Mon
Jun 29 2009
09:55 am
By: Tamara Shepherd
What:
A public meeting for citizens interested in learning more about the state’s ouster law and how it may apply to Knox County Law Director Bill Lockett. Local attorney and former Knox County Law Director Richard Beeler will field questions from attendees.
Where:
Cedar Bluff Branch Library (conference room)
9045 Cross Park Drive
Knoxville, 37923
When:
Monday, June 29
5:00 pm
All Knox County Commissioners have been invited to attend and the meeting has been “sunshined” with local media.
Topics:
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Lockett open meeting today
This is a great opportunity to share what the alternatives there are to quickly remove Lockett from office. Present will be Richard Beeler, and Tim Burchett who was contacted to see from his position what might be done to accomplish this. Joe Jerrat and some commissioners are also expected to be in attendance.
The public is welcome to share their concerns and ask questions.
What did Burchett say? Did
What did Burchett say?
Did Joe Jarret speak?
Joe Jarrett speaking at (or
Joe Jarrett speaking at (or even attending) a meeting called for the purpose of ousting his boss is one of the crazier things I've heard of this week. But it's only Monday...
Jarret and Burchett
Yes, Betty, we organizers had this same thought, of course. In the end, we elected to invite Jarret to the meeting primarily as a courtesy to the commissioners we had also invited. After all, they had specifically requested that Jarret advise them at commission meetings and he has already been advising them on this subject there. Not so crazy, then?
Jaret initially indicated that he'd attend, but when I spoke with him by phone this aft, he told me he'd just been contacted by the school board to attend their 4:30 Executive Committee meeting to precede their 5:00 work session (this on the subject of the botched Kim Kallenberg case, I believe).
Whether he could have arrived late, I don't know, but commissioners present tonight didn't seem uncomfortable hearing from just Richard Beeler on this subject, so all's well.
As to Nobody's needling on the subject of Tim Burchett's absence, I wasn't necessarily expecting him. Shannon, Peter and I had met with him last week to ask whether these two heavy-handed ouster options available in statute, namely for the governor to direct an ouster or for the state AG to initiate one absent any lawsuit, had ever been employed. Burchett said no, they hadn't, but he did agree to write the governor on our behalf (and it was he who advised that this public meeting might be a logical next step for us).
Burchett has since written that letter to Bredesen and Shannon has shared it with all commissioners and local media. If she possibly neglected to copy you, I'll ask that she attend to that?
I think this is overkill.
I think this is overkill.
Lockett open meeting Monday
perhaps....but this does allow us to get together to share expertise with a past law director and commissioners to see what can be done now.
if no one does anything, we will need to endure a 14 month dealy with the recall effort, which is no small thing to accomplish.
What alternative would you suggest other than ignoring the situation and allowing Lockett to just sit it out?
What liablity do you think this exposes us to?
My read
My expectation, Betty, is that any ouster suit will likely arise only through a collaboration of commissioner and citizen plaintiffs.
I'm not sure last week's 18-1 commission vote to send that letter to the state AG will necessarily translate into a subsequent ouster suit on the part of 18 commissioner plaintiffs.
Like my efforts on behalf of the Lockett Recall Initiative, which group I continue to work with, I see tonight's meeting on the subject of ouster as yet another necessary step in facilitating yet another possible remedy to the situation.
I'll leave it to on-lookers to decide to which effort they would like to give their efforts. I only hope to facilitate this timely information sharing.
Hope any able to attend choose to do so.
selective witch hunt
What alternative would you suggest other than ignoring the situation and allowing Lockett to just sit it out?
Like with Ragsdale, Arms, and company?
It looks bad when team KCP selectively seeks revenge while ignoring other crimes. Looks like payback.
This isn't the team to do anything. All that will happen is the case against Lockett will be tainted and the recall will fail. Let the authorities do their job.
Lockett open meeting Monday
I, for one, had no active roll in the kCP nor did I attend any meeting, so I don't understand your reference.
Yes, we made mistakes with regard to some officials, but we did not know there was an alternative, especially in the Ragsdale ouster.
This is new territory and one mistake does not justify another by taking no action because one way did not work to remove a percieved corrup official.
We have no law direcotr until Lockett is removed, so this does have some urgency
I, at least, am not concerned about the criminal matter but rather seeing he is removed from ffice so another law director can replace him asap.
Not quite
This effort has nothing to do with KCP, Herb. The meeting has been arranged by just three private citizens and I am the only one of those to have worked with KCP in the past. However, I haven't contacted anyone on that roster in planning tonight's meeting, nor did I need to.
Even if some former KCP volunteers should later express an interest in joining an ouster lawsuit, though, I don't follow why you think their possibly doing so would lead a chancellor to dismiss a lawsuit of which they were a part?
As I understand the ouster process, a chancellor hearing such a lawsuit would dismiss it only if its allegations against the respondent failed to fulfill the standard of "misconduct in office" required by statute.
I'm pretty sure the chancellor wouldn't share your appetite for tangential and convoluting conspiracy theories relating to the suitability of the lawsuit's plaintiffs.
Gone now. Busy afternoon.
Ummm...no
This effort has nothing to do with KCP, Herb. The meeting has been arranged by just three private citizens and I am the only one of those to have worked with KCP in the past.
Each person on the Lockett Recall Initiative is a KCP supporter or KCP member or in your case former KCP member. Coincidence? Yeah, right.
(link...)
Also organizing the recall effort:
- Judy Barnette, a personal finance planner
- Charles Jensen, businessowner from West Knoxville
- Tamara Shepherd, a writer and schools advocate from Powell
- Shannon Szito, a North Knoxville open government advocate
- Jennifer Weaver, office manager and 7th District resident
But feel free to parse the difference between KCP supporter and KCP board member. Why be honest? You people are a lot like our politicians.
Not quite again
Nine, tonight's meeting was scheduled by three people, namely Shannon Szito, Peter Crary, and me. I am the only one of these three to have served with KCP. The other two did not, nor do I know their opinions on KCP's ballot amendments proposed last summer.
The Lockett Recall Initiative's core members are comprised of these same three of us, and four others, namely Brian Paone, Chuck Jensen, Judy Barnette, and Jennifer Weaver. In that group, two of us, Jennifer and me, served with KCP. The other five did not, nor have I polled any of these concerning their opinions on the amendments.
In both groups, then, the majority of volunteers had nothing to do with KCP. In neither group have either KCP or its amendments proposed last summer arisen as a topic of conversation in our meetings.
Meanwhile, since one of KCP's amendments did pass with just over 50% voter support, I suppose you could say that KCP is UNDER represented, relative to the general voter population, in these two groups working on these two initiatives.
But back on point--given Lockett's public admissions and a pretty damning Petition for Discipline issued by the BPR's independent three-member Disciplinary Counsel, is there some reason you think Bill Lockett should NOT be promptly removed from office by the quickest possible means?
What, exactly, are we to make of your garbled speech and wild arm flailing?
(I'll check in later tonight for your answer. Guess I'm just not that insatiably curious, really.)
No, that is not true
The Lockett Recall Initiative's core members are comprised of these same three of us, and four others, namely Brian Paone, Chuck Jensen, Judy Barnette, and Jennifer Weaver. In that group, two of us, Jennifer and me, served with KCP. The other five did not, nor have I polled any of these concerning their opinions on the amendments.
That simply isn't true.
Paone was a KCP member until he was force to quit to keep his reporter job at the Fountain City Focus. Many, many, KnoxViews and KNS posts from Brian Paone, Chuck Jensen, and Jennifer Weaver were made supporting KCP. They were rabid in their support. Jennifer Weaver represented KCP on the KNS roundtable. And was also a KCP member.
You are simply not honest. Why? Are you incapable?
Ignore the facts, kill the messenger
Nine, you smokescreen for Lockett’s defense ignores the facts. Fact: Mr. Lockett embezzled around $30k between 2005 and 2008. Fact: the first such incident occurred in 2005 which was before the medical issues with his son. Fact: Mr. Lockett was still embezzling money after becoming Law Director-elect. Fact: Mr. Lockett requested and received a loan from Mr. Graham only two months before being sworn into office but well after becoming Law Director-elect. Fact: Mr. Lockett has both a handwritten note and a self-reported disciplinary filing admitting the embezzlement. Argue with those. Your attempts to kill the supposed messenger only show distain towards Knox County residents. You seem to think that anyone who disagrees with you has some hidden agenda. Never mind that fact that Mr. Lockett was embezzling money long before KCP ever come into existence. Read the BPR report. Stick to the facts and drop the conspiracies, I promise you won’t go wrong. For the record, I had no involvement in KCP.
not so fast
Nine, you smokescreen for Lockett’s defense ignores the facts.
Lockett has no defense. None. His statement to the BOPR is all that is needed. I didn't mention Lockett in any way. Because the process is under way and no vigilantes are required.
Why do you keep associating with these people?
Not hiding
We are not hiding the fact I was a proud member of KCP. But this has nothing to do with that. This has to do with Bill Lockett, and the fact he is not fit to be law director by his own admissions.
Ummm...no
We are not hiding the fact I was a proud member of KCP.
Actually, your pal Tamara Shepard is doing exactly that.
You have stood up time and time again as a proud member of KCP. It was not a slight to you. You have always been straight forward. I may not agree, but you have always maintained who you are and what you believe.
Same question as Peter, why are you associating with these people? Pick another leader. Have that leader talk to Joe Jarret. He made it clear that this kind of interference could help Lockett.
Thanks
Thanks Mike!
I attended last night as an interested citizen, exploring all options to remove Bill Lockett the swiftest way possible. This was not an LRI initiative. LRI will begin in September, if needed. Hopefully, the BoPR will step up, quick, and take care of all of this for us.
You are welcome to assist us in September!
why didn't you include all names of the group?
why have you included only those names? How about Peter Crary?
Wrong again.
"Each person on the Lockett Recall Initiative is a KCP supporter or KCP member" - you just made that up.
I can only speak for one person on the LRI. Judy B does not even know the other people outside their willingness to work for voter recall - if it comes to that. She was not a member of KCP but did study the KCOQ material and basically agreed with the amendments that KCP proposed. She is just a senior citizen who tries to stay informed and is fed up with Knox County Government.
Good grief...
I can only speak for one person on the LRI. Judy B does not even know the other people outside their willingness to work for voter recall - if it comes to that. She was not a member of KCP but did study the KCOQ material and basically agreed with the amendments that KCP proposed. She is just a senior citizen who tries to stay informed and is fed up with Knox County Government.
What does "supporter" mean? I wrote, "Each person on the Lockett Recall Initiative is a KCP supporter or KCP member".
I know what the word supporter means.
Is that all you people have? Parse ever word into mush?
If you are trying to make things better, you're doing it wrong.
More lies. I voted for both
More lies. I voted for both the Charter Amendments. Like an idiot. Now I have been forced into a new voting district.
Thanks loads liars.
Trust no one. They all lie. But KCP is the worst.
whatever
This effort has nothing to do with KCP, Herb.
You have no credibility. It is payback because Lockett told people what KCP was about. Good luck getting anything done. All that will happen is Lockett will be able to sit out his term because you showboats have to show everyone how smart you are.
Let the authorities do their job. You aren't elected to do squat.
meeting monday with beeler
I noticed today Chuck Bowers asked, or I might say demanded,
Ragsdales removal pending the ouster suit they filed.
this kind of exchange is important because with the sunshined issue and our commissioners being unable to talk to groups, this allows expertise to be shared and comments noted....a town hall type meeting.
I believe this helped others as well as our efforts so we know what direction to take.
The first step is having an attorney to represent the group so the same pitfalls are avoided.
Information-sharing opps
Shannon is referring to those two statutes in ouster law that allow plaintiffs to ask the chancellor for the respondent's temporary unpaid suspension while the ouster case is being tried.
Chuck Bowers and plaintiffs in the ouster against Ragsdale were not aware of this provision in statute until Beeler explained it to commissioners at their June 10 called meeting (then again, Bowers et al don't have any attorney other than General Cooper, the state AG). On learning about the provision, Bowers promptly wrote General Cooper making a request for Ragsdale's temporary suspension, too.
That called meeting really was a chance for commissioners and the public to devote an uninterupted hour to this topic, and our meeting last night was a similar opportunity.
At the end of last night's meeting, Mark Harmon invited us to attend his and Amy Broyles' routine Second District neighborhood meetings (which are "sunshined") to further discuss a citizen ouster suit.
We'd appreciate knowing about any other such neighborhood-level meetings going on elsewhere in the county, too, if this topic is of interest to others in other areas.
beeler law suit
what is up with the law suit filed by moncier/bowers against beeler at the same time?
interesting development and interesting timing...but of course Lockett still needs to go
bowers/moncier
well, guess bowers has an attorney now, Moncier.
And, of course, Beeler is one target and Ragsdale is on top of the pile.
Lockett
I understand Lockett can expect to go with the rest.....and not next year
also, this might not be
also, this might not be necessary if we felt the BPR could act in the immediate future. Beeler can address that also and it appears this could be a long term effort due to the appeals process.
As seen in the Ragsdale matter, the investigation could also delay things and Lockett needs to be out of the office of Law Director so someone can officially be appointed to replace him.
The advantage of this, as opposed to the ouster against Ragsdale, is our new knowledge that Lockett might be removed in short term even before the Ouster is heard in court.
The Ragsdlae matter did not take advantage of this fact that Beeler shared in the specially called meeting of the commission where Lockett was asked to resign.
I doubt the 8th district
I doubt the 8th district Commissioners will be there. There's a public meeting tonight on the new draft of the East Sector COunty Plan.
There's also a reception at
There's also a reception at the AJ for Roy Mullins.
Dave is expected
"I doubt the 8th district Commissioners will be there."
Not sure, Rachel, but my information is that Dave Wright and his wife will be attending the ouster meeting.
I haven't spoken with Bud Armstrong in the last few days. Possibly Dave and Bud are splitting their duties tonight?
Dave Wright will be
Dave Wright will be attending both functions....he will be busy
Meeting is NOT cancelled
No, tonight's meeting has NOT been cancelled.
(RNeal, it looks like there's a ruthless intruder in the house.)
I could not make the
I could not make the meeting please do a follow up here as soon as possible. And thanks for what you are doing, someone needs to step up to the plate and hit a homerun.
I am working on a video of
I am working on a video of the meeting and will have it uploaded to You Tube as soon as possible.
Visit us at:
The Home
found it.
video
Parts one and two of the You
Parts one and two of the six-part You Tube video are now 'live' and the rest are uploading (on auto-pilot I hope as I am going to bed).
Part One
Part Two
Visit us at:
The Home
Media coverage
KNS report
(link...)
WATE report
(link...)
With apologies for the poor
With apologies for the poor audio, all parts of the meeting video are now up and running. Here is a playlist that will assemble the entire 53 minutes.
Visit us at:
The Home
Here is a playlist Nice
Here is a playlist
Nice work, Mr. KR.
Where this effort stands
Thanks for your hard work to record and share this video, Kenny. Now that others have a chance to view it, they can chew on whether they, too, are inclined to join us in an ouster action.
It may be that I didn't explain why it is I'm personally involved in both a recall effort and a potential ouster effort at this juncture. It's because the recall effort is a "safety net" of sorts, available to voters only 14 months out, while the ouster action carries the potential to temporarily remove Lockett from office on just five days advance notice. That is, a recall vote can't arise until the general election of August 2010, after every other remedy may have failed, but the ouster affords participating plaintiffs the abilty to ask a chancellor to temporarily suspend Lockett (unpaid) WHILE THE OUSTER TO REMOVE HIM FROM OFFICE PERMANENTLY IS UNFOLDING.
(Read the complete ouster law, 8-47-101 through 8-47-127 here, and note the two statutes pertaining to officials' temporary unpaid suspension during trial at 8-47-116 and 8-47-117 (link...))
Here's where any ouster remedy stands now:
1) The so-called "nuclear option" available in statute is in play. Burchett has already delivered his letter to Bredesen reporting that his (unidentified) constituents want the governor to direct the state AG to initiate Lockett's ouster, absent any lawsuit filed by plaintiffs. No, no governor has ever before directed his state AG to do this. (This letter has been copied to media, but isn't yet avaiable on-line.)
2) The second most heavy-handed ouster option available in statute is also in play. Strickland has already sent his letter from commissioners to the state AG directing that the state AG initiate Lockett's ouster, also absent any lawsuit filed by plaintiffs. No, no state AG has ever before initiated such a suit of his own volition, either. (This letter is available on-line at the KNS site here (link...).)
3) Last night's discussion centered on an ouster option more likely to be picked up by the state AG, namely a lawsuit originating from ten citizen plaintiffs, presumably including a few local commissioners.
--Commissioners possibly participating include Hammond (on record as a willing plaintiff at the June regular commission meeting) and, per Rebecca Ferrar, Shouse and Harmon. I didn't necessarily "get the same vibe" from Shouse and Harmon, so I plan to phone them soon. Briggs said last night that he felt such a suit should originate only with citizens.
--Citizens possibly participating include Peter Crary, Shannon Szito, and me. We have indicated to Beeler that our participation hinges on "pro bono" representation and that we need to fully understand the potential for our participation to result in our being assessed court costs.
--We were disappointed last night to learn that Beeler, who had previewed a day or so ago that he represented Graham some years ago in a small matter and was researching whether that would be an obstacle to representing citizens in an ouster action against Lockett now, cannot represent us. Beeler continues to express confidence that he can direct an attorney our way, and that the attorney will also be someone willing to accept the ouster case "pro bono."
You see, then, that we are essentially four plaintiffs (Hammond, Szito, Crary, and me) in search of a free attorney. If we are to grow to ten or more plaintiffs, that free attorney needs to step forward very soon. Meanwhile, we are depending on Beeler to find him and give him a shove.
Please listen in on last night's meeting, then, and feel free to contact me here if you have any questions not addressed in that meeting or if I may introduce you to any of the (few) parties presently involved in this effort. Thanks.
Question. If I understand it
Question. If I understand it correctly, state law only provides for ouster when an official is guilty of misconduct while in office. It was my understanding that the activities in question occurred before he took office.
I saw an earlier comment by somebody that they continued after he took office, but I don't recall that being reported?
Beeler: Failure to disclose constitutes "misconduct in office"
Yes, the standard to be met in statute is "misconduct in office." It is Beeler's contention, which he first voiced at the June 10 called commission meeting, that Lockett's failure to disclose either his defalcations or his "loan" solicited from Graham constitute "misconduct in office." That is, Beeler contends that the failure to disclose is itself "misconduct." Beeler did concede at that called meeting that such an assertion would take the prosecution into "uncharted waters."
I think we'd agree that of Lockett's transactions at KMF before he took office, it is the Graham "loan," already confirmed to exist per the Disciplinary Counsel's Petition for Discipline, that was most important for Lockett to have disclosed. It is the transaction that most compromises him in his capacity as Law Director.
(On a quick tangent, Scott Barker recently popped up in a KNS comment thread to report that he and Rebecca Ferrar had reviewed commission meeting minutes since September 1, 2008 and they determined that Graham has not appeared before the commission since Lockett was sworn into office. I asked Beeler whether this point would weaken any request to a chancellor for Lockett's temporary suspension due to his being compromised and Beeler thinks not. Beeler says Graham has appeared before commission for years in the past, he continues to work as a developer so he is expected to appear before commission in the future, and furthermore his $5 million TIF request of Knox County is still pending.)
Also, since the date that Petition was released, KMF has alleged their discovery of additional "loans" Lockett solicited from their clients. It isn't clear yet whether KMF later reported to the BPR the details emerging on these additional "loans," but if they did the expectation among attorneys I've asked is that the Disciplinary Counsel will soon release an amended Petition for Discipline incorporating these new allegations. Such confirmation from the BPR would add fodder to any "failure to disclose" prosecution.
Finally, an anonymous KNS reader has recently posted a link to a disclosure Lockett filed with the Tennessee Ethics Commission after he took office on which Lockett indicated he owed no such "loans." All four commissioners present at last night's meeting had viewed the report on-line and all agree that Lockett should have disclosed his "loan" from Graham there (as well as any others the BPR may yet confirm). Lockett's incomplete filing with the TN Ethics Commission while in office also adds fodder to any "failure to disclose" prosecution.
Snark
Group seeks 'Double-Super' Ouster of Lockett
In other news, local attorney Herb Moncier aims for suit-filing world record
From APB reports. KNOXVILLE - County Law Director Bill Lockett, already beleaguered by multiple efforts seeking his removal, faces yet another, as a half-dozen people said Monday they'll begin working to file a "double-super" ouster complaint against him. The group hopes to file a complaint in Chancery or Circuit Court and ask for an immediate hearing to seek Lockett's ouster, said an organizer of Monday's meeting, General Sun Tzu.
"It is the rule in war, if ten times the enemy's strength, surround them; if five times, attack them; we have the strength to attack and hold the momentum to start collecting signatures, and the time to strike is now," Tzu said. "We will go to each commissioner and ask for a representative from each district, for when torrential water tosses boulders, it is because of its momentum. When the strike of a hawk breaks the body of its prey, it is because of timing..."
continued
General Sun Tzu. It seems
It seems like most disciplinary efforts against public office holders these days are led by Gen. George McClellan.
The dogmas of the quiet past, are inadequate to the stormy present.
President Abraham Lincoln 1862
Thanks, It's been a while
Thanks,
It's been a while since I shot much video. I'm kinda rusty.
Visit us at:
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Formal Ethics Opinion 81-F-4
Just stumbled across this Formal Ethics Opinion (81-F-4) at the BPR's site, on the subject of county attorneys and land developers:
'Nonetheless, the subject of land development is one in
which the likelihood of transactions with a municipality
and the room for public misunderstanding are so great that
a member of the bar should not represent a developer
operating in a municipality in which the member of the bar
is the municipal attorney or the holder of any other
municipal office of apparent influence. We all know from practical experience that the very nature of the work of the developer involves a probability of some municipal action, such as zoning applications, land subdivisions, building permits, compliance with the building code, etc.' 'It is accordingly our view that such dual representation is forbidden, even though the attorney does not advise either the municipality or the private client with respect to matters concerning them. The fact of such dual representation itself is contrary to the public interest.'
(link...)
No wonder Lockett called it a "loan."
thanks....of course, this
thanks....of course, this was not even representing a client, but recieving money, loan or otherwise for just plain Lockett's personal use.
very bad....i just hope the daunting task of a recall is avoided.
the arrogance of forcing the public to do this is vey disturbing to see coming from a public official.
For the life of me, I fail
For the life of me, I fail to understand how anyone so smart could take a "loan" from someone so connected to public business.
I mean, there was no one else who could have made the loan?
Seems like he may have been trying to send the message: "I'm open for business" to concerned parties.
And that truly is troubling.
The dogmas of the quiet past, are inadequate to the stormy present.
President Abraham Lincoln 1862