Thu
Jul 26 2012
02:54 pm
A second wave of waiting regarding request
By: Mark Harmon

On Monday I sent the note below by Certified Mail (and closed with my address, phone and e-mail). Today I received the little green post card indicating receipt. No other reply yet. --Mark Harmon

The Honorable Randy Nichols July 23, 2012
District Attorney General, Knox County
400 Main Avenue, Suite 168 (City-County Bldg.)
Knoxville, TN 37901-1468

Dear District Attorney General Randy Nichols,

Please regard this note not as a formal complaint, but instead as a citizen concern – one I hope you will address for the benefit of all involved and for our community.

On July 2, 2012, I sent to you an e-mail asking you to investigate and to report on the campaign finance disclosure discrepancies regarding Mayor Tim Burchett. This followed a note from Drew Rawlins, Executive Director of Tennessee’s Bureau of Ethics and Campaign Finance, that you should be the first step in this process.

I’ve not received a reply. At this point it is impractical for me or anyone to make a formal complaint because, as evidenced by the new details in Sunday’s News Sentinel, the information surrounding and supporting such a complaint keeps changing. Rather, I think the proper course is for you to use investigatory tools at your disposal. That will help resolve the lingering legal and ethical questions in this matter.

My desires are: 1) the public records regarding campaign finance are accurate, 2) if any activity in this matter was illegal, that illegality should be prosecuted, and 3) these discrepancies are not left unresolved. I hope you share these goals, and would appreciate the courtesy of a reply.

Cordially yours,

Mark D. Harmon

Topics:
AnnaMoose's picture

Do Nothing

Submitted by AnnaMoose (not verified) on Thu, 2012/07/26 - 4:33pm.

So basically you don't care enough to actually do anything.

A formal complaint states there are discrepancies. There are Obviously discrepancies. If you were actually a concerned citizen you would file a formal complaint, not just look to get your name in the paper. If a complaint is not filed before Aug. 5th, Burchett walks. Please tell me there is one registered voter that will stand up and file a complaint. Even if nothing comes of it, at least make him be held accountable.
Or has everyone just come to expect this type of behavior from government?

Calypso's picture

see? not the only one

Submitted by Calypso (not verified) on Thu, 2012/07/26 - 5:07pm.

"So basically you don't care enough to actually do anything."

lonnie's picture

Are you a registered voter?

Submitted by lonnie on Thu, 2012/07/26 - 10:01pm.

Are you a registered voter? Hmmmmmmm

B Harmon's picture

What is stopping either of

Submitted by B Harmon on Thu, 2012/07/26 - 5:13pm.

What is stopping either of you from filing a formal complaint?

Calypso's picture

"What is stopping either of

Submitted by Calypso (not verified) on Thu, 2012/07/26 - 5:23pm.

"What is stopping either of you from filing a formal complaint?"

Against Allison Burchett? What purpose would that serve? Remind me, when has Randy Nichols done anything? Raynella Dossett Leath walked free for a long time. It would be a waste of time.

AnnaMoose 's picture

Calypso

Submitted by AnnaMoose (not verified) on Thu, 2012/07/26 - 8:31pm.

Exactly where does the law say Allison is the candidate or is required to swear or affirm the disclosure forms are true or accurate?

Gregg Lonas's picture

It might

Submitted by Gregg Lonas on Thu, 2012/07/26 - 5:25pm.

It might have something to do with TCA 2-10-108.

fischbobber's picture

Tim Hutchinson

Submitted by fischbobber on Thu, 2012/07/26 - 10:25pm.

My guess is that Tim Hutchinson would perform the civic duty of filing a complaint if he believed that Tim Burchett was indeed guilty.

Because if Tim Burchett is indeed guilty, Hutchinson has the most to gain.

That doesn't mean he wouldn't be doing it out of his concern for the citizens though.

Nobody important 's picture

Hutch

Submitted by Nobody important (not verified) on Thu, 2012/07/26 - 11:45pm.

Hutch has his own race to run. Whatever ill feelings he may have towards Burchett (and rightfully so as payback for Burton Webb ruining his shot at mayor) Hutch will not be the one to swear out a complaint. He has his own race to run, this time without Burchett having his college cronie Burton Webb who just happened to sit on the board of a bank call the note on Hutch's loan and then sue him. Only After the election did we find out the hutch wasn't even on the note anymore and the lawsuit was dropped (of course!) but not before the damage was done...And you wondered why in the world he hired a indicted theft that wasn't even a CPA as finance director. Oh please. Good ol' Timmy is far from squeaky clean.

fischbobber's picture

So?

Submitted by fischbobber on Fri, 2012/07/27 - 12:06am.

Are you saying that Hutch would not swear out the warrant if he knew Tim were guilty?

Because my point was your point. Tim has political enemies. If this were real, I am of the opinion Hutch would know, and do something about it.

EDIT: This is an ugly divorce that our local paper is using to try to sell enough papers to make it look like they are doing their job. But they're not.

Tamara Shepherd's picture

Gregg's citation:

Submitted by Tamara Shepherd on Thu, 2012/07/26 - 10:36pm.

2-10-108. Sworn complaint on statements of candidates -- Penalty for false complaint.

(a) A registered voter of Tennessee may file a sworn complaint alleging that a statement filed regarding an election for which that voter was qualified to vote does not conform to law or to the truth or that a person has failed to file a statement required by law.

(b) All sworn complaints on a statement of a candidate for state public office or a political campaign committee for such candidate must be filed in the office of the registry of election finance.

(c) All sworn complaints on a statement of a candidate for local public office or a political campaign committee for such candidate must be filed in the office of the district attorney general who represents the judicial district in which the voter resides.

(d) Any person who knowingly and willfully files a sworn complaint which is false or for the purpose of harassment is subject to the civil penalties enacted into law by Acts 1989, ch. 585, and is liable for reasonable attorneys' fees incurred by the candidate who was the subject of such complaint.

Ouch. So the choices are 1) ask that the DA establish this precedent that his office will investigate certain allegations absent the sworn complaint required by statute, 2) file the sworn complaint and run the risk that allegations implied by KNS are unfounded, after all, or 3) allow the statute of limitations to expire on what could be a legitimate complaint?

Those are three lousy choices, aren't they?!

(Thanks for that insight, Gregg.)

Nobody important 's picture

Not a lawyer

Submitted by Nobody important (not verified) on Thu, 2012/07/26 - 11:54pm.

I'm not a lawyer but I'm pretty sure "knowingly and willfully" mean something. If you truly believe that there's something funny going on, ie discrepancies that need investigated, that is the difference maker. For example: "There was an expenditure listed on Tim's disclosure to a company that says it did no work for the campaign".
Then that isnt done to harrass, or knowingly or willfully false, it's done because you truly believe it needs to be investigated. Even if later its found out to somehow be ok, they can't charge you because you didn't do it knowingly and willfully for that purpose.
Any attorneys out there that can clarify?

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

TN Progressive

TN Politics

Knox TN Today

Local TV News

News Sentinel

    State News

    Wire Reports

    Lost Medicaid Funding

    To date, the failure to expand Medicaid/TennCare has cost the State of Tennessee ? in lost federal funding. (Source)

    Search and Archives