In the I'm-not-a-lawyer-but-I-play-one-on-TV department, here are some thoughts about the focus that Moncier's latest suit takes. (In a second disclaimer, I rely only on Barker's story, page A1 today, because the link to the complaint itself at the knoxnews.com site isn't working.)
It seems Moncier chooses an uphill, not to mention well-trodden, path in his attempt to temper or undo an existing supreme court opinion. That opinion has already defined, on the basis of *state* law, when an office is vacant and we need not rehash it.
Besides, our collective question now isn't whether vacancies existed, but what process should have been used to fill those vacancies. Since the court was virtually mute on that subject, they seemed, by implication, to validate the instruction available to Commissioners in our *local* law, namely the County Charter they upheld.
So, if the question of what constitutes a vacancy has already been answered in state law and if the instruction for filling vacancies lies in local law, why is Moncier posing this redundant question of vacancies and why is he looking to the wrong body of law, state rather than local, to undo a botched appointment process?
To wit, these are some matters of *local* law which should have guided yesterday's appointment process, but which Moncier fails to cite in his suit:
The Charter says nominations may be made by members of the Commission only. While the irony isn't lost on me, I think we saw Commission violate that instruction yesterday when they appeared, at least, to entertain nominations from the floor.
The Charter also says that each member of Commission may vote in favor of one nominee, by name, only. While that's ultimately what they did, I personally question Moore's repeated offer to Commissioners, after every Commissioner had cast a vote, to then change their votes.
Most compellingly, the Charter says that prior to voting, Commission *shall* (not may), by resolution or ordinance, establish the procedure for arriving at a majority vote. We didn't see a resolution or an ordinance either one, but we did see agenda-juggling, out-of-earshot discussion, and the appointment of two late-filing applicants.
I fear, then, that our would-be champion's focus is fuzzy.
|
|
Discussing:
- Confusion at the Alcoa South Plant (1 reply)
- Tennessee: great for business, not so great place to live (1 reply)
- Marsha & China (4 replies)
- AI bubble burst? (2 replies)
- Tennessee paying $637 million over 5 years for voucher software program (2 replies)
- UT paying $2 million to fired professor? (2 replies)
- A bear in Alcoa (1 reply)
- Here are some good Presidents (1 reply)
- Alcoa Hwy construction to extend to 2030 (3 replies)
- Happy 250th, pfft (2 replies)
- Smith & Wesson noise problem (3 replies)
- Are Chat bots a waste of time? (1 reply)
TN Progressive
- Alcoa property taxes will probably not go up (BlountViews)
- Smith & Wesson not a good fit for Blount County (BlountViews)
- Pellissippi Parkway extension delayed again (BlountViews)
- Blount County early voting record turnout (BlountViews)
- WATCH THIS SPACE. (Left Wing Cracker)
- America As It Is Right Now (RoaneViews)
- A friend sent this: From Captain McElwee's Tall Tales of Roane County (RoaneViews)
- The Meidas Touch (RoaneViews)
- Massive Security Breach Analysis (RoaneViews)
- (Whitescreek Journal)
- My choices in the August election (Left Wing Cracker)
- July 4, 2024 - aka The Twilight Zone (Joe Powell)
TN Politics
- DA declines to prosecute fatal Burger King shooting by Memphis Safe Task Force (TN Lookout)
- TN Ag Commissioner accused of pressuring Farm Bureau to cut ties with agent over personal dispute (TN Lookout)
- ICE officers to wear body cameras at traffic stops, White House border czar says (TN Lookout)
- 75K voters cast ballots in strong start for Tennessee early voting (TN Lookout)
- Death row inmate seeks replacement of physician in charge of botched execution (TN Lookout)
- Canadian hockey sticks, wine and cement subject to new Trump tariffs (TN Lookout)
Knox TN Today
- Going postal (Knox TN Today)
- She jumped the tracks (Knox TN Today)
- Oven-baked Apricot Chicken – A sweet & savory dinner that’s almost too easy (Knox TN Today)
- Playground in South Knox + Pet obesity + Pathways Learning ++ (Knox TN Today)
- Daily Connections: Your East Tennessee Guide | July 21 (Knox TN Today)
- Which type of home insurance fits your life? (Knox TN Today)
- Above & Beyond: Volunteer East Tennessee helps neighbors help neighbors (Knox TN Today)
- Former opera singer’s remarkable life to be celebrated at Concord Place (Knox TN Today)
- Know your Rotarian: Zac Lemmons (Knox TN Today)
- Why your credit score matters more than you think (Knox TN Today)
- Bizarre Bytes: The curious history of the zipper (Knox TN Today)
- DGG is really big among Vol recruiting stories (Knox TN Today)
Local TV News
- One dead after Greene County house fire (WATE)
- Former McMinn County deputy charged in domestic violence investigation (WATE)
- Knoxville crime scene technician released from hospital after being shot on duty (WATE)
- '1 in 2 women are affected': Domestic violence resources in East Tennessee (WATE)
- Ex-LaFollette police officer faces assault charge in TBI misconduct probe (WATE)
- Knox County woman seeks solution for unexplained backyard flooding (WATE)
News Sentinel
State News
- Red, White & BBQ in Collegedale - Chattanooga Times Free Press (Times Free Press)
- ☀️ A good day to watch a masterpiece - Chattanooga Times Free Press (Times Free Press)
- Federal court revokes East Ridge man’s naturalization, approves joint agreement - Chattanooga Times Free Press (Times Free Press)
- Man arrested, charged with murder after Chattanooga police find dead body - Chattanooga Times Free Press (Times Free Press)
Wire Reports
- Can I eat lettuce now? What to know about the cyclosporiasis outbreak. - The Washington Post (Business)
- Stock futures are higher as Wall Street awaits latest earnings report: Live updates - CNBC (Business)
- Trump slaps 50% tariffs on Canada and Carney vows to 'intensify' trade talks - BBC (US News)
- South Carolina Republicans test Trump's clout in race for Graham's seat - Politico (US News)
- Alaska wants to seize a pilot’s plane over a 6-pack of beer. The Supreme Court will hear his case. - NBC News (US News)
- Conflict Rattles Stocks, Bonds as Oil Holds Gains: Markets Wrap - Bloomberg.com (Business)
- SUU student identified as US soldier killed in Jordan - KSL.com (US News)
- Tropical Storm Bertha forms in the Gulf, forecasts warn of flooding - USA Today (US News)
- Morning Bid: Oil trumps AI - Reuters (Business)
- GM beats on earnings, raises guidance amid resilient vehicle pricing - CNBC (Business)
- Father, son charged with kidnapping 2 U.S. Forest Service biologists at gunpoint - NBC News (US News)
- China AI Sensation Moonshot’s Gamble on Big Models Pays Off - Bloomberg.com (Business)
- 'Anti-ICE' Army veteran set fire outside Manhattan federal building, say officials - BBC (US News)
- Tate Brothers to Stay in Jail as New Details About Charges Emerge - The New York Times (US News)
- Jamie Dimon says markets underestimate risks and he wouldn't buy stocks or Treasurys at current prices - CNBC (Business)
Local Media
Lost Medicaid Funding
Search and Archives
TN Progressive
Nearby:
- Blount Dems
- Herston TN Family Law
- Inside of Knoxville
- Instapundit
- Jack Lail
- Jim Stovall
- Knox Dems
- MoxCarm Blue Streak
- Outdoor Knoxville
- Pittman Properties
- Reality Me
- Stop Alcoa Parkway
Beyond:
- Nashville Scene
- Nashville Post
- Smart City Memphis
- TN Dems
- TN Journal
- TN Lookout
- Bob Stepno
- Facing South

Whaaa?
I thought the brunt of Moncier's lawsuit stated the commission violated the Tennessee Open Meetings Act aka the Sunshine Act or Sunshine Law. They did this by taking all those recesses to twist arms in the back.
Open meetings, maybe; other points, not likely
Oh, Moncier cites open meetings violations, too--and they're his only points with any potential to stick, I think. Sorry if I seemed to discount that. Personally, I was just rolling my eyes at the rest of his content...
He's maintaing that the offices *aren't* vacant, after a supreme court decision said they *are*, only to argue in his next paragraph for "a manner of election" to fill these (not-vacant)offices? Huh? And he's arguing that Tindell, Jones, and Tramel weren't eligible to serve in these (not-vacant) offices? Tindell was immediately removed from the one office the moment he was appointed to the other. Jones and Tramel were employees of, not officeholders in, their respective county departments, so huh again. He takes exception to Bolus's swearing in (and I do, too), but Owings did offer that chance to all and even Schmidt conceded that the act had been legel, if deceptive procedurally. A judge will have to weigh the legality of the move, though, not the etiquette, wouldn't you think?
One last clarification,,,
...so as not to convolute as badly as Moncier does.
I only mean to suggest that he could have made stronger arguments to invalidate the appointments if he had focused on commission's failure to follow their procedural instruction for appointments, as outlined in the charter.
I think that Commission's real transgression was in failing to "establish the procedure for arriving at a majority vote" in advance of their meeting (by resolution or ordinance, in fact). If they'd followed that charter instruction, we on-lookers could have more readily called them on all the repeated tie-votes, the agenda-juggling, the multiple recesses, the arm-twisting in clear sight, the out-of-schedule swearing ceremonies, the nominees from nowhere, and the appointments of late applicants. Since Commission didn't cite any rules they'd be following, though, we couldn't maintain that they'd broken any.
That's the point Moncier fails to make and I think he might have argued it more easily than those he has chosen.