Thu
Jan 26 2012
11:10 am

On Monday, County Commission approved the 27 members of the Charter Review Committee, which will soon convene to discuss what, if any, changes should be made to the county charter. All Commissioners except for Hammond and Ownby will serve on the committee, and each nominated a citizen from their district. In addition, Mayor Burchett nominated a citizen from each district.

Burchett deserves kudos for offering a balanced and qualified slate of nominees, including a few who could fairly be called opponents of him. In district order, they are Ian Hennessy, John Schmid, Margot Kline, Billy Stokes, Diane Jablonski, Tony Parker, Beth Wade, Lisa Starbuck and Brad Sunnison.

Commission appointees are Keith Lindsey, Renee Hoyos, Connie Hughes, Barbara Pelot, Craig Leuthold, David Page, Bob Roundtree, Anne Aker and Ed Fraem.

Apologies in advance for misspellings.

There were two nominations that did not get unanimous approval. Commissioner Ownby initially nominated Elaine Davis, but after it was pointed out that she is running for a seat on the school board, Ownby withdrew her name and substituted Pelot. Burchett's First District nominee, Ian Hennessy, was unfamiliar to First District Commissioner Sam McKenzie, and he and Broyles voted against the nominee.

This precipitated a discussion about the lack of racial/ethnic diversity on the committee, with McKenzie making the especially salient point that he felt duty-bound to nominate an African-American since no one else did, forcing him to overlook qualified nominees in his district of other ethnicities. It should be noted that the gender balance of nominees is exactly even, though commissioners themselves tilt the overall balance toward testosterone.

The first meeting has not been scheduled, and there is no guidance yet on what changes will be considered. The Charter requires a review committee every eight years, and though we had one just a couple years ago to cure defects identified by the courts, someone decided it was necessary to empanel a committee this year.

Tamara Shepherd's picture

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Rikki, Sixth District Commissioner Brad Anders chose David Page as our citizen rep.

(And note that Bob Roundtree, a former Sixth District Commissioner himself, appears to have been "redistricted" to the Seventh District.)

As to why we're seeing this committee formed now, my understanding is that the committee formed a couple of years back reviewed ONLY those charter defects identified by the courts.

The charter, of course, calls for a more comprehensive review than just that, on an every-eight-years schedule.

Tamara Shepherd's picture

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Personally, I was pleased to see a KNS editorial this morning entitled "Trustee office woes example for charter review panel."

I note that KNS is also linking this morning The Tennessean's story regarding the just-released comptroller's audit of Davidson County Clerk John Arriola's office.

As this committee begins its work, I hope KNS continues to advocate for some oversight of these fee offices.

Tamara Shepherd's picture

Question:

I'm aware that before winning an at-large seat, Commissioner Ed Shouse formerly occupied a Fourth District seat. I'm also aware that Shouse is a more experienced officeholder than relative newbie Jeff Ownby. I like Shouse just fine, too.

Still, as to commission having chosen Shouse over Ownby to serve on this committee, the charter's text reads thusly (at Section 9.05(D)):

The Charter Review Committee shall be composed of twenty-seven (27) total members with one (1) member of the Commission from each Commission district to be nominated by the Knox County Commission...

Did commissioners consult the law director concerning their ability to elect At-large Commissioner Ed Shouse to this committee, when Fourth District Commissioner Jeff Ownby was presumably able to serve?

(My apology in advance if possibly KNS or some other media outlet has already answered my question previously.)

rikki's picture

There was no discussion

There was no discussion Monday about which commissioners would serve. It was just mentioned that everyone but Hammond and Ownby was nominated. I don't know when nor how that was decided.

SamIAm's picture

Shouse is from the 4th

Shouse is from the 4th district. He serves at-large, but he lives in the 4th district. The charter does not say that the commission members must represent each district, just be from each district. Also, there might be an argument that the original charter did not address at-large commissioners and at-large commissioners (theoretically/ideally) represent each district...so even if you take "from each Commission district" to mean "representing each Commission district," there might be a case for allowing Shouse to serve in Ownby's place.

Also, at either the December or November meeting, Ownby indicated that he would rather defer to Shouse rather than serve on the Charter Review Committee. It was a responsible thing to do, as even Ownby acknowledged that Shouse might be a more useful member because of his experience in county and city government.

rikki's picture

I think you're right. I think

I think you're right. I think Ownby opted to let Shouse represent the 4th at the December meeting.

Average Guy's picture

Pelot seems a little to

Pelot seems a little to compromised to be involved with this; (link...)

I think one could safely assume if this group challenges anything regarding KCSO operations or budget, she'll be there to defend. It would be hard for anyone familiar with Henry's case to believe her positions would be coming from anywhere other than allegiance.

Tamara Shepherd's picture

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I think one could safely assume if this group challenges anything regarding KCSO operations or budget, (Pelot will) be there to defend.

IF this committee should choose to examine how to better oversee the Constitutional offices, it seems to me that they'd have two tasks.

First, they'd need to establish some process for confirming or denying the existence of a concern.

Next, they'd need to establish some process (or changed structure, possibly) for responding to any substantiated concern.

Irrespective of her own personal read on whether the Sheriff's office handled the Granju case correctly, I would expect Pelot to posses the intellectual honesty to make suggestions as to what that first process should be.

I would also expect a 27-member committee to generate at least 13 1/2 different opinions on the subject.

Right this minute, I am not aware of any reason to fear this committee's majority rule--although I don't know several of its members.

R. Neal's picture

IF this committee should

IF this committee should choose to examine how to better oversee the Constitutional offices, it seems to me that they'd have two tasks.

Too much meddling would probably require an amendment to the state Constitution. I'm guessing there's some case law on this.

Tamara Shepherd's picture

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Too much meddling would probably require an amendment to the state Constitution. I'm guessing there's some case law on this.

I would assume that case law is the TN Supreme Court's Jordan decision?

While you were on vacation, Mike Hammond was interviewed by WATE on the subject, as follows:

"Duncan ran on restoring trust to the trustee's office. Now's the time to show our citizens that he's doing that," said Commission Chair Mike Hammond. "He needs to take strong, decisive action and whatever it takes, wherever the chips fall, he has got to do that."

Hammond says he would like the county to hire an inspector general to investigate this sort of case.

He also says he plans to ask the Knox County Charter Review Commission to place an amendment on the fall ballot that would allow commission to oversee county offices like the trustee's office.

"I think that's going to help some of this, so that there are some more checks and balances," Hammond said.

Tamara Shepherd's picture

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It was just mentioned that everyone but Hammond and Ownby was nominated. I don't know when nor how that was decided.

Thanks, Rikki.

I just wondered when/how Shouse's election came about and whether others--especially Jarret--think the charter allows it.

Mine was a question as to the process employed, not necessarily an objection to the result that process produced.

If the process was open and legit, I suppose it's a matter between Ownby and his peers.

Tamara Shepherd's picture

About my earlier question:

I phoned the commission's office and they said that commissioners publicly discussed which of them would would serve on this committee first at the work session, then again at the regular monthly meeting.

They said their vote as to which commissioners would serve was also conducted publicly at the regular monthly meeting.

I didn't ask if Jarrett opined at either meeting on this matter of Shouse substituting for Ownby on the committee.

They referred me to the Clerk's office if I cared to read the official minutes (which, given the answers clerical staff gave me, I don't really care to do).

So please excuse that momentary interruption and carry on.

rikki's picture

I attended both the workshop

I attended both the workshop meeting and the regular meeting, and I heard no discussion about the specific topic you're asking about. At the workshop, most district commissioners floated the name of their citizen nominee, and it was mentioned that Burchett would present his slate on Monday. I don't recall any discussion about which commissioners would serve.

On Monday the slate of commissioners was discussed only in the most perfunctory sense, ie. "So we agreed that nine of us who will serve are all but Hammond and Ownby, right?" "Yep." "All in favor, the ayes have it." Maybe they discussed it at the luncheon.

I'm not trying to imply that anything untoward happened, just that I can't answer your question. It's possible, maybe even likely, that Ownby asked Shouse to take his place, because no one seemed upset about it.

Tamara Shepherd's picture

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I truly don't know what to think about how commissioners reached this decision--much less whether the charter allows it--now that I have conflicting info...

Well, I don't care to track down meeting minutes from the Clerk to answer these two questions, so I'll wait to hear from anyone else who maybe attended that luncheon, or has some other insight.

I tend to think this commission would not knowingly run afoul of the law, so no biggie, really.

Tamara Shepherd's picture

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Thanks, Sam and Rikki.

Yes, I knew Ed lives in the Fourth. I was just curious to know whether there was any discussion with the law director as to how we should interpret that section of the charter calling for a member "from each district."

And again, I certainly see the wisdom in Jeff's deferring to Ed's "seniority" on this.

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