Placeholder for discussion of erupting news due out at 3:00 PM. If ny sources are at any meetings or pronouncements and want to phone in a play-by-play let me know and I'll live blog it.
BREAKING NEWS UPDATE: Michael Silence reports that the word around the KNS newsroom is term limits are valid, and they apply to everybody. Developing....
BREAKING NEWS UPDATE: The Tennessee Supreme Court has ruled that the Knox County Charter is INVALID (but in force), and term limits are VALID. Full text of the ruling here [1]. More as events unfold...
BREAKING NEWS UPDATE: The Beanster reports that County Mayor Ragsdale will hold a news conference at 4 PM. General consensus at the moment is that the ruling means all term limited officials (including the Sheriff) must be replaced.
BREAKING NEWS UPDATE: The Knoxville News Sentinel files this report [2]:
Sheriff Tim Hutchison, eight of 19 county commissioners and other officeholders must leave office under a ruling issued today by the Tennessee Supreme Court.
The court upheld two-term limits approved by voters in 1994 for all government officials except court clerks and school board members. Politicians who have served more than two terms therefore must leave office.
BREAKING NEWS UPDATE: From a comment by CL below on replacement of term limited officials:
"Article VII, section 2 provides that “[v]acancies in county offices shall be filled by the county legislative body, and any person so appointed shall serve until his successor is elected at the next election occurring after the vacancy is qualified.” See State ex rel. Winstead v. Moody, 596 S.W.2d 811, 812 (Tenn. 1980)."
BREAKING NEWS UPDATE: From the KNS report cited above on the Knox County officials affected by the ruling:
Affected officeholders include [Sheriff Tim] Hutchison, Register of Deeds Steve Hall, Trustee Mike Lowe, County Clerk Mike Padgett and commissioners Mark Cawood, John Griess, John Mills, Diane Jordan, Larry Clark, Billy Tindell, Phil Guthe and John Schmid.
BREAKING NEWS UPDATE: By way of KAG in comments, WBIR files this report [3] with interpretation of the replacement process.
BREAKING NEWS UPDATE: Betty Bean files this report from the scene of County Mayor Ragsdale's press conference (or more accurately on her way to the Bistro with Frank Cagle after the press conference, with apologies if I misquoted her):
- No time frame has been set for appointing new officials to replace term-limited officeholders, but the intent is "sooner rather than later."
- There is some question as to the order of the appointments, i.e. all at once or County Commission first. The thinking is that it is appropriate for County Commission to appoint the new County Commission and let them appoint the other replacement officeholders.
- Rumor is that outgoing commissioners have already lined up political allies or relatives as successors. It is also believed that there are already deals in place to replace Democrats with Democrats and Republicans with Republicans.
- Mayor Ragsdale had his personal attorney Bud Gilbert at his side instead of Knox County Law Director John Ownings.
- The biggest dogfight will revolve around replacing Sheriff Tim Hutchison. The two names that have surfaced as leading contenders are JJ Jones and Tom Spangler, with Spangler possibly having the better shot.
Betty Bean will have lots more with full and complete coverage in the upcoming Halls Shopper [4].
BREAKING NEWS UPDATE: Knox County Administrator of Elections Greg Mackay says that the August 8th August 2008 election would be the "the next election occurring after the vacancy is qualified" mentioned in state law re. filling vacancies. Meaning that officeholders appointed to fill vacancies created by the term-limits ruling would presumably hold office until then, and then there would be an election.
COUNTY MAYOR REACTION: Message from the office of Knox County Mayor Mike Ragsdale [5], text of Mayor Ragsdale's remarks [6] at yesterday's press conference.
BLOG COVERAGE: Michael Silence [7], Terry Frank [8], Linda Noe [9], Scott Emge, [10], David Oatney [11], Gene Patterson [12], CE Petro [13], Brian Hornback [14]. And over at the Blab [15]. BONUS: County Commissioner Mark Harmon [16] blogs from the Sixth Floor.
SATURDAY LOCAL MEDIA ROUNDUP: Knoxville News Sentinel here [17] and here [18], WATE [19], WBIR [20], WVLT [21].
BACKGROUND: Previous articles and discussion of charter and term limits controversy at KnoxViews [22].
Summary of ruling:
"In this expedited appeal, the primary issue presented for review is whether Knox County, Tennessee, has a valid governmental charter. A secondary issue is whether a term limits amendment to the county charter should be applied and, if so, to which of the elected county officials. We hold that while Knox County failed to comply with the enabling legislation for instituting a charter form of government, since September 1, 1990, Knox County has been governed under a de facto charter with a county mayor, county commissioners, and other de facto officers. For the reasons set out in this opinion, it is our conclusion that the term limits amendment meets due process guidelines and applies to all elected Knox County Government officials except for the court clerks and the school board member, each of whom is protected by either the state constitution or statute. The judgment of the Knox County Chancery Court, which invalidated both the charter and the amendment, is therefore affirmed in part and reversed in part."