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.”
James Maness was sworn in to the City Commission, replacing Will Sellers.
Jim Bradshaw was NOT sworn in to a new term – relying on Holleman’s advice that a commissioner’s term extends until his successor has been “elected and qualified.”
Holleman’s reading of the charter is quite selective, as it now also contains the following sentence:
No person may serve simultaneously as a commissioner or mayor and in an elected office within the county, state or federal government.
Jim Brashaw’s service on the commission since the adoption of the amendment by the voters of Mt. Juliet on Nov. 2 violates the City Charter. Any action of the Commission which depended on his vote is, arguably, null and void, including his election as vice-mayor. See update below.
UPDATE: As pointed out by Sonny Griffin (Mt. Juliet entrepreneur extraordinaire), the Tennessee State Constitution states that an amendment to a Home Rule Charter “shall become effective sixty (60) days after approval by a majority of the qualified voters voting thereon.” The amendment was approved on Nov 2, 2010 and thus becomes effective on Jan 1, 2011. If Mr. Bradshaw continues to serve as both county commissioner and city commissioner after that date, he will be in violation of the charter. If Linda Elam attempts to serve as both a state legislator and as Mayor after Jan 1, 2011, she will be in violation of the charter.