A few weeks ago, I informed everyone that the Tennessee State Attorney General's office had issued the opinion that rightly or wrongly, that the Jellico city charter does allow for a meeting called with only twenty-four hours notice. But the question of whether adequate public notice was given for the now infamous "special call" meeting was still very much in question and would need to be decided in the appropriate court of jurisdiction. (That is the meeting that was held in virtual secrecy by four councilmen to hire the city administrator without public approval or even public knowledge).
Other state officials as well as private attorneys have researched the situation at length since that time and they believe almost unanimously that Section 2.02c of the Jellico city charter is in direct conflict with the Tennessee Open Meetings Law. Most also believe that the "adequate public notice" requirement of that law was violated with the procedure that was followed in calling and conducting the meeting.
Most opponents of the hiring of a city administrator never became aware that a meeting was even scheduled for that purpose. And most could not have attended even if they had learned of the meeting since it was scheduled for 5:00 PM in the afternoon and most were at work or had prior commitments. (It is still hard for me and a lot of other citizens to believe that a decision - so extremely important to our town and involving thousands of dollars - could have been made in such a manner).
Many citizens are still very upset over that action and have consulted with an attorney knowledgeable in the field of governmental structure and operation, concerning the possibility of filing suit against the actions of the four councilmen.
The suit would allege (1) that the meeting was in violation of the "adequate public notice" requirement of the Tennessee Open Meeting ("Sunshine") Law; (2) that the meeting should therefore be declared illegal and that all actions taken during the meeting - including the hiring of a city administrator - be declared null and void; (3) that all funds paid for the salary of the city administrator should be recouped by the city of Jellico; (4) that the Jellico city charter should be declared in conflict with provisions of the Sunshine Law, and (5) that directions should be given to the city of Jellico by the court to bring the city charter back into compliance with state laws.
A few of the questions that the group would want answered include: Exactly who prepared the special "call" and at what location? Why was the meeting not processed through city hall as has always been customary? Why was the meeting called at 9:45 PM on a Sunday night and delivered to the chief of police at home rather than at his office during working hours? Why was the city recorder and other workers in that office not informed of the hastily called meeting - leading to their assurances to the public and media that no such meeting had been scheduled? Why could an issue of such importance to our town not await for a regularly scheduled monthly meeting only a week away when a large number of our citizens could have been present? Why was virtually everyone in attendance a supporter of the position of a city administrator? Who informed them of the meeting, when were they informed, and by whom? When and how did the very, very small number of opponents of the hiring of a city administrator learn of the meeting and how? Was the legality of the meeting questioned before any business was conducted? etc., etc.
Opponents of a city administrator are still considering all options but they say that a suit will probably be filed within the next few weeks challenging the legality of the meeting and seeking an answer to those and other questions.
I have made it clear time and time again that I will not participate in any meeting that is designed to prevent our having to face the public when we make important decisions. I hope that our councilmen will now prescribe to that policy also.
(We have our regular June meeting of the City Council this Thursday, June 15th 7:30 PM).
Work has been done on the 2000-2001 city budget by the new city administrator - a job done so very well for many years by our former city recorder Betty Hurst in consultation with the councilman serving as finance director and councilmen department heads.
Figures passed to myself and all members of council last week indicate that we are still in excellent financial condition. Our total fund balance was $ 548,764.27 as of May 31, 2000.
I mentioned in an article two weeks ago that I would like to obtain public and/or private funding for an industrial building to be located near the downtown area to provide jobs and potential customers for existing businesses and potential new businesses. I have discussed that idea with others and at least one individual has expressed some interest.
The building could be constructed on the property donated to city of Jellico by Norfolk Southern Railway (1.4 acres) and the adjoining section of our previously purchased property would also be available. Ample parking could be created by filling in our city owned property just below the railroad tracks as I stated in that article.
All of the property would need to be built up above the "100-years" flood level (approximately three feet for the former railroad property but much more for the property in the flood plain). I will continue to explore the idea.
I have received a letter from Charter Communications (Falcon Cable TV) stating that, "Effective with the July, 2000 billing statement, the new monthly rate for Tier package will be adjusted from $23.77 to $24.96, an increase of $1.19. The monthly rate for Tier package will be adjusted from $1.53 to $2.00, an increase of .47 cents. The monthly rate for SAT PAC will be adjusted from $7.80 to $8.19, an increase of .39 cents. The new monthly combined rate for Basic Service, Tier package and SAT PAC (total basic) will be adjusted from $33.10 to $35.15.
The rate changes stated above do not include applicable state and local taxes and franchise fee."
(An attachment to the correspondence indicates that a channel 37 will be added to our lineup of available channels).
According to councilman Alvin Evans, the recent surplus property sale by the city of Jellico resulted in $1,677.60 that is to be added to the general fund.
The "Summer Reading Program" has been scheduled for Fridays at 1:30 PM (June 16 through July 14) Jellico Public Library. Contact librarian Mrs. Dorothy Potter at 784-7488 for more information.
Two weeks ago I thanked our local veterans for their work in placing the American flags on the graves of deceased veterans.
I also want to be sure and thank the Jellico Cemetary Association for the great job they do in maintaining our Jellico Cemetary all year long - and especially for the Memorial Day weekend. People do notice and appreciate the work that those volunteers perform.
Shortly after assuming the office of mayor, I ordered American flags for our utility poles. The Jellico Utilities Department put them up on Fridays before the holidays and remove them shortly after the activities are complete. They add a great deal to the appearance of our town and they certainly add a patriotic theme - something that we cannot overemphasize.
FINAL NOTE:
It is great to see the work being done on the exterior of the Methodist Church. (I understand that work has also been performed or is planned for the interior of the building as well).
The Methodist Church is certainly one of the most beautiful buildings in Jellico as well as our surrounding areas. It has been a very familiar landmark for many, many years for locals and visitors as they first come into town from fifth street and the four-lane highway.
More and more our town is beginning to look the way that it once did. As I have said many times in the past, we still have miles to go to complete the downtown renovation but no one can question the fact that we are making progress.
We have predictions of possible severe drought this summer and I hope that the merchants who purchased and planted Dogwoods will water them as they have opportunity to do so? It is very important that they are watered regularly at least for their first two or three years and have opportunity to establish a good root system.
We will replant those that have died sometime in the future when conditions are more favorable. We will also do additional plantings.
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