A Few Facts

Here are just a few more facts pertaining to a utility employee, Ms. Maples, name being on the ballot for the Lenoir City council election in November.

There is a Tennessee law, written in 1996, that states that a city employee can not run for city council. So the question, is a utility employee actually a city employee? There is a 1998 Tennessee Attorney General "Opinion" on the 1996 law that says, 

"A court would "probably" conclude that an employee of the board of public utilities is an employee of the municipal government". The same Tennessee Attorney General "Opinion" goes on to state however, that there has never been a case tried in the state to adjudicate the 1996 law, i.e., there's no case law on this question. There are even some judicial types that claim that the 1996 law would never stand legal muster if challenged in court.

So, Ms. Maples candidacy hinges on a law that has never been tested and Tennessee Attorney General "Opinion" that can only say "probably". That's some pretty weak stuff to boot a qualified candidate from a ballot.

So the next question would be, if Ms. Maples, as a utility employee is deemed ineligible to run for city council, does the same prohibition apply to the other, incumbent, council persons running for re-election due to their employment with the utility?

Here are the facts. By terms of the city charter, city councilpersons are members of the Utility Board. The Charter also provides that Utility Board shall set compensation for members of the Utility Board but does not stipulate an amount. Board members are deemed employees of the utility and are compensated for their employment.

Prior to adoption of the 1996 law, city/utility employees were allowed to run for city council. The portion of the Lenoir City Charter that lays out compensation for Utility Board members was also written before the 1996 law was passed. So, possibility, Lenoir City officials should have updated their Charter/policies for Utility Board members to accommodate the 1996 law. Of course, if Utility Board members are not paid for their services as Utility Board members, then they would not be employees of the utility but volunteer board members.

Lastly, I've heard and read the statement from city officials that it would be absurd to think that a utility board employee could set on the Utility Board because that would make the employee the boss of the employee's boss. Of course this makes no since. There are 9 members of the Utility Board. No single Utility Board member has any power or authority over any utility employee on their own. Utility Board members only have any authority when the board, as a whole, is in session, in an announced, legally convened meeting even then, each member only has one vote.

Utility employees receive compensation for their service with the utility. Utility Board members receive compensation for their service with the utility. Utility employees receive insurance and other benefits for their service with the utility. Utility Board members receive insurance and other benefits for their service with the utility. Maybe this would be a good time to throw in the goose and gander thing.

It's obvious current city officials desperately want to prevent Ms. Maples candidacy and I suspect will go to any lengths to try to have her removed including going to court if the election commission doesn't give them what they want.

That's unfortunate but not surprising.             

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8/23/18