Knox County

[binR Bishop]

apparently ceased to exist this afternoon. Or at least Chancellor Weaver ruled the entire charter invalid. Where the hell this takes us is anybody's guess.

What a mess.

[Scott]

huh...

[JohnT]

Cool. Let's found our independent City-State. Who wants to draw up a charter?

[Tess]

This will save me a TON on county taxes. I don't get much for them anyway! Oh, they did repave the road near my house about 10 years ago, does that count?

[Smootz]

Anarchy! Anarchy! Anarchy!

p.s. we're liquidating in honor of the chaos to come. Yard sale on Armstrong (on the dead end) and in throughout Old North today! Come get our stuff while Rome burns!

[Randall]

Anarchy! Anarchy! Anarchy!

p.s. we're liquidating in honor of the chaos to come. Yard sale on Armstrong (on the dead end) and in throughout Old North today! Come get our stuff while Rome burns!
Sweet deals! Any heraldic statuary?

[Smootz]

Sweet deals! Any heraldic statuary?

Only some small trumpet vases, sorry.

[lynnpoint]

Anarchy! Anarchy! Anarchy!

p.s. we're liquidating in honor of the chaos to come. Yard sale on Armstrong (on the dead end) and in throughout Old North today! Come get our stuff while Rome burns!


Will there be any Magpie treats? Huh, will there, huh, huh, will there?

[rikki]

I read Weaver's ruling and posted my reaction at knoxviews.com (http://www.knoxviews.com/node/1287). In short, I don't think anyone holding public office in Knox County is standing up for the will of the voters.

[SnM]

From Rikki's post at Knoxviews:

Most litigants in the case were arguing for the destruction of the expressed will of the voters, and with the county law department neutered, only the chancellor was left to defend the public. Though Weaver was cognizant of the public interest, his ruling thoroughly subverted it.

Weaver claimed, "This Court cannot write the omitted portions of the charter." The problem with that claim is that the alleged omissions are Weaver's creation. To reach that conclusion, Weaver ambled through a self-contradictory exercise wherein he first asserted (correctly) that the state Constitution requires charter governments to perform all the duties of normal county governments, then later decided (incorrectly) that the state Constitution does not require "retention or continuation" of offices and duties not explicitly defined in a charter.

Judging from their Bailey decision, the State Supreme Court gives counties wide latitude in defining their own form of charter government, but Knox County was not attempting to redefine the structure of its government when it passed its charter. It was merely after "home rule," which allows a county to pass laws without then submitting them to the state as private acts needing legislative approval. No offices or duties were created, destroyed or redefined by the charter, and the casual references to "constitutional offices" in the charter clearly imply the continued existence of those offices, though they are not explicitly named. It is obvious that the intent of the charter was to change nothing at all about the county government except for the need to get state approval for legislative acts.

John Schmid's argument that the unnamed offices were abolished is absurd, as Weaver found, yet Weaver's decision to invalidate the entire charter because those offices are only mentioned implicitly is equally extreme. Similarly, his conclusion that the failure of county functionaries to properly ratify the charter renders it invalid is an absurdity. Office holders do not have the power to nullify the will of the voters by simple neglect.

Weaver was operating in a vacuum, with no one before him making an uncompromised argument on behalf of the citizens of Knox County. As this case moves through appeals (assuming someone cares to challenge it), it is imperative that the interests of voters and citizen be represented. If the county law department can not be trusted with this duty, the state election commission or attorney general's office should do so, or a civil rights organization should get involved.

The will of Knox County's citizens has been persistently subverted by negligence and disregard, and Weaver's ruling is just one more slap in the face. It is now too late to salvage this year's elections. Already defective in execution, they will now be defective in outcome. Office holders complicit in subverting the public interest will be awarded with continued power for as long as they can drag out the appeals process, and our elections, already tainted by big money, ballot manipulation and the two-party straightjacket, will degrade further toward becoming complete charades.

****

Excellent analysis and extrapolation, Rikki. I wonder how this latest outrage could best be mocked, though?

Perhaps with Weaver as Solomon, choosing to bludgeon the charter baby to death rather than dismember it and apportion its bits among the bickering wannabe moms...

Maybe something with Stackhouse as Plato arguing the immutability of eternal forms and Moncier as Aristotle arguing for the ultimate reality of the here and now?

Nah, gives them too much credit for knowing what they're doin.

[Smootz]

Nice analysis (http://www.knoxviews.com/node/1287), Rikki, thanks.

[sundropsue]

I'm moving to a place that doesn't exist anymore? Great.

[gypsy]

i just found out about this. apparently i might not be married. or actually, i might still be married to my first wife. or something.

[rikki]

I'm looking forward to seeing that little bastard kid of yours tomorrow.

[Hank IV]

It's the whole State of Franklin episode all over again.

[gypsy]

I'm looking forward to seeing that little bastard kid of yours tomorrow.

i know, the shame.

[~Rumormonger~]

An update (http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_4785922,00.html).

Thanks be to John!


Knox County Commissioner John Schmid filed an appeal Monday of Chancellor John Weaver’s ruling nullifying the county charter moments after his commission colleagues endorsed an attempt to gain time to make revisions to the document.

If ever anybody deserved a good tar'n an' feather'n these boobs are certainly th' deservin' type.



Five commissioners — David Collins, John Griess, Diane Jordan, Phil Guthe and Billy Tindell — had filed the lawsuit as a challenge to the charter’s term limits provision.

[Tess]

Our neighborhood group has had to deal with Commission on some issues. Schmid is one of the few on KCC that I trust to be looking out for constituents and not self.

[~Rumormonger~]

Here's more (http://www.knoxcounty.org/current/faqs.php).

[~Rumormonger~]

And even more (http://www.knoxnews.com/kns/election/article/0,1406,KNS_630_4787121,00.html) today.

I love this line...

"We're beginning to look like a bunch of fools."

[gypsy]

it's a little late in john mills' public career to start worrying about looking like a fool. that ship done sailed.

[~Rumormonger~]

ATTN: Knox County and all other occupants residing there in. This is a notice of impending eviction! You have 180 days within which to rectify this issue (http://www.knoxnews.com/kns/election/article/0,1406,KNS_630_4789778,00.html) or you will be be removed from these premesis ;~)

[Tess]

Let's see. They send out Knox County property tax bills in October. If they can't get this resolved, I'm going shopping!

[~Rumormonger~]

"Oral" arguments & filing "breifs" or How the people of Knox County we're saved by Porn (http://www.knoxnews.com/kns/election/article/0,1406,KNS_630_4792686,00.html).

[dilettantedude]

ATTN: Knox County and all other occupants residing there in. This is a notice of impending eviction! You have 180 days within which to rectify this issue (http://www.knoxnews.com/kns/election/article/0,1406,KNS_630_4789778,00.html) or you will be be removed from these premesis ;~)

Does this mean no speeding tickets? No such thing as an illegal immigrant? Can the city annex something that doesn't exist? Can Farragutians declare independence from Knoxville? Can we join Florida and grow coconuts?

Can we start our own county commission? If there's no charter, how do we decide who gets to start one?

[dilettantedude]

ATTN: Knox County and all other occupants residing there in. This is a notice of impending eviction! You have 180 days within which to rectify this issue (http://www.knoxnews.com/kns/election/article/0,1406,KNS_630_4789778,00.html) or you will be be removed from these premesis ;~)

Does this mean no speeding tickets? No such thing as an illegal immigrant? Can the city annex something that doesn't exist? Can Farragutians declare independence from Knoxville? Can we join Florida and grow coconuts? Did we finally get rid of Tim Hutchison?

Can we start our own county commission? If there's no charter, how do we decide who gets to start one?

[~Rumormonger~]

Awww! Thanks Porn (http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_4835321,00.html)!

[~Rumormonger~]

Can term limits (http://www.knoxnews.com/kns/election/article/0,1406,KNS_630_4865498,00.html) be considered retro-active if what really happened was that the County simply ignored the will of the people?

[~Rumormonger~]

The Charter Review Committee submits (http://www.knoxcounty.org/current/charter9_26_06.php).

I'm not sure I'm reading this correctly but I'm not seeing anything that addresses term limits.

Could some of our more adept legal minds take a gander at the proposed charter amendments (http://www.knoxcounty.org/current/pdfs/charter_ballot_questions.pdf) and let us know whether, or not, term limits are included/implied, and, if so, to whom?

[# 9]

The Charter Review Committee submits (http://www.knoxcounty.org/current/charter9_26_06.php).

I'm not sure I'm reading this correctly but I'm not seeing anything that addresses term limits.

Could some of our more adept legal minds take a gander at the proposed charter amendments (http://www.knoxcounty.org/current/pdfs/charter_ballot_questions.pdf) and let us know whether, or not, term limits are included/implied, and, if so, to whom?



Ace reporter ~Rumormonger~ from KnoxBlab finds another breaking story (http://funhouserock.com/funhouse/blab/showthread.php?t=2695&page=3). ~Rumormonger~ was the first to break the story of the drug bust of Scott Wests' businesses on Market Square Mall.

You can read here (http://www.knoxcounty.org/current/pdfs/charter_ballot_questions.pdf) the work product of the Knox County Charter Review Committee.

In complete seriousness I tell you that any senior level high school class in Knox County could have done a better job on this. No hyperbole, no kidding, no metaphors, I mean exactly that.

This is an unacceptable work product. Since it is clear this must go back to committee can we add two more line items? The first is recall. Knoxville City has a recall provision in their Charter, why shouldn't Knox County? The second is the ability to have a referendum question go to a vote if it passes. Knox County should have equal representation. The Knox County Charter Review Committee should have placed these two items on the ballot. Now we can make it right. Who do we contact to redress this complete failure of the Knox County Charter Review Committee?

This is very difficult to understand and does not ask the question about term limits in a way that can be understood. It has to be readable. It must go back.

Nice work ~Rumormonger~. Your show prep for the local media will be greatly appreciated.

http://www.knoxviews.com/node/2278

[Raincrow]

Please. In Esperanto only from this point on ...
Pla?i. En Esperanto sole ...

[# 9]

Please. In Esperanto only from this point on ...
Pla?i. En Esperanto sole ...

Looks more like Pig Latin to me.

[Pan]

Could some of our more adept legal minds take a gander at the proposed charter amendments (http://www.knoxcounty.org/current/pdfs/charter_ballot_questions.pdf) and let us know whether, or not, term limits are included/implied, and, if so, to whom?

I'm no lawyer, but I think the big issue was that certain offices weren't defined before in the charter. Amendment One will now have the charter list the duties of Property Assessor, Sheriff, Register of Deeds, County Clerk, and Trustee. Which means they would be term-limited, right?

Hmmm. On second thought, I'm NOT very sure this addresses all the term-limit issues.

Amendment Two says this group will keep track of the code changes.

Amendment Three addresses primary election qualifying deadlines.

Amendment Four wants to change the pension for Uniformed Officers so that it doesn't have to be funded???

Now my head hurts.