Ethics panel turns down 2 requests

MIKE WEST
Courier Editor

Cannon County's newly-appointed Ethics Committee rejected two citizen's complaints following a lengthy inaugural meeting Monday, February 27.

The group was recently appointed by County Executive Mike Gannon and includes County Commissioners Mark Barker, Glenn Steakley, Richie Hunter, Trustee Norma Knox and citizen Dr. Bill Jennings.

Barker was elected chairman of the panel and Knox was elected secretary in what began as an informative first meeting.

County Attorney Mike Corley first outlined the narrow parameters the committee functions under state law.

"We need to look over your duties since this is first time you've met," Corley said. "This policy is very narrowly drawn."

The Ethics Committee has two basic charges. 1. Investigate complaints of gifts made to elected officials. 2. To investigate financial conflicts of interest.
"That is your duty. That is your charge," Corley said.

Commissioner Steakley had checked into the duties of the committee after he was appointed to it.

"What I found out is exactly what Mr. Corley has said," Steakley said.

Commissioner Hunter was less confident.
"We are treading water when we don't know what to do," Hunter said.

"It's not a general grievance committee," Corley added.

"This narrow scope is all we can do," said Barker.

"You have the option of hearing these to complaints and referring them to the county attorney or district attorney general," Corley said.
After some hesitation, the committee decided to hear the complaints.

The first was from citizen Paul Morgan who claimed his First Amendment rights had been violated at a recent meeting of the County Commission by County Executive Gannon who had ordered him to leave.

Morgan had presented a copy of his complaint to the committee members. Barker then read it aloud.

Morgan said he had withdrawn the complaint following an apology by Gannon, but added he would like the County Commission to set some parameters when it comes to members of the public speaking at public meetings.

"Out meetings are informal," Barker explained, contrasting them to the more formal style of the Rutherford County Commission in Murfreesboro. "We may not want to be as strict as Rutherford County."

In Rutherford County, citizens aren't allowed to speak unless they are on the agenda. Public comments are generally confined to the first of the meeting and are limited by time. In Cannon County, citizens often speak out without identification in the middle of discussion of a particular issue.

Following a motion by Steakley, Barker said he would bring up the issue at the next County Commission meeting.

Attorney Danny Rader, who was representing Gannon on an individual basis, brought up the fact that Morgan's complaint didn't deal with an ethical issue.

"With all due respect to the Mr. Morgan and the committee, Mr. Morgan's complaint doesn't fit this ethics policy. It's not about any kind of gift. It's not about any conflict of interest. There is no valid complaint under this ethics policy," Rader said.

"So in respect to your motion, I wouldn't want it to be misconstrued as accepting Mr. Morgan's complaint as a valid complaint regarding the ethics policy. I ask that you dismiss the complaint because you don't have jurisdiction over these generalized grievances," he continued. "I don't want it to be confused that Mr. Gannon has violated this ethics policy in any way."

The committee members agreed and reworded Steakley's motion to "we find no ethical violation has occurred." Chairman Barker agreed to present the question of meeting decorum to the full County Commission.

Turning to a complaint filed by Katina George, Hunter quietly asked "does this fall under our guidelines?"

Barker proceeded to read George's complaint.

George said she witnessed what she considered a serious violation of the ethics policy on January 30. In her letter to the Ethics Committee, George said she overheard a conversation between County Executive Gannon and Commissioner Adam Melton "considering various topics" including the then open post of Circuit Court Clerk.

"I'd like to say this is all hear-say," Barker added as he read the letter.

"I see no allegations in this letter ... anything that falls under the jurisdiction of this panel," Barker said before asking each committee member if they agreed.

"I'm gonna ask again, Katina do you have anything to add to your letter," Barker asked.

"No, I do not," George answered.

Commissioner Jim Bush, who was in attendance, asked Barker why he had approached George prior to the committee meeting as asked her to withdraw her complaint.

"I am the one who nominated her (Mrs. George) for that position" (Circuit Court Clerk), Barker explained.

Barker told Bush "you and I and one other voted for her. Five other commissioners voted for another person who had run for that office."

"That is why I went to her because I heard she had filed this complaint and I just wanted to know more about it. She and I had a private conversation about it in her office," Barker said.

"I had nominated her and voted for her Jim ... how many times? Three. I just wanted some more information," he said.

Bush said the committee should refer the issue to the state Comptroller's Office. "Let's not kick this can down the road," he said.

Barker said he doubted if the state comptroller or the district attorney general would be interested.

"The district attorney general doesn't investigate gossip," Barker said.

"As to my opinion, I don't think there's any allegation under the ethics policy," Corley said.

"This just doesn't fall anywhere in our hands," Hunter said. "Our decision doesn't matter at all. It doesn't matter what side you are on."

Hunter moved to reject George's complaint. Steakley seconded. The measure passed on voice vote.

"I'm pleased they made the decision they did - unanimously," attorney Rader said after the conclusion of the meeting.