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.
I would merely point out that I don't dispute that the resignation must be accepted. The Murray and Grace cases I cited suggest either the full commission or the chairman (county judge in the old days) can make the acceptance. However, no where does it say it has to be in an "official" meeting.
ReplyDeleteI suggest that Chairman Hammond effectively accepted the resignation when he set in motion the process to replace Mr. Jarret, at Mr. Jarret's request.
The quote from Justice Shields in the Grace case says it all:
"Official robes cannot be put off and assumed at the pleasure of individuals or officers. Public interest requires that all possible certainty exist in the election of officers, and the beginning and expiration of their term by law or resignation, and forbids that either shall be left to the discretion and vacillation of the person holding the office or the officer or body having the appointing power."
this is a mess....created by Jarret I might add.
ReplyDeleteHe appears, IMHO, to not be stable...which I might add, he also appears somewhat so in Commission.
He may be good, but with these recent activities, it appears he is not good enough or stable enough to remain in office.
So, now Ray Jenkins is opposing and lobbying for one of his Republican officeholders taken out to be replaced by an out of county resident, David Buuck. I would figure that he would support Buuck since the Repulican 1st Vice Chair Sevrance and the pavement guy Turner are both supporting Buuck
ReplyDeleteI'm not opposing anyone - I was merely pointing out the law on resignations. If Commissioner Hammond says he didn't accept the resignation, I don't have any further insight except to observe that all the activity to solicit applications for a replacement is more than a bit odd if he did not accept it. But, I guess it is what it is.
ReplyDeleteAnd I was not supporting any candidate for the appointment.
Also, it is my understand that Mr. Buuck is a Knox County resident.
Brian you usually have me rumored to be applying for every appointment that comes along. Why not now?
Ray,
ReplyDeletebecause no one has said that you are applying for this one. Are you?
As for David Buuck, the last time you supported him for the position over Joe Jarret his residency was in question. So, as Mr. Donila has eplained there is a trailer in Knox Co where Mr. Buuck is responsible for the taxes and a home in another county. So, are you saying that Buuck lives in Knox Co in a trailer and vacations in Blount Co?
You lobbied and supported Buuck last time when Jarret was appointed, because Jarret wasn't from around here, is there not a Knox Co Republican Attorney you could support, like your buddies Stokes and Tindell?
I am merely saying that I understood that Mr. Buuck lived in Knox County. I have no idea where.
ReplyDeleteAs I said, I was not supporting anyone for the appointment - and no, I'm not seeking any appointment, any time, to any position.
I think Billy and Chad would be surprised to see it suggested that we are "buddies," as you say.
As Chairman shouldn't you make a reasonable attempt to verify residency? What precinct has Buuck been an executive committee member in? He wasn't when I was Chairman, but he may have gotten active in the last 4-6 years. I always looked up prospective candidates registration and residency status. You took someone's word for it?
ReplyDelete