Mon
Feb 5 2007
05:25 pm
By: StaceyDs Cat
Not computer literate enough to post link directly, so go to (link...)
ED. NOTE: Story here.
ED. UPDATES:
From the article: "The News Sentinel is seeking to void all the appointments made by commissioners, have a permanent injunction laid down by the court requiring that all future deliberations be made in public, and that the case be expedited."
The lawsuit posted at the KNS website (PDF format).
Jack McElroy has more at his blog.
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link here if anybody is
link here if anybody is lazy.
That move surprises me by
That move surprises me by the NS. But in a good way. I wasnt sure they had it in them.
I would hope in the future reporters would demand to go into backroom, wherever, with comissioners during breaks. Maybe having a US Marshall or some such entity along to enforce that sort of access in case of resistence would help.
Cawood?
jbr: "Maybe having a US Marshall or some such entity along to enforce that sort of access..."
That's probably why Shurf Tim hired Cawood, don't ya guess?
Holy s**t. Good for them.
Holy s**t. Good for them.
'bout time
'bout time someone represented the voters instead of the politicians and their hand-picked successors.
In despair, some friends and I were pondering just drinking heavily and researching "urban secession."
Yes, it is possible, but highly difficult. (the secession, not the drinking.)
Then we thought about inventing a drinking game where you watch the video of Black Wednesday. You take a shot whenever you hear Scott Moore say "Would anyone like to change their vote?"
I think "Ain't nobody
I think "Ain't nobody lobbied me, no, heck no," and "It was unanimous for both of us" has t-shirt revenue potential.
Sounds like the start of a
Sounds like the start of a "Scoobisms" website.
Tee shirts
I would definitely buy one of these. In fact, I think folks should start wearing these to Commission meetings.
I would definitely buy one
I'm in...my favorite: "Ain't nobody lobbied me...."
We'll probably hear that again when he's deposed.
Cry Baby Commissioners
I would wear one if it had a picture of a baby throwing a tantrum on it....on the back it should say "I want to my mommy to be a commissioner".
Amicus briefs?
Rocketsquirrel: " 'bout time someone represented the voters instead of the politicians... "
I wonder if there is a role for voters to reinforce to a judge that McElroy is, indeed, representing us? Do you suppose amicus briefs (friends of the court briefs) offered by community groups of various sorts would help in supporting McElroy's contentions?
It may be that the court would/could only accept filings of this sort from groups perceived to have a particular expertise in the question at hand, which would likely limit some organizations' ability to offer their support...
I'd like to learn more about the possibility, anyway. Chad, or other supportive attorneys lurking?
Amicus brief
My understanding is you cannot file an amicus brief until there is an appeal.
jbr on Amicus Brief
jbr: "My understanding is you cannot file an amicus brief until there is an appeal."
I didn't mean to ignore this earlier--the information (and misinformation) was so fast-flowing!
I know virtually nothing about the subject, but was only recalling that in the instance of school board having filed suit against commission a few years back, the school board was aided *at some point* by an amicus brief offered from the Tennessee School Board Association.
I followed that case closely at the time, and even picked up copies of some of the filings. Today, I can't even recall whether the board had to file an appeal, so you may well be right.
I've made a note to phone Knoxville Legal Aid tomorrow for clarification.
two shots
whenever Scoobie says recess. This could be fun.
Fun indeed!
two shots whenever there is a tie vote.
Have we made up enough rules for this game yet? (oops - that sounded like Scoobie)
sorry leslie
sorry leslie, the chair moved the vote on the two-shot rule until after the pitcher is already emptied.
But if you'll buy another pitcher, I'll vote for your motion. Unless you buy two pitchers. Then I'll vote twice.
tamara: I like your idea on amicus briefs. Have no idea if your average voter would have standing. When I spoke to the Tennessee Coalition for Open Government, last week, they seemed to imply that your average run of the mill voter would not have sufficient standing to bring a lawsuit. But interestingly, they didn't mention the media bringing suit.
Thank, you, KNS. You are representing us, and we hope you'll see this through.
Again, note the
Again, note the plaintiff:
"JOHN McELROY, II, a citizen and resident of Knox County, Tennessee".
hmmm. What are we missing
hmmm. What are we missing here? Is the KNS actually a party? Sure looked like it from the article.
Styling of suit
Randy: "Again, note the plaintiff..."
I noted it immediately, Randy. This suit is brought by an individual and neither the N-S nor Scripps-Howard nor anyone else is listed as co-plantiff, however it is being reported in their newspaper.
If Scripps opted out as a co-plantiff, I would think the N-S would have no authority to join the suit, either. But given the way it was reported...is there, perhaps, a rebellion against Scripps underway at the N-S?
I want to go back and read that story again...
well formed
not a lawyer, but this argument sure seems a lot cleaner than Monciers.
But if you'll buy another
But if you'll buy another pitcher, I'll vote for your motion. Unless you buy two pitchers. Then I'll vote twice.
And if I buy THREE....???
Come on, say it, say it....
three
three?
paging Arlo Guthrie. We need a group W bench in the back hall of the city county building, stat.
...And don't overlook related story: Ragsdale, special election
So now Ragsdale calls for a special election in September 07, and asks that Commission entertain *his* nominees? When did nominees cease to arise through communities and the respective political parties directly? Another alternative shut out proposed, don't you think???
It appears that he's courting the same body, including 8 new appointees, that McElroy seeks to invalidate as Commissioners. I'm confused as hell---does this put Ragsdale and Shurf Tim on the same team?!
So now Ragsdale calls for a
Hey Tamara - I think there are 2 separate issues that you might be joining together which certainly would cause some confusion.
1) Ragsdale asked for Commission to entertain his nominees for the Ethics Committee.
2) Ragsdale asked for Commission to ask for a special election, with the help of our legislators.
It would have been more emphatic, I think, if these issues were outlined in separate memos. I read the memo from Ragsdale to Scott Moore on the KNS site in case you haven't seen it.
Also, I appointment of the Ethics Committee confirms the unanswered questions you & I had about CTAS, except for I haven't seen the approved document - have you?-Marie
1) Ragsdale asked for
1) Ragsdale asked for Commission to entertain his nominees for the Ethics Committee.
That's the way I read it too. He wants his nominees to the Ethics Committee confirmed, not his nominees to Commission (well, I'm sure he wants that too, but that's not what he means in the letter).
Oh, Gawd...
Ridiculous: "I think there are 2 separate issues that you might be joining together which certainly would cause some confusion."
Oh, Gawd, Marie! You're kinder than I deserve! I was tearing out of the house to get to a meeting (I was late), when I stopped to read Stacey's N-S post, then stumbled across the second Ragsdale story. So much for my speed reading abilities! It sounded so plausible...
I'm SO sorry, all. I'll quickly--no, not so quickly-- catch up.
(The Are-Ragsdale-and-Shurf-Tim-on-the-same-team bit I intended as a joke.)
Damn activist journalists,
Damn activist journalists, legislating from the ink barrel!
Note the plaintiff in the lawsuit: "JOHN McELROY, II, a citizen and resident of Knox County, Tennessee".
What has happened to our beloved KNS? Will we soon long for the days of stories about cockfighting and elaborate débutante parties? What will the Scripps shareholders think? Oh my! [/sarcasm]
Seriously, way to go Jack McElroy and the KNS.
Coincidence?
I just wonder if the timing of McElroy's suit and Ragsdale's call for a special election was coordinated? Is Ragsdale's call the carrot and McElroy's suit the stick?
Although I'm all for the special election idea, the other half of the story strikes me as funny -- the prospect of Mike Ragsdale calling for ethics in government seems a bit like King Leopold II standing up for the rights of indigenous cultures.
--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
Must be nice to own a paper
I just wonder if the timing of McElroy's suit and Ragsdale's call for a special election was coordinated?
What are the odds?
I don't believe there was
I don't believe there was any coordination between the KNS and Ragsdale's office. I've heard that Bruce Hartmann has been very upfront with this information, so I'll say it here -- Channel 10 was given an opportunity to join the suit, but declined. I believe waiting for them to make the decision was what held up the filing a little bit.
There is no conspiracy -- challenging local government on this issue is long overdue, and it is also long past time that local media quit playing Rip Van Winkel.
Let's take our government back.
Betty, I think "conspiracy"
Betty, I think "conspiracy" is too strong a word. Is it unreasonable to speculate that McElroy called his buddy Ragsdale and said, "Guess what I'm about to do?" Dear ole Mike could easily have seen this as a chance to jump on a populist bandwagon of outrage.
Ragsdale, of course, is an opportunist and might see this as a chance to bury the Tyler Harber scandal once and for all. We're supposed to believe that he's all of a sudden become the champion of the people; I think it's likelier that he sees this as a chance to come out smelling like a rose.
Your first question to Raggy today was this: "Did County Commission violate the Sunshine Law?" He didn't skip a beat with his monosyllabic, unambiguous answer: "Yes." That's the response of a man prepared to shoot for the bullseye and eager to promote his own agenda. It isn't a conspiracy -- it's politics as usual. The timing regarding McElroy's suit seems simply to be the framework which gave his press conference more weight and immediacy. It smells like Ragsdale knew about it beforehand.
I think Ragsdale believes that when he runs for governor in 2010, his (likely) victory over Commission's corruption will become his rallying cry, and Tyler Harber will become a distant echo, remembered only in the archives of local blogs.
I'm all for taking the government back and making it more responsive to the beaten-down populace it purports to serve. As a native of Knox County, I'm just not naive enough to believe that's the pure extent of certain people's motivations.
--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
Let’s review what has happened.
Ragsdale, of course, is an opportunist and might see this as a chance to bury the Tyler Harber scandal once and for all. We're supposed to believe that he's all of a sudden become the champion of the people
Let’s review what has happened. Former Sheriff Hutchison gave the media a 408 page investigation of the Tyler Harber scandal. Mayor Ragsdale looked very bad. For good reason. A few days later the appointment debacle occurred in County Commission.
Scott Moore over played his hand and Lumpy Lambert did what Lumpy Lambert does and today Mayor Ragsdale is a shining Knight because he requested the Commission vote on a resolution to ask the State for a special resolution for a do over, a special Election. Wonder if he had gotten his people in if he would be so Knight like? Then the Mayor appointed a Blue Ribbon committee to study the ethics of the appointment process. Not anything other than the appointment process, just the appointment process. Go figure. You would think the ethics committee could look at many different things.
Mayor Ragsdale’s friend Jack McElroy, the Editor of the Knoxville News Sentinel, filed a duplicate lawsuit of the one that Herb Moncier filed last week. No one cared at all about Herb’s lawsuit but now that the Editor of the daily paper has made a stand the town is safe and pure again.
What kind of Baptism has happened here?
Can someone explain how this washed away the sins of what has come before this?
A few simple questions. The County Commission must pass this requested resolution by 13 votes. Anyone here think that will happen? Not a chance. This is all to create a rage against the County Commission in the hope the election can be moved forward to September to coincide with the City of Knoxville Election in the hope the voters will still be mad enough to remember the horrible injustice at the hands of Scott Moore and Lumpy Lambert and vote out all 12 appointees so God fearing supporters of the Mayor’s can assume their rightful places. Having a friend at the daily paper would make that easier.
But wait just a minute, wasn’t Mayor Ragsdale in the balcony with Mike Arms doing the exact same thing that Scott Moore was doing? Didn’t Mayor Ragsdale and Mike Arms descend into the fray during the Scott Davis versus Lee Tramel debacle? Wasn’t the Mayor accused by Ivan Harmon of blackmail? The only difference being the lack of witnesses? Hasn’t this charge been made many times before also with a lack of witnesses? Isn’t it common knowledge around the City County building?
Do you really want to do something about this? Or do you just want to complain?
The injured party is the Second District. Have a spokesperson from the Second District go before County Commission and ask for a resolution to reconvene the Charter Review Committee in order to add two provisions. The first is petition for recall to be voted on next February 2008 when these 12 appointees must run for election. The second being petition for referendum.
If approved by County Commission these provisions would be added to the ballot in February 2008. If not then proceed to plan B.
Plan B would be to petition for a referendum to add “petition for recall” to the County Charter and add “petition for referendum” to the County Charter to be voted on the February 2008 ballot. In other words go over County Commissions head. But it would work much better to ask for it first and then be turned down. It would make it much easier to get the needed signatures. It would also be important in the “lesson teaching” process. Two can play this game of who can be the victim.
So when the prize is obtained what to do then?
I think you know what needs to be done. Remove one of them and we will never have this problem again.
Baptism is fine but there is always the problem of backsliding. Something more than Baptism is required. Is it time to banish one of them into the desert?
Let's see what Jack can do, #9
Really, #9, at this particular junction, I'm quite content to sit back a bit and see what Jack McElroy and KNS can accomplish.
And if he and KNS are successful, I think I can forgive him that suit I had to file, too. Maybe Knox County and our local media both are at the brink of something very good.
We'll worry about Ragsdale and Shurf Tim's agendas later. Or maybe they'll knock one another off in the interim, even?
There #9 goes
There #9 goes again......
You said:
Let’s review what has happened. Former Sheriff Hutchison gave the media a 408 page investigation of the Tyler Harber scandal. Mayor Ragsdale looked very bad. For good reason. A few days later the appointment debacle occurred in County Commission
...............
Fact is: The Jan 31 meeting was announced a week before the sheriff's release of the Harber information. The sheriff's release of that information was the surprise event. Why did he release it? It was an attempt to change the subject. What was the subject? The fact that the date to make the appointments had been rushed up by Scoobie Moore, who evidently wanted to limit the potential of public participation.
Scoobie's wife, father and nephew work for the sheriff.
His legal authority in in setting the meeting was an
opinion from Law Director John Owings that the Supreme Court would only allow a "short window" to git'er done. (Or else?)
Owings'son works for the sheriff as a helicopter mechanic.
Notice a pattern here?
Did the court say the appointments had to be made by Jan. 31? What was the "or else?" What punitive action was threatened? Would the court have been upset if the commission had waited a month so that these candidates could have been thoroughly vetted through a series of public forums/debates?
Would we have been less likely to end up with drug dealers and sexual harassers and the chairman's drinking buddy and the sheriff's fundraiser and a guy who doesn't even know he represents his whole district if they'd been required to stand before the public?
We'll never know.
What makes you think I like what happened?
Scoobie's wife, father and nephew work for the sheriff.
Betty, 8000 people work for Knox County. It is a huge patronage system. Do an article on it. Shine the light on it. With spouses and adult children that could easily be 15,000 votes. The real election is inside those 15,000 votes. When only 25,000 people vote the patronage system controls Knox County politics. But if you expect these people to police themselves you would be mistaken. Pardon me if I have little trust in any of them.
This is a feudal politic and we are just serfs. For now.
I wonder if Jack McElroy's
I wonder if Jack McElroy's request for comments last October had anything to do with KNS's newfound zeal. Could it be that the KnoxViews community exerted a bit of influence here?
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Rip Van Winkel media
Betty: "...it is also long past time that local media quit playing Rip Van Winkel."
Betty, I've got to seize on this--and you'll remember the story. When I was trying to force media attention to the issue of this school board candidate in my district not living in the distirct, I went so far as to pick up the public utility records, water from Hallsdale-Powell and electric from KUB, available to citizens under the Freedom of Information Act.
This guy, with a family of four, claimed to be living in a 2000 square foot townhouse during August, yet used only $9.00 or so per month in electricity over a couple of months of that *very hot* summer, then around $20.00 per month after that. His water usage record said that not one gallon had passed through the meter in the full four-month period in question.
I carried both originals and copies of these documents, in person, to WATE-TV, WBIR-TV, and the KNS. Not a peep. I went back to all three, after I filed suit, and left copies of the complaint. Still nothing. The day *after* the shmuck won the election, KNS put my story at the top of page A1. I have never, will never, understand why my husband and I had to spend out of our own pockets to direct any attention to a problem that was media's responsibility to catch first.
And conjecture that followed to the effect that others were helping us cover this legal cost are completely false. We paid every dime.
shop locally
You should have taken the goods to Sandra and Betty.
Tamara, I well remember this
Tamara, I well remember this incident and your struggle to bring it to light. You soldiered on with no support from anyone, and eventually ended up winning that war -- but you never got much credit for what you did.
I thought about the Jeff Byrd episode when the Garrett Meek annexation issue came up. The legislature has (intentionally)left a great, gaping gap in the law by not giving election commissions the authority to disqualify candidates/voters who are clearly ineligible.
....................
Betty, I've got to seize on this--and you'll remember the story. When I was trying to force media attention to the issue of this school board candidate in my district not living in the distirct, I went so far as to pick up the public utility records, water from Hallsdale-Powell and electric from KUB, available to citizens under the Freedom of Information Act.
This guy, with a family of four, claimed to be living in a 2000 square foot townhouse during August, yet used only $9.00 or so per month in electricity over a couple of months of that *very hot* summer, then around $20.00 per month after that. His water usage record said that not one gallon had passed through the meter in the full four-month period in question.
I carried both originals and copies of these documents, in person, to WATE-TV, WBIR-TV, and the KNS. Not a peep. I went back to all three, after I filed suit, and left copies of the complaint. Still nothing. The day *after* the shmuck won the election, KNS put my story at the top of page A1. I have never, will never, understand why my husband and I had to spend out of our own pockets to direct any attention to a problem that was media's responsibility to catch first.
And conjecture that followed to the effect that others were helping us cover this legal cost are completely false. We paid every dime.
Byrd race/Meek annexation
Betty, I made the connection, too, between the concerns of residency in these two matters.
Rikki and any others with a keen interest in this subject, I'm not aware of what window of opportunity you may have to pursue the issue. If you should discover that window still open, and you want to fight back (in the courts, I'm afraid), you are certainly welcome to my copy paper box full of research on court precedent WRT proving residency.
It's ironic, really, that no one did come forward to sue. An ample supply of precedent exists, including a couple of TN supreme court decisions, to explictly define what constitutes residency. The supporting documentation, especially public utility records, is easily obtained by private citizens and media alike. I believe the question of Meek's residency in the annexation question might have been challenged pretty easily--and maybe could be still.
Just a
I don't believe there was any coordination between the KNS and Ragsdale's office.
Coincidence?
"I just wonder if the timing
"I just wonder if the timing of McElroy's suit and Ragsdale's call for a special election was coordinated?
What are the odds?"
Not very good in my opinion, but boy isn't it fun to speculate?
McElroy lays my speculation
McElroy lays my speculation to rest:
Works for me.
--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
I guess nobody told the News
I guess nobody told the News Sentinel that we were all supposed to Move On.
(I'm a News Sentinel employee myself, though far from the decision-making loop.)
And then there's this from
And then there's this from Jack's blog:
"Well, we sued the Knox County Commission today."
Just wish we knew who "we" is/are. (Antoher Scoobism for a different blog.....)
Who we is/are
The NS is suing. But I'm pretty sure the News-Sentinel doesn't exist as a separate entity - ie it can't actually sue. My guess is JM as editor is acting as some sort of representative for the paper.
the large shoe dropped today
you heard it here first folks:
from (link...)
Submitted by Pickens on Wed, 2007/01/31 - 9:17pm.
who has had a license to ill for all of 14 hours on this forum, it might be premature to declare "This Game is Over." Me thinks there's a large shoe out of Cincinnati still to drop.
N-S can and freguently does sue
jah: "But I'm pretty sure the News-Sentinel doesn't exist as a separate entity - ie it can't actually sue."
Nah, jah! The N-S can and does sue lots, usually to obtain records. I phoned local editor Tom Chester with an open records question one day, and he kept me on the phone 45 minutes, rattling off statutes without stopping for breath! I have a lot of confidence in this one!
Barker too
Scott Barker is equally well-informed on Sunshine Law. It's no joke law. Newspapers have to call upon it more than most people think, I think.
Nah, jah! eh, it was a good
Nah, jah!
eh, it was a good try, though.
No rebellion, I think
No, I've re-read the story and my stray thought about a rebellion seems, well, stray. Certainly doesn't sound like the sale of the newspaper to McElroy is underway or anything (though wouldn't an independent under his leadership be terrific)...
I suspect the device of filing the suit under the name of an individual allows plantiff McElroy to claim injury (as a citizen), where co-plantiffs KNS/Scripps could not. The substantiation of injury, I understand, is necessary to afford him standing with the court.
I would just think he's the front man and KNS is the $.
Ooh, better guess. What I
Ooh, better guess.
What I want to know is why they didn't just say why they were doing it this way. I know there's a good explanation.
I should have understood sooner...
jah: "I know there's a good explanation."
I'm pretty darn certain McElroy is the lone plaintiff only because of this need to claim injury as a citizen, which is an injury KNS/Scripps could not claim as corporate entities. Claiming injury is the plantiff's first step in obtaining standing before the court, allowing him to proceed with the suit--and I should have understood that need earlier.
I filed suit in '04 against a school board candidate, running in my district. He had rented (too late to meet a one-year residency requirement)and never moved into a townhouse in the district, just to give him an in-district address to place on his qualifying petition.
There are several differences in the styling of McElroy's and my suits, though, that I don't understand. In one glaring difference, McElroy has sued commissioners both as individuals and as commissioners. The consequence for his attorneys will be that they will battle 100 attorneys/attorney-types in the county law department.
In my case, though, my attorney was intent on not naming any county entity, the Election Commission my this case, so that this problem of too-few-troops could be avoided (and also because we all like Greg McKay and understand how little he can do to truly "qualify" candidates). In my complaint, then, he "framed me as a relator" (careful here--that word isn't "realtor"), relating the candidate's misdeed to the Attorney General's office.
The AG's name, then, appeared along with mine as a plantiff and the ball was in his (the AG's) court to provide an acceptable reason that he would not pursue the issue. For my attorney, the styling would be a device to obtain the aid of the AG and staff in advancing my suit. And, for my attorney and me both, the AG's joining the suit would affirm its validity.
In a second difference, I don't note any text in McElroy's complaint defining it as a quo warranto action, which, per my Webster's, means that it will be "an action to determine by what authority one (in McElroy's case, 8)serves in office." Since my attorney had explained to me that my suit needed to be styled that way, I don't understand why McElroy's is not.
Anyway, that is the sum total of what I do and do not know about this kind of action. I'm confident KNS/Scripps know going into this that their case is strong and their coffers full.
Re. the plaintiff, maybe the
Re. the plaintiff, maybe the KNS doesn't have standing to bring a lawsuit in this case because it can't vote?
sit down
According to this Jamie Satterfield story, Campbell County Commission was recently sued for violating sunshine laws by Horizon Publishing Corp., owner of the weekly Journal-Leader. In Campbell Co, commission was going to vote on firing the county financial officer but had not given any explanation why.
Anyway, it may not be a matter of standing, although the fact that Scripps is HQed in Cincy could complicate things. It may be possession of a state charter that gives a corporation standing. Sunshine laws are state laws.
Great job by Satterfield finding that nugget! Naturally it comes with her patented cutesy first line.
Don't think we can tell, Rikki
I don't see anything contradictory, Rikki, in that Campbell County story. No link to the actual complaint is offered, so we can't tell in what form (newspaper's name or individual's name) the suit was filed. The KNS is also reporting that *they* have filed suit, so possibly Horizon Publishing Company did so in the same manner KNS did, under an individual's name?
Anyway, since both county's actions relate to either the "firing" or the retention of county personnel, I'm still skeptical that any party other than a private citizen could maintain the necessary injury to get very far...
Did I miss something? And you sit down, Mr. Grumpy Pants.
Did I miss
Did I miss something?
Possibly, I edited my post shortly after submitting it, and the original version was likely grumpier. "Sit down" was just a silly pun on "standing."
The Campbell Co story is intriguing in and of itself, and I'm tickled they beat Knox Co to the punch by just a few days. Campbell Co Commission voted to create a CBID on an undeveloped bluff overlooking Norris Lake around the same time they started threatening to fire their financial director.
In any case, naming McElroy as an individual is probably a sure bet on standing, though there is a long history of publishers suing the government over open records and First Amendment affronts.
State charter/standing
Ah, I'm following your edited post better now, Rikki.
(Someone should have sat me down and slapped me around both last night. By morning's light, my comments are looking a mite feverish and heavy on the exclamation points--particularly, Oh, Gawd, that one! I'm still smilin' pretty big, though...)
Ragsdale versus Harber
Nine, I don't think some folks on commission are going to let either the public or Ragsdale forget about Tyler Harber.
With the new appointments, it has gotten closer to having the votes to ask for a Harber investigation, but probably not all the way there.
I'd expect a whole lot of "you say ethics, I say Tyler" coming up.
Probably so. But also note
Probably so. But also note (again) Ragsdale's remark:
"...it has become evident to me that more needs to be done to examine these issues throughout Knox County Government, including in my own office. I will be asking the Ethics Committee to evaluate the hiring practices of the executive branch first, and I will fully support their efforts."
One could read this as a) leadership by setting a good example, b) a warning to the Ragsdale factions to fall in line or else, or c) an admission that a Harber investigation by the ethics committee is warranted.
I'm guessing it's more along the lines of "b".
Just speculating, but I
Just speculating, but I would guess that the difference in a lawsuit involving FOI or the 1st Amendment v. an election irregularity would be that a newspaper could be the injured party in the first case but not the second, because a newspaper can't register to vote.
Technically it wasn't really
Technically it wasn't really an election, but I can see what you're getting at since they ask for the appointments to be reversed. That might require a plaintiff represented by the commission.
Over on Jack McElroy's blog a few people...
asked questions about the News Sentinel and it's relationship with Mayor Ragsdale and disdain for former Sheriff Hutchison. I do not see how the McElroy lawsuit is much different than Herb Moncier's lawsuit and I do not see how Jack McElroy has become a White Knight overnight. Neither do I see how Mayor Ragsdale has become a White Knight either.
Poster Old Hickory does a good job looking deeper into the morass:
(link...)
A tip of the hat to the News-Sentinel and Jack McElroy for stepping forward to object to a blatant disregard of descency and fair play, challenging a classic example of what is wrong with Knoxville and Knox County. Scripps is to be commended for putting its money out there to try and correct a civic wrong.
However, where the News-Sentinel traditionally gets derailed in these power plays between the County Mayor and the factions purportedly aligned with the Hutchison faction, is the News-Sentinel usually comes down on the side of the Ragsdale factions and opposes the Hutchison faction. As the News-Sentinel progresses through it's litigation with the county commission and the county commissioners, it does not need to lose sight of the self serving approach Team Ragsdale in pandering to and the wholesale ethical lapses during the Ragsdale first term.
As a community, we need to stop running to the State and to the court system to correct systematic flaws in our local government. Ragsdale wants a special election as the commission he is forced to deal with would be expected to turn a deaf ear to his "move the community forward" spending free fall and the new commissioners realize that local county government have two essential functions (1) education of the children of Knox County and (2) maintenance of a civilized society through law enforcement and a jail facility. Everything else is essentially a spend money for political capital program. Ragsdale has passed a wheel tax for a project nobody wanted and then built a school nobody wanted (They wanted the existing schools enlarged, they like 2,000 student schools) He's built senior centers which are political waste and unneeded tokens of grandiosity and he's thrown $5 million of the Knox County taxpayer's money into a Blount County industrial park, which will provide jobs, benefits, and educational funding for the citizen's of Blount County, not Knox County.
His desire to wipe this commission off the screen, while questioning the manner in which is was assembled, is motivated by finding more sympathetic votes to his desire to spend Knox County into oblivion, perhaps on other counties, engendering civil support for his doomed run for governor in 2010.
And as he speaks wildly about the ethical shortcomings of the events of 1/31, let's not forget (a) Tyler Harber, (b) Jay Witt, (c) the aforementioned $5 million expenditure, not in Knox County, (d) John Werner sitting on the review panel for the Farmer's Market redevelopment and voting for his former employer's (HolRob) proposal, and (e) the instructions to obtain medical records on certain individuals critical of the Ragsdale administration from the Knox County Health Department. While over there, don't forget about the situation with former commissioner Mills purportedly ending up on the payroll of the county at a salary strikingly similar to what was paid as a county commissioner. Ethics, the lapses and gamesmanship are not confined to the county commission, perhaps the rank response from county commission is really a response to the manner in which they have been strongarmed by Ragsdale and his political operatives, threatening their districts with no additional funding for stuff we really don't need anyway and offering up challengers to the commissioners in their own races.
With the News-Sentinel wearing the cap of the wronged public in a civil suit to set aside the civic wrong played out last Wednesday, I would hope that they would take a long hard look at the complete landscape of governmental brinkmanship and misguided efforts, such that the newspaper may regain some of the lost credibility as it has been played as a pawn in these factional fights for way, way too long.
Posted by: Old Hickory at February 6, 2007 08:53 AM
Giardian angel
I do not see how Jack McElroy has become a White Knight overnight. Neither do I see how Mayor Ragsdale has become a White Knight either.
When you polarize every circumstance into absurdity before thinking about it, you often end up baffled and incapable of coherent conversation. But at least you stay loyal to the pinhead on which you stand.
Sometimes I don't know if
These things aren't mutually exclusive.
____________________________
Recursive blogwhore.
Then the Mayor appointed a
Then the Mayor appointed a Blue Ribbon committee to study the ethics of the appointment process. Not anything other than the appointment process, just the appointment process. Go figure. You would think the ethics committee could look at many different things.
Look I'm not a Ragsdale defender, but you're irrational on the subject. This is not what happened. Ragsdale appointed an ethics committee, as he was required to do under the law commission itself just passed. Yeah, he used the timing for his political advantage. So he's a politician. Catch me, that's giving me the vapors.
And it's not true that the Committee is only looking at the appointment process. Read Ragsdale's letter. He says the committee should start by looking at hiring practices in his office. That's also a shrewd political move, because it deflects the criticism you're trying to levy.
But once again, you're just wrong on the facts.
I would love to be wrong
And it's not true that the Committee is only looking at the appointment process. Read Ragsdale's letter. He says the committee should start by looking at hiring practices in his office. That's also a shrewd political move, because it deflects the criticism you're trying to levy.
I read his letter and linked to it yesterday. I know what the letter says. You should be an expert by now in this double speak.
This is the most masterful turn around in recent political history in Knox County. It wouldn't have been possible without Scoobie, Lumpy, and the KNS. A full blown political war with the taxpayers in the crossfire. Just great.
Will the Committee investigate the Tyler Harber events? Will they suggest that the Mayor pay back the $70,000 Tyler Harber took from the County to do Ragsdale's political work?
Will they investigate Ivan Harmon's charge of blackmail?
Any bets?
I wonder who the Chair of the Committee will be? Phil Harber? Mark Harmon? Mike Hammond?
We agree that politically Ragsdale can be brilliant. Execution is his weak spot. His Lieutenants are also a weak spot. I do respect his ability. I just wish he would use that ability to help the people instead of his political machine.
Phil Harber?
Who the hell is that? Some weird love child of Phil Ballard and Tyler Harber?
You should be an expert by now in this double speak.
Yeah, I picked up this skill in preparing for my new "job" with the "waterfront commission."
Just a typo.
Who the hell is that? Some weird love child of Phil Ballard and Tyler Harber?
It should have been Ballard. But nice to see you be so kind to one of the most decent people on County Commission.
It should have been Ballard.
It should have been Ballard. But nice to see you be so kind to one of the most decent people on County Commission.
Sometimes I don't know if you're just an ignorant ass or if you're a really horrid person. Either way, turning my feeble attempt at a joke at your expense into me somehow beating up on Phil Ballard is just disgusting.
For the record, I've know Phil Ballard since we were in high school. He is a decent guy, although it's not clear yet what kind of Commissioner he will make.
You, on the other hand, wouldn't know decency if it bit you on the ass.
Stick to your day job, comedy is not your thing
Sometimes I don't know if you're just an ignorant ass or if you're a really horrid person.
Your upset at me because you blew the joke? Grow up. It was in poor taste regardless of the target.
For someone that holds decency in such high regard you fail to understand that insulting people is not the actions of a decent person.
You are backsliding on your promise. Do you really want to have a discussion about behavior?
Let's support the *citizenry's* agenda
Not to pile on, #9, but I have to agree with the others, especially gemini.
My thought is to just shoot down these shumcks (think I'll make that *my* word of the day)one-at-a-time and concentrate on the citizenry's agenda, not theirs. If Ragsdale should temporarily benefit from requesting a special election, so be it, but it doesn't make me feel like a serf.
Issues will come and issues will go, so shifting alligences, seems to me, will always be part of the process of participation. The task, I think, isn't so much one of being consistant to people, but of being consistant toward a goal.
In this case, Ragsdale appears eager to work toward one of the citizenry's goals, namely a more transparent, more participatory local government. I don't give a flip what he hopes to get out of it. For the moment, he's workin' for me!
Appears is the key word
Issues will come and issues will go, so shifting allegiances seems to me, will always be part of the process of participation. The task, I think, isn't so much one of being consistent to people, but of being consistent toward a goal.
In this case, Ragsdale appears eager to work toward one of the citizenry's goals, namely a more transparent, more participatory local government. I don't give a flip what he hopes to get out of it.
George Korda said this would happen. He said it would take six weeks on Hallerin Hill's radio show. Even I am surprised at the speed of this turnaround.
All this shows is how powerful the News Sentinel is and how impotent blogs are. Especially KnoxViews. As long as Hartman and McElroy block for Ragsdale people will be sheeple. Randy praises Jack McElroy who gutlessly skewered him less than a year and a half ago. Beanster now has an open mind on Ragsdale? You have to wonder if we should be looking in the garden for large pods. Is this the “Invasion of the Body Snatchers”?
Has KnoxViews become k2k?
Ragsdale is consistent towards the goal of being Governor. I am surprised at how many have been fooled. Some people that I thought could see through this subterfuge were also fooled.
Some of you need to do a gut check. Did Hutchison dominate in the 1/31 attack on Knox County Government. Damn straight he did. Did Hutchison’s Lieutenants screw up the way Tyler Harber usually did? That is clear to the most casual observer.
Because the execution was so flawed and so sloppy and so over the top that even Ragsdale could look good. Ask yourself the bigger questions. What hangs in the balance? A budget from Hell and the specter of Metro Government. If I didn’t live here I would be laughing.
Wake up and smell the coffee.
Is it just a little unusual that the News Sentinel has comment sections everywhere to skewer Hutchison when those comment sections are never there for either Mayor Ragsdale or Mayor Haslam? You don’t find it a little odd that the letters to the Editor today are all against Hutchison and the 1/31 debacle?
Grow up. You are being played. When the counterbalance of Hutchison is gone you will understand why divided government was crucial to Knox County.
Tamara writes, "I don't give a flip what he [Ragsdale] hopes to get out of it. For the moment, he's workin' for me!"
You will care. By then it will be too late.
This episode is titled, "The Empire Strikes Back".
weak link
A blog is only as impotent as its most shrivelled nutsack.
Does the sheriff pay you to shoot blanks?
I feel sorry for you
It must be sad to be so small. You must have been something in the fourth grade. All you have now are insults. The impotency of a blog is measured by the number of government apologists.
Welcome to k2k Rev. 2.
The back button is the one
Welcome to k2k Rev. 2
That's hilarious.
The back button is the one at the top there shaped like a left arrow.
Alt+F4 is quicker. Or Cmd-Q
Alt+F4 is quicker.
Or Cmd-Q if you're on a Mac.
____________________________
Recursive blogwhore.
#9, I have defended Tim
#9, I have defended Tim Hutchison as many times over the past 17 years as I have hairs on my head. Given that I'm pretty hairy, that's a whole lot, and I've done it out in the open under my very own name, if you get my drift, which you will refuse to do (hell, I've even defended your sorry ass on this very blog, more times than I can count).
I've taken the old bayonet in the breadbasket for Hutchison (you think it was popular to work at Metro Pulse and stick up for Hutchison?) not because my brother-in-law needs a job or to get somebody out of jail. I did it because I thought he was a good cop, and because I understood the dynamics of the attacks that Victor Ashe launched on him oh, so long ago -- and maybe because I'm a bit of a contrarian (big newsflash)
I have also gone after the Ragsdale administration when I thought they were wrong.
But I believe that what Tim orchestrated last week was wrong. And wrong is wrong, no matter who's doing it.
I work for a living, but I'm nobody's tool, and I try to call 'em as I see 'em.
What is so hard to understand about that?
Nine, settle down a little
Good people can do bad things, and bad people good things. Try to think of it this way.
>What is so hard to
>What is so hard to understand about that?
I don't know. But, whatever it is, it's no doubt Ragsdale's fault.
Or the New Urbanists.
Kind of a toss up in the Ninth dimension.
Okay, reasonable people can disagree.
I work for a living, but I'm nobody's tool, and I try to call 'em as I see 'em.
What is so hard to understand about that?
I see a lot of political maneuvering here at a time when this County can least afford it. Also I am both frustrated and amazed at how Team Ragsdale can manipulate the media and the public.
I wanted a Special Election but it wasn't to be. It couldn't be. I didn't like Herb's lawsuit and I don't like Jack's lawsuit.
There are going to screw up this budget. We would not be here if it wasn't for the "Hell no we won't go five", Weaver, the Supreme Court, Herb countless times, and now we are doing rinse and repeat?
Have any of you looked at the County budget? The time to screw around is long over. This is the same crap the Federal Government did over a decade ago.
You will not like the outcome. But we probably deserve what we get. When only one in four votes this is what happens.
When only one in four votes
When only one in four votes this is what happens.
One in five. Actually, less than that.
rev. 2
Wait, I get it. Ragsdale is paying you to make Hutchison supporters look like brainless tools.
Is that you, Cohen?
you will understand why
you will understand why divided government was crucial to Knox County.
I'm not exactly clear on how Hutch Republicans v. Ragsdale Republicans is "divided government"?
At any rate, are you saying you don't think there should be special elections? You don't think there should be an ethics committee? You don't think the Mayor should appoint a couple of reasonable commissioners to it? You think the Sheriff should run Knox County instead of the Mayor and County Commission?
News flash: It's OK to occasionally agree with people you don't usually agree with, especially when they are on your side of an issue.
Special elections et al
I'm not exactly clear on how Hutch Republicans v. Ragsdale Republicans is "divided government"?
At any rate, are you saying you don't think there should be special elections? You don't think there should be an ethics committee? You don't think the Mayor should appoint a couple of reasonable commissioners to it? You think the Sheriff should run Knox County instead of the Mayor and County Commission?
So if Ragsdale had gotten his way do you think we would be here now? When ever something doesn't work the way Ragsdale wants he has to send Timmy and Jamie to Nashville to ask for special permission to change the law? Is that leadership?
I have to think about Ragsdale Republicans. Something doesn't seem right with the idea Ragsdale is a conservative. Or course maybe that is what the new Republicans are. You might want to review the budget before you make any judgements.
So we only have an ethics committee after Scoobie sticks the plug in wrong and gets a shock? Harbergate never happened did it? Only when Scoobie overplays his hand does the ethics committee come out. How convenient.
I have no idea who is running this County. The developers? That seems to be the clearest answer. I am glad to see that you feel people can change. So Ragsdale got religion in one week?
Well, good for you, the ability to forgive is Divine.
The best thing for all concerned would be to have the ethics committee, have the vote in County Commission, and for Scott Moore to resign.
Why? Because the ethics committee will accomplish nothing, the vote in County Commission will not pass. There will be no vote in Nashville. And at some point we do need to get started on the budget.
But noooo, this is good for area Democrats so to hell with the operation of government. I don't care about either party. County Commission should be non-partisan just like City Council. Won't happen but it would be better.
There is no provision for a special election and I now understand where Chad was coming from. This will at some point interfere with the daily operation of County Government.
Moore did this and he should accept the responsibility for the ham handed way it was done.
New word, continuing resolution. That is what happens when government breaks down.
Other new word, fund balance management. Werner runs this budget tight and without a new budget it will be unpleasant.
Don't you love it when politicians play chicken with your government?
So we only have an ethics
So we only have an ethics committee after Scoobie sticks the plug in wrong and gets a shock? Harbergate never happened did it? Only when Scoobie overplays his hand does the ethics committee come out. How convenient.
I thought it was mandated by state law?
Randy is correct: the legislature mandated the ethics law
County Commission passed it on the January consent agenda,on. which means it was unanimous, and without debate.
The ethics committee was going to happen anyhow, and has nothing to do with Bailey or Jordan or any other judiciary acti
News to me.
County Commission passed it on the January consent agenda,on. which means it was unanimous, and without debate.
The ethics committee was going to happen anyhow, and has nothing to do with Bailey or Jordan or any other judiciary action.
Maybe if they had some debate I would have known. They way business is conducted in County Commission it is difficult to know what happens because you can not see Intergovernmental and Finance Committees, yet.
So then why are four of the five County Commissioners? Was that mandated also by the State?
Lookup Tennessee Ethics
So then why are four of the five County Commissioners? Was that mandated also by the State?
Lookup Tennessee Ethics Commission. They have the enabling legislation. It requires every county and municipal government to adopt an ethics policy.
I belive a county could adopt a statewide provided model and be automatically certified as in compliance. I believe this is what Knox County did.
Can't find a copy of the model or the "as adopted" policy on the interwebs anywhere, though. I believe Tamara Shephard was working on getting a copy maybe?
Ethics Code
We adopted the model word for word.
Here's a link.
(link...)
Mark Harmon
Thanks, Mark! Dang, I looked
Thanks, Mark!
Dang, I looked all over the CTAS website and apparently everywhere except under "Spotlights".
Looks like I was wrong on several levels
We adopted the model word for word.
Here's a link.
http://www.ctas.utk.edu/public/web/ctas.nsf/FrontPage?readform
A question for Commissioner Harmon or Tamara Shepherd, as I read this the Committee has a very wide latitude. Is that correct?
It also appears that the Committee responds to complaints. Will there be a period for citizens to lodge a complaint? For example, if a citizen wished to lodge a complaint that Tyler Harber was paid for services never performed then the Committee would have jurisdiction to investigate and remedy this complaint?
Retroactive complaints not likely
(Sorry, #9, I left the house for a bit.)
It's my understanding that no law may be enacted to retroactive effect. (That's why the term limits referendum didn't become effective until the '06 elections, allowing Commissioners serving at the time of the referendum to compete in two more elections, '98 and '02.) I wouldn't imagine, then, that the Ethics Committee could "reach back" to investigate Harber.
However, under Section 2.02, Item H, of the Knox County Charter, *the full Commission* is given authority to conduct investigation of "any allegations of violations of the Charter." They may hold public hearings, subpeona witness, and administer oaths in this capacity, it says. A 2/3 majority vote of the full Commission is required to do so.
Whether Tyler Harber or Ragsdale violated provisions of the Charter, I certainly couldn't say. Lumpy Lambert, I guess you'll recall, seemed to think so and wanted to open an investigation under this section of the local law.
Lumpy Lambert is the last
Lumpy Lambert is the last person on that commission who should sponsor an ethics request. Well, maybe the next to the last. Or the third from the last, or the fourth....
Failure to adopt Ethics Policy/Committee = Ouster
#9, Randy and Betty are right--the County Ethics Policy adopted by Commission last month was mandated by last year's Comprehensive Governmental Ethics Reform Act (that's TCA 8-17-101,if you want to read up). Both the adopted policy *and* the five-member committee must be in place in every TN county by June 30, 2007.
Understand that failure to get this task done by June 30 subjects Commissioners to ouster.
It's not a ploy, it's the law.
That's cool.
It's not a ploy, it's the law.
I did not know. My apologies to the County Mayor.
Whew...
That Cohen's a wild ride, isn't he?!
Commissioners on ethics committee...
I dont think any commissioners should be on an ethics committee. Past or present. I think it should be an independent entity with no past or present ties to local or state government.
Over the years I felt the editorials in NS were slanted toward folks I thought the editor kibbitzed with at cocktail parties. I felt their candidate endorsements looked a bit suspicious. I would have liked to have seen more research done and presented on all the candidates in every election. I would still like to see that.
Ragsdale seems as easily manipulated as most local politcos by developers.
I am glad the NS is pursuing this in a way an individual is unable to without significant resources.
I will still figurativly sleep with one eye open around Ragsdale and NS, but this time they are doing something potentially useful.
Is this Groundhog Day?
Is this Groundhog Day?
Is this Groundhog
Is this Groundhog Day?
____________________________
Recursive blogwhore.
Groundhog Day
Who's playing the part of Bill Murray?
Not my kind of philosophy
News flash: It's OK to occasionally agree with people you don't usually agree with, especially when they are on your side of an issue.
The enemy of my enemy is my friend.
Sorry, that may be okay for you but I don't see it. I don't understand surrendering a principle for an issue.
All that does is continue this ad infinitum.
I still say more would be accomplished if the citizens removed a member of Commission than to agree with people who straddle the law and skirt the rules.
I don't understand that kind of political expediency. These people work for us and they don't understand that.
Ragsdale is consistent
Ragsdale is consistent towards the goal of being Governor.
I thought that was Haslam.
BTW, why do you keep yapping about stuff you haven't bothered to read? I've read about the Ethics Committee composition in at least 3 different places this week. For example, from Ragsdale's letter to Scoobie:
Knox County’s Ethics Policy requires that the Ethics Committee be composed of
A. At least three members of the County Commission;
B. One (1) constitutional office holder; and
C. One member of a board, committee, commission, or other instrumentality
governed by the policy or another county commissioner. I am nominating the
following persons to serve on the Ethics Committee:
• Commissioner Phil Ballard
• Commissioner Mike Hammond
• Commissioner Mark Harmon
• Commissioner R. Larry Smith
• Ms. Martha Phillips, Criminal & Domestic Relations Court Clerk
BTW, get around to reading that form-based code yet? It goes to MPC Thursday and I'm sure you'll want to be there to tell them all what's wrong with it.
Moore said other
1) Did anyone else see the memo from Ragsdale to Moore with cc: County Commission on the KNS website?
I'm just curious, is he really this stupid? And 2), does he accuse the Mayor of violating the same law that he violated? So, he's admitting guilt?
In Ragsdale's recent past...
Ridiculous: "I'm just curious, is he really this stupid? And 2), does he accuse the Mayor of violating the same law that he violated? So, he's admitting guilt?"
I'm thinking they're *all* that stupid! It wasn't that long ago that I've forgotten Ragsdale coming under fire for meeting in someone's Farragut home with parents to discuss the need for a new west Knox County high school.
And what was Bud Gilbert's function at this press conference, anyway? Did he offer his opinion at this subsequent press conference on the potential for a special election under state law? Wish Barker had given us a little more info here...
When I listened to the
When I listened to the entire press conference I heard someone ask about Bud Gilbert; Ragsdale replied that he was a friend/consultant or something like that. I never heard anything else - I didn't even know he was still in K-town.
I don't think I understand about the meeting in someone's home with parents, nor do I remember it. Is that a violation of the act as well? Or just people griping?
Don't you think Moore's statement sort of incriminates himself?
Farragut meeting/Self-incrimination
Yes, Ragsdale's parent meeting was a violation of law as most saw it, although he countered that he was only trying to be accessible to this angry group.
It took place in someone's Farragut home, what, 3 or so years ago? This was, of course, prior to enactment of the wheel tax increase of another $30 per vehicle, and also prior to Commission underwriting the cost of the new high school ultimately begun.
Wheel tax opponents took exception to the closed meeting, claiming it's agenda was less a forum for parents' beefs about overcrowding at Farragut High and more a forum for Ragsdale to pitch his wheel tax. In the end, it *was* west Knox County that enabled passage of the increase.
As for Moore, I certainly do think he incriminates himself! The pot-calling-the-kettle-black methodology really isn't going to lessen his troubles any, I wouldn't think.
Farragut Mike isn't covered
Farragut Mike isn't covered by the open meetings act. From the paper's coverage, it has to be two or more folks from the same elected group.
Re: Ethics Committee
Our ethics policy reads that "Questions and complaints regarding violations of this Code of Ethics or of any violation of state law governing ethical conduct should be directed to the chair of the Ethics Committee. Complaints shall be in writing and signed by the person making the complaint, and shall set forth in reasonable detail the facts upon which the complaint is based."
"The County Ethics Committee shall investigate any credible complaint against an official or employee charging any violation of this Code of Ethics, or may undertake on its own initiative when it acquires information indicating a possible violation, and make recommendations for action to end or seek retribution for any activity that, in the Committee's judgment, constitutes a violation of this Code of Ethics."
The document also lists selected state laws with ethics components.
So, it seems certain anyone can file a complaint, once we have the committee and a chair of it named.
Who attended Farragut meeting?
Hooties: "Farragut Mike isn't covered by the open meetings act. From the paper's coverage, it has to be two or more folks from the same elected group."
I was aware that the law was directed to meetings of two or more officials, of course, but I can't recall who that second person in attendence was. It must be that someone else was along (a commissioner?), because I'm certain that the allegation leveled was one of an open meetings violation. In that context, the law *would* apply to Ragsdale, or any other twosome. Anybody remember?
Just caught ya, Hootie
Oh...just caught your meaning, Hootie. You're saying the county mayor is a group of one, so a commissioner's coming along on a meeting like this isn't a violation? Hmmm. Think I'll try to find the statutes somewhere.
I have just this vague recollection of a stink...
Hootie's right. Law applies
Hootie's right.
Law applies to two or more members of the same body.