Submitted by David Hunter on Sun, 2008/10/19 - 2:02pm

It took a tremendous amount of work to gather enough signatures to place four charter amendments on the Knox County ballot. The signature gatherers were diligent and we’ve all seen them working parking lots over the weekends.

Knox Countians are, by and large, polite people -- which leaves me wondering how many people signed the white and orange petitions just to be accommodating. Actually reading through the petitions required more time than most are willing to spend while running errands

The News Sentinel, where my for-pay column has appeared on the editorial page for nearly 20 years, supports the amendments. In fact, Jack McElroy, the editor made a compelling argument in his weekly column on Sunday, Oct. 19. (Read his column.)

My main problem with the four charter amendments is that they cover more than four changes and in order to be in favor of the amendments, voters have to agree to multiple changes -- at least, in amendments three and four.

For instance, in amendment three, reducing the number of commissioners from 19 to nine, I can live with; ditto for stricter nepotism control and disclosure of conflicts of interest; I dig in my heels, though, at limiting the constitutional rights of county employees to run for office.

The conflict of interest and nepotism provisions in that same amendment would already prevent such a commissioner from voting on matters directly affecting him or her. Taking away a county employee’s right to run for office amounts to overkill.

As for amendment four -- which raised cries of bias on the law director’s definition -- it does take away the right of the people to choose and elect the county trustee, county clerk, and register of deeds. I am still waiting for evidence that an appointed superintendent of schools from outside the region is any better than an elected one.

Amendment four would ensure that every appointed office remains in the hands -- and political party -- of the elected county mayor. It also assumes that the members of the commission would be more honest and impartial than the mayor and never again line up as factions. It’s not an assumption I would support.

Under amendment four, county commission would be able to remove any of the mayor’s appointees with a two-thirds majority for fraud or malfeasance.

Given the difficulty some county commissioners have had understanding that their business has to be conducted publicly under the Sunshine law, I can only imagine the nightmare of having them decide on the definition of malfeasance and fraud -- while dealing with a law director who can be fired by the mayor or removed by the commission.

There wouldn’t be much independent advice from the law director’s office.

And changing the name of the auditor to inspector general is cosmetic as long as the person doing the digging is appointed. Now, an elected inspector general, I could support -- but not if it’s bundled up with other measures like earmarked pork barrel spending in Congress.

I’ve already voted “no” on all the charter amendments on the grounds that the process is flawed. If I’m given a chance to pick individual changes without agreeing to others I don’t like, I’d be delighted.

25
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Nobody's picture

Your comment below is wrong

Your comment below is wrong according to the charter amendment.

"I dig in my heels, though, at limiting the constitutional rights of county employees to run for office."

You can run for office all you want, only after you are elected do you need to not work for the county.

Nobody's picture

David I agree with most of

David I agree with most of your points but we need to be worried that this is just a back door attempt by the same power brokers that tried to bring us metro gov. in 1994. I would suggest that you and your readers go to "Save Knox .org" and join us in trying to defeat this take over of our gov. Bruce

Hammersmith's picture

The way in which the...

current law director handled/edited putting the charter amendments on the ballot should be enough to cause one to question what we have gotten for our "elected" official being elected. He won't be missed on the next ballot. The law director should not be a politician, or at least not act like one.

Tamara Shepherd's picture

Are folks decided, or tired of it all?

David's comments here don't seem to be generating much discussion, and even the two editorials linked to the N-S home page, though "hot," aren't generating the level of discussion they might have a few weeks or months ago.

I find this a bit confusing. I might have concluded that people have now decided how they'll vote (or that they've already voted), but several posters at the N-S say that they are *not* yet decided.

I sure hope they aren't just wrung out. Even if amendments 3 and/or 4 should fail, I want to think that people are now cognizant enough of problems in our local government to continue working to correct them. Personally, I wouldn't even mind if this effort stretched on into 2010.

But what to make of the (relative) silence on these three threads?

scottfrith's picture

Many folks have already made

Many folks have already made up their minds... In my case, I've already voted.

slaapkamer's picture

And so have others.

And so have others.

Anonymously Nine's picture

Theater of the absurd...

But what to make of the (relative) silence on these three threads?

It doesn't look good for the power elite.

An "awareness" stunt scheduled for this Thursday in Market Square. When you cannot win the debate, you have to do desperate things.

Does this sound desperate to you? The only question is whether Cecil B. de Lumpy Lambert will be the Director.

http://www.funhouserock.com/funhouse/blab/showpost.php?p=276779&postcount=1

From the inbox:
_________________________________

Friends of the Charter Amendments,
Your help is needed this Thursday, Oct. 23. The educational campaign for the charter amendments is well under way. Most of our campaign thus far has taken on traditional forms like newspaper, billboard, fliers, etc... Now, we will begin the non-traditional forms of disseminating the message to Vote Yes. This is where you can help.

On Thursday, Oct. 23 at 12:15 PM in Market Square we will do a public stunt called a Freeze Mob, and it is going to be fun. This has never been done before in Knoxville. Below is a link to a youtube video demonstrating what this is. Essentially, I need as many volunteers as possible to fill market square at lunch time. We will all appear to be walking and going about our days when at the same moment, we will freeze. This will last for 5 minutes. If you watch the video below, you will be able to tell that people notice this. All of the sudden, those dining in Market Square call back to their friends who decided to stay back at work. People come out of the restaurants to see what all the hubub is about. During the last 30 seconds, someone will yell out our message and then everyone will depart. The primary purpose for this event is to film it and youtube it. Then the viral process begins. We will send the video out to everyone we know. It will be on facebook, myspace, youtube, google, knoxify, news sentinel, etc... The success of this event depends entirely on whether or not enough of you can participate.

If you are able to help, I will only need you for 20 minutes on your lunch break. 15 minutes early to setup and 5 minutes for the actual freeze. We will meet at 12:00 PM at the Federal Courtyard two blocks South of Market Square.

FREEZE MOB EXAMPLE
http://www.youtube.com/watch?v=jwMj3PJDxuo

If you are available to help, just email stating you will be there. THANKS!

-------------------------------------------

They want to know what you think? Please respond to: knoxcharterpetition@gmail.com. Let them know what you think.

I agree this is best handled in 2010 in a more inclusive manner. We all agree I think it is better if the Amendments are put up separately. This was a poor process. So on one point, Tamara and I agree. Let's do it again and do it the right way, in 2010.

Tamara Shepherd's picture

Spotlight on: Nine

I said I wouldn't mind if it "stretched on" through 2010, Nine. I think you're discounting just how long any continuation and/or repeat of this process would take. After all, KCOQ/KCP/Knox Accountablity have worked for 18 months already.

Nor am I sure we "agree" on much. You don't seem to have a problem electing county employees who would either cast votes relating to the departments employing them, or else (under other proposed charter changes), be unable to cast these votes, leaving their districts effectively unrepresented. You don't seem to have a problem with a complete lack of oversight in the fee offices, either.

Exactly how would you address these holes in our current practices? You've yelled loud and long that you don't like KCP's fixes, but you've never once offered your own counter-recommendations.

What are they? Or would you ignore the holes?

Anonymously Nine's picture

Care to comment Tamara? Looking forward to the spin of denial...

Breaking News...

Former "Knox Charter Petition" Steering Committee member Lisa Starbuck had an important press conference this morning. The News Sentinel chose not to attend.

Watch WATE and WBIR television news tonight for details.

http://www.wate.com/global/story.asp?s=9212790

KNOXVILLE (WATE) -- Two weeks before election day, one of the people who helped get four questions about amending the Knox County Charter on the ballot has switched her support to an opposition group.

At a Tuesday morning press conference, Lisa Starbuck, who was originally part of the Knox Charter Petition Group, announced her switch.

She now backs a group called "Citizens Committed to Save Our Right to Vote."

Starbuck says she thinks the proposed amendments would be bad for Knox County.

Okay Tamara, we're waiting...smoke em if you got em.

Tamara Shepherd's picture

Infantile

You are so infantile, Nine.

I'm a friend of Lisa's (and former KCP-er Brian Paone and Rikki Hall and Elaine Davis and Sharon Cawood), and that won't change through this difference of opinion on the proposed charter amendments.

Conversely, my admiration for KCP's Laurens Tullock, who is also a board member for Project Grad-Knoxville and Project Grad-USA, hasn't changed since I researched Project Grad's track record nationally and concluded the program isn't working.

We are all reasonable people, and also people likely to remain inquisitive and involved in local issues. I'll look forward to working with Lisa or any of the above the next go-around.

Meanwhile, I'm sure my reasons for supporting KCP's efforts are well known--and already taking up bandwidth on blogs all over town.

Anonymously Nine's picture

Um...

I'm a friend of Lisa's (and former KCP-er Brian Paone and Rikki Hall and Elaine Davis and Sharon Cawood), and that won't change through this difference of opinion on the proposed charter amendments.

If you say so.

Here is what your friend rikki had to say about the Charter Amendments 3 and 4.

http://www.metropulse.com/news/2008/oct/15/hold-sausage/

There are five referenda on the ballot. Three are fairly minor, but two are poison. Questions three and four are the bad ones, and if you don’t think you can keep it straight, just vote no across the board.

Poison. Friend rikki says they are poison.

Friend Elaine Davis went into great detail why your Amendments are beyond bad. She correctly is concerned about the lawsuits that will certainly come from this folly if the people are fooled.

Part I

http://www.youtube.com/watch?v=Lp1Mwavnn3I

Part II

http://www.youtube.com/watch?v=kTHfba-drmA

Part III

http://www.youtube.com/watch?v=20vHVd0ktDE

Friend Sharon was seen here,

http://www.knoxnews.com/news/2008/oct/13/opposition-group-forms-battle-k...

Friend Sharon says vote AGAINST Charter Amendments 3 and 4.

Are your friends trying to tell you something?

Tamara Shepherd's picture

Shoo, you

Here is what your friend rikki had to say...

I said *I* am a friend of *his.*

You'll have to ask him if *he* is a friend to *me.* :-)

One reason I'm glad to be a friend of his, though, is that I get a sense that he trusts my sincerity of purpose. Same goes for the rest of these I mention. I think they'd all tell you we are friends.

Go pick a fight somewhere else, Nine.

Anonymously Nine's picture

Ragsdale has "sincerity of purpose".

is that I get a sense that he trusts my sincerity of purpose.

Tamara, Willie Sutton had "sincerity of purpose" too.

I don't trust you. I don't trust you little elitist group. Neither do the people of Knox County.

Pete Drew got turned away not once but twice by Hallerin Hill at WNOX when he wanted to speak about the Charter Amendments. First last night and then this morning. WNOX and the Sentinel are censoring this story.

Your group is playing a game that will only embarrass you. People hate to be lied to. They hate to be conned.

Keep spinning.

Tamara Shepherd's picture

Link...

Anonymously Nine's picture

Shoo?

Shoo, you

That is what elitist say to the little people. I understand.

Tamara Shepherd's picture

Good-bye, Nine

I said "shoo" to you in reference to your attempts to pit friends one against the other, as opposed to keeping the debate centered on practical arguments.

I expect readers understood that.

Good-bye, Nine.

Anonymously Nine's picture

Fine...

I said "shoo" to you in reference to your attempts to pit friends one against the other, as opposed to keeping the debate centered on practical arguments.

Fine, here is a question on the "practical arguments".

Do people lose their right to vote?

Happy now? I am into minimalism these days.

BTW, your friend rikki just destroyed your position. I appreciate that he can do that and still be your friend.

Tamara Shepherd's picture

Just a minute

Do people lose their right to vote?

I prefer to talk with Rikki first, Nine, and he didn't cite this concern per se.

I didn't expect that he would, as we sat side by side in the Main Assembly room a few years back, waiting our turns to speak *against* reverting to an elected superintendent of schools.

Then and now, Rikki is able to view a problem systemically. That's something else I like about his style of debate, along with his tone.

Fumbling for my Tennessee Blue Book now, Rikki...

Anonymously Nine's picture

Be bored, be very bored...

Fumbling for my Tennessee Blue Book now, Rikki...

And so it begins.

Rachel's picture

Nine, you really are a jerk.

Nine, you really are a jerk.

Do you only allow yourself to be friends with people who agree with you on every single issue? You must be a very lonely person.

Oh, wait....

Tamara Shepherd's picture

Memory aid

Do people lose their right to vote?

Yes, Nine, people would lose their right to vote for the fee offices.

Maybe tatoo it onto your arm, so you can remember.

Anonymously Nine's picture

But wait, there's more...

Yes, Nine, people would lose their right to vote for the fee offices.

Left on a few didn't you?

The Law Director?

Half their County Commissioners?

No one uses more words to say less than you do.

Tamara Shepherd's picture

More...

Me: Yes, Nine, people would lose their right to vote for the fee offices.

Nine: Left on a few didn't you? The Law Director? Half their County Commissioners?
No one uses more words to say less than you do.

I neglected to point out that the city appoints its law director, didn't I?

I think I covered thoroughly enough the subject of downsizing commission.

All of us recognize the danger of reducing complex ideas to bumper sticker catchphrases, though. You cite the petition signature gatherers' attempts in parking lots. I cite your posts here and elsewhere.

Detail and nuance count.

Tamara Shepherd's picture

Is elected law director presently exempt from term limits?

In a matter tangential to possibly changing the way the law director's office is treated in our charter, I've been wondering if some charter "clean up" isn't needed WRT that office, anyway.

An August 2004 charter amendment lifted term limits from that office...I think. The ballot text read this way:

The Knox County Law Director shall be subject to the term limits provisions of this Charter to the same extent as any Constitutional officer of Knox County Government, as that term is defined by Article VII, Section 1 of the Tennessee Constitution.

More than 70% of voters agreed.

Mike Moyers, who penned the ballot text, did so with the thought that a standing AG opinion was the last word. That AG opinion maintained that term limits could not be applied to Constitutional offices. Moyers' question to voters of whether they'd like to treat the law director as a Constitutional officer, then, presumably was a question asking if we cared to exempt the law director from term limits, too.

At the time, Moyers claimed that voters were perfectly aware of the AG opinion exempting Constitutional officers from term limits, and he also claimed that voters knew the law director was not a Constitutional officer.

Also at the time, I charged that the ballot text was "doublespeak." I felt that a majority of voters did NOT realize that the extent to which Knox County's Constitutional officers were subject to term limits was that they weren't subject to them at all (per that AG opinion, at least). I also felt that a majority of voters did NOT realize that the law director was not a Constitutional officer, else we wouldn't have cared to treat him as such.

More to the point, I cited the 1994 vote establishing term limits for the county's Constitutional officers, which you'll recall was approved by more than 70% of voters, and I asked why we'd later reverse that vote BY THE SAME MARGIN--unless we were duped.

Fast forward to 2006, when the State Supreme Court dismissed the assertion of Jordan et al that technical errors in filing our charter trumped the intent of voters in enacting term limits. The Court upheld voters' intent in this, a home rule county.

Two questions therefore arise now: First, was voters' intent back in 2004 as Moyers described, or as I described? Was it or was it not the *intention* of voters to lift term limits from the law director's office? Second, even if it was the intention of voters' to lift term limits from that office, did the Jordan decision void that 2004 vote, since its ballot text relied on this presumption we now know was mistaken, namely that Constitutional officers were ever, since 1994, exempt from term limits?

Is our elected law director presently exempt from term limits?

(It's dense, I know. Read it through a couple of times.)

rikki's picture

Exactly how would you

Exactly how would you address these holes in our current practices?

I'm not sure the Digit does solutions; he just likes to get in the way. I'm happy to answer a friend's question, however.

I think an independent Inspector General is a great idea, and even better as Ragsdale defined the position. If there had been a petition with just that one change, I would have been a strong proponent. That one change effectively addresses oversight of the fee offices and serves as a deterrent to conflicts, nepotism and other forms of corruption.

As far as Commission goes, it should be expanded. If we need at-large commissioners, they should be added to the total. I would favor splitting each district into halves or otherwise redistricting the county. If 19 is a good size, the county should be carved into 19 districts. I like 23 or 29, but that's just because I have a thing for primes.

Simply changing to 19 districts would bring citizens closer to government and make campaigns more affordable and probably enhance participation and trust among citizens.

I recognize teachers, fire fighters, deputies and anyone else elected by their community as the rightful representative of that community, and I am far more concerned about the inherent conflicts between standard commission business (zoning variances) and those who work in real estate, construction and insurance than I am about what might happen to the school system budget if a couple teachers joined the 19- or 29- or however-many-member commission.

I am not worried about a civil-rights lawsuit since all citizens are equally disempowered by the shitty idea of shrinking Commission, but I would sure like to see a class-action suit on behalf of county employees if they are forced to relinquish employment to serve. That's not reform; it's disease.

Tamara Shepherd's picture

About appointing the fee offices

(Establishing an office of Inspector General) effectively addresses oversight of the fee offices and serves as a deterrent to conflicts, nepotism and other forms of corruption.

I agree in part--I just wouldn't say that adding the independent IG "effectively" addresses oversight of the fee offices. After all, the IG's attention to fee offices would be sporadic. I tend to think that the offices should be overseen day-to-day.

Other of my beefs are that 1) I think these employees should be bound by the same policies and rules applicable to other county employees, and 2) I suspect salaries for the chief and deputy administrators--and possibly salaries for other positions--are inflated relative to the complexity of their duties. I think making changes to treat fee office employees (of any rank) just like other county employees will be key in bringing down "fiefdoms," and I can't imagine how just adding an IG could bring those changes about.

A lesser concern I have, but still a valid one, is ensuring that voters know more about both the duties of the offices they elect and the candidates wanting to fill them. As has been observed before, if our governmental structure established as elected offices just those that make policy, voters could exercise their greater understanding of officeholders' duties to choose from among the fewer candidates they'd likely know better.

(I'll respond to these items one-at-a-time. Sit tight--that Blue Book's in my lap for a reason.)

Tamara Shepherd's picture

About setting the size of commission

As far as Commission goes, it should be expanded. If we need at-large commissioners, they should be added to the total. I would favor splitting each district into halves or otherwise redistricting the county. If 19 is a good size, the county should be carved into 19 districts. I like 23 or 29, but that's just because I have a thing for primes.

Simply changing to 19 districts would bring citizens closer to government and make campaigns more affordable and probably enhance participation and trust among citizens.

I agree that creating 19 districts would bring citizens "closer to government," since they'd be more likely to know candidates running for commission from their districts, or else could get to know them more quickly. Keeping the number of districts at nine and electing fewer commissioners also affords voters an opp to know their reps better, if only after they're elected--but back to that in a minute.

I'm not sure I agree that campaigns would be "more affordable" if we had more districts/commissioners, though (at least in terms of candidates' need to self-finance). Nine districts and fewer commission seats to be filled also means more voters to a district who might potentially become contributors. Also, I would expect to see better qualified candidates emerge from a larger district than from a smaller neighborhood, and that's certainly desirable.

It seems we don't disagree, at least, that at-large candidates might add some less territorial folk to the dais and that their existence in the legislative structure might negate concerns that minority representation would be reduced on a smaller commission.

If all that separates us is this notion of which is the better size of commission to bring citizens "closer to government," why not go with this thought that "less is more," cognizant that if it's not so, the 2010 census is right around the corner. Legislative redistricting could more reasonably be undertaken then, anyway, and our charter form of government allows us to change and adapt.

(Now where's that Blue Book...)

Nobody's picture

See, I told you so...

I agree that creating 19 districts would bring citizens "closer to government," since they'd be more likely to know candidates running for commission from their districts, or else could get to know them more quickly. Keeping the number of districts at nine and electing fewer commissioners also affords voters an opp to know their reps better, if only after they're elected--but back to that in a minute.

That is a logical train wreck. An Olympic Non-Sequitur.

I rest my case. Based on that mishmash I wonder who wrote the Charter Amendments.

Put the Bluebook down. For all our safety. For the children.

Tamara Shepherd's picture

Clarification on setting the size of commission

Nine, I was honest, not illogical, in conceding this point:

Keeping the number of districts at nine and electing fewer commissioners also affords voters an opp to know their reps better, if only after they're elected...

It *is* true that we'd more likely know a commission candidate on-the-front-end if s/he were running from a smaller commission district. The candidate might live on our block.

What I was trying to point out, though, is that the flip side of having larger districts is this:

I would expect to see better qualified candidates emerge from a larger district than from a smaller neighborhood, and that's certainly desirable.

I was trying to indicate to Rikki that it's more important to me that the structure of the legislative body (and of its districts) works to produce well-qualified candidates than that it works to produce candidates I know personally (because they live on my block), and I reminded that having fewer commissioners allows voters to know their representatives better after they take office.

Clearer?

Tamara Shepherd's picture

About barring county employees from elected office

I recognize teachers, fire fighters, deputies and anyone else elected by their community as the rightful representative of that community, and I am far more concerned about the inherent conflicts between standard commission business (zoning variances) and those who work in real estate, construction and insurance than I am about what might happen to the school system budget if a couple teachers joined the 19- or 29- or however-many-member commission...I would sure like to see a class-action suit on behalf of county employees if they are forced to relinquish employment to serve. That's not reform; it's disease.

NOW to turn to that Blue Book...

The standard for barring a governmental entity's employees from representing that entity in elected office is widespread. I wonder, in fact, how the anomoly of letting them serve ever arose in our existing county practices.

At the federal level, it's the U. S. Constitution's Article I, Section 6, Item (2) that disallows federal employees from serving in either house.

At the state level, it's the Tennessee Constitution's Article II, Section 10 that disallows state senators or representatives from serving in any other appointed office, and it's Article II, Section 26 that disallows any person in the state "to hold more than one lucrative office at the same time." (Disclaimer: I don't understand how an existing statute expressly *permitting* county employees to serve locally, and expressly *prohibiting* their being barred from service has sometimes stood in counties lacking home rule, since it appears unconstitutional. When I inquired of the state AG's office, I was told that case law is mixed and that no state supreme court ruling yet exists. Knox, of course, *has* home rule...and the Jordan decision.)

At the local level, as you know, city employees can't serve on City Council and school system employees can't serve on the school board. On this last point, the separate Knoxville City School Board enforced the same rule, prior to consolidation of school systems in 1987.

I guess we're miles apart here, then. For the reasons cited above, I'm strongly convinced that we need to establish this same divide between government employees and the parties setting their budgets/policies/ etc.

As to legislators potentially voting their vested development interests, though, we agree and I think that the conflict of interest amendment should give what is esentially our existing ethics policy the force of local law.

(Sorry to creep along like I have. My daughter has been sticking college admissions apps in my face.)

sugarfatpie's picture

Right on!

-Sugarfatpie (AKA Alex Pulsipher)

"X-Rays are a hoax."-Lord Kelvin

Anonymously Nine's picture

Vote AGAINST Charter Amendments 3 and 4

The Knox Charter Petition debate in three parts:

Part I

http://www.youtube.com/watch?v=Lp1Mwavnn3I

Part II

http://www.youtube.com/watch?v=kTHfba-drmA

Part III

http://www.youtube.com/watch?v=20vHVd0ktDE

Vote AGAINST Charter Amendments 3 and 4.

See http://www.saveknox.org

Bbeanster's picture

I will vote for the charter

I will vote for the charter amendments.

There is no reason to elect people to head these fee offices, and they are absolutely chock full of waste and abuse, and maybe even downright fraud, to finish up the trinity of the old GOP mantra. Funny how Republicans are against waste, fraud and abuse in the abstract--

The delinquent tax attorney is Exhibit A. He (it's always a he) contracts with the county to collect these taxes and is paid handsomely to do a job that a past law director told me could be done with one-half an extra attorney. The city collects its taxes without the services of a DTA. Why can't the county?

The answer, of course, is because it has always been done that way, and there is a certain level of corruption and cronyism that has always been deemed an acceptable part of the spoils system. The DTA typically hosts fund raisers for the incumbent trustee and campaigns for him, as well. In return, the current DTA, a holdover from the Mike Lowe administration, got something north of $350K a year, county health insurance and a job for his brother.

And the DTA is just the one who stuck in my craw the most -- there are plenty more examples. Like the round robin hiring of officeholders' offspring and the handing out of county vehicles like bus tokens.

And if these office holders are reduced to being department heads serving at the pleasure of the mayor, maybe we should be more careful who we elect as mayor. Consider the sad fact that Ragsdale ran unopposed. Why was that? I don't think it's going to happen again in the age of YouTube.

Finally, I don't think we need 19 commissioners, and I've long been an advocate of making them run countywide, so they'd be accountable to all the citizens -- like City Council members are. Having a couple of at-large seats suits seems like a good idea to me.

I do think there was some street-level chicanery and misrepresentation involved in the signature-gathering, which is why I considered voting against the amendments. But I feel pretty queasy about the anti-amendment crowd, too. It's a real self-interested bunch.

Anonymously Nine's picture

You cannot control a King Mayor...

And if these office holders are reduced to being department heads serving at the pleasure of the mayor, maybe we should be more careful who we elect as mayor. Consider the sad fact that Ragsdale ran unopposed. Why was that? I don't think it's going to happen again in the age of YouTube.

These fee offices are State Constitutional offices. The Jordan ruling in the State Supreme Court went further than the bounds of the case. Jordan stated that in some cases the Knox County Charter could trump the State Constitution. Think about that for a moment. Does that sound like it will stand? There will be lawsuits that you have to pay for. Too many lawsuits. Term Limits took many lawsuits and twelve years to roll through the courts. You paid for those legal bills.

You can rest assured Jordan will be undone either through a court challenge or a bill in the General Assembly. The Jordan ruling allows a Charter Amendment to elect the County School Superintendent and the County Director of Elections. The politicians in Nashville will never allow that to happen. The politicians in Knox County will never allow that to happen. Jordan is a time bomb of intended and unintended consequences. It makes no sense. Charter Amendment 4 is based on the Jordan ruling. So if you like paying for lawsuits, vote for Amendment 4. It’s your money.

Tricking people into surrendering their right to vote is a serious issue. The Knox Charter Petition group asked people if they wanted to stop nepotism, they did not tell the people they would lose their right to vote. Isn’t that fraud? Why would you reward that?

The opposition group hasn't tricked anyone. All they have done is tell people they will lose their right to vote. Why would you denigrate the entire group because Hutchison joined them at a press conference? Over $105,000 of the $147,000 for Knox Charter Petition came from Pete Clauseen, Rodney Lawler, and Sherri Lee. Three people. All Hutchison did was stand at a press conference. This should be about issues and not about people. But if you want to make it about people then look at both sides.

The main reason to vote against Charter Amendment 4 is that is will not only create a King Mayor but it will create the very CRONYISM that people say they want to end. This very poorly worded Amendment allows the King Mayor to fire the County Law Director, the Trustee, the Register of Deeds, and the County Clerk WITHOUT CAUSE.

Is that the kind of government you want? Where the King Mayor runs these offices? After six years of Mike Ragsdale I do not understand why anyone would vote for Charter Amendment 4.

Bbeanster's picture

Mike asked: Why would you

Mike asked:
Why would you denigrate the entire group because Hutchison joined them at a press conference? Over $105,000 of the $147,000 for Knox Charter Petition came from Pete Clauseen, Rodney Lawler, and Sherri Lee. Three people. All Hutchison did was stand at a press conference. This should be about issues and not about people. sides.

Who said it is all about Hutchison? Nobody but you, far as I can tell. You ignore my point -- longstanding courthouse corruption and self interest -- and resurrect a straw man. Pretty weak, Mike.

Anonymously Nine's picture

Well,

Who said it is all about Hutchison?

I thought you hated Hutch more than Harb?

You ignore my point -- longstanding courthouse corruption and self interest -- and resurrect a straw man

Ignore it? It is ludicrous.

Charter Amendment 4 is courthouse corruption on a plate. I never thought you would drink the Big Jim/Jack Mac kool-aid. The system we have is not perfect, but it is better than this alternative. Anything is better than a CEO top down driven Haslam model.

Why not just coronate Big Jim and save some time?

Amendments 3 and 4 are corruption on a scale we have never seen. rikki is right to use words like poison and disease. Again, if you need a systematic line by line explanation of why this is evil read rikki's column in the Metro Pulse. I can't do better. I'll stick to reminding people that they were tricked.

Bbeanster's picture

You are the one making this

You are the one making this about personalities, Nine.

Saying I "hate" Hutchison is ridiculous. I have a long history of defending him, and did so right up until January 31, 2007 when the scales fell from my eyes and I saw his tactics right out there in public. I have defended you many times, too, btw. I can disagree with positions on issues without demonizing those with whom I disagree. If I'm really pissed, I'll say so. I don't have to make up imaginary online friends to do it for me.

Re Hutchison, it's his tactics (and sometimes his goals and objectives) I oppose, but that doesn't mean I "hate" Tim Hutchison. There are many good things about him. He was a good sheriff,when he stuck to his job.

There are good people on both sides of this issue, and maybe some not-so-good people on both sides, too. I thought a long time before I decided which way I was going to vote. I'm not altogether happy with either side, but overall, my belief that the fee offices desperately need to be reformed overrides the misgivings I have.

Anonymously Nine's picture

Point taken...

I'm not altogether happy with either side, but overall, my belief that the fee offices desperately need to be reformed overrides the misgivings I have.

I am not defending the fee offices. That is not the point. Yes, they need reform. But not like this.

This is about power. It is too much power for one person.

The fee offices can be fixed without creating an Oligarchy.

There is one clause that should wake up everyone, The Mayor can fire the fee office people WITHOUT cause. That one clause should be enough for a NO vote.

Tamara Shepherd's picture

Why wouldn't it stand?

Jordan stated that in some cases the Knox County Charter could trump the State Constitution. Think about that for a moment. Does that sound like it will stand?

Who's to strike it down, Nine?

The U.S. Supreme Court won't be interpreting the Tennessee Constitution, so the highest court in this question has already spoken.

The Tennessee Supreme Court could reverse themselves, of course, but apropos of what?

The only bill that could arise in the General Assembly to trump a state supreme court ruling would be a Constitutional amendment. Those don't crop up too often.

And why would 94 other counties--93 of them lacking home rule--choose to enter this fray, anyway?

Anonymously Nine's picture

Read...

The Tennessee Supreme Court could reverse themselves, of course, but apropos of what?

You can read, right?

The Jordan ruling allows a Charter Amendment to elect the County School Superintendent and the County Director of Elections.

If you don't think there will be a Charter Amendment for an elected Knox County School Board Superintendent you are not paying attention. Many people want that. Jordan has allowed great mischief. The question is whether that was the intention.

Jordan is bad law.

Throw in a Charter Amendment for an elected Director of Elections and you have the trifecta. That is the Kryptonite to the Jordan ruling.

We all have to pay for these lawsuits. Maybe that is also part of the grand design?

R. Neal's picture

Point of

Point of clarification:

Shelby Co. has home rule, and it was a ruling upholding term limits there that started the whole thing.

Carry on...

Anonymously Nine's picture

Correct...

Shelby Co. has home rule, and it was a ruling upholding term limits there that started the whole thing.

Yes, that was the beginning. Jordan came from five Knox County Commissioners who sued to invalidate the Knox County Charter. They said they wanted "clarification". Be careful what you ask of the Supreme Court.

rikki's picture

The opposition group hasn't

The opposition group hasn't tricked anyone.

Actually, you have, in this very post no less. Your claim that the Tennessee Supreme Court rulings on home rule are likely to be challenged and overturned is nonsense. It is clear from both the statutes creating home-rule county governments and from Supreme Court interpretations of those statutes that Knox County is entirely within its authority to make the changes described in the petitions.

You were also actively trying to disenfranchise citizens who signed the petitions using a cheap technicality.

You are an unprincipled opportunist who has never hesitated to use deception, lies, sloppy math, distraction, personal attacks or any other form of trickery to advance your goals. You are a typical reactionary who thinks the righteousness of your cause automatically imbues any action taken toward that end with righteousness.

Anonymously Nine's picture

Clear? As mud...

It is clear from both the statutes creating home-rule county governments and from Supreme Court interpretations of those statutes that Knox County is entirely within its authority to make the changes described in the petitions.

Are you saying Jordan is good law? Jordan went much further than it should have. It was typical greasy Nashville politics. You seem so sure that Jordan will not be tested. You don't think there will be a Charter Petition for an elected School Board Superintendent or you just don't want people to know about the idea?

We need to get Nashville's foot off our neck. Ironically that is what home rule was meant to do. It wasn't meant to be a road to Metro with Big Jim running the County. We don't need to become Pottersville.

You were also actively trying to disenfranchise citizens who signed the petitions using a cheap technicality.

Bull. I haven't tried to disenfranchise anyone. Mackay was wrong to count Charter Petitions from those people who registered to vote at the same time they signed the Petitions. That is not a technicality rikki, it is the law. Mackay had to go to Nashville to get permission to ignore that law.

You defend Mackay for some reason, I get that. I think he should be removed. We disagree. I didn't break the law and I sure as hell didn't disenfranchise any voters. I wish a lawsuit had been filed to invalidate those petitions. And don't forget that is still possible after the election. And yes, there will be a lawsuit if by some miracle Amendments 3 and 4 pass. Do you think people will sit back and let these people take over the government?

Open your eyes. Each time the Haslamville power elite goes to Nashville to get permission to subvert the law. You seem to have a poor memory. The time line went like this:

Permission from Nashville to let the Term Limited County Commissioners to run in 2004.

Permission from Nashville to keep them on the ballot after a legal challenge.

Permission from Nashville to give the Term Limited Commissioners an advantage over their opponents.

Then of course Jordan. One of the worst rulings ever. Vague and open to interpretation Jordan will be a well of lawsuits we pay for.

Is the current time frame Nashville gives Mackay permission to count petitions of unregistered voters. Both petitions pass with a few dozen petitions to spare. Hanging and dimpled chads everywhere.

Between the Supreme Court and the State Director of Elections there isn't any actual law. The power elite from Mt. Lonas ask for and get interpretations to let them try to take the government.

Ironically, we both agree about Charter Amendments 3 and 4. You just want to keep it to the technical aspects and downplay that these people tried to con people into giving away their right to vote. That's fine. You did a magnificent job on the technical aspects. You have to give the Metro Pulse credit for the coverage that the News Sentinel ignored.

rikki's picture

unprincipled opportunist

Thanks for proving my point. You are raising the specter of two new elected positions in the context of arguing against these petitions. It's an irrelevancy. The outcome of these votes changes not a damn thing about the Jordan ruling nor either office you mention. Tossing these notions into this discussion is pure trickery serving no honest purpose. You think it serves your desired ends, however, so it's good enough for you.

Anonymously Nine's picture

Your opinion rikki...

You are raising the specter of two new elected positions in the context of arguing against these petitions. It's an irrelevancy.

Yes, the specter of unintended consequences is upon is. Many people want an elected Knox County School Superintendent. Jordan gives them a way to do it.

After what Mackay has done I would like that post elected. You can call it irrelevant. Your are entitled to your opinion.

Jordan was a travesty of law. It opened a Pandora's box of legal mischief.

Rachel's picture

What Bean said.

What Bean said.

bill young's picture

How I voted

I agree with Betty on Question 4 & voted yes..matter of fact I thought the property assesor should have been included in Question 4.If 4 passes maybe the property assesor will be appointed @ a future date.

I voted no on Question 3.

1.I think it will cost $150-200k to win an at large county commission seat if both the primary & general are contested.Thats just way too much money to spend on a county commission seat.

2.Can't go with giving some county commissioners,if re-elected,a 10 year term.Makes no sense that the whole deal was started with enforceing term limits & the result is longer terms.I know it's a one shot deal but still 8 years is enough..period.

3.Minority representation will be reduced.Voting rights law suit or not I cant go for that.One question..in the city other than the black district..the 6th city council district now..has a black candidate ever been elected to council?Cant imagine a black candidate getting elected to an at large county commission seat.Let me make this clear I do not think those voting yes on 3 are racist..but the consequence of 3 passing will be reduced minority representation.

Tamara Shepherd's picture

Other scenarios

...the consequence of 3 passing will be reduced minority representation.

I've given this concern some thought too, Bill.

If only the first district were capable of electing a minority to commission, the concern would be valid. Two of nineteen represents a larger share than does one of eleven.

What of the county as a whole, though? Doesn't this prediction assume that the county as a whole isn't capable of electing a minority for one of those at-large seats?

I gotta admit, I don't see some of my neighbors in the sixth district giving such a candidate much help, either for an at-large seat or a district-level one. However, I don't think those neighbors are necessarily representative of all of Knox County, either.

I really do think that Knox Countians as a whole ARE perfectly capable of electing a minority candidate to an at-large seat--and even that some districts (other than mine) are capable of electing a minority candidate to a district-level seat.

Given how segregated our housing remains, penning so many potential minority candidates in the first district, could it be that this provision for two at-large seats might actually expand minority representation, by allowing a third candidate from the first district to serve, I mean?

Of course, a minority candidate for an at-large seat could emerge from another district, too, or a minority candidate could win a district-level seat outside the first.

All of these scenarios are statistically possible, then (with some being more probable than others). Collectively, they seem to me to disprove this concern that minority representation might be reduced.

Anonymously Nine's picture

Really?

I really do think that Knox Countians as a whole ARE perfectly capable of electing a minority candidate to an at-large seat--

It is possible. Hallerin Hill lives in the Fifth District. He could replace his boss Mike Hammond. Is that what you mean?

Or are you trying to sell us on the idea that someone from the First District could win At Large?

Tell us more about that idea.

Tamara Shepherd's picture

Just the math

Tell us more about that idea.

It's all there, Nine, so nothing to add--except maybe the math.

In the worst case, minority representation could wind up being one of eleven commissioners--if no other minorities were elected to either at-large or district-level seats.

The current level of representation: 2 / 19 = 10.5%

The potential level of (reduced) representation: 1 / 11 = 9.1% *

Minority representation could potentially shrink by 1.4%.

(* I suggest that minority representation would remain at least one of eleven because I phoned Jolie in the commission office last week to confirm that the first district had always elected a minority. She said yes, always.)

Anonymously Nine's picture

rikki, you were talking about statistics, lies, & damned lies?

It's all there, Nine, so nothing to add--except maybe the math.

In the worst case, minority representation could wind up being one of eleven commissioners--if no other minorities were elected to either at-large or district-level seats.

The current level of representation: 2 / 19 = 10.5%

The potential level of (reduced) representation: 1 / 11 = 9.1%

Minority representation could potentially shrink by 1.4%.

You really have no shame do you? Maybe all your friends will let that slide. I won't.

I heard Abe Brown use that tortured math on Hal Hill this morning. Is that the new math?

Pete Drew had some different math on Hill's show. Now you have two Commissioners. After the power grab you have one Commissioner. What is the net loss? 50%.

rikki is your friend so he will let it slide. Your friends should schedule an intervention.

Tamara Shepherd's picture

Shoo again

rikki is your friend so he will let it slide.

Oh no he wouldn't.

On this particular point, I think Rikki has already done the math, too.

Nine, EVERY district would lose 50% of district-level representatives under the proposal (and would pick up two at-large representatives).

This is a conversation about how relative share of minority representation is affected...and I give you credit for knowing that.

Once again, shoo.

Anonymously Nine's picture

Um, yeah

Nine, EVERY district would lose 50% of district-level representatives under the proposal...

REALLY?

Unbelievable. I take you did not hear Pete Drew this morning on the Hal Hill show.

I cannot believe you would pull the "relative share of minority representation" bit. Do you fool anyone with these tactics?

This is why we have all these unneeded lawsuits. It's the new math.

Anonymously Nine's picture

Little birdie...

Once again, shoo.

You do know that is the call of the North American Elitist?

Bbeanster's picture

You do know that is the


You do know that is the call of the North American Elitist

?

Now, that right there's funny. I don't care who you are ;-)

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