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Published on KnoxViews (http://www.knoxviews.com)

Knox County update

By R. Neal
Created Sep 17 2007 - 13:13

As the KNS v. County Commission trial continues [1], there may be more breaking news later in the day that may or may not be related.

UPDATE: WATE reports [2]:

Knox County Commissioner Greg "Lumpy" Lambert is the subject of possible sanctions for not turning in his January phone records to the court where the Sunshine Trial is taking place.

[..]

Attorney Richard Hollow, who represents the Knoxville News Sentinel, filed a motion for sanctions against Lambert saying he has refused to turn over his cell phone records after the jury was released Monday afternoon.

Hollow's motion also contends that Lambert has admitted to violating the Sunshine Law by being one of "two or more people talking about public policy" outside of an open meeting.

Unfortunately, the state's "Sunshine Law" provides little in the way of penalty:

8-44-106. Enforcement — Jurisdiction. —

(a) The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this state.

(b) In each suit brought under this part, the court shall file written findings of fact and conclusions of law and final judgments, which shall also be recorded in the minutes of the body involved.

(c) The court shall permanently enjoin any person adjudged by it in violation of this part from further violation of this part. Each separate occurrence of such meetings not held in accordance with this part constitutes a separate violation.

(d) The final judgment or decree in each suit shall state that the court retains jurisdiction over the parties and subject matter for a period of one (1) year from date of entry, and the court shall order the defendants to report in writing semiannually to the court of their compliance with this part.

So the only defined penalty seems to be a permanent injunction. Which is all the KNS is seeking against County Commission as a whole (other than a meaningless "do over"). The whole thing is boiling down to a tempest in a teapot. Business as usual will go on as usual.

(I guess the "impose penalties" could provide somewhat broader latitude. But what penalties? A $50 contempt of court fine? Lumpy has already established that $50 is the cost of doing business in Knox County in re. fines for stormwater violations.)

The best part of today's action, though, was Scooby saying [3]:

"I am a lay person," he said. "I am a part-time county commissioner. I’m not going to sit here and speculate what the law is. ... I’m not going to try and speculate on what (the rules) say."

Yet this is the same Scooby who said that the law and the rules prevented Commission from having any kind of public participation regarding appointments. Just like a Republican to want to have it both ways. But shouldn't a county commissioner be at least somewhat familiar with the law?


Source URL:
http://www.knoxviews.com/node/5919