Committee refers ethics complaints to mayor's attorney for evaluation
By Joel Davisof The Daily Times Staff
Originally published: April 02. 2008 3:01AM
Last modified: April 02. 2008 12:52AM
The Blount County Ethics Committee, seeking legal guidance, voted Tuesday to refer five ethics complaints against officials to the county mayor's attorney for evaluation.
County Commissioner Ron French, who sits on the committee, made the motion to change the committee's procedures to automatically send ethics complaints to attorney Rob Goddard for evaluation.
"I don't see any legal minds on the committee," French said. "I suggest (the complaints) go to the county mayor's attorney first."
Committee members approved the change on voice vote. There was no dissent.
Because of the motion, the committee did not discuss complaints against County Major Jerry Cunningham, Commissioner Mike Lewis and Commissioner Wendy Pitts Reeves, who chairs the Ethics Committee. There are also two new complaints, filed against District Attorney Mike Flynn and Circuit Court Clerk Tom Hatcher on Monday, that were not listed on the official agenda.
Linda King of the Citizens for Blount County's Future, who filed the complaints against Cunningham and Lewis, questioned whether Rob Goddard, who serves as the county mayor's attorney, could objectively advise the committee on the allegations involving his employer.
"How can we send a complaint about the mayor to the county mayor's attorney?" King said.
The committee discussed the possibility it may have to hire outside legal counsel at some point.
"It may be that the county mayor's attorney may have to recuse himself, too," committee member John Davis said.
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. The board ultimately voted Jan. 2 to begin fluoridation as soon as possible.
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, alleges that the ownership swap doesn't resolve the conflict.
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.
Wendy Gail Roseburgh, 45, Leconte Drive, Maryville, filed the complaints against Flynn and Hatcher. Roseburgh and her husband, William Albert Roseburgh, 57, Montgomery Lane, Maryville, are accused of operating a plant nursery at 510 Montgomery Lane, Maryville, without proper state certification. They were indicted on multiple charges in February.
In her complaints, Roseburch alleges that registered mail sent to Flynn's office, apparently addressed to grand jury members and others, was not delivered.
"She sent information to our office that was addressed to the grand jury members," Flynn said when contacted by telephone Tuesday night. "I gave it to Judge (Mike) Meares and Ms. Piper, the grand jury forewoman. They reviewed it. We all agreed it was information that was improper for the jurors to see. I sent it back to the Roseburghs, and they refused to accept delivery so it's sitting in a box in our office."
Flynn said that only the jury forewoman opened her letter, the rest was not opened.
As for Hatcher, Roseburgh alleges that he illegally entered a "scheduling order" on March 10, when she did not attend a hearing until March 11.
Hatcher said a clerk from his office simply filed an administrative order from the judge that set a deadline for motions to be file and a trial date.
"This opens up avenues for people to file frivolous things," Hatcher said. "It's nothing but harassment."
If you want even more of the best news and information source in Blount County, every word of The Daily Times print edition is available online. Get fully searchable access online and a downloadable PDF copy of the newspaper every day with your subscription. Prefer hard copy? Subscribe today for home delivery service. The Daily Times, your hometown newspaper of record for 125 years and counting.