Caldwell is 'administrator of year'

Caldwell

During today’s Knox County Commission meeting, Knox County Finance Director Chris Caldwell will be presented with the “Public Administrator of the Year” award from the East Tennessee Chapter of the American Society for Public Administration. 

The society “is the largest and most prominent professional association for the advancement of ethical practice of public administration,” according to a letter to Mayor Burchett from former Knox County Law Director Joe Jarret.

“Since 1984, ASPA has promoted a commitment to the highest standards of professional and ethical practice by public servants,” the letter states. “Chris was chosen above other nominees due to the high ethical standards and professionalism he maintains through his service to the citizens of Knox County.”

Jarret is immediate past-president of the chapter and will present the award. He is currently a lecturer in Political Science at the College of Arts and Sciences at the University of Tennessee.

Election residency issue now in court

This morning and at the request of the Knox County Election Commission, county Law Director Joe Jarret filed a declaratory judgment action in Knox County Chancery Court regarding the Shelley Breeding mess and whether she lives in the county or not.

Breeding, a Democrat, wants to run for the 89^th District state House seat. 

Click right smack here for 22-pages worth of legal stuff.

Jarret, Armstrong meet, move forward

Georgiana Vines in her column – click right smack here – on Saturday provided some insight into incoming Knox County Law Director Bud Armstrong’s plans. She noted that Bud and his former political foe and GOP primary challenger Joe Jarret were gonna meet today.

They did, according to Jarret, who will leave office at the end of August. And the meeting went pretty well.

He said the office ordered coffee and bagels and held a small reception for Bud as employees introduced themselves. Also along for the ride was local GOP Chairman Ray Jenkins, who – according to Jarret – will lead Armstrong’s transition team.

Not sure that works. I know presidents have transition teams. But law directors?????

Heh.

Anyhoo, Joe said everyone “was very cordial and Bud and I both agreed that was best for everyone and for the county was to put everything behind us and have a completely seamless transition.”

He said he has an empty office that he offered to let Bud use and said he’s putting together a transition notebook for him.

“I told him I’ll share everything I can except those things privileged by law,” Jarret said.

Joe said he, Ray and Bud talked about “the challenges (i.e. charter review) that lie ahead as (Bud) takes over,” but didn’t go into many details, noting that whatever he told me would make its way onto Screams from da Porch.

That’s about it.

Bud takes office Sept. 1.

As Georgiana noted, Bud told her that David Buuck is on his list for a possible gig in the law director’s office. To my knowledge there’s only one open position and that’s for law director junior (or whatever the right-hand man or woman position is called). Joe never filled the job, opting to do all of it himself. That’s not to say Buuck will get it. Bud could promote someone and then fill that position.

Ray has said publicly that he has no plans to join the department.

Oh wait, one more thing. You might have noticed that Georgiana reported that Bud would have people representing him or whatever at the charter review committee meetings. He wouldn’t, however, tell her who they were.

That’s strange. But whatever. It’s not like you can’t look around the room and figure it out.

Audit email war Day II: Jarret returns

(Note from Mike: No idea why the font is so small and funky. Blogger sucks sometimes.)

Frank Cagle has a good read about county law director stuff right smack here. And speaking of law director stuff: You remember the email correspondence the other day between the builder, the auditor and the rogue? Click right smack here for the original blog entry and right smack here for all sorts of electronic goodness and read further.

If you don't want to click, then the short of it is that local developer Sandy Loy wanted the county's internal auditor, Richard Walls, to turn over some information (I think it was his notes) that he put together when he was investigating the PBA's handling of the Hardin Valley Academy project.

Walls refused, citing some state law stuff. Brian Hornback then sent Law Director Joe Jarret a note, asking whether Walls could turn down Loy. Jarret pretty much said that the information Loy wanted was public record.

Loy, then asked for it again. Now, however, Joe says that's not the case.

In an email to Sandy this morning, Joe said:

I misread Mr. Hornback's email. While the completed audit is a public record, the TN code does render confidential, audit working papers. I believe the purpose behind the legislation was to project (I think he means “protect”) innocent parties should the auditor's initial mental impression prove incorrect.

Now, before you get all crazy and say: “Jarret flipped flopped again,” Joe sent me a follow up email that reads:

This wasn't a "he changed his mind again" issue, I was cooling my heels at the hospital (where he is with his mother right now) and misread the email.

Now, this isn't a blog entry if I don't have a Sandy Loy follow-up to Jarret's initial email. Take it away, Sandy:

Joe,

Thanks for your reply. I am constantly amazed at how complicated keeping the rules straight is in local government.

Private business people such as myself just don't understand how the same tasks we perform every day, place in the hands of government becomes so complicated and difficult.

Given the obvious, that there are enough laws and rules now passed to allow even the most inefficient and duplicitous of management schemes to be declared OK because it is “LEGAL” … I am going to get back to the work which I do understand.

At the audit committee meeting last week there were 28 people in the room at one time, of which 26 were being paid to be there by my taxes. I have to get back to work; so I can pay the 15 different types of taxes currently “LEGAL” to support those 26 people who obviously think I have no right to know they spend the money they collect 15 different ways from me and every other business in Knox County.

Just a “sidebar” … if I “accidentally” short one of those tax payments by even $6 do you think they will just forget about it as “insignificant”?

What an indictment of our county government.

Sandy Loy

On a side note, I was at the meeting and so, too, was Hornback. (He blogged about it right smack here and right smack here.)

OK, finally, Joe responds back to Sandy:

Sir, it is certainly understandable. The TN Legislature of late seems to be expanding rather than contracting the list of documents deemed confidential. This is one of the reasons why my attorneys must be constant students of the despite our respective experience levels.

Now, there is an inside baseball jab there right out of Screams from da Porch.

Email battle over audit, open records

Local developer Sandy Loy has taken the PBA out of his sights. Sort of. For now.

Instead, he's focused on the county's internal auditor Richard Walls.

A quick rehash before we get to the fun stuff: Loy has long been concerned with the Public Building Authority's handling of the Hardin Valley Academy project. After years of complaining, the County Commission and the Audit Committee asked Walls to conduct an audit of the project. He did. And he didn't find much. Here's a short story about it right smack here.

Afterward, Sandy took the audit and marked it all up. You can find that right smack here.

Needless to say he wasn't happy. So, he asked Richard for more information, which Richard refused. Then he reached out to two commissioners who sit on the audit committee (Amy Broyles and Dave Wright) and also Commission Jeff Ownby. It doesn't appear that they responded.

Then the Rogue Blogger got involved. Then county Law Director Joe Jarret. Then Sandy again. Then Richard.

Then someone in the office sent an email to the staff, letting us know there's some free food in the break room.

But, essentially, Walls says the records aren't open. Jarret tells Hornback that they are. Sandy wants them. Walls won't give them up.

And I'm kicked back, eating some of the free food.

So, here's all the email correspondence.

CLICK RIGHT SMACK HERE

Enjoy. Good stuff.

GOP's Jenkins says Jarret can't un-resign

Earlier today, I posted this beauty about Knox County Law Director Joe Jarret and his response to county commissioners about why he can resign and then un-resign.

Now, however, local GOP Chairman Ray Jenkins says that might not be the case. Jenkins in a letter to county Mayor Tim Burchett and commission Chairman Mike Hammond, which includes some case law, which you can find right smack here, says once revocation by a public official is tendered then it is irrevocable. Or something along those lines.

He says Jarret's initial resignation letter was “absolute and unconditional.” Again, you can find all this right smack here.

And again, here's the entry from earlier today right smack here.

With all that said, I think the commission will do what it wants. I'd be surprised if someone takes this to court over a five month interim appointment.

Then again, no, I wouldn't be surprised.

Law director explains resignation process

Knox County Law Director Joe Jarret this morning sent a letter to county commissioners. And no, he hasn't flipped-flopped and opted to un-unresign. Heh.

In the note, which you can find right smack here, Jarret simply clarifies a few questions. Some folks apparently were wondering about the process of stepping down and whether he could announce his resignation and then take it back after commissioners began collecting resumes to fill the job on an interim basis.

Jarret says he can.

He also said he got in touch with interim candidate and former Law Director Richard Beeler to let him know. According to Jarret, Beeler was on board.

Jarret said he didn't get in touch with the other candidate, David Buuck. But, he said, the commission couldn't have appointed him anyway, since he's a Blount County resident and the law requires those who fill elected offices to be “a qualified voter of the county,” Jarret noted.

The county commission was supposed to interview the two candidates during today's work session. That doesn't appear to be the case now, although I'm sure they'll have a few questions for Jarret.

Joe Jarret says he'll stay as law director

Ah, that sneaky Joe Jarret. Last night he sends me a text at 6:04, saying his last day would be March 30. There had been some rumors going on earlier in the day that he would rescind his initial proposal to step down, so I asked him about them. But, this morning, Jarret said, he talked with some more people and his wife and opted to stay. Here's the story:

Knox County Law Director Joe Jarret on Saturday morning withdrew his letter of resignation and said he’ll continue to serve through the rest of term which ends in late August, according to an email he sent to county commissioners.

Jarret submitted his submitted his resignation effective for March 31 a few days after losing to Richard “Bud” Armstrong in the March 6 GOP primary. He said he wanted to give Armstrong, who faces no opposition in the August election, a chance to come in early as the interim director and walk the charter review committee through the process.

Armstrong, though, declined.

In the meantime, the County Commission began taking resumes to fill the position. Local attorney David Buuck, former attorney for the town of Louisville, and former Law Director Richard Beeler applied. The county commission on Monday was supposed to interview them.

Now, however, members aren’t so sure.

For example, commissioner Vice Chairman Brad Anders said members may decide to just ignore Jarret’s original resignation letter and let hi stay.

“I think it will be a better transition to have Joe stay until September and have Bud ease into the job,” he said “That way we have consistency and don’t have to appoint someone to a five or sixth month term.”

In the next few months, the person in charge will have to represent the Charter Review Committee, which will meet through the summer, look over the county's governing documents and decide whether voters in November should make changes to them.

In his email to commissioners, Jarret said he first proposed stepping down to give Armstrong the chance to “become involved with the Charter Review Committee during its formative stages. But because Armstrong declined and “coupled with the fact that most elected officials and a large number of citizens have asked me to serve until Aug. 31” Jarret said he would stay.

He said during Monday’s work session, though, he would like permission to retain outside legal counsel to help advise the review committee on “those issues that raise any potential conflicts of interest, thereby de-politicizing the process.”

He also said he would encourage Armstrong to spend time in the office during the next few months “thereby ensuring a seamless transition come September, 2012.”

Jarret told the News Sentinel on Saturday that during the past weeks "citizens and elected officials told me that they wanted my expertise and asked whether I would continue to serve." He said he reached the decision Saturday morning and then sent the email to commissioners.

"I only had a single reason (to leave) and that reason is gone," he said.

The job pays $156,800 a year and oversees a budget of $1.7 million and 15 employees, including seven other attorneys.

Beeler to apply for interim law director job

Been a lot of rumors going around about who will replace Joe Jarret as law director before his former opponent Bud Armstrong takes over.

I'm thinking it's probably going to be Richard Beeler, the law director from 1990 through 2000 and the pension board's litigation attorney. He told me today that he would apply.

Personally, I can't think of too many more people qualified at this point in time. He knows the job, he can step in and run the office. And he can help oversee/represent the charter review committee. Heck, he helped write the charter back in 1987. (Plus, the guy skydives, which is kind of cool.)

Anyhoo, he'll be submitting his resume tomorrow morning. I don't think a lot of people are going to apply for the gig.

But, that's just my guess.

UPDATE: Just saw that the rogue blogger says David Buuck will also apply. Click right smack here for his thoughts. As I recall, Buuck applied for the spot back when the county commission appointed Jarret. He also practices government law.

Jarret seeks audit of own department

Knox County Law Director Joe Jarret this evening sent an email to the county's internal auditor, Richard Walls, asking him to audit the legal department.

Don't read a whole lot into this. The move is pretty much protocol for Joe. He did the same thing after he took over for Bill Lockett a few years ago.

"I kindly ask that you conduct an audit of my office . . . to ensure my (successor) is inheriting an office that is in full compliance with our auditing policies and procedures," Jarret wrote. "My last day with the county is March 31, 2012, as such, I kindly (ask) that the audit be completed by then."

The Knox County Commission later this month will pick an interim law director to serve until Bud Armstrong is sworn in Sept. 1.

Law director term limit considerations

By now, you probably know that county Law Director Joe Jarret is stepping down five months early. He's also suggested that Bud Armstrong, who defeated him earlier this week in the elections, apply for the position.

(Keep in mind, the County Commission, which is currently accepting resumes, is charged with appointing an interim director.)

Now, a few folks, including commission Chairman Mike Hammond say that Bud is the front runner for the gig. And that would make sense.

But, it's not a given that he'll apply. He says to call him later next week.

You see, Armstrong has his own business to think about. But, he also has to think about term limits.

As it stands right now, county officials, including Jarret, say that if you've been appointed to a term and then you serve a term, you're still eligible to run one more time. The Charter Review Committee, however, is expected to address this and let voters determine the definition of words like “term limit” and “appointment” and “elect.”

Voters in November could very well decide that an appointment is considered a term. So, if Bud got the gig, he could end up doing four years in five months. In other words, he'd serve one term before he even began serving the term residents actually elected him to.

Then again, voters might not do anything.

I asked Bud about this.

“I'm worried more about what's in the best interest of Knox County than what's in the best interest of (my) career,” he said.

He added that when he ran for the post he “wasn't looking for a life-time position and not necessarily eight years or even eight years and five months.”

He suggested that at this point his clients – he still has a law practice and cases to close – are what would stop him from applying for the job.

In the meantime, if you want to apply for it, then click right smack here for the directions.

Jarret and that pesky mediation thing

Click right smack here to read about Knox County Law Director Joe Jarret’s “mediation business.” Cause it’s Part I.

Now, on to Part II in MediationGate. Heh.

OK, good readers, the other day we discovered that I learned how to take screen shots on the computer. I know, I know, hold the applause. Anyhoo, some folks say that the county’s law director has a mediation business on the side. There’s even a web page for it (click right smack here for that bad boy).

Now, Jarret says he hasn’t conducted a mediation session since becoming employed with the county. Again, I encourage you to read one of the links above 'cause I’m not recapping.

However, one of my readers – whom I care way more about than the knuckleheads who comment over at the KNS site – sent me a screen shot from Jarret’s mediation page from a week or so back.

Here's that one:

And here’s the one I took the other day:

Now, you should note a couple of things. In the first one, Jarret says he’s the county’s chief deputy law director – not the law director. Also, in the second (and more recent) one he adds the statement: “Presently employed full-time by Knox County, precluding private mediations.”

This means, according to Jarret, that he does not run a private business. But, some folks are now curious why he now felt the need to add the additional language. I was told that he was lying to us and that we weren’t doing much to call him on it. So, I picked up the phone and called him on it.

Jarret verified that the screen shot was legit and that it was up for about two years before he recently changed it. He said:

It gets updated every year when you renew your dues, and I updated it. But I have never done a private mediation ever in the state of Tennessee. I’ve only volunteered to do public mediations and I conducted those on behalf of the Community Mediation Center on behalf of the sessions court judges. When I first came here, I did two things. I joined the East Tennessee Legal Aid and did pro bono work and I did pro bono mediation for the courts.

OK, so I asked Joe when exactly did he update it? He said about a month ago when a local mediator called and asked him to do a private mediation for free. He told him that he couldn’t. Joe gave me the guy’s name and number to verify it.

All I can do is ask. If you don’t like his answer – and I know some won’t – there’s not a whole lot I can do. But, I did take the time to ask. (And I do all this blog crap for free and mostly on my own time.)

UPDATE: A reader already pointed out that under the first screen shot, the heading is "Deputy Law Director," but the text at the bottom says "Law Director." The reader suggest Joe has been keeping this up to date the whole time.

Disclaimer: Jarret is challenged by former county Commissioner Richard “Bud” Armstrong for the law director’s seat. Both are Republicans. The Democrats were too chicken to field a candidate, so whoever wins in the March 6 primary takes the prize. As always, Screams from da Porch endorses neither of the candidates and encourages all readers to write in its author’s name as your preferred candidate.

Law Director's race, mediation, firings

Click right smack here to read me whining about local elections. Now. On to the show:

In the past few weeks I've received a number of emails from folks asking about county Law Director Joe Jarret’s mediation “business.” (Note that the word business is in quotes.) In fact, someone even complained to the audit committee’s tattletale line last year about it, claiming that Jarret was operating a business out of the law department.

Anyhoo, I figure this is something folks want to know about. Sooooo, click right smack here for the link that’s going around. Or look at the fancy screen shot picture I took. Yeah, I’m learning. Somewhat.


Now, I figure if you’re running a business, then you’re making some coin. Right? Not so fast. Right there on the page and in bold it says Jarret precludes private mediations. That means he’s not collecting the coin that some people figure he is. Now, that was just me figuring this on my own.

So, I asked Jarret.

Here’s his response:

Mike, I have not conducted a mediation session since becoming employed by Knox County. Prior to working for Knox County, I did pro bono mediations for our sessions court judges. I have never conducted mediation for profit in Tennessee. Last year, someone also accused me of running a mediation business out of my office along with employing the Mayor's wife as a "ghost employee." I have no idea where this is coming from. I can only assume that by representing myself as a certified mediator, people presume I have a side line. I don't.

Hmmmm. Sounds to me like he’s not running a private business. But, what do I know?

Did staff drop 30 percent under Jarret?

Ok, there’s another one going around. Figure I’ll clarify this one, too, since I was asked by another reader. Also, Jarret’s opponent, Richard “Bud” Armstrong, mentioned it to me.

During an interview I asked Bud why – when he was on the County Commission – he voted for Jarret to take over the law department.

(As you might recall Bill Lockett had resigned in disgrace after hornswaggling about $60k in folding paper from the law firm he worked for before local voters – in another moment of brilliance – decided to put him in office.)

Armstrong said he did so because "at that time the County Commission was dealing with real turmoil and Joe was the obvious pick for consistency, continuity and stability."

"We do that and look at where it ends up. We lost two chief deputies, two staff attorneys and an investigator," said Armstrong. "There's been a 30 percent turnover in the office. I'm real disappointed."

Jarret disagreed and said "Mr. Armstrong's assertion is false."

He said the office lost two chief deputies – one relocated to Texas for personal reasons a few weeks after he was hired and the other left "when it became obvious we had divergent views on how to run the office." Jarret said he hired both of them.

Staff attorney Marty McCampbell left with "a glowing recommendation" to become chief legal counsel for Lincoln Memorial University. He added that his investigator became chief investigator with the school system which included more responsibilities and better pay.

"I likewise encourage her to pursue her career goal," Jarret said. "Only an inexperienced manager would not realize that turnover is inevitable and that you never hold good people back."

Regardless, Armstrong said, the law director should focus more on running the actual department and he doesn't believe Jarret does that. He also said he would strengthen the office staff through training and would not let anyone go.

"The law director's job is to direct the staff because the law director is going to be there no more than eight years (because of term limits) and some of the staff will be there for 25 years or more," Armstrong said.

Charter review committee picks, thoughts

OK, so the Knox County Charter Review Committee, which will look into possibly amending the county’s governing documents, met for the first time tonight. I’ll have a story about it in tomorrow’s paper.

Here’s some quick thoughts.

As you may (or may not or don’t care to) know, the committee is comprised of nine commissioners (only Chairman Mike Hammond and Jeff Ownby aren’t on it), and nine of their appointees and nine picks from county Mayor Tim “Sasquatch” Burchett.

Soooo, the members had to select a chairman tonight. They chose former commissioner, former Trustee’s Office worker and current Property Assessor’s Office worker Craig Leuthold.

Here’s what happened:

Commissioner Amy Broyles nominated fellow Commissioner Sam KmcKenzie. Commissioner, Colonel, Doctor Richard Briggs – who actually appointed Leuthold to the committee – nominated Arghhh Larry Smith. Commissioner Mike Brown nominated Leuthold.

In the first round of voting, Sam and RRRRRRR Larry each nabbed six votes and Craig got nine. In the do-over, Sam got five, R. Larry got one and Craig got 15.

There were some top county leaders who were secretly hoping Sam would get the nod.

Just saying.

The committee ended up picking Ann Acuff as vice chair. Acuff recently retired from the county after serving mucho decades as the county’s deputy financial minister(ess).

Sam was selected as the committee’s secretary. Whatever that is.

Couple of other things. Commissioners initially thought they would have to sign off on any recommendations that the committee made. In other words, to get it to the ballot where the people get to make a decision, the commission would have to approve that.

Nope.

Apparently, the charter – that document that could get amended – says it goes to the election commission. So, that eliminates a layer of BS.

You know, provided it doesn’t get too political on that committee.

And it will. I feel sorry for some of the newcomers. They have no clue. Heh.

Now, in the meantime, a few folks have commented on the so-called oddity of some of the mayor’s picks. You see, a few of the people he selected don’t always see eye-to-eye with him. Don’t kid yourself. He’s got the support he needs.

March Knox County primary races set

The deadline to qualify for open seats in the March county election passed this afternoon, and the races are now set.

Incumbent Law Director Joe Jarret and Property Assessor Phil Ballard, each, will face competition from former elected officials in the Republican primary. Current Criminal Court Judge Steven Sword, however, has no challengers.

In addition, two of the four school board members also face challengers for their non-partisan seats. Cindy Buttry, who represents the 3rd District, opted not to seek re-election.

Instead, Bobby Edington, Doug Harris and Gina Oster will vie for the seat.

Additionally, no one opted to challenge current school board Vice Chairwoman Indya Kincannon for the 2nd District seat.

Karen Carson, the 5th District incumbent, will face Elaine Davis, who serves on the county’s Ethics Committee. In the 8th District, incumbent Mike McMillan will face Conley Underwood, a vocal supporter of the movement in East Knox County to get a new Carter Elementary School built.

Also, former county Commissioner Richard “Bud” Armstrong will square off against Jarret; and former Property Assessor John Whitehead will challenge Ballard.

The general elections will be held in August.

School board candidates need to get 50 percent plus one of the votes cast to move on.

County might send residents to 'college'

Who knew commissioners actually brought something back when they attended those National Association of Counties (NACo) meetings?

OK, kidding. No, not really.

Anyhoo, county Commission Chairman Mike Hammond wants to implement a “Citizens' College” for local residents to learn about county government. (Yes, I know education isn't exactly a priority for many, but still . . . .)

Under the proposal, which he heard about at one of the conferences, commissioners select two people and the mayor's office picks three. They all meet up, hang out, drink beer, whatever, at a day long session over at the Deathstar.

Good stuff. And this time I'm not kidding.

The “college” give residents input into just how local government, and each branch, works. And a lot of people (just check out the KNS message boards) have no clue.

A session, for example, might include a presentation from the law director about ordinances; or the mayor about what he's responsible for; or a commissioner about monthly meeting agendas.

County Law Director Joe Jarret said he was involved in a number of these academies when he worked in Florida. Here's a copy of the plan that Polk County did. It includes reasons why someone would want to participate. Click right smack here for it.

And go get educated. (If the commission follows through with the idea.)

Commission postpones public notice talks

The Knox County Commission this afternoon postponed a proposal to revisit the way it notifies the public when individual members want to meet with each other.

However, a number of commissioners, meeting as the Rules Committee, appear ready to implement a 48-hour notice. But, they said they wanted more time to research the issue. They’ll take it up again in November.

“I’d just like to put (a 48-hour notice) in our rules,” said commission Vice Chairman Brad Anders, who is spearheading the proposal. “There is no mechanism for punishment (if someone violates it), but it’s something the voters can see that reinforces confidence.”

Commission Chairman Mike Hammond agreed, saying “every person here ran on a 'more transparency' platform as I recall and I know I’m in favor of it.”

County Law Director Joe Jarret said “the courts have given inconsistent rulings on how to notice meetings,” but he suggested that “the safest way is to give at least 48 hours.”

He added that the law does not provide for emergency situations, something Commissioner Amy Broyles wants officials to look into.

This afternoon’s discussion, which lasted about 15 minutes, comes after officials said they were caught off guard in late September when Broyles, and commissioners Ed Shouse, Richard Briggs and Dave Wright held a small meeting to discuss county business at a Panera Bread restaurant on Kingston Pike.

Broyles sent notices to some officials and the media on a Friday evening – about 44 hours before the 3 p.m. gathering on Sunday, Sept. 25. But, many commissioners didn’t find out about it until Saturday morning.

Officials have not accused the commissioners of violating the Sunshine Acct, but do want to reach a consensus on how they notify the public. If they reach a decision, they will enter it into the body’s official rules.