. Time and time again Mr. McElroy has shown a preference to defend the County Mayor and attack his opposition. There is not much that can be done in areas of Editorial judgment. However, this is a different matter. I hope County Commission chooses to fight Mr. McElroy in court and that they draw a line in the sand. This kind of heavy handed interference in the administration of local government cannot be condoned. It is outrageous and Mr. McElroy should be sanctioned by the E.W. Scripps Company corporation.

Is this a matter of principle, or is it a matter of intimidation? The section of the E.W. Scripps Company Ethics Code is listed below.

Update

Clarification:

There are at least three actions in play in this whole mess:

Mayor Ragsdale: Special Election September 2007.

Herb Moncier: Sunshine Law violation jury verdict.

Jack McElroy: Sunshine Law violation do-over.

POLITICAL ACTIVITY
The Company remains independent in all political matters and will not make monetary contributions, directly or indirectly, to political campaigns or causes, or to political parties. Moreover, its officers will not make such contributions acting on behalf of the Company. Rare exceptions may be made to this prohibition, but then only if permitted by law and approved by the President of the Company.

Although the Company is independent in all political matters, employees are encouraged to register to vote, with party affiliations, and to vote. Employees may pursue their own personal political activities, but may not, either inadvertently or intentionally, represent their personal views or contributions to be those of the Company. Employees must avoid any suggestion that their relationship with the Company constitutes an endorsement of any kind.

Journalists and others working in newsrooms must abide by a more restrictive standard, given the disinterested neutrality from which news organizations must work. They must not serve in elected or politically appointed positions. They must not participate in political fund-raising, political organizing, nor other activities designed to enhance a candidate, a political party or a political-interest organization. They must not make contributions of record to political campaigns nor engage in other such activity that might associate an employee's name with a political candidate or a political cause.

R. Neal's picture

So what political candidate,

So what political candidate, party, campaign, or cause is McElroy promoting?

And don't you think he and Hartmann probably talked to the suits at corporate headquarters to get approval to proceed?

BlueNeck1's picture

Nobody's asking for a "do-over"

All the News Sentinel wants Commission to do is to abide by the open meetings law. The term "do-over" is disrespectful to those who are serious about open government and public participation. You are just using the term to brush off any scrutiny or criticism of the January 31 process and possible remedies to restore public confidence in county commission. Nobody is asking for any do-overs. They didn't do it right the first time, so do-over doesn't make any sense. Even those pushing for a special election aren't asking for a do-over. The commissioners are appointed until the next election. The appointees haven't been elected yet. Trying to have an earlier election is good for voters and bad for the officials who are now tainted with participating in a bad appointment process.

Number9's picture

You are mistaken.

Nobody is asking for any do-overs. They didn't do it right the first time, so do-over doesn't make any sense. Even those pushing for a special election aren't asking for a do-over.

The special election and the McElroy lawsuit are two different issues. The McElroy lawsuit requires a do-over and is completely different from Mayor Ragsdale's request for a special election.

I think it would be very difficult to restore faith in the County Commission. Look for that in Feb. 2008. Maybe.

StaceyDiamond's picture

silly

The KNS's offer to have the commission make the appointments again is silly. What would they do, appoint the same people without the "bathroom breaks?" Anything short of a real election now is silly. Stacey

mpower1952's picture

I agree

If the county commission breached the law at the meeting when the new commissioners were appointed, what is the lawful recourse of the voters?

If the NS takes them to court on breaching the Sunshine law and wins, what happens?
Would the judge order a new meeting where replacements were appointed?

Would the judge be able to send people to jail?

Would the judge be able to fine the commission, and thus the taxpayers?

Would the judge be able to fine the individual commissioners?

Does anyone know and am I asking the right questions? Thanks.

jah's picture

And do we need two threads

And do we need two threads about the same subject?

Number9's picture

Pretty clear...

So what political candidate, party, campaign, or cause is McElroy promoting?

Doesn't it appear he is a Proxy for the County Mayor?

You may not be aware that McElroy sued each former and current Commissioner individually. Is that proper conduct? The attorney for the News Sentinel agreed that was too much and has agreed to withdraw the individual lawsuits.

I don't know if the suits at Scripps know what is happening here in KnoxPatch. That is a good question.

There is a lot of video to process. The comments from the County Law Director are compelling.

I don't agree with or condone the January 31st process. But what has happened since the 31st is worst. I feel the light needs to be shined on Mr. McElroy.

You need to hear the discussion happening right now on the Sunshine Law. It is not clear the Sunshine Law was broken. In fact, it looks as if the Sunshine Law is written so vaguely that it may be impossible to enforce.

This is a comedy of errors. At some point the adults need to step in and right the ship.

Endless lawsuits and government by continuing resolution is not acceptable. Where is the leadership?

SnM's picture

FWIW, a "do-over" is exactly

FWIW, a "do-over" is exactly what the law prescribes for violations of the Sunshine Law:

IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
October 15, 2001 Session
GRACE FELLOWSHIP CHURCH OF LOUDON COUNTY, INC., v.
LENOIR CITY BEER BOARD and K-VA-T FOOD STORES, INC., d/b/a
FOOD CITY
Direct Appeal from the Chancery Court for Loudon County
No. 9739 Hon. Frank V. Williams, III., Judge
FILED JANUARY 23, 2002
No. E2000-02777-COA-R3-CV

There are two remedies provided in the Act for violations of this Section, and are not meant to be mutually exclusive. Id. at 585. The Court, in Zseltvay at 585 observed:

Remedies for violation of the Open Meetings Act are found in the Act itself.

Tenn. Code Ann. §8-44-105 states in relevant part that “[a]ny action taken at a meeting in violation of thispart shall bevoid and of no effect. . . .”

Another section, Tenn. Code Ann. §8-44-106 reads:
(c) The court shall permanently enjoin any person adjudged by it in violation of this part from further violation of this part. Each separate occurrence of such meetings not held in accordance with this part constitutes a separate part.

(d) The final judgment or decree in each suit shall state that the courtretains jurisdiction over the parties and subject matter for a period of one (1) year from date of entry, and the court shall order the defendants to report in writing semiannually to the court of their compliance with this part.

We believe the appropriate remedy in this case is to void the actions taken by the Beer Board at both meetings, and remand to the Board to consider anew the application of Food City for a permit. We will not invoke the statutory remedy of injunctive relief, but will indulge the presumption that the members of the Beer Board, as public officials, will carry out their duties as required by the Open Meetings Act.

There're plenty other decisions/opinions to be found on the net that correlate with this one. Five minutes' search, tops. Sometimes, when the law is broken, a lawsuit is the logical recourse to get redress.

Tamara Shepherd's picture

Number 9: "There is no

Number 9: "There is no provision in either the Knox County Charter or the Tennessee State Constitution for a do-over for the January 31st appointment process."

It's my understanding that the "do-over" is implicit in the state statute that voids any public business conducted in violation of the Sunshine Law. That is, if the January 31 appointments are voided, what else might be done under existing law to fill the vacant seats?

Neither does McElroy's offer to drop the suit in exchange for a "do-over" constitute any new terms to the request made in his suit. That *was* the remedy his suit called for. It appears to me that he's just offering to save Knox County some time and money.

In answer to your concern, though, I would think that Ragsdale's call for a special election would better benefit Team Ragsdale than would McElroy's offer to drop the suit in exchange for an immediate "do-over." From the get-go, it was a worry of anti-Ragsdale Commissioners that an election of any sort would allow the ready-in-the-wings Ragsdale Machine to quickly gear up the campaigns for his/their candidates.

And finally, the N-S has a long history of filing such suits in opposition to violations of open records and open meetings laws, both. They're not exactly in uncharted waters, here!

Number9's picture

Both Mr. Mean and Tamara,

It's my understanding that the "do-over" is implicit in the state statute that voids any public business conducted in violation of the Sunshine Law.

You are both correct. This is like a maze and difficult to keep straight.

There are at least three actions in play:

Mayor Ragsdale: Special Election September 2007.

Herb Moncier: Sunshine Law violation jury verdict.

Jack McElroy: Sunshine Law violation do-over.

It is a battles of two political machines. There are no good solutions. But at the same time a game of Russian Roulette is being played with the storm-water ordinances, the Sheriff's pension, the unneeded business park over a sinkhole (hat tip to Mark Harmon), the fate of Charles Lindsey, and the funding of Knox County Schools.

In the last 15 years has County Government ever been this off course?

Tamara Shepherd's picture

Number 9: "In the last 15

Number 9: "In the last 15 years has County Government ever been this off course?"

Oh, I couldn't agree more, Nine.

But I really do believe McElroy's effort is confined to just this cause of affecting greater transparency of process within the remedy available under existing law.

And I really believe, too, that his settlement offer is intended only to save everyone involved the time and money full-blown litigation will cost.

bill young's picture

Mea Culpa Mulligan

The N-S offer may be the best chance to clear the air & move on to the county elections,next year.At the very least,the full commission should debate the offer.If 10 commissioners vote to debate & 10 vote to accept N-S offer.So be it.Commissioners should keep in mind that it's never a good idea to pick a fight with a man who has 1,000 barrels of ink.

mpower1952's picture

Mea Culpa Mulligan

Great name, BY. And great idea also.

However, how do we let the people that we think were appointed illegally vote to have another vote?

I don't mean that sarcastically. It really seems to be an unsolvable problem.

Tamara Shepherd's picture

I posted this same question

I posted this same question earlier today on the CC Special Meeting thread, mpower. Frank Leuthold was asking Owings if he was able to vote (w/ full Commission) on the question of accepting the N-S settlement offer. The station cut away for a break, though, and I never heard Owings' answer. Here was the context of my question, two hours ago:

"They cut away right in the middle of Frank Leuthold's question to Owings WRT his ability, as an appointee whose appointment is being challenged by the N-S, to then vote on any recommendation Owings might make to Commission to settle the suit.

Wasn't this same conundrum addressed in the Bailey decision? In that context, the court held that those Shelby County Commissioners re-elected beyond the timeframe the county's term limits policy allowed them to serve could nevertheless take action for the purpose of replacing themselves, as they served in a "de facto" position (and our Commissioners acted similarly here in KC, of course).

Provided that the new Ethics Policy wouldn't preclude Leuthold's/other appointees' ability to cast their votes, isn't there precedent for the eight appointees' ability to vote on Owing's recommendations?"

...Anyway, I'm thinking the appointees *could* vote. Thoughts from others? (Gone for an hour. Later.)

mpower1952's picture

Talk about cross-posting

I just answered you in the other thread.lol

Your thinking is much more informed than mine. See you later.

Number9's picture

We have met the enemy, and he is us...

Wasn't this same conundrum addressed in the Bailey decision? In that context, the court held that those Shelby County Commissioners re-elected beyond the timeframe the county's term limits policy allowed them to serve could nevertheless take action for the purpose of replacing themselves, as they served in a "de facto" position (and our Commissioners acted similarly here in KC, of course).

This is as confusing as the time travel paradox. What happens if you go back in time and kill your grandfather... so many permutations have arisen from the various lawsuits and State Capital shenanigans we need to get back on point.

We have to pay for this government. We are playing chicken with our own checkbooks. For those of you that do not understand fund accounting and continuing resolutions, we need to put this to bed. The cure may be worse than the disease.

It wasn't fair and it was rigged. Well duh. Do you honestly think this was the first time?

Where was your righteous indignation over the Midway Industrial Park? Where is your righteous indignation over the fact that we are playing a very dangerous game with the Federal Government over storm-water regulations?

I take a lot of time to put these meetings on YouTube so you can see your government in all its glory. It isn't fun but I do it so you can see what is real. It would help if the daily paper were neutral and would just print the news. How hard is it to print who votes for what in County Commission? Can the New Sentinel not afford that?

There is plenty of blame to go around. And if you're honest you know that you are part of that blame.

mpower1952's picture

#9: I take a lot of time to put these meetings on YouTube

Just wanted to say thanks for that. I didn't know and since I have Knology cable I can't get the meetings on TV.

I think the righteous indignation is because some of us feel that the 2000 election was stolen (and proven) and the 2004 election was also possibly stolen in Ohio.

Then when these shenanigans happen in our own town, it's just is too much to swallow. Do we give them a pass again? Will they learn a lesson? Will the somnambulant voters in Knox County remember there was a problem in Aug. or Feb.?

Be a blessing to someone today.

Number9's picture

Help is on the way for Knology...

I didn't know and since I have Knology cable I can't get the meetings on TV.

Commissioner Mark Harmon is Chairman of the committee that can change that and has pledged to require Knology to carry public meetings.

I am glad the YouTube Channel 9 is of service to you in the interim and that you can see how our elected and appointed representatives conduct our county government.

Mark Harmon's picture

Modest Quibble

I'm vice chair of the Cable Committee. Mike Hammond is chair. But I will keep pressing Knology and relevant third parties to get those meetings carried.

Mark Harmon

Number9's picture

Thank you,

I'm vice chair of the Cable Committee. Mike Hammond is chair. But I will keep pressing Knology and relevant third parties to get those meetings carried.

I got that crisscrossed. Also thank you and Mike Hammond for getting Finance and Intergovernmental on Community Television. Today was very interesting.

Mark, you have an open tag on the bold in your name. The green check mark can fix that.

Rachel's picture

McElroy

Doesn't it appear he is a Proxy for the County Mayor?

Good God. No.

It appears he's doing his job, and doing it well, which is something I've been wishing the KNS would do for a long time.

Find somebody else to beat up on. And stop the entire Ragsdale is the devil theme (and anyone so inclined can stop the Hutchison/Scoobie is (are?) the devil theme as well).

Commission abused & screwed up the appointment process (after a bunch of them ran for seats they knew they were probably going to get kicked out of anyway). And the Tyler Harber thing sure makes Ragsdale look bad.

I don't give a flip about the feud, and neither do most people who weren't already closely aligned with either side. The more I hear one side bitch, the more inclined I am to like the other.

bill young's picture

read SnM post

read SnM post

Joe Taylor's picture

Ethics

What ethics or journalistic integrity is Bruce Hartmann violating by serving on the many for profit and not for profit boards as he does...

Have you noticed how when Mayor Ragsdale has an agenda to push the editorial usually supports his point of view???

Also did any one catch the story in the New Sentinel in which Mr. Hartmann had to resign from the South College BOD as the accrediting firm pointed out the conflict of interest this caused for the school?

rikki's picture

which is worse?

Niner, you are accusing Jack McElroy of serious ethics violations that could cost him his job. Do you think the Scripps attorney would sanction such recklessness?

Your accusation seems of a feather with the recent accusation you faced, that your disappearance from the blogosphere was not coincident with Mark Saroff's buildings burning and taking a neighboring business employing more than a dozen with it, but with the jailing of a troubled former journalist. In both cases, it appears to be wild speculation, but in one case the employment of a real person is at stake and the other the reputation of a handle on a few blogs.

Are you being more uncivil than the anonymous person who insinuated you might be Kevin Pettiford? The stakes seem a lot higher in the game you are playing. Unless, of course, you are a saboteur, then it's tit for tat.

Number9's picture

Let's break it down...

Niner, you are accusing Jack McElroy of serious ethics violations that could cost him his job.

rikki, you are a published author, publisher, and editor; do you know what a question mark is? Read what I wrote again.

Should Scripps come to Knoxville and do an internal review of the adherence to the Scripps Ethics Code? Note the question mark again, would that hurt anything? If the Editor of the New Sentinel does not live in a glass house I would think he would have no problem with an internal review. I am not the only person that has questioned the adherence of the Scripps Ethics Code.

Your accusation seems of a feather with the recent accusation you faced, that your disappearance from the blogsphere was not coincident with Mark Saroff's buildings burning and taking a neighboring business employing more than a dozen with it, but with the jailing of a troubled former journalist. In both cases, it appears to be wild speculation, but in one case the employment of a real person is at stake and the other the reputation of a handle on a few blogs.

I thought that desperate, transparent, and juvenile attempt paled in comparison to when you accused me of being a pedophile on Say Uncle and tried to get me banned as a co-blogger. For the record, you did apologize and declared it was a rhetorical device. I am used to it. My judgment from the video of the McClung Warehouse fire was that it was arson. I have no comments until the Fire Marshall's report is filed.

I wanted to hear what other people thought. Sometimes you can learn more by listening than talking. I saw the fire as a combined failure of all parties involved. I was moved by the heroic action of the firemen and pleased with the miracle escape in which they were injured. A long time ago I worked with firemen but not on the front line. It brought back memories that I had not thought about for a long time. Unpleasant memories. Personal memories.

I wasn't aware I had to report to anyone.

Having been accused of being 24 different people over the past few years I am accustomed to the shrilled rhetoric of those who desire to shut me up. I take 6 days off and people go crazy. Am I that important to the local blogsphere? I would have thought some people would have been happy to see me take some time off.

Are you being more uncivil than the anonymous person who insinuated you might be Kevin Pettiford? The stakes seem a lot higher in the game you are playing. Unless, of course, you are a saboteur, then it's tit for tat.

Get some help. You take blogging way too seriously. We have been at this for over two years. Are you wearing me down or just amusing me? Hint, I am still here.

I am no more responsible for the actions of Mark Saroff than I am for the actions of Kevin Pettiford. I ask questions. That is what I do. Apparently it bothers some people.

The time to stop this foolishness is now. Our County Mayor, the Editor of our daily paper, and various individuals are playing a game of chicken with the Knox County Budget. Repeated failures in leadership have led us to this point. The voters share responsibility for this mess also.

At what point will our local government get back to work? Note the question mark.

rikki's picture

Question mark

Is that you, Antonin?

rikki's picture

period

It is outrageous and Mr. McElroy should be sanctioned by the E.W. Scripps Company corporation.

Is it outrageous? Should McElroy be sanctioned?

(btw, the answer is no, newspapers routinely file sunshine law claims, FOIA redaction challenges and all manner of government secrecy lawsuits while working to keep people informed.)

edens's picture

>Our County Mayor, the

>Our County Mayor, the Editor of our daily paper, and various >individuals are playing a game of chicken with the Knox >County Budget. Repeated failures in leadership have led us to >this point.

Funny, ain't it, how the county's other leadership "machine" rarely draws your ire?

Jack McElroy's picture

I have to confess to being a

I have to confess to being a little taken aback at the suggestion that filing a public-access lawsuit might somehow violate the Scripps Code of Ethics. I supposed that's a reflection of how politically charged this environment is.

A couple of points for the record:
* This isn't the only access suit the News Sentinel has going. We have been suing for the right to see police videos for a few years now but are stymied by the state of case law undermining the Public Records Act as it relates to law enforcement records.
* Scripps corporate knows all about the lawsuit. Before we filed, we cleared our plans with the senior vice president for newspapers and with corporate counsel. For what it's worth, the VP's reaction was "go for it," as usually is the case when local properties ask for Scripps' corporate support in access cases.
* The Scripps ethics code forbids most political activity by journalists but doesn't apply in the least to the lawsuit. My concern, and the News Sentinel's, isn't who gets appointed. My concern is the Open Meetings Act. The law has no enforcement provision; it relies on citizen action. The bottom line is: No lawsuits, no law. Newspapers have traditionally stood up for public access laws as part of the civic responsibility that comes with our First Amendment rights.

BTW, as a science fiction buff, I loved the comparison to the time-travel paradox. What's really weird to contemplate is winning this lawsuit after a year or so and the old commission meeting and not appointing the same new commissioners.

Did that new commission ever exist? (Cue Twilight Zone theme.)

Tamara Shepherd's picture

Thank you, Jack

We (almost) all understood.

rocketsquirrel's picture

most, not all will understand.

for a non-Scripps employee (number9) to be so ardently concerned about an internal corporate policy regarding a lawsuit clearly vetted by all appropriate internal employees and/or officers concerned is ridiculous.

get a clue, 9. they did their homework. and quite frankly, their internal policies are noneyun. (none of yer bizness.)

But I appreciate Jack weighing in on this.

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