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The Blount County Ethics Committee will have to deal with three complaints against officials at its Tuesday meeting. County Major Jerry Cunningham, Commissioner Mike Lewis and Commissioner Wendy Pitts Reeves, who chairs the Ethics Committee, have all had complaints filed against them.

Linda King of the Citizens for Blount County’s Future filed the complaints against Cunningham and Lewis. In her complaint against Cunningham, King alleges that Cunningham violated the county ethics policy by pressuring the South Blount County Utility District to begin fluoridating the water treated at its plant.

In a Dec. 5 letter to District Manager Henry Durant, Cunningham wrote that he would not be willing to appoint an individual to the utility’s Board of Directors unless he was sure the person would support fluoridation.

“You and I have discussed the issue before and I realize that the position of the old board was dictated by (then-Manager) Isom Lail who was adamant against the fluoridation,” Cunningham wrote. “Accordingly, I am unwilling to make an appointment or reappointment of anyone to the South Blount (County) Utility District unless I have confirmation that person will support fluoridation.”

The board ultimately voted Jan. 2 to begin fluoridation as soon as possible.
“Cunningham’s action amounts to nothing more than an exchange of gifts,” King wrote. “The board members of the water district are paid a salary and also received benefits. Although they were, previously, against adding fluoride, the threat of the mayor caused them to fear losing their positions. They, therefore, are willing to give Mayor Cunningham their support in exchange for their board appointment.

“How is this different than a politician giving or accepting trips, monies, etc. for a vote expected in return? I see it as exactly the same thing. Mayor Cunningham has given them the gift of an appointment in return for the gift of a vote.”

According to the SBCUD business office, each director receive $300 per month and is eligible for health insurance. State law mandates that the directors receive compensation.

Cunningham sees his actions quite differently.

“It’s just lunacy,” he said Thursday. “I’m the way down the food chain from the president or the governor ... but if they want to appoint someone to the Supreme Court or as one of the state commissioners, they vet them out to make sure they have the same philosophy as the president or governor. They receive a salary. They receive a benefit package. It’s just a waste of time. It’s just a shot across the bow by a woman that evidently did not get enough attention when she was little. It’s ludicrous.”

Law professor Dwight Aarons, who teaches at the University of Tennessee Knoxville, said, during a telephone interview Thursday, that King’s argument is a novel one.

“It doesn’t strike me as completely without foundation, though,” he said. “This does seem to go beyond the regular power of the county mayor. One would have hoped the letter would have been worded a little differently, if it was sent at all.

“This does sound like something the County Commission can talk about and maybe call in some members of the (District) Board of Directors. ... When you send a letter and say, ‘Oh, by the way, unless you do what I want you do, I’m not going to appoint anyone,’ it may not technically be a violation of the ethics policy, but there may be another issue. It doesn’t look quite above board.”

Cunningham said he had not contact with individual members of the Board of Directors.

“I never talked to any of them,” he said. “I sent that letter to Henry Durant. The full board voted to put in the fluoride. I did not know they get a salary or any benefit package. That’s not within my bailiwick.”

Complaint about Lewis

In the complaint about Lewis, King referred to the status of shares of stock that Lewis once held. In a 2007 opinion, Tennessee Attorney General Robert E. Cooper Jr. indicated that Lewis, under the letter of the County Purchasing Act of 1957, could face possible ouster from the commission because he held shares in GreenBank, which provides financial services for the county.

In response, Lewis transferred ownership of the stock to his wife to remove the possibility of a conflict of interest.

King, however, doesn’t think the ownership swap resolves the conflict.

“The stock ownership remains within the household and affects the household income of Mr. Lewis and his spouse,” King wrote. “I, and most of the citizens of Blount County with which I have had contact, agree that this is still a conflict of interest and would like to see further examination of this situation.”

Lewis could not be reached for comment.

Complaint about Reeves

Blount County Sheriff’s Office Assistant Chief Deputy Jeff French filed the complaint against Pitts Reeves, alleging she made false accusations toward him at the Feb. 21 commission meeting; however, according to county policy, the Ethics Committee can only deal with complaints involving potential conflicts of interest or the accepting of substantial gifts.

According to French’s complaint, Pitts Reeves allegedly stated that the Sheriff’s Office did not protect everyone equally in Blount County, and that she would not talk to him because he was probably “wearing a wire”.

“I am appalled that Ms. Reeves would suggest that me or anyone in the Sheriff’s Office would abuse or misuse the power of the Sheriff’s Office, and that I or anyone else would be involved in such an impropriety,” French wrote. “One would also have to make the assumption that Ms. Reeves was afraid of the truth if she was concerned a wire or recording device was being used.”

Pitts Reeves, chair of the Ethics Committee, previously said she could not comment on the charge but that she would recuse herself from deliberations about the complaint against her.