Sat
Nov 21 2009
10:25 am

Here's the list of candidates who have named treasurers, updated to indicate who picked up a petition yesterday.

Tim Hutchison was a no show for County Mayor. The only other candidate to challenge Tim Burchett so far is Independent Donald Lamb Land, who did show up. No Democrats have filed so far.

Incumbent J.J. Jones is the only candidate for Sheriff so far. Register of Deeds Sherry Witt and County Clerk Foster Arnett, both incumbents, have also not drawn any opposition thus far.

The big news of course is John Duncan III's run for Trustee against incumbent Fred Sisk, who also was a no show. This will be Duncan's first run for office. Presumably his is being groomed to take over the Duncan family dynasty in Congress. With all the controversies in the Trustee's office and now a high-profile challenger, there's a good chance Sisk's days are numbered. No Democrats have stepped up so far, and maybe none will bother going up against the Duncan brand.

Don Daugherty has named treasurers for two Commission seats (district 2 and 3) but did not show up to get petitions. (By the way, how does that work, running in two different districts?) Daugherty is "primary-ing" Democrat Amy Broyles in district 2, apparently over her alleged "party disloyalty" endorsements in the recent non-partisan City Council elections.

In the Monty Python performance art category, Victoria DeFreese will challenge incumbent Commissioner Mike Brown in South Knox District 9. DeFreese did not show up yesterday to get her petition. Pinkston has not filed yet, and may have been waiting on an opinion re. term limits and partial terms (see below).

Controversial 9th district School Board incumbent Robert Bratton drew a challenger. Bratton has not filed yet, but told Georgiana Vines he plans to run for reelection.

So far, no Democrats have filed for the new at-large Commission seats (assuming the seats still exist after court challenges). Out of 31 candidates who have filed there are only four Democrats.

February 18th is the deadline for candidates to qualify.

Georgiana Vines has more on some of these and other races, including comments from Duncan.

RELATED: Partial terms don't count against commission term limits.

Stick Thrower's picture

FWIW

Word in the 'hood is that Pinkston is not going to run.

R. Neal's picture

So he'll be campaigning for

So he'll be campaigning for DeFreese?

Rachel's picture

So he'll be campaigning for

So he'll be campaigning for DeFreese?

Yup. Already is.

ShannonSz's picture

Don't like the idea of a

Don't like the idea of a Duncan over the trustee office being investigated by the TBI with his father grooming him while himself at the federal level with influence over the TBI.....don't think he would allow his son to fail and very likely would stick his nose in to make sure this does not happen. This would not necessarily be a good thing and he sure did not do anything to step up and help before his son was running. With Duncan senior I suspect we won't know what is going on if his son succeeds in being elected....I just don't like the idea of a Duncan Trustee and for that matter would like to see Duncan opposition at the federal level also.

This goes back to the same fight regarding term limits but in a different way.

Surely there are better, more experienced people out there. We don't need a whole new form of nepotism and the investigation needs to go forward without outside or Duncan senior having a vested interest in it. He had his chance to help and surely knew what was going on.

rikki's picture

Fansler's ruling on which

Fansler's ruling on which Goins bases his opinion is not included in the PDF linked to the KNS article, so it's hard to reach a firm conclusion, but I believe Goins is wrong.
There is no ambiguity in the charter language, and only a tortured distortion of "more than a single term" into "two single terms" supports Goins' opinion. He is introducing an ambiguity that is not there. The charter is worded as it is for a reason, to allow a person to run only once as an incumbent. Pinkston and those similarly situated have already had their opportunity to campaign with the advantage of incumbency. Goins is undermining the language and spirit of the term limits law if he grants anyone a second such campaign.
He is correct about the at-large seats, however. Those are different offices with different constituencies.

Anonymously Nine's picture

He is correct about the

He is correct about the at-large seats, however. Those are different offices with different constituencies.

Those at-large seats as specified in Charter Amendment 3 are a violation of Tennessee State Law. Where is Goins' opinion on that?

SnM's picture

Goins sent a reply to the

Goins sent a reply to the Snark Bites column on this subject, to which he attached opinions he based his on. Unfortunately, I can't fathom how to link PDFs here without making them accessible through my e-mail account. If someone can enlighten me how to do that, I'll happily provide the link - or I can forward them to someone who can post them.

The opinion cited does say that more than one term should be interpreted as more than one, undivided term, however elliptical that reasoning seems.

R. Neal's picture

Use the create content ->

Use the create content -> upload image/file group and attach the PDF, note/copy the link it generates, post the link here. (May work, not sure). Or just email it to me.

R. Neal's picture

Goins info uploaded for SnM.

SnM's picture

Thanks, R.Neal!

Thanks, R.Neal!

bill young's picture

if this stands

Have i got it right?

If this stands, a county commissioner ,elected in '08 for 2 years,
re elected in '10 for 6 years, could be re elected in '16 & serve
4 more years???

I edited this post..I had posted "could be re elected in '14".

I was mistaken...the post should have read "could be
re elected in '16."

Again..I'm asking because I don't the answer.

R. Neal's picture

Anyone know anything about

Anyone know anything about Donald Lamb Land?

Gregg Lonas's picture

Before anyone else spends

Before anyone else spends time on Lamb it is actually Land.

R. Neal's picture

Thanks.

Thanks. My bad. The EC PDF fonts are small and my old eyes are bad.

So, does anyone know anything about Donald Land (other than how to spell his name)?

SnM's picture

snark

Commissioners May Ignore County Charter, State Finds
Pay no attention to that pesky charter," says state election coordinator


From APB reports.
KNOXVILLE - In an opinion issued Friday, state election coordinator Mark Goins said that, in regard to constitutional issues, Knox Countians would be better off consulting crystal balls, Ouija boards, Tarot cards, tea leaves or the entrails of dead animals rather than their own county charter. This interpretation paves the way for county commissioners to run for multiple seats simultaneously and to serve unlimited terms and gives explicit permission for county officials to thumb their noses at county residents and say "Nyah, nyah, nyah" to them.

Goins issued his opinion in response to a request from Knox County Administrator of Elections Greg Mackay to help the county get through just one election cycle without another constitutional challenge. Mackay asked for clarification in regard to the term-limits language in the Knox County Charter. The relevant language of the charter reads

...no person shall be eligible to serve in any elected office of Knox County if during the previous two terms of that office the person in question has served more than a single term.
(Knox County Charter 9.17.A)

Specifically, Mackay asked if "more than a single term" actually means "more than a single term." Goins cited a Magic 8-Ball message that read "My sources say 'no'" to interpret that the passage didn't actually mean what it said and thereby to discount partial terms in calculating term limits.

"Based on the Magic 8-Ball's message, clearly, 'more than a single term' does not mean 'more than a single term,' and, in fact, means something entirely different. Therefore, you should disregard that charter passage in its entirety when determining the eligibility of a candidate for County Commission to seek another term as a county commissioner or anything else that shakes his or her groove thing," explained Goins...

SnM's picture

and another

Knox County Government Facing Cancellation?
With cast members departing, can county government still entertain?

From APB reports. KNOXVILLE - Amidst a rash of announcements that several of its most popular characters will not be back for the 2010-2011 season, the long-running Knox County Government may face the prospect of dwindling viewership as citizens lose interest in its antics.

Media favorite Victoria DeFreese confirmed yesterday that she would not return to the role of "Knox County Commissioner Victoria DeFreese" next season, saying, "I intend to spend less time in the limelight and more time with my family - although I have deepest sympathy for the limelight's loss."

Meanwhile, contract negotiations with the Law-Director-Everybody-Loves-to-Hate, Bill Lockett, remain at an impasse, during which he has refused to leave his dressing room to take part in any of his assigned scenes. It appears likely that he will be phased out of the production over the course of the next two years, as understudy Joe Jarret transforms the role into the Law-Director-Everybody-Loves-to-Like.

Other fan favorites who have already left or announced their imminent departure include Mike Ragsdale, Mark Harmon, Thomas "Tank" Moore, Greg "Lumpy" Lambert and Scott "Scoobie" Moore. Moore was booted from the production after a series of highly publicized smirk-ups with current cast member "Our" Larry Smith.

Moore has continued to lobby unsuccessfully for reinstatement, publicly promising to be less smirkful, but it's believed Moore's emotive range runs only from smirk to pout. However, some talk has centered around spinning Moore off into a show of his own, The Smirks, in which he would play multiple roles, including Papa Smirk, Jokey Smirk, Grouchy Smirk and Smirkette.

South Knox County used car dealer Paul Pinkston, who plays "Knox County 9th District Commissioner Paul Pinkston" in the local government, is still weighing his return to the series. It's rumored that, in exchange for his return, Pinkston is demanding higher billing and his own special nickname - possibly "Peevish..."

KnoxCatLady's picture

Thank you rneal

Thank you rneal very much for posting this information! I appreciate it very much.

rikki's picture

Excellent, with the

Excellent, with the referenced ruling we can see exactly where Chancellor Fansler erred. It is here: "The absence of a clause or phrase in 8.17(a) addressing partial terms distinguishes this case." Fansler is wrong about this absence. The charter does include a phrase that addresses partial terms; Fansler merely overlooked it. That phrase is "more than a single term."

Here is the charter language: "..if during the previous two terms of that office the person in question has served more than a single term..." The authors of this statute could have written "served both terms," but they chose the phrase "more than a single term" and to define "the previous two terms" as the time frame in which to determine a person's eligibility. This somewhat convoluted sentence construction suggests the opposite of what Fansler concluded. The authors did not fail to address partial terms; they went out of their way to phrase the statute so it would cover the various irregularities of circumstance by which people take office.

Fansler doubles down on his mistake when he goes on to say, "Clearly the service between January 1, 1995 and the election in 1996 is less than an undivided four-year term." Just as clearly, service between January 1, 1995 and the election in 2000 is more than an undivided four-year term. Fansler uses the phrase "less than" while overlooking the statute's "more than."

The Thompson v. Beeler decision plainly constrains the authority of the state election coordinator as it pertains to local offices and home rule. Fansler acknowledged Thompson's authority to offer guidance and opinions, but permitted the county election commission to decide differently, as it did with Beeler's candidacy. The current election commission should act similarly, rejecting Goins' opinion and ruling that a candidate is not eligible for a county office "if during the previous two terms of that office the person in question has served more than a single term."

ShannonSz's picture

perhaps it is a simple as

perhaps it is a simple as how one defines a term /// thank u for posting this information

R. Neal's picture

DeFreese says she won’t

Greg Mackay's picture

Quist

My office failed to note that Cathy Quist has in fact picked up a nominating petition for "Circuit, Civil Sessions & Juvenile Court Clerk."

We will fix this on the chart but it will be next week.

R. Neal's picture

Georgiana Vines has an

B Harmon's picture

From a second district resident...

This is an open letter to Don Daugherty, who may be seeking residence here in the second district so he can qualify to run for County Commission to represent us as mentioned in this News Sentinel column.

(link...)

Don Daugherty:

Speaking for myself and many here in the second district, please find residence elsewhere in the county. We believe that the representative for our district on County Commission should live in the district NOW and have lived here long enough to know our concerns. A representative should be a part of the community and have attended association meetings BEFORE they decide to campaign for our vote.

This "legal loophole" plan of yours sounds purely political and serves only yourself, not the people of this district. If you want to be on County Commission why not run in the district in which you are currently living?

My husband Mark Harmon and I are proud to support Amy Broyles because of the great job she has done as our current County Commissioner and will continue to do in this next term.

Sincerely,

Becky Harmon

Anonymously Nine's picture

Counter Point

This is an open letter to Don Daugherty, who may be seeking residence in the second district so he can qualify to run for Knox County Commission against Amy Broyles.

Don:

Speaking for myself and many others throughout Knox County please find residence in the 2nd District and run against Amy Broyles.

Knox County cannot afford Ms. Broyles and her expensive, vague, and hazardous social ideology. The constant anti-law enforcement prejudice from Ms. Broyles presents a public safety hazard to citizens across Knox County. Her mandate to push housing for the mentally ill, drug addicted, and alcohol addicted out into rural and suburban areas is counter productive, expensive, and cruel to the people who need this help. These patients need to be close to services. It is ridiculous to create a private on demand bus service to move these patients far out into the county.

What you are doing is both legal and ethical and I wish you God speed and great success.

Bbeanster's picture

Endorsed by #9. Reckon

Endorsed by #9.

Reckon he'll put that on his campaign lit?

bill young's picture

Amy Broyles

I firmly believe in not putting the cart before the
horse when it comes to elective office.

Therefore,a candidate must win the nomination before
they can win the general election.

I will support Amy Broyles for the Democratic
nomination in the 2nd County Commission district.

Amy has done a great job.

Bill Young

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