| The Rhea County News Paper |
| "Rhea County's REAL Information Source" |
Like that old saying goes, “what part of no don't you understand”...well, the same logic
can be applied to the Dayton City councils apparent stonewalling the replacement of Jim
Barnes’ vacated council seat. Graysville recently had two commissioners resign and
guess what? Yep, you guessed it, THE REMAINING COMMISSIONERS VOTED IN TWO
GUYS TO REPLACE THEM. Sounds real simple doesn’t it?
Jim Barnes, who served the council as vice-mayor died November 13, 2007 leaving his
council seat vacant. The Dayton Charter is really very simple in the procedure in which
the remaining council members elect a new council person to fill the vacancy. Again
folks, this isn't rocket science. As simple as this may sound, the concept to fill the vacant
seat is either too hard for the remaining four council members to grasp, or there is some
sort of back room wheelin’ and dealin’ going on and trying to justify the procrastination
with propaganda.
Ever since Jim’s death, Mayor Bob Vincent seems to be doing everything he can to
change the Dayton Charter. Why?
Vincent also seems dead set on the position that sitting on the council is somehow a
“hardship” for someone who isn’t retired. Well now, according to that mindless
reasoning, does that mean that the mayor is saying that since Councilman Bobby Doss
works for a living that he is essentially “burdened” and not fit to sit on the council? Does
Bob Vincent actually think you people are that ignorant? What a lame excuse for doing
so much work to do no work at all.
So just what is it that Mayor Vincent is truly trying to obtain? Would he be so eager to
have a charter change if he knew he could never be elected mayor? I seriously doubt it, I
really do.
Mayor Vincent’s past actions, as well as his present, has caught the eye of an
assortment of people who in turn have brought various matters of concern to the
RheaCountyNewspaper.com’s attention. Naturally, it can be reasonably assumed based
upon past practice that the Herald-News will not print the stories that need printing. It
seems that whatever they do print it is printed with some sort of agenda. We like to call
such activity, "butt-sucking". Then again, that's just us...
Take Rep. Jim Cobb for example. Time after time we see letters to the editor plastered in
the Herald-News stating how good a “friend” he is, or how great of a representative he
is. Perhaps Cobb’s political opponent Jim Vincent of Soddy-Daisy simply has no
support in Rhea County or the Herald-News is tossing his support letters in the trash. Is
that why they aborted the Sound Off section of their newspaper? What's the skinny on
that? Could someone please e-mail me and let me know?
Speaking of copycats, did the Herald-News change their web address to mimic this
newspapers web address?
I mean, we find it flattering how they went from www.Rhea.xtn.net to www.
RheaHeraldNews.com and then say that it better serves you, their loyal readers. Maybe a
more appropriate name would be www.blowsomemoresmokeupmyyingyang.com.
Yep, they may proclaim to be Rhea County’s OLDEST newspaper but we proclaim to be
Rhea County’s NEWEST newspaper!!! Thanks for the “click” numbers folks… we really
do appreciate it as well as the feedback, both negative and positive.
Continuing, was the Sound Off section in the Herald-News aborted due to them not
wanting to print the anonymous concerns of their readership? Is this what the “free
press” has eroded into? Do butt-suck letters of certain people get attention while other
legitimate letters are discarded? Is that true?
Okay, enough of this rambling about Jim Cobb because he is not YET the focal point of
this constant evolving story which by the way is like trying to untangle a spiders web.
Mr. Cobb may be a good fellow and all of that pre-election day crap, but after all, he does
sit and watch the county commissioners vote and refuse to hear any input or allow
people to speak until the very end of the meeting. Why is that? Why is it that the
commissioners refuse to allow YOU to speak on issues until AFTER they vote on it? Do
you think it could be because they know that nobody hardly ever attends those
meetings unless it is a topic of discuss that directly effects THEM.
Does Rep. Cobb endorse the silencing of the very people in the very county he
represents? He claims to be a veteran yet he watches as veterans cannot even speak on
issues that effect them until the commission has already voted? And what's with the
picture of him looking like Moses descending from the clouds? What is that? Someone
please write and let me know, please. Obviously I am not so easily impressed.
Also, why is it if Rep. Cobb is such a patriot we can look on page A-10 of the April 16,
2008 edition of the Herald-News and see him leading the Republican Party audience in
the Pledge of Allegiance, yet appearing to be looking down reading something. We
clearly see him with his eyes not toward the flag, but looking down toward the podium.
Did he not even know the words to the Pledge of Allegiance and therefore had to read
the words from a cheat sheet? Who knows, right?
Now, back to the subject at hand --- We have the Dayton council under the persistent
leadership of Mayor Vincent doing things that sound totally stupid. For example, Mayor
Vincent all but says you can’t get a decent Fire Chief for a paltry $38,000 a year so he
jacks the pay up to $50,000 a year. Instead of promoting Bo Kaylor, a good man who has
been involved with the fire department in some sort of capacity for many years, he was
not seriously even considered for the fire chief job. In fact, the dude that got the fire chief
job was the person who never even applied for it. If he did then it was one helluva secret.
Chuck Suttles, a city policeman got the job.
So then I guess Bo Kaylor got promoted to Assistant Fire Chief, right?
WRONG.
It seems that Dayton City Manager Frank Welch gave the fire chief job to Suttles and then
turned around and hired another cop to be the assistant chief making more money than
Bo. Then Welch apparently booked out of town… Maybe Frank Welch has been there
way too long and needs to move on out as well. One thing to his credit is that he sure
gives a new twist to the term NEPOTISM…
Wait a minute… Is that true?
You mean Fire Chief Jack Arnold resigned from his job and a police officer who nobody
even knew wanted the job, not only got the job, but got a whopping pay increase to
$49,000 a year salary? And who recommended this vast pay increase? Oh, I nearly
forgot, it was Dayton's great leader Mayor Bob Vincent. By the way, just how many fires
does Dayton have in any given year? What's wrong with a 15 year old truck if it has only
like 5,000 miles on it? Get real...
The poor fellows at the county volunteer fire departments get $3,500 a year from the
county and are forced to rely on yard sales and fund raisers just to get by. These county
volunteer fire fighters are heroes. Here we have Bob Vincent wanting half-million dollar
fire trucks, a new mayor position, paid council, more people authorized to sign city
checks, selling off city land at discount (go figure) and now he seems to be using the
death of Jim Barnes to benefit himself. Is that called “unjust enrichment”? Is that even
legal?
If Bob Vincent was a Rap singer his stage name could be... well maybe I should keep this
professional...
I swear folks, It is hard to sit down and write out a story and try to report the true facts. It
would be so much easier for me to type out a butt-suck letter saying how great these
dudes are. But then again, my name isn’t Mr. Water, and I do not follow the path of least
resistance. Besides, Mayor Vincent is more than welcome to debate any of this. In fact,
our top researcher, former Constable Roy Denton says he will gladly debate Bob Vincent
on any topic, at any time, at any forum. In fact, he is helping me write this snake bite of a
report. E-mail him about it...
In any event, Moses, I mean Jim Cobb will be submitting a Bill in Nashville to change the
Dayton charter. If anyone happened to notice, the front page headline story in the April
23rd edition of the Herald-News, Mayor Vincent blurts out these words…”Jim (Jim
Cobb) and John Heath (vice mayor) and I (Bob Vincent) have been talking
back and forth quite a bit on this”.
What the heck was Mayor Vincent thinking?
Is Bobby Doss and Billy Graham not councilmen anymore? Did they quit or just get left
out of the discussion?
What does he mean when he says he is discussing city business with just him, Jim
Cobb and one other councilman?
What happened to the rest of the fellows?
Is Mayor Vincent brazen enough to say that John Heath and him settled the issues
pertaining to charter changes without the other two councilmen not knowing? Is that
even ethical? Is it legal? Someone please tell me. Mayor Vincent says that the changes
made were “pretty insignificant”. Yeah right.
Isn’t him talking city business without being in a public meeting a Sunshine Law
violation?
Well folks, the truth of the matter is this… The entire charter discussions that originated
at a special called meeting on January 30, 2008 were conducted in what appears to be a
violation of the Sunshine Law. That is our position and we intend to follow this through
because if these guys want to serve the public then fine, serve the public. If they want to
squeeze the Dayton residents and conduct private business ignoring the laws and rules
that they MUST follow, then they are openly insulting YOU, especially the residents of the
city of Dayton.
This story is only the beginning of many more to come.
In fact, Roy Denton has volunteered (yep, he must indeed be crazy) to ask Bobby
Vincent to clarify a few things or resign. We will print the letter once he mails it, or hand
delivers it. Absent Vincent’s resignation, a rally of people are gearing up for a recall
election on him. Denton also volunteered for that task as well. As they say, there is a fine
line between bravery and stupidity…
Then again, with $1,300 a month insurance premiums for the Mayor, over a million bucks
a year just in other insurance premiums while the residents of Dayton struggle just to
pay for gasoline, I really think a recall will be a block party.
Now, we invite you to read what we have gathered so far.
STATEMENT OF EVENTS
The Wednesday, Jan. 30, 2008 edition of the Herald-News printed a headline story that
the Dayton City Council was going to have a “special called” meeting to be held that
morning. A workshop was to be conducted at 9:00 a.m. followed by a special called
meeting at 10:00 a.m.. No other public notices of any kind were given concerning this
special called meeting other than this notice telling people of a meeting that was already
over before they even knew it started.
Brilliant...
Several people have stated that the meeting of the council on said date did not violate
the Sunshine Law because a “24 hour notice” was given. Our position is a story printed
in a newspaper and delivered the same day several hours AFTER the meeting was even
held is not “adequate public notice” as required BY LAW. Click here and read what
happened to the Knox County Commission.
Although the wording of “adequate public notice” is not expressly defined, it is certain to
mean that the public would at least have some sort of opportunity to attend the meeting.
The above referenced story as published in the Herald-News was NOT adequate notice
but was simply advising the public about a meeting that was to be had on the same day
as the newspaper story ran. The story essentially told the public of a “special meeting”
and by the time the public was even made aware of it, the meeting was already done and
over with and the damage already done.
Therefore, is seems rather clear that the meeting the Dayton City council had on the day
of Jan. 30, 2008 was a direct violation of the Tennessee Open Meetings Act. If that be the
case then the charter changes should be held as illegal and if the charter changes are
illegal then what does that make Rep. Jim Cobb if he submits an illegal Bill to the floor?
After all, before this story was printed the editor of this newspaper sent him an e-mail
seeking his response. No response was given so we are forced to draw our own
conclusions, right?
With this in mind, anything discussed at that meeting should be nullified and made void
and that a “Cure Meeting” in the very least be conducted, in order to bring the council
into compliance with the Sunshine Law. Absent such curative meeting, a civil action
could be brought against each councilman in Chancery Court for this violation of the
Tennessee Open Meetings Act. Wonder who could, or would, file such a lawsuit?
STATEMENTS OF FACT
News Article
Dayton City Council seat could be filled today
By: Max Hackett
Source: The Herald-News
01-30-2008
The Dayton City Council will hold a workshop this morning, followed by a special called
meeting, and could appoint a new member to fill the vacant seat on the council.
The workshop is scheduled for 9 a.m. Wednesday and the special called meeting is set
for 10 a.m. Both meetings will be in the Dayton Municipal Building.
Tennessee's Sunshine law makes these requirements of an "open" meeting:
That there be "adequate public notice" for each meeting, whether it's a regularly
scheduled one or a specially called one.
That all votes be public and not secret. They can be either by roll call or by each side
saying "yea" or "nay" in unison. Even when governments legally close meetings, they
must take all their votes in public.
That all meetings have minutes taken, be "promptly and fully recorded" and then be
subject to public inspection afterward. Minutes must include "a record of persons
present, all motions, proposals and resolutions offered, the results of any votes taken,
and a record of individual votes in the event of roll call."
The law itself does not define such phrases as "adequate public notice." Some states
have rules requiring 24-hour notices being posted at courthouses or in the local
newspapers, but not Tennessee. It seems that everything hinges on just what the
definition of "adequate public notice" is doesn't it? Surely being told of a meeting 2
hours AFTER it is over is adequate at all. Sneaky perhaps, but not adequate.
NOTICE OF MEETING IS REQUIRED
Any such governmental body which holds a meeting previously scheduled by statute,
ordinance, or resolution or a special meeting shall give adequate public notice such
meeting. T.C.A. § 8-44-103(a)(b). Circumstances of each case must be taken account in
determining adequacy notice of special meetings under Open Meetings Act. T.C.A. § 8-44-
103(b). Kinser v. Town of Oliver Springs, 880 S.W.2d 681, appeal denied (Tenn.Ct.App.
1994). Notice of meeting required by Open Meetings Act is sufficient as long as it gives
interested citizens a reasonable opportunity to exercise their right to be present at a
governing body's meeting; the notice need not invite public participation in a public
meeting in order to satisfy the Act's requirements. T.C.A. § 8-44-103. Souder v. Health
Partners, Inc., 997 S.W.2d 140 (Tenn.Ct.App. 1998).
PENALTIES FOR VIOLATING THE SUNSHINE LAW
Under T.C.A. § 8-44-105, the sanctions are severe. Any action taken at a meeting in
violation of the Act shall be void and of no effect, but nullification of actions taken at
such meetings shall not apply to any commitment, otherwise legal, affecting the public
debt of the entity concerned.
Statutory remedies of nullification and injunctive relief and penalties, among other
things, for violation of Open Meetings Act are not meant to be mutually exclusive. T.C.A.
§§ 8-44-105, 8-44-106. Zseltvay v. Metropolitan Government of Nashville and Davidson
County, 986 S.W.2d 581, appeal denied (Tenn.Ct.App. 1998). T.C.A. § 8-44-106 gives the
Court jurisdiction over the parties and subject matter for a year, with powers of injunctive
relief. The section states:
(c) The court shall permanently enjoin any person adjudged by it in violation of this part
from further violation of this part. Each separate occurrence of such meetings not held in
accordance with this part constitutes a separate violation.
(d) The final judgment or decree in each suit shall state that the court retains jurisdiction
over the parties and subject matter for a period of one (1) year from date of entry, and the
court shall order the defendants to report in writing semiannually to the court of their
compliance with this part.
CURING THE VIOLATION OF THE SUNSHINE LAW
A governing body that may have violated the Act may cure its violation by conducting a
subsequent meeting at which it ratifies the prior action. A cure meeting will not be
effective, however, unless the ultimate decision is made in accordance with the Open
Meetings Act, and it is a new and substantial reconsideration of the issues involved.
Neese v.Paris Special School District, 813 S.W.2d 432 (Tenn. Ct. App. 1990); Tenn. Op.
Atty. Gen. No. 00-095, 2000.
Well, there you have it folks. Remember, we are not lawyers. We are simply a few people
traveling down the same road who are capable of reading a book. Whether the book is a
law book, an Attorney General Opinion or whatever...we simply read and educate
ourselves and thereby attempt to educate YOU as to what things really are as opposed
to what they appear to be.
The illusion is fading and certainly there will be people who will be mad about it. To them
I guess we have to say, "we do what we do to entertain us, not them".
can be applied to the Dayton City councils apparent stonewalling the replacement of Jim
Barnes’ vacated council seat. Graysville recently had two commissioners resign and
guess what? Yep, you guessed it, THE REMAINING COMMISSIONERS VOTED IN TWO
GUYS TO REPLACE THEM. Sounds real simple doesn’t it?
Jim Barnes, who served the council as vice-mayor died November 13, 2007 leaving his
council seat vacant. The Dayton Charter is really very simple in the procedure in which
the remaining council members elect a new council person to fill the vacancy. Again
folks, this isn't rocket science. As simple as this may sound, the concept to fill the vacant
seat is either too hard for the remaining four council members to grasp, or there is some
sort of back room wheelin’ and dealin’ going on and trying to justify the procrastination
with propaganda.
Ever since Jim’s death, Mayor Bob Vincent seems to be doing everything he can to
change the Dayton Charter. Why?
Vincent also seems dead set on the position that sitting on the council is somehow a
“hardship” for someone who isn’t retired. Well now, according to that mindless
reasoning, does that mean that the mayor is saying that since Councilman Bobby Doss
works for a living that he is essentially “burdened” and not fit to sit on the council? Does
Bob Vincent actually think you people are that ignorant? What a lame excuse for doing
so much work to do no work at all.
So just what is it that Mayor Vincent is truly trying to obtain? Would he be so eager to
have a charter change if he knew he could never be elected mayor? I seriously doubt it, I
really do.
Mayor Vincent’s past actions, as well as his present, has caught the eye of an
assortment of people who in turn have brought various matters of concern to the
RheaCountyNewspaper.com’s attention. Naturally, it can be reasonably assumed based
upon past practice that the Herald-News will not print the stories that need printing. It
seems that whatever they do print it is printed with some sort of agenda. We like to call
such activity, "butt-sucking". Then again, that's just us...
Take Rep. Jim Cobb for example. Time after time we see letters to the editor plastered in
the Herald-News stating how good a “friend” he is, or how great of a representative he
is. Perhaps Cobb’s political opponent Jim Vincent of Soddy-Daisy simply has no
support in Rhea County or the Herald-News is tossing his support letters in the trash. Is
that why they aborted the Sound Off section of their newspaper? What's the skinny on
that? Could someone please e-mail me and let me know?
Speaking of copycats, did the Herald-News change their web address to mimic this
newspapers web address?
I mean, we find it flattering how they went from www.Rhea.xtn.net to www.
RheaHeraldNews.com and then say that it better serves you, their loyal readers. Maybe a
more appropriate name would be www.blowsomemoresmokeupmyyingyang.com.
Yep, they may proclaim to be Rhea County’s OLDEST newspaper but we proclaim to be
Rhea County’s NEWEST newspaper!!! Thanks for the “click” numbers folks… we really
do appreciate it as well as the feedback, both negative and positive.
Continuing, was the Sound Off section in the Herald-News aborted due to them not
wanting to print the anonymous concerns of their readership? Is this what the “free
press” has eroded into? Do butt-suck letters of certain people get attention while other
legitimate letters are discarded? Is that true?
Okay, enough of this rambling about Jim Cobb because he is not YET the focal point of
this constant evolving story which by the way is like trying to untangle a spiders web.
Mr. Cobb may be a good fellow and all of that pre-election day crap, but after all, he does
sit and watch the county commissioners vote and refuse to hear any input or allow
people to speak until the very end of the meeting. Why is that? Why is it that the
commissioners refuse to allow YOU to speak on issues until AFTER they vote on it? Do
you think it could be because they know that nobody hardly ever attends those
meetings unless it is a topic of discuss that directly effects THEM.
Does Rep. Cobb endorse the silencing of the very people in the very county he
represents? He claims to be a veteran yet he watches as veterans cannot even speak on
issues that effect them until the commission has already voted? And what's with the
picture of him looking like Moses descending from the clouds? What is that? Someone
please write and let me know, please. Obviously I am not so easily impressed.
Also, why is it if Rep. Cobb is such a patriot we can look on page A-10 of the April 16,
2008 edition of the Herald-News and see him leading the Republican Party audience in
the Pledge of Allegiance, yet appearing to be looking down reading something. We
clearly see him with his eyes not toward the flag, but looking down toward the podium.
Did he not even know the words to the Pledge of Allegiance and therefore had to read
the words from a cheat sheet? Who knows, right?
Now, back to the subject at hand --- We have the Dayton council under the persistent
leadership of Mayor Vincent doing things that sound totally stupid. For example, Mayor
Vincent all but says you can’t get a decent Fire Chief for a paltry $38,000 a year so he
jacks the pay up to $50,000 a year. Instead of promoting Bo Kaylor, a good man who has
been involved with the fire department in some sort of capacity for many years, he was
not seriously even considered for the fire chief job. In fact, the dude that got the fire chief
job was the person who never even applied for it. If he did then it was one helluva secret.
Chuck Suttles, a city policeman got the job.
So then I guess Bo Kaylor got promoted to Assistant Fire Chief, right?
WRONG.
It seems that Dayton City Manager Frank Welch gave the fire chief job to Suttles and then
turned around and hired another cop to be the assistant chief making more money than
Bo. Then Welch apparently booked out of town… Maybe Frank Welch has been there
way too long and needs to move on out as well. One thing to his credit is that he sure
gives a new twist to the term NEPOTISM…
Wait a minute… Is that true?
You mean Fire Chief Jack Arnold resigned from his job and a police officer who nobody
even knew wanted the job, not only got the job, but got a whopping pay increase to
$49,000 a year salary? And who recommended this vast pay increase? Oh, I nearly
forgot, it was Dayton's great leader Mayor Bob Vincent. By the way, just how many fires
does Dayton have in any given year? What's wrong with a 15 year old truck if it has only
like 5,000 miles on it? Get real...
The poor fellows at the county volunteer fire departments get $3,500 a year from the
county and are forced to rely on yard sales and fund raisers just to get by. These county
volunteer fire fighters are heroes. Here we have Bob Vincent wanting half-million dollar
fire trucks, a new mayor position, paid council, more people authorized to sign city
checks, selling off city land at discount (go figure) and now he seems to be using the
death of Jim Barnes to benefit himself. Is that called “unjust enrichment”? Is that even
legal?
If Bob Vincent was a Rap singer his stage name could be... well maybe I should keep this
professional...
I swear folks, It is hard to sit down and write out a story and try to report the true facts. It
would be so much easier for me to type out a butt-suck letter saying how great these
dudes are. But then again, my name isn’t Mr. Water, and I do not follow the path of least
resistance. Besides, Mayor Vincent is more than welcome to debate any of this. In fact,
our top researcher, former Constable Roy Denton says he will gladly debate Bob Vincent
on any topic, at any time, at any forum. In fact, he is helping me write this snake bite of a
report. E-mail him about it...
In any event, Moses, I mean Jim Cobb will be submitting a Bill in Nashville to change the
Dayton charter. If anyone happened to notice, the front page headline story in the April
23rd edition of the Herald-News, Mayor Vincent blurts out these words…”Jim (Jim
Cobb) and John Heath (vice mayor) and I (Bob Vincent) have been talking
back and forth quite a bit on this”.
What the heck was Mayor Vincent thinking?
Is Bobby Doss and Billy Graham not councilmen anymore? Did they quit or just get left
out of the discussion?
What does he mean when he says he is discussing city business with just him, Jim
Cobb and one other councilman?
What happened to the rest of the fellows?
Is Mayor Vincent brazen enough to say that John Heath and him settled the issues
pertaining to charter changes without the other two councilmen not knowing? Is that
even ethical? Is it legal? Someone please tell me. Mayor Vincent says that the changes
made were “pretty insignificant”. Yeah right.
Isn’t him talking city business without being in a public meeting a Sunshine Law
violation?
Well folks, the truth of the matter is this… The entire charter discussions that originated
at a special called meeting on January 30, 2008 were conducted in what appears to be a
violation of the Sunshine Law. That is our position and we intend to follow this through
because if these guys want to serve the public then fine, serve the public. If they want to
squeeze the Dayton residents and conduct private business ignoring the laws and rules
that they MUST follow, then they are openly insulting YOU, especially the residents of the
city of Dayton.
This story is only the beginning of many more to come.
In fact, Roy Denton has volunteered (yep, he must indeed be crazy) to ask Bobby
Vincent to clarify a few things or resign. We will print the letter once he mails it, or hand
delivers it. Absent Vincent’s resignation, a rally of people are gearing up for a recall
election on him. Denton also volunteered for that task as well. As they say, there is a fine
line between bravery and stupidity…
Then again, with $1,300 a month insurance premiums for the Mayor, over a million bucks
a year just in other insurance premiums while the residents of Dayton struggle just to
pay for gasoline, I really think a recall will be a block party.
Now, we invite you to read what we have gathered so far.
STATEMENT OF EVENTS
The Wednesday, Jan. 30, 2008 edition of the Herald-News printed a headline story that
the Dayton City Council was going to have a “special called” meeting to be held that
morning. A workshop was to be conducted at 9:00 a.m. followed by a special called
meeting at 10:00 a.m.. No other public notices of any kind were given concerning this
special called meeting other than this notice telling people of a meeting that was already
over before they even knew it started.
Brilliant...
Several people have stated that the meeting of the council on said date did not violate
the Sunshine Law because a “24 hour notice” was given. Our position is a story printed
in a newspaper and delivered the same day several hours AFTER the meeting was even
held is not “adequate public notice” as required BY LAW. Click here and read what
happened to the Knox County Commission.
Although the wording of “adequate public notice” is not expressly defined, it is certain to
mean that the public would at least have some sort of opportunity to attend the meeting.
The above referenced story as published in the Herald-News was NOT adequate notice
but was simply advising the public about a meeting that was to be had on the same day
as the newspaper story ran. The story essentially told the public of a “special meeting”
and by the time the public was even made aware of it, the meeting was already done and
over with and the damage already done.
Therefore, is seems rather clear that the meeting the Dayton City council had on the day
of Jan. 30, 2008 was a direct violation of the Tennessee Open Meetings Act. If that be the
case then the charter changes should be held as illegal and if the charter changes are
illegal then what does that make Rep. Jim Cobb if he submits an illegal Bill to the floor?
After all, before this story was printed the editor of this newspaper sent him an e-mail
seeking his response. No response was given so we are forced to draw our own
conclusions, right?
With this in mind, anything discussed at that meeting should be nullified and made void
and that a “Cure Meeting” in the very least be conducted, in order to bring the council
into compliance with the Sunshine Law. Absent such curative meeting, a civil action
could be brought against each councilman in Chancery Court for this violation of the
Tennessee Open Meetings Act. Wonder who could, or would, file such a lawsuit?
STATEMENTS OF FACT
News Article
Dayton City Council seat could be filled today
By: Max Hackett
Source: The Herald-News
01-30-2008
The Dayton City Council will hold a workshop this morning, followed by a special called
meeting, and could appoint a new member to fill the vacant seat on the council.
The workshop is scheduled for 9 a.m. Wednesday and the special called meeting is set
for 10 a.m. Both meetings will be in the Dayton Municipal Building.
Tennessee's Sunshine law makes these requirements of an "open" meeting:
That there be "adequate public notice" for each meeting, whether it's a regularly
scheduled one or a specially called one.
That all votes be public and not secret. They can be either by roll call or by each side
saying "yea" or "nay" in unison. Even when governments legally close meetings, they
must take all their votes in public.
That all meetings have minutes taken, be "promptly and fully recorded" and then be
subject to public inspection afterward. Minutes must include "a record of persons
present, all motions, proposals and resolutions offered, the results of any votes taken,
and a record of individual votes in the event of roll call."
The law itself does not define such phrases as "adequate public notice." Some states
have rules requiring 24-hour notices being posted at courthouses or in the local
newspapers, but not Tennessee. It seems that everything hinges on just what the
definition of "adequate public notice" is doesn't it? Surely being told of a meeting 2
hours AFTER it is over is adequate at all. Sneaky perhaps, but not adequate.
NOTICE OF MEETING IS REQUIRED
Any such governmental body which holds a meeting previously scheduled by statute,
ordinance, or resolution or a special meeting shall give adequate public notice such
meeting. T.C.A. § 8-44-103(a)(b). Circumstances of each case must be taken account in
determining adequacy notice of special meetings under Open Meetings Act. T.C.A. § 8-44-
103(b). Kinser v. Town of Oliver Springs, 880 S.W.2d 681, appeal denied (Tenn.Ct.App.
1994). Notice of meeting required by Open Meetings Act is sufficient as long as it gives
interested citizens a reasonable opportunity to exercise their right to be present at a
governing body's meeting; the notice need not invite public participation in a public
meeting in order to satisfy the Act's requirements. T.C.A. § 8-44-103. Souder v. Health
Partners, Inc., 997 S.W.2d 140 (Tenn.Ct.App. 1998).
PENALTIES FOR VIOLATING THE SUNSHINE LAW
Under T.C.A. § 8-44-105, the sanctions are severe. Any action taken at a meeting in
violation of the Act shall be void and of no effect, but nullification of actions taken at
such meetings shall not apply to any commitment, otherwise legal, affecting the public
debt of the entity concerned.
Statutory remedies of nullification and injunctive relief and penalties, among other
things, for violation of Open Meetings Act are not meant to be mutually exclusive. T.C.A.
§§ 8-44-105, 8-44-106. Zseltvay v. Metropolitan Government of Nashville and Davidson
County, 986 S.W.2d 581, appeal denied (Tenn.Ct.App. 1998). T.C.A. § 8-44-106 gives the
Court jurisdiction over the parties and subject matter for a year, with powers of injunctive
relief. The section states:
(c) The court shall permanently enjoin any person adjudged by it in violation of this part
from further violation of this part. Each separate occurrence of such meetings not held in
accordance with this part constitutes a separate violation.
(d) The final judgment or decree in each suit shall state that the court retains jurisdiction
over the parties and subject matter for a period of one (1) year from date of entry, and the
court shall order the defendants to report in writing semiannually to the court of their
compliance with this part.
CURING THE VIOLATION OF THE SUNSHINE LAW
A governing body that may have violated the Act may cure its violation by conducting a
subsequent meeting at which it ratifies the prior action. A cure meeting will not be
effective, however, unless the ultimate decision is made in accordance with the Open
Meetings Act, and it is a new and substantial reconsideration of the issues involved.
Neese v.Paris Special School District, 813 S.W.2d 432 (Tenn. Ct. App. 1990); Tenn. Op.
Atty. Gen. No. 00-095, 2000.
Well, there you have it folks. Remember, we are not lawyers. We are simply a few people
traveling down the same road who are capable of reading a book. Whether the book is a
law book, an Attorney General Opinion or whatever...we simply read and educate
ourselves and thereby attempt to educate YOU as to what things really are as opposed
to what they appear to be.
The illusion is fading and certainly there will be people who will be mad about it. To them
I guess we have to say, "we do what we do to entertain us, not them".
If we run into such debts as that we must be taxed in our meat and in our drink, in our necessaries and our comforts, in our labors and our amusements, for our callings and our creeds, as the people of England are, our people, like them, must come to labor sixteen hours in the twenty-four, and give the earnings of fifteen of these to the government for their debts and daily expenses; And the sixteenth being insufficient to afford us bread, we must live, as they do now, on oatmeal and potatoes, have no time to think, no means of calling the mismanagers to account; but be glad to obtain subsistence by hiring ourselves to rivet their chains around the necks of our fellow sufferers; And this is the tendency of all human governments. A departure from principle in one instance becomes a precedent for a second, that second for a third, and so on 'til the bulk of the society is reduced to be mere automatons of misery, to have no sensibilities left but for sinning and suffering... And the forehorse of this frightful team is public debt. Taxation follows that, and in its train wretchedness and oppression. ~Thomas Jefferson |
| Small Town Mayor, Moses and a Partridge in a Pear Tree by: Crakston Cryler, editor Roy L. Denton, ramble specialist |