Commissioner Hagerty is sponsoring an Ordinance to repeal the Mayor’s Resolution

It’s on the agenda for the next meeting of the Mt. Juliet City Commission, Monday, November 22, at 6:30pm.

Here’s the text:

ORDINANCE 2010-__________
AN ORDINANCE AMENDING THE FY 2010/2011 BUDGET ORDINANCE 2010-36 TO REMOVE FUNDS FROM THE CITY ATTORNEY BUDGET IN THE AMOUNT OF $10,000 AND REPEALING RESOLUTION NUMBER 36-2010.

Whereas, resolution number 36-2010 seeking the hiring of independent attorneys passed at the last city commission meeting by a vote of 4-1, and

Whereas, the resolution sought to expend $10,000 as retainer fees to the attorneys, and

Whereas, a resolution cannot be used to appropriate city monies, and

Whereas, the city attorney anticipates requesting a budget amendment of $10,000 or more in the future to pay these expenses, and

Whereas, two of the four commissioners who voted positively for the resolution are personally effected by the vote and should not be eligible to vote, and

Whereas, the referenced resolution is null and void by a positive vote on this budget ordinance.

NOW THEREFORE BE IT ORDAINED by the City Commission of the City
of Mt. Juliet, Tennessee as follows:

Section 1. The 2010/2011 Budget Ordinance (Ordinance 2010-35) is hereby
amended as follows:
City Attorney: minus $10,000.

Section 2. Resolution number 36-2010 hiring independent attorneys is hereby repealed.

Section 3. The budget ordinance, as amended, is ratified and readopted in all respects and this amendment is incorporated therein.

BE IT FURTHER ORDAINED:
Section 4. In case of conflict between this ordinance or any part hereof, and
the whole or part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of the conflict but no further.

Section 5. If any section, clause, provision or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision or portion of this ordinance.

Section 6. That this ordinance shall take effect at the earliest date allowed by law, the public welfare requiring it.

Advertisements

17 Comments

Filed under City Charter, Mt. Juliet City Commission

17 responses to “Commissioner Hagerty is sponsoring an Ordinance to repeal the Mayor’s Resolution

  1. Concerned Citizen

    Too bad he needs two more votes.

  2. I think he’s got one.
    Rumor has it, he might have two.

  3. Butch Huber

    The city commission should defund Holleman.

    The city commission may or may not be able to fire Holleman directly, but they can take away the funds that would be used to pay his salary.

  4. Thank you Mr. Hagerty. Shame on you Mr. Floyd. We are watching Mr. Maness. As far as Holleman, let’s cut out the “middle man”…we do not need him. He can easily be replaced in this instance by the Yellow Pages.
    R.P.

  5. Just Curious

    If this passes and attorneys fees are not approved to be funded, will that force the Mayor and Mr. Bradshaw to step down from one of their offices? Could they just ignore this and continue to serve both offices?

  6. Butch Huber

    Doesn’t the election commission have a responsibility to verify the eligibility of a person to hold an office? Can they seat a person in a commission seat if that person is not eligible?

    I don’t think Linda is a problem. I am sure that republican leadership will keep her in line. Bradshaw can’t be seated as a commissioner of Mt. Juliet if he is not eligible. If they haven’t settled this issue then there will be a vacancy on our commission, which will then be filled by appointment of the Commission. Then Bradshaw will have to fight to get his seat back. That puts him in a very difficult place because he would have to invest his own money and he would almost certainly lose. He would have to resign his seat on the county commission prior to being sworn in, which is doubtful he would do.

  7. Elam is the one we all want out. Hagerty did an awesome job tonight at the Commission meeting. She did her best to out lawyer him but he held his own. I’ve never seen Holleman get so “beside himself”. I’m still waiting on one of y’all to get a bright idea. I’ll help with the leg work – if you’ll just come up with a plan.

  8. Butch Huber

    What happened tonight is an absolute travesty.

    Ed, if there is anyway I can help, get in touch with me.

  9. Southsider

    Ed Hagerty represented the people in his district tonight. He was alone in doing that.

    Floyd looked like Elam’s brother.

  10. Butch Huber

    “I’m not a politician, I’m a servant of the people”. Linda Elam

    “We can do anything we want until a judge tells us we can’t”. Linda Elam

    Hmmm…….

  11. Double shame on you, Ted Floyd. What a complete disappointment. Are you wearing a homemade “Make me Mayor” t-shirt? WHY CAN YOU NOT DO THE RIGHT THING? STOP FEEDING YOUR EGO AT THE EXPENSE OF MY VOTE! That goes for the red queen and bearded Gump, too.

  12. Pop Korn

    Looks like Ted’s power play backfired on him. Elam nominated him for Vice-Mayor and he still lost but he’s forever tainted. I wonder if Mayor Bradshaw will be negotiating with county commissioner Bradshaw on the fire issue. Maybe they’ll argue.

  13. County Court Follies 2011?

  14. Just Curious

    I missed this last night. I am waiting for them to post the video on the city website. Can someone tell me who is the Vice Mayor now?

  15. More details will be posted later, but from a variety of reports:

    Mayor Linda Elam unilaterally removed Commissioner Ed Hagerty’s ordinance from the agenda. Her justification was that Roberts’ Rules does not allow the losing side to revive a motion for reconsideration, only the prevailing side. City Attorney Jason Holleman backed her up.

    For Vice Mayor, there was a vote on Ted Floyd. He received two votes (his own and Linda Elam’s)
    There was a vote on Ed Hagerty. He received two votes (Floyd & Maness – Hagerty abstained)
    There was a vote on Jim Bradshaw. He received three votes (Floyd, Maness, and his own)
    Jim Bradshaw was thus elected Vice-Mayor.

    Mayor Elam then attempted to hold a vote to elect a new City Commission representative to the Planning Commission – a position currently held by Commissioner Ed Hagerty. Hagerty was first elected to represent the City Commission on the Planning Commission in 2000. He was re-elected in 2004 and 2008. Commissioner Hagerty pointed out that his term on the Planning Commission had not expired and that a vote was improper. Reportedly, Commissioner Hagerty had to read from the section of the City Charter which specifies the term of office for the City Commission’s representative to the Planning Commission. Mayor Elam and City Attorney Holleman’s response to this was the equivalent of “oops.”

  16. Butch Huber

    Just Curious,

    I think the question “who is the vice mayor” will have to be settle by a court of law.

    Jim Bradshaw cannot legally sit on the city commission because he is a county commissioner and the citizens of this city voted to prohibit such a event. The city commissioners should never have allowed him to sit on the board of commissioners last night. He cannot be sworn into office because he is not eligible to serve.

    Jim Bradshaw nominated himself. Since he cannot sit on the commission he cannot nominate himself. Therefore, nobody else can vote for him either. To become vice mayor you have to first be a commissioner, and since Jim is a county commissioner he cannot be a city commissioner.

    Since nobody had three votes (remember, jim couldn’t vote because he isn’t a commissioner for the city since he can’t be a commissioner for the city because the voters said he can’t be a commissioner because he is a county commissioner…see how convoluted things become when evil sticks its nose into things?) and since Former Vice Mayor Sellers is no longer a commissioner, there is no vice mayor. There is only an impersonator posing as vice mayor under the fog of evil.

    Oops, my eye. Elam has been on or involved with the city planning commission for 10 years, she knows what’s up. She can fool some of the people into believing that he is just a “civil servant”, but I know her skin is full of scales and her tongue is forked, I know she sheds her skin, I know she has vipers and spews venom…if it slithers like a snake, if it looks like a snake, and if it acts like a snake, you can be sure it is one of two things, an attorney or a politician….oh, yeah, she’s both!

    This is going to take citizen action to clear up and we need to do it fast. This is going to take filing a lawsuit against the city in Chancery court asking for an injunction and forcing the commissioners to do their sworn duty to follow our city charter.

  17. Interested

    I’m not a lawyer myself but I’d think it would definitely be a conflict of interest to use the “attorney client privilege” when that attorney represents the city, of which Elam is the Mayor. It would seem that no attorney hired to represent the city could also represent an individual officer of that city against other individual officers when that representation concerns matters upon which both of those officers have an obligation to vote. So Elam can have private conversations with the City attorney and the city attorney can’t let the other officers know about those conversations to their detriment? This is laughable. Here come da Judge!!! Evil trickery and illegal I think.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s