Was Sunshine Law violated? County mayor, commissioners disagree over legality of meeting

By Joel Davis
of The Daily Times Staff

Did County Commissioners David Graham, Monika Murrell and Wendy Pitts Reeves violate the Sunshine Law by meeting in Nashville on Wednesday with officials from the state Division of County Audit?

Graham, on Thursday, said he doesn't see his actions as a violation of the law, which concerns open meetings by public bodies.

"I was down there at the invitation of the Citizens for Better Government," he said. "This would be no different than me going to a Raven Society meeting, which I've been invited to before."

Graham confirmed that all three commissioners met with state officials and local citizen activist Jim Folts of Citizens for Better Government on Wednesday. He also said that Folts made a presentation.

"It had to do with the issues that Citizens for Better Government have brought before the commission in the past," Graham said. "There was just an informational slide show on how they viewed the situation regarding accountability within county government. I drove down there by myself."

Pitts Reeves said that she facilitated the meeting.

"Jim Folts had a presentation that he wanted to make to the state Comptroller's Office," she said. "I was asked to help him get an audience. I was just there basically as a conduit to help him get an audience. There were no decisions made. We weren't talking policy. ... A citizen asked me to help him get access to a state officials, and I set that up, which seems quite appropriate to me. It's no different than any constituent asking any elected official to help them."

Murrell could not be reached for comment Thursday.

Folts has claimed that about 25 vehicles were missing from the Sheriff's Office inventory, compared to the number listed in previous audits. Auditors from the Tennessee Comptroller of the Treasury's Office found deficiencies in the paperwork tracking the disposition of about eight Blount County Sheriff's Office vehicles, according to the 2007 audit report released Dec. 28, but made no mention of missing vehicles in the report.

State law declares "All meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee."

In Tennessee Code Annotated 8-44-102, meeting is defined as "the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter."

Was the law violated? Depends on who you ask.

"It could be, certainly," County Mayor Jerry Cunningham said. "My understanding is they went down there with Folts and that he did a 45-minute presentation on missing cars and tuition reimbursement and bonuses. These are all matters that are being discussed in the budget process now. There will be monies appropriated for bonuses and salaries and vehicles for the sheriff. So that's all part of the budget process that they will be deliberating and voting on. Sunshine Law says three of them can't get together."

Up to a judge

Just attending an informational meeting doesn't automatically mean the law was violated, as long as the commissioners involved were not deliberating on county business or deciding how to vote, said Frank Gibson of the Tennessee Coalition for Open Government.

"Probably not," he said. "The fact that you had a citizen who arranged the meeting and these three commissioners came along is not the same thing as three commissioners getting together in a restaurant in Alcoa and talking about raising taxes and then going into a meeting an hour later and voting to raise taxes. That's the distinction.

"The mayor is entitled to his opinion about whether this is a sunshine violation or not. The question is whether two or more commissioners are getting together and deliberating on something that is coming up before the commission. Part of the definition of deliberation is that they are weighing things and trying to make a decision.

"If they discussed doing something, go back to Maryville and introduce a resolution or proposed ordinance and go recruit other support for whatever action they are contemplating, somebody might be able to sue and claim that they deliberated and it would void whatever action resulted. It isn't a violation until a judge says it is a violation. The only penalty is whatever action results from the secret deliberations gets voided and set aside."

Graham said he does not intend to take any action based on anything discussed at the meeting.

Jim Arnette, director of the Division of County Audit, confirmed the meeting.

"We did meet with a continent from Blount County to discuss some issues related to the (Fiscal Year 2006-2007) audit," he said. "They initiated the meeting."

Arnette said that it's "possible" that further audit work could be done in Blount County, if auditors felt the issues were legitimate, but additional documentation would need to be provided. So far that hasn't happened."

Majority rule?

Commissioner Gary Farmer said the three commissioners were going against the will of the majority.

"I have a problem with a commissioner going somewhere, and it appears that they are representing the entire commission and they are not," he said. "I don't want to be mean or vicious or anything like that. I have no problem with a private individual going -- that's their right -- but when you are a member of a legislative body, you go by the wishes of that legislative body. Had we voted to do something like that, it would have been out in the open."

Farmer said the 2006-2007 county audit settled the issues.

"They are settled issues when the state auditors go over it and OK it," he said. "I'm not going to put myself off as more knowledgeable than the state auditors. They have checked this repeatedly. It's obvious that no one in Blount County controls the state Comptroller of the Treasury's office."

Cunningham said the majority of commissioners had accepted the audit results.

"If the commission had wanted to delve into it, it would have appointed an ad hoc committee," he said. "This is more or less a self-appointed vigilante committee that went down there. I'm very troubled by it. ... Our commissioners should have known better. It's just a terrible situation. I don't understand it."