It appears so. The Mt. Juliet City Commission meets tonight at 6:30pm. This is the first regularly scheduled meeting after the election.
City attorney Jason Holleman has opined that the new D1 Commissioner Ted Floyd cannot be seated until his election has been “certified” by the Wilson County Election Commission. And so, according to the City Attorney, Ray Justice will sit in the D1 seat tonight and get another chance to vote to give the YMCA eight acres in the heart of Mt. Juliet.
The City Attorney’s interpretation begs the quesion of why Linda Elam and Ed Hagerty get to continue to sit in their seats, but there is a saying that “possession is nine-tenths of the law.”
TCA 6-20-107 Declaration of results (in the section on Cities – Election of Commissioners) says:
“The county election commission shall determine and declare the results of the election. The requisite number of candidates receiving the highest number of votes shall be declared elected.”
TCA 6-20-109 Beginning of terms of office then goes on to say:
“The terms of all commissioners shall begin at the beginning of the first regularly scheduled meeting of the board of commissioners following the date of their election.”
