Tue
Aug 5 2008
11:58 am
By: R. Neal
Knoxville lawyer Herbert S. Moncier filed a lawsuit late Monday demanding that 13 officials who will be elected Thursday take office as soon as they are certified by the Knox County Election Commission.
See Herb Moncier's earlier KnoxViews column on this (which also appeared in today's KNS editorial section alongside a counterpoint by Steve Drevik).
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Remove the case to federal court and guess what
Per the judge's orders, Moncier closes his file and goes away!
How would federal
Amusing, but how would federal jurisdiction apply, and who would have standing?
Weakest lawsuit yet from the Herbster...
Herb, he is consistent. Not satisfied with been banned in Federal Court he now tries for complaints to the Tennessee Bar. The folk hero status may take some tarnish with this move.
wrong
I think he's wrong on this and Rags and others just don't want the meeting about civil service to happen. Nobody has explained why civil service would cost close to 1 mil.
who's asking?
Moncier is not a plaintiff in this lawsuit, and it is inappropriate to reference it using his name. The press should be referring to this lawsuit as DeSelm, et. al. v. Owings and Knox County. Bloggers can call it whatever they want, I suppose, but the daily paper ought to do better.
I count nine names on the suit, and I have good reason to trust and respect every one of them: Bee DeSelm, Alfred and Margo Akerman, Donna Brian, Mike Whalen, Jerry Bone, Jim Gray, Robert and Millie Cunningham. This is the same team that finally got term limits installed after years of delays and dubious decisions by Knox County. These are the people who got the Sunshine Law upheld. As usual, they are right.
The funniest part of the suit is the due diligence by the plaintiffs, who have been busy demanding resolution of the question since February. The Law Director and Commission both ignored DeSelm, et al repeatedly. Now they are acting insulted and surprised, and the daily paper is allowing the false drama with its sloppy characterization of the suit. They gave ample space to the defendants but failed to even name the plaintiffs.
The sad part is the cheat is the thing. Sitting officials claim they are being cheated of one last meeting. Incoming candidates don't want to piss anyone off, and they certainly don't want to look like cheaters, so they've chosen the path of least resistance. It is actually the sitting officials who are cheating voters out of elected representation. DeSelm, et al know this. They have been trying to prevent it since February, and now they have resorted to trying to stop it.
Digit, in February you would have understood the need to swear in an elected official to replace one not elected by the people. If Owings and the Commission had not been derelict in resolving the question, the matter would be settled, without lawsuits and drama. Their neglect of duty may be the best reason to dispense of them at first opportunity.
The stench of Black Wednesday will not be gone until the elected commissioners are sworn in. Who is on which side of Wednesday in the current situation?
Get real
It is actually the sitting officials who are cheating voters out of elected representation.
That is asinine on its face. There is nothing in law that validates that. There is no difference between an elected Commissioner and an appointed Commissioner. They have equal legitimacy. They have equal power under the law. Show in the law where your little fantasy has any basis.
So what?
An appointed Commissioner was not, by definition, put in that position by anything resembling a democratic process.
We will need to appoint a new County Mayor sometime before 2010. There has to be a process to do so. To say it is not a "democratic process" is truly asinine. Normally you bring a higher level game.
Normally you bring a higher
Normally you bring a higher level game.
He's got you there, butterfly. Appointment is a democratic process, just not as true as direct election of a representative. No one represented by the two 4th district commissioners voted for them. Only one person represented by Mark Campen voted for him: Mark Harmon. Lots of people, a majority, voted for Mark Harmon to represent them. The difference is obvious. I can see it despite the fact that I would favor Campen being appointed to an honorary lifetime voting membership on Commission.
The world will neither end nor be saved by one more meeting of the appointed commission, and I certainly hope action against commissioner-elects who opt to delay representing their district by two weeks is just an idle threat. It is bad enough that the Commission and Law Director sloughed that choice off on the candidates, and they certainly do not deserve prosecution as a welcome to office.
you did what to your face?
There is no difference between an elected Commissioner and an appointed Commissioner
That is the ass of nine enclosing his face.
How embarrassing. I'm
How embarrassing. I'm praying for ya buddy.
"Should I stay or Should I Go?"
In the last 2 1/2 years the Courts have ruled..yep..under a home rule charter term limits count...the Charter ain't right because the Courthouse gang half assed the process..you've got a defacto government but term limits are valid..those seats effected are vacant & hell no you can't violate the Sunshine Law...those seats effected are vacant...again.
I reckon it's only fitting that a Court will rule on the final scene of this melodrama.
With respect to folks being sworn.
I don't know what the Tn. Constitution means when it says"any person so appointed shall serve until a successor is elected...(&)qualified.".The Court will clarify.
It seams the final scene is much like the first act.Folks that are in want to stay in.
The theme song of county government for the last 2 1/2 years has been "Should I stay or Should I go?"
Incumbents always answer:I should stay.
But at every turn the Courts have said:
YOU SHOULD GO!!!
This just in...
Herb has a complaint filed against him with the Tennessee Bar.
(link...)
Anyone got the scoop?
The Complaint was filed by
The Complaint was filed by the BOPR July 30, 2008. It is 1200 pages. Yes, it's 1200 pages. Normally these are private, but the Supreme Court has waived confidentiality in this case. That means, if anybody wants to go get it, the Complaint is public record. I would imagine that Herb waived confidentiality. I'm surprised the local media aren't touching this.
You're surprised?
You're surprised?
1200 pages?!?
They must have attached one of his briefs as an exhibit!
OMG
It is 1200 pages.
Any word on who filed it?
Who?
It could have been Paone.
Too long for Paone...
It could have been Paone.
1,200 pages is "War and Peace" long. Only one person here could do that but she is a Herb fan. The mystery continues...
The mystery
The mystery continues...
There is no mystery about which side is relying on character assassination as a substitute for a principled, reasoned argument.