Mon
Feb 26 2007
09:32 pm
By: DavidLeeHiker

The KNS's suit against the County Commissioners is as straightforward and provable as any lawsuit can be.

As a citizen, it seems simply arrogant for the Commission to not settle. As a lawyer, I assumed the Open Meetings Act had a provision (as does the Civil Rights Act) for attorneys fees for successful litigants. In reading McElroy's blog, I was shocked to learn that the Open Meetings Act ONLY would allow for a revote, ie, no fees. Thus, Commission has nothing to lose by refusing settlement.

Could we get our State Senators and Legislators to a provision for attorneys fees to the Open Meetings Act? Such a provision would give the OMA some teeth, and would further the purpose of the OMA.

R. Neal's picture

Jail terms. There's your

Jail terms. There's your bite. Even if it's just overnight for contempt. Plus maybe picking up litter for a day or two or something.

Socialist With A Gold Card's picture

Although jail might be a bit

Although jail might be a bit harsh (and I'm sure some kind of sovereign immunity law prevents them from being personally liable), violations of the OMA ought to carry some kind of sanction, like Commission being liable for a fine of $X per violation.

Without a real sanction, the OMA stops being a law and becomes merely a suggestion.

--Socialist With A Gold Card


"I'm a socialist with a gold card. I firmly believe we need a revolution; I'm just concerned that I won't be able to get good moisturizer afterwards." -- Brett Butler

CBT's picture

The settlement offered by

The settlement offered by the KNS was simply to have those appointed resign and make the appointments again. Basically, admit you did it wrong and do it again. It's shocking the Commissioners didn't just fess up and tell the KNS 'gee whiz, thanks, we did screw up, you win'.

Get real. Many Commissioners see nothing wrong with how they made the appointments and believe only those who didn't get their choice are complaining. They don't see this huge public outcry. And, I'm beginning to think maybe it is more media hype, political grandstanding and a few more letters to the editor and blog posts.

I was at Commission meeting today. Yes, I know it's at 2:00 in the afternoon. But, there were maybe 5 people there who weren't being honored, lawyers representing clients, elected officials, county employees, media people or politically obsessed (me and one or two others). Maybe some were watching on TV. But, I'll bet very few.

I mean no disrespect, but the attention span of the voting public is not long. I still say the best recourse is to start campaigning now (organizing, lining up support and raising money...there will be a lot of competition for the political dollar next year) and not filing lawsuits or trying to pass special laws to get special elections.

The KNS would better serve the public if they would publish the Commission agenda each month and really cover the serious matters which Commission decides every month instead of a Tuesday story consisting of 'hey, here's the 3 things Commission did yesterday'. Better coverage and investigation on the front end will get more benefit than any Open Meetings lawsuit.

Rachel's picture

The KNS would better serve

The KNS would better serve the public if they would publish the Commission agenda each month and really cover the serious matters which Commission decides every month instead of a Tuesday story consisting of 'hey, here's the 3 things Commission did yesterday'.

Heh.

I disagree with you about the lawsuit, but I'm absolutely in agreement with this. And ditto coverage of City govt., although Hayes Hickman's reporting earns the KNS a much higher grade for city coverage than county coverage.

However - tomorrow night Council will pass the form-based code for the south waterfront. This is a BIG DEAL. It not only will provide the basic building block for 3 miles of the south waterfront, it's a brand new kind of zoning code for Knoxville (actually, it's fairly new everywhere - I look for our implementation to get some national coverage in planning and local govt publications).

You'd think the KNS could at least do a feature on it. A map would be nice. But nope.

Number9's picture

Nail on head CBT,

The KNS would better serve the public if they would publish the Commission agenda each month and really cover the serious matters which Commission decides every month instead of a Tuesday story consisting of 'hey, here's the 3 things Commission did yesterday'. Better coverage and investigation on the front end will get more benefit than any Open Meetings lawsuit.

When I watched the January 31st meeting I was upset. But now that I see how flawed and unenforceable the Sunshine Law is I agree it is time to move on. Save your powder. You want to take back the government, get to work. February 2008 will be here very soon.

This idea that two Commissioners cannot talk about government over lunch doesn't make sense to me. It is a completely different matter if there is a quorum in the back room of the 19th Hole at Cherokee County Club. I don't know the answer. There is so little debate in Committee and Commission you have to wonder if there is any debate at all.

The thing that bothers me the most is that any reporter can walk behind to the coat room during these recesses. So why don't they?

I wish the News Sentinel would assign a reporter for the whole meeting and print who voted for what and like Chad said print the agenda before the meetings. So much is made about being the paper of record there are little things that could be done better. Mr. McElroy, I hope you will consider these suggestions.

As I wrote before I would like to see some kind of Coverage Review Board (hat tip to Ultron) or Ethics Review Board at the News Sentinel. With all of the strong talk I would hope the News Sentinel would lead by example.

Tamara Shepherd's picture

Commission agenda e-mail list

Chad: "The KNS would better serve the public if they would publish the Commission agenda each month..."

FYI, the County Commission *does* maintain an e-mail list of parties to receive it's agenda monthly. It goes out three days in advance of the meeting, primarily to various county department heads, but a smattering of individuals representing organizations outside local government receive it, as well.

I did so for two or three years, in my capacity as a PTA legislative chair for my kids' school, until I had to go without my computer for a couple of months at one point.

If any are interested, just phone the CC office at 215-2534 to be added to the list.

Rachel's picture

Commission Agenda

Service in the Commission office is terrible. I asked to be put on this list years ago, and they never followed through.

The other day I called to register my unhappiness with how the 1/31 meeting had been conducted, and the person who answered the phone suggested that I call Scott Moore directly. I told her I was leaving a message for all of Commission, and commented, "I assume you track those kinds of messages." Her response - "only if we have to."

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