Today several county officials took the oath of office and affirmed before God, state and country their disregard for the citizens and voters of Knox County. From this day forward, until the efforts to dismantle and undermine the referenda that established charter government and term limits are either given the blessing of the Tennessee Supreme Court or rejected by it and a remedy devised, Knox County is a bastard.
I wonder whether any of the illegitimate incumbents felt any shame while taking that oath or if pissing on the little people is enough of a habit that they don't even notice they are doing it.
With the various suits that have been filed fishing for the right combination of standing and basis to uphold or destroy the charter and term limits and with the charter review committee placing questions on the November ballot that may not even need to be there and the Supreme Court asserting its perogative to address both the validity of the charter and the scope of term limits, it would seem Knox County has all the bases covered to resolve this mess. It does not.
What is missing is a citizen's petition or two. If enough signatures were collected before the ballot is finalized, Knox Countians could be asked in November whether they would like all the term-limited county commissioners, the sheriff, trustee and register of deeds removed from office and a special election held to replace them or whether they would simply like the entire county government dissolved and replaced. That would give citizens the opportunity to reassert their will regardless of what the Supreme Court might decide and without waiting to see how long it might take them to make a decision. Unfortunately, Knox County voters have proven themselves incapable of doing deliberately what term limits would do for them automatically, so they probably deserve to live under bastard rule.
Welcome your new overlords, chumps!
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Did the term limited county
Did the term limited county commissioners, register of deeds, Trustee, county clerk,etc, swear an oath to uphold the charter they are in violation of?
Knox County is faced with a simple question
What is missing is a citizen's petition or two. If enough signatures were collected before the ballot is finalized, Knox Countians could be asked in November whether they would like all the term-limited county commissioners, the sheriff, trustee and register of deeds removed from office and a special election held to replace them or whether they would simply like the entire county government dissolved and replaced. That would give citizens the opportunity to reassert their will regardless of what the Supreme Court might decide and without waiting to see how long it might take them to make a decision.
Unfortunately the Knox County Charter does not allow that kind of petition and don't expect the County Mayor's Charter Review Committee to incorporate that improvement.
Another thing the County Mayor's Charter Review Committee has deliberately overlooked is the ability to recall either the Mayor or a Knox County Commissioner.
The Charter Review Committee is now closed. It was an abject failure. In the City of Knoxville the Mayor or a City Council member can be recalled. In the City there can be a petition for referendum. But Knox County does not need such democratic clauses in its Charter.
Even when Larry Stephens resigned from the Charter Review Committee the group was unfazed. They did the County Mayor's bidding. It appears the only goal of the Committee was to include the Sheriff in the term limits referendum for November. I have argued about this before so there is no need to elaborate. Only the Supreme Court can make that decision.
Knox County is faced with a simple question. Is Mayor Ragsdale the problem or just a symptom of a deeper more complex problem?
The right to dissolve and
The right to dissolve and replace our government is inherent. So is the right to petition for redress of grievances. Perhaps you can quote the specific passages in the Charter that subvert these rights. I'm not inclined to take your word for it.
The Knox County Charter Committee should be reopened...
Perhaps you can quote the specific passages in the Charter that subvert these rights.
There is nothing in the Knox County Charter that allows this. I cannot quote a passage that does not exist.
A group of West Knoxville PTA people wanted to create a petition to "fully fund the Hardin Valley High School for 2100 students" and place it on the November ballot. The idea was similar to the petition against the World's Fair downtown hotel or the Wheel Tax petition. They were told they could NOT do this.
The World's Fair downtown hotel was in the City of Knoxville which allows "petition for referendum by ordinance". The Knox County Charter has no provision. The Wheel Tax petition fell under Tennessee State law. The Knox County Charter referendum falls under State law.
Let me summarize. There are two glaring differences between the Charters of Knoxville and Knox County. The first is that Knoxville City has a recall option for elected representatives. Knox County does not. Recall is not "removal". Any official can be removed for a criminal offense. Recall is done by a vote. It is a different mechanism. Gray Davis of California was recalled by the voters. Knoxville Mayor Victor Ashe had a recall action against him which failed. Gray Davis and Victor Ashe had not committed any crimes, the people just felt they should be recalled or in other words fired.
The second difference is that in the City of Knoxville citizens can create a petition to appear on the ballot such as they did with the World's Fair downtown hotel providing enough signatures of registered voters are obtained. The people in Knox County do not have this ability.
If you do not believe me call Greg Mackay. His work phone number is 215-2480. I was told by one of the West Knox PTA people that Greg Mackay said the Hardin Valley High School petition "could not be placed on to the November ballot" because the Knox County Charter does not allow it.
Since that is second hand information maybe Greg Mackay would be good enough to tell us here on KnoxViews what the law is. I think that would be a public service.
The Knox County Charter Committee should be reopened and these two additions to the Charter should be made. Do you agree rikki?
#9
Number 9 has the facts right.
The City Charter ((link...)) Section 708 deals with "Recall" and 709 with "Initiative and Referendum"
The "Hotel Petition" was an example of Section 709 which allows citizens to pass legislation by petition and referendum.
The County and State don't have that. Like 9 said, I can't quote something that does not exist.
We can't have an election because a group of people think it is a good idea. We have to have specific legal authorization.
The Wheel Tax vote was authorized under TCA 5-8-102(c)(2)(a) ((link...)).
We can't have an election
We can't have an election because a group of people think it is a good idea. We have to have specific legal authorization.
Greg, thanks for the reply.
I feel this is an issue that has been over looked. Speaking for myself I would like the Knox County Charter Review Committee to reconvene and study this issue to determine if it should be on the November Ballot.
The county charter should
The county charter should have referendum and recall provisions. Their absence, however, does not mean such efforts are not allowed. The Tennessee Constitution says we have not just the right, but the obligation to overthrow our government should it become necessary.
A referendum on funding the Hardin Valley school is not relevant, and Greg is probably right about there being no basis for that. A petition demanding the removal of term-limited incumbents seems like it would fall under the same proviso that allegedly established term limits in the first place. The 1994 referendum could have and obviously should have spelled out how it would apply to sitting office holders. What I'm suggesting is a repeat of the 1994 effort with language explicitly defining it as a retroactive law and demanding the removal of incumbents now serving in defiance of that referendum.
Petitioning to dissolve and replace our government has a stronger basis in the Tennessee Constitution than in the U.S. Constitution, and it is guaranteed by both. I'm sure there are many lawyers who would be delighted to figure out how such a thing could be done and fight the election commission or anyone else who stands in the way.
The county charter should
The county charter should have referendum and recall provisions.
Why did the Charter Review Committee omit such obvious and important provisions such as recall and referendum? Was the problem that they were under the control of the County Mayor? You have to wonder when you look at the members of the committee.
There is still time to repair the Knox County Charter. Will the local media present the case to do so?
Interesting Day For Me
I was part of the swearing in ceremony and assumed my new role on the Knox County BOE. I found the entire morning to be a "cluster". I missed the "prayer breakfast" but I am sure my invitation got lost in the mail. The program did not list my name or other BOE members and County Commissioners. It turns out that some programs did have them and others did not, hmmmmmmm. I bet the printing / assembly of the programs was awarded to the lowest bidder.
I hope the Supreme Court term limits every "elected" office as this will encourage more people to run for office. Change is a good thing!
Thomas Deakins
Low bids
If the programs were awarded to the lowest bidder it would be about the first low bidder in the reign of Team Ragsdale which prefers other criteria for awarding public contracts.
Congratulations
I hope the Supreme Court term limits every "elected" office as this will encourage more people to run for office.
Thomas, your win over a candidate who seemed to think Creationism should be taught as science was one of the few bright spots in a dismal election season. Your remark reminds me of another upside, the number of candidates who emerged and ran strong campaigns in the face of long odds and baffling circumstances. Hopefully many of them will come away from the experience with hopes to try again after the infection subsides.
Rikki,Thank you! I want
Rikki,
Thank you! I want people to understand that we can beat "the unbeatable" if the right team is in place. I made some great friends during this campaign and I hope some of them will seek office again.
My comments regarding the
My comments regarding the ceremony on Friday were read by the Mayor's office. I just received a call from Allison @ the Mayor's office. She was very sorry that I experienced these issues and apologized profusely.
Please make sure this comment gets to Allison for me - Allison, thank you for the phone call and all is well.
Thomas Deakins