Posted on 01/12/2007 10:10:52 PM PST by SmithL
Knox County Sheriff Tim Hutchison will have to turn in his badge.
Eight members of County Commission - including its only woman - will cast final votes.
The trustee, register of deeds and county clerk will leave their jobs in the hands of untried successors.
In a sweeping decision, the Tennessee Supreme Court on Friday unanimously upheld Knox County's charter and its term-limits provision. County officials, with the exception of school board members, court clerks and judges, can serve no more than two terms.
That means a dozen elected officials - Hutchison, Register of Deeds Steve Hall, Trustee Mike Lowe, County Clerk Mike Padgett and Commissioners Mark Cawood, John Griess, John Mills, Diane Jordan, Larry Clark, Billy Tindell, Phil Guthe and John Schmid - will have to leave office.
The ruling directs County Commission to fill the spots, though it's unclear if the full 19-member commission or only the 11 members keeping their seats would vote for the replacements.
"The voice of the people of Knox County has finally been heard. This is a huge win for the people," said lawyer Herbert S. Moncier, who represented Schmid in the legal proceedings.
Schmid fought for the charter's validity, even though the application of term limits would cost him his commission seat.
Tindell, who in his 37th year is the longest-serving commissioner, said, "I've taken it in stride. I thought it was a very broad decision. There's just so many unanswered questions right now how to proceed."
Lowe questioned whether the ruling disenfranchised the citizens who voted for him and the other affected officials. He said the legal battle over term limits could continue.
"We can't know what will happen," Lowe said. "There might be a federal lawsuit. I won't go down that road, but somebody else might. This thing is far from being over."
Knox County Chancellor John Weaver tossed out the charter last year in a lawsuit filed by five county commissioners.
The high court's unanimous opinion, written by Justice Gary R. Wade, upheld parts of Weaver's ruling while rejecting other parts.
Like Weaver, the justices found flaws in the charter, both with its content and the procedures followed by county officials after its passage by referendum in 1988. They also found problems with procedures followed in the 1994 term-limits referendum.
But the justices essentially said those flaws don't matter.
"While Knox County failed to comply with the enabling legislation for instituting a charter form of government," Wade wrote, "since September 1, 1990, Knox County has been governed under a de facto charter with a county mayor, county commissioners and other de facto officers."
The justices defined "de facto government" as one "having effect even without a formal or legal basis."
Since 1990, Wade wrote, the county mayor and commission have been conducting the affairs of government. Citizens elected them and other officials, and those elected have performed their duties.
"We therefore hold that the Knox County charter established a de facto form of government," Wade wrote.
As for term limits, the justices put great weight on the "collective intent" of the people when they passed the term-limits referendum. The referendum called for term limits on all Knox County offices.
The voters, Wade wrote, "overwhelmingly approved the amendment despite the uncertainties as to its application and the questionable wisdom of limiting the terms of county officials exercising purely administrative roles. The term limits provision meets constitutional muster, and its intent must be applied to the extent possible."
State law, Wade wrote, prohibits term limits on school board members, and court clerks are exempt because, as members of the judicial branch, they are covered under the state constitution.
The 1977 state constitutional convention gave counties broad powers to replace the form of government outlined in the constitution and replace it with a new government outlined in a charter.
Knox County voters approved a charter in 1988 that took effect Sept. 1, 1990. Though voters overwhelmingly approved term limits in 1994, those limits were never enacted because an opinion by the state attorney general questioned their constitutionality.
The state Supreme Court, though, ruled last year that a term-limits provision in Shelby County, which is also governed by a charter, is valid. The Shelby County provision only applies to the county mayor and commissioners.
In response, Knox County Commissioners Jordan, Tindell, Guthe, Griess and former Commissioner David Collins filed the lawsuit that wound up in Weaver's court.
Weaver ruled that the charter didn't contain the names and functions of many county offices, as required by state law. The Knox County Election Commission didn't certify the vote, nor did it send a copy of the charter to the Secretary of State's Office.
Those flaws, Weaver ruled, invalidated the charter and its term-limits provision.
The Supreme Court came to a different conclusion.
But the justices also pointed out the irony of voters approving term limits and then re-electing officeholders for three, four or more terms.
"While the limitations concept may be worthy, at least in theory, its application to popularly elected individuals, who have demonstrated competence and professionality in their service to the community and who remain the people's choice for an office, is trying," Wade wrote.
Padgett, who's been Knox County clerk for 21 years, seemed resigned to his political fate on Friday.
"As of right now," he said, "I'm looking for a job."
Knox County voters approve a charter, which allows the county more autonomy from state government.
1990
Knox County's charter goes into effect.
1994
Knox County voters overwhelmingly approve a charter amendment installing term limits for all county officials. The provision is never enforced because a state attorney general was unconstitutional. Candidates subject to term limits are never challenged in court.
March 29, 2006
Tennessee Supreme Court upholds term limits in Shelby County, which, like Knox County, operates under a charter with a term-limits provision.
March 30
Knox County Law Director Mike Moyers tells the Knox County Election Commission that a Supreme Court ruling means term limits, at least for county commissioners, are valid. Twelve incumbent Knox County commissioners would be ineligible to hold office under that interpretation.
March 31
The Knox County Election Commission declines to remove from the primary ballot the names of the 12 commissioners in danger of losing their seats because of term limits. The state election coordinator told election commissioners that they had no authority to alter the ballot less than 40 days before the election.
April 3
Lawyer Herbert S. Moncier asks the state Supreme Court to rule on whether Sheriff Tim Hutchison is subject to term limits. The high court declines to intervene, and Chancellor John Weaver sinks Moncier's attempt. In his ruling, Weaver questions the validity of the Knox County charter.
April 11
Weaver rules that the primary ballot would remain unchanged.
April 19
Five county commissioners in danger of losing their seats because of term limits - Diane Jordan, David Collins, Billy Tindell, Phil Guthe and John Griess - file a lawsuit in Weaver's court challenging the validity of the Knox County charter.
May 2
An unprecedented number of write-in candidates vie for several offices in the county primary. So many paper ballots are used that it takes more than a day to count the votes. Three commissioners at risk because of term limits lose; the nine others win their primary contests.
June 9
Weaver tosses out the charter. He rules the charter "incomplete, invalid and ineffective." He also says the term-limits provision is too broad and notes that the charter wasn't properly filed with the state.
June 12
Knox County Mayor Mike Ragsdale announces his plan to ask Weaver for additional time so the county could revise the charter to address issues raised in the ruling.
June 12
School board candidate Thomas Deakins challenges runoffs in school board elections. State Election Coordinator Brook Thompson rules that runoffs can go forward as scheduled.
June 13
Ragsdale names a 19-member Charter Review Committee to draft amendments to the charter that address Weaver's concerns.
June 14
Knoxville lawyer Gregory P. Isaacs challenges the commission's February appointment of General Sessions Court Judge Jimmy Kyle Davis. A panel of General Sessions Court judges dismisses Isaacs' motion.
June 19
County Commissioner John Schmid files a notice to appeal Weaver's decision minutes after his colleagues vote to endorse Ragsdale's approach.
June 20
Knox County law director's office formally asks Weaver for a 180-day window so the county can revise the charter.
June 21
Senior U.S. District Court Judge James H. Jarvis announces he will ask the state Supreme Court to rule on the charter's validity so he can hear a case challenging Knox County's adult business ordinance.
June 28
Weaver grants the county's request for a delay of 180 days or until appeals are exhausted. The county subsequently files an appeal and later asks the state Supreme Court to expedite the case. Meanwhile, Jarvis officially asks the state Supreme Court to determine whether the charter is valid.
Sept. 6
The state Supreme Court hears arguments for and against the charter's validity.
Nov. 7
Voters approve changes to the charter proposed by the Charter Review Committee to address Weaver's concerns.
Jan. 12, 2007
The state Supreme Court rules that the charter and its term-limits provision are valid, despite their flaws. The high court directs County Commission to replace 12 officials who must lose their posts because of term limits.
If that's the case then I at least hope that requires new elections and Tyree doesn't win sheriff by default. Knox County got taken to the cleaners over the 82 Worlds Fair he pushed for.
Hey look at this Gore and Tyree are from the same town Tyree was born in Carthage. Look at Randall Tyree in the political graveyard.
Schmid fought for the charter's validity, even though the application of term limits would cost him his commission seat.
The feel-good story of the day. You are a hero, Mr. Schmid.
A note here. The sheriff had won office by the vote of the people since 1990 including this past general election 2006. He was the longest serving sheriff in the county and likely one of the best as well. Hopefully the one who ran against him does not win by default because he would not by any means have been the peoples choice even many of the DEMs voted against him. His term as Mayor nearly bankrupted the city and county by pushing for a pie in the sky Worlds Fair which was a complete disaster for all involved.
As I mentioned on an earlier thread, I'm not sure that term-limits are a good idea.
However, after the citizens of Knox County selected Charter government for themselves, the professional politicians had no business trying to invalidate the entire charter, just to save their own jobs.
Those politicians (both Democrat and Republican) that filed suit should be barred from ever holding public office again.
And Knox County Chancellor John Weaver should be tossed out of office, too.
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