Rep. Elam & Mayor Elam once again have conflicting responsibilities

Here we go again.

The Mt. Juliet City Commission is scheduled to meet on Monday, March 14th at 6:30pm (Public Hearing at 6:00pm). Agenda is here.

The Tennessee House of Representatives is scheduled to meet on Monday, March 14th at 5:00pm. Schedule (and link to floor calendar) is here.

But wait. It gets worse. Governor Haslam is scheduled to give his State of the State Address to a joint conference of the Tennessee General Assembly at 6:00pm. And this has been known for over a month.

Mayor Elam had to request a rescheduling of the February 14th meeting of the Commission “due to a conflict.” The Commission met on Tuesday, Feb 15th. Here’s a tip as to why: Once the session begins, the Tennessee House meets EVERY Monday evening at 5:00pm. Mayor Elam has known for months that she would face these conflicts.

The regularly scheduled meeting for February 28th was “cancelled.”

There’s a major conflict looming for March 14th.

Prediction: March 28th won’t be any better for Mayor Elam.

And remember: She forced the City of Mt. Juliet to spend over $26,000 finding a loophole so she could continue to serve as Mayor (and draw her paycheck every month) after she was sworn in as a member of the Tennessee House of Representatives.

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93 Comments

Filed under City Charter, ethics, Mt. Juliet City Commission, Tennessee Legislature

93 responses to “Rep. Elam & Mayor Elam once again have conflicting responsibilities

  1. Southsider

    Maybe the city should amend their charter to not allow officials to hold dual offices.
    Oh wait.

  2. Butch Huber

    They set the meeting times and places by ordinance, according to law.

    According to law, they cannot alter or amend an ordinance except by an ordinance.

    They took an oath stating that they would fulfill the duties of their office.

    There is no authorization in the law for them to miss a meeting.

    The law allows them to compel a commissioner to attend a regularly called meeting of the board of commissioners.

    To fail to do one’s duty is dereliction of duty. Dereliction of duty is grounds for dismissal or removal from office.

    They are violating the law and their own charter when the neglect to attend the commission meetings. The provision in the law that allows the vice mayor to preside over the meetings is not tacit approval for their absence, but rather a contingency in the event that some unforeseen eventuality prevents a member from attending the meeting. Intentional absence from the meeting is not excusable. They elected to run for office, they should show up and do the job for which they asked us to elect them to.

    As the article above states, they spent $26,000 to thwart the will of the voters so that she could continue to hold the office of the mayor of this city while serving as a State Representative, now she doesn’t show up for the meetings and has to reschedule meetings to accommodate her. How arrogant can a person be? She should immediately step down and allow Vice Mayor Hagerty to take over.

    This isn’t over, BTW.

  3. It’s just like the fire issue, ethics, elections, and ordinances…there’s going to have to be more than just the eight of us giving a flip. Why can we not find good people to do a good job?

  4. Southsider

    It is a shame the city doesn’t take the county to court on behalf of Mt. Juliet’s citizens. Why not?

    They have already taken the citizens to court on behalf of two elected officials so they could serve dual offices.

  5. Butch Huber

    Southsider…the answer is, lack of character, lack of leadership, lack of will, lack of understanding, and lack of caring. We, the citizens, only matter during election cycles and then only to those who are trying to be elected. It is the same everywhere. We need to elect people to fill seats who are there to “serve”, not “be served”. This isn’t to say that there aren’t “some” politicians who are good people who are trying to do good things, they are just in the smallest of minorities.

  6. Old Blevins

    Elam will milk every dime she can from elected offices as she doesn’t have a ‘real job’. I suspect this includes ‘supplemental income’ from developers and anyone else who wants something from the city or state. Perhaps an IRS audit is in order?

  7. Sonny Griffin

    I would like to share with you portions of a letter I received from District Attorney General Tom Thompson in regards to actions of the Mt. Juliet City Commission. The letter is dated 23 February, 2009.

    “Dear Mr. Griffin:

    Thank you for your letter concerning resolutions passed by the Mt. Juliet City Commission in regard to the “old elementary school” property. This is not a political matter but one of interpreting the statutory law as passed by our legislature. My role as the chief prosecutor of the district is to decide whether any criminal law has been broken and what action should take place to address it.

    The interpretation of municipal law is a matter properly left to the Commission and its appropriate legal counsel. The city commission is responsible to both appropriate and spend city funds. Certification can be oral as well as written.

    You allege that the City Commissioners that voted in the affirmative have committed Official Misconduct as set out by TCA 39-16-402. On this point I cannot agree. I have prosecuted many public officials for Official Misconduct and other crimes in over thirty years as your District Attorney General. In all instances, each public official acted with intent to obtain a personal benefit or harm another. I do not find this is so in the present matter. I find that the Commissioners that voted in the affirmative were intending to further the best interests of the City. I also find that there is no showing of any personal benefit to them individually. For these reasons, I must decline to further investigate and prosecute this allegation.”

    I agree with General Thompson on his position in the matter of the “old elementary school” property. The reason that I wanted to share this letter with everyone is so you know which buttons have to be pushed to get the District Attorney to prosecute a public official.

    1. He or she has to break a criminal law.

    2. He or she has to act with intent to obtain a personal benefit or harm another.

    With that in mind, missing meetings, tampering with public employees, manipulating city business and other situations dealing with city commission matters are not of concern to General Thompson. The offense has to be a criminal act breaking a criminal law.

    Recently, Linda Elam filed a lawsuit against the City of Mt. Juliet. In paragraph 5 of her complaint it is stated that:
    “Mayor Elam brings this declaratory judgment action against the City at the instruction and directive of the Board, which has determined that this Court should resolve a genuine controversy over the construction and application of an amendment to the City’s Charter as respects Linda Elam.”

    A directive is usually a written order. It seems that there are no records of the directive or the instructions referred to above. It seems that members of the Board don’t remember issuing any instructions or directives to Elam to personally bring any action against the City. Is this a false fabrication by Elam and her attorneys to personally benefit Linda Elam?

    In paragraph 32 of her complaint, it is stated that:
    ”Nonetheless, the City – by majority vote of the Board – (a) hired outside counsel to represent Linda Elam and the City on this disputed issue of law; and (b) directed that this declaratory judgment action be filed for a judicial determination of whether the amendment to the City Charter reflected in Ordinance 2010-40 precludes her from serving as Mayor for her remaining term or for any period prior to her planned resignation. As instructed and directed by the City, Linda Elam has therefore filed this action.”

    It seems that members of the Board don’t remember hiring outside counsel to represent Linda Elam personally on any issue. It seems that there are no records of the directive referred to in (b). It seems that members of the Board don’t remember issuing any instructions or directives to Elam to personally bring any action against the City. Is this a false fabrication by Elam and her attorneys to personally benefit Linda Elam?

    In Linda Elam’s Motion for Judgment on the Stipulated Facts, it is stated that:
    “In lieu of a protracted, expensive court battle under some other procedural format, the Board voted to hire outside counsel to seek an expedited declaratory judgment decision from this Court based on the undisputed facts.”

    There seems to be no record of any vote by the Board to hire outside counsel to seek an expedited declaratory judgment decision from this Court based on the undisputed facts. Are they referring to Resolution #36-2010?

    Resolution #36-2010 states that:
    “ the Mt. Juliet Board of Commissioners desires to retain attorney Frank
Lannom and attorney Kathryn Sasser to act as legal counsel in assisting in the
determination of the effective date of the charter amendment;”
    Outside counsel was hired to assist in the determination of the effective date of the charter amendment, nothing else. They certainly did not hire outside counsel to bring a lawsuit against the City in Linda Elam’s behalf. Is this yet another false fabrication by Elam and her attorneys to personally benefit Linda Elam?
    Does “protracted, expensive court battle under some other procedural format” mean a lawsuit filed by Linda Elam against the City of Mt. Juliet where she pays her own legal fees?

    The following is a copy of Resolution 36-2010:
    RESOLUTION #36-2010
[Approval] OF ENGAGEMENT LETTERS WITH ATTORNEY FRANK LANNOM AND ATTORNEY KATHRYN SASSER AND AUTHORIZING THE CITY MANAGER TO SIGN THE LETTERS OF ENGAGEMENT
    WHEREAS, upon adoption by the Mt. Juliet Board of Commissioners Ordinance 2010-40 a proposed charter amendment was placed upon the November 2, 2010 ballot to prohibit a person from serving as the Mayor or as a City Commissioner in the City of Mt. Juliet while at the same time holding a county, state or federal elected office;
    WHEREAS, the citizens of the City of Mt. Juliet approved the proposed charter amendment;
    WHEREAS, on August 5, 2010 City Commissioner James Bradshaw was elected to the Wilson County Commission and was re-elected to the Mt. Juliet Board of Commissioners on November 2, 2010;
    WHEREAS, on November 2, 2010 Mayor Linda Elam was elected to the State House of Representatives;
    WHEREAS, the Mt. Juliet Board of Commissioners desires to seek a declaratory judgment in Wilson County Chancery Court to determine the effective date of the charter amendment; and
    WHEREAS, the Mt. Juliet Board of Commissioners desires to retain attorney Frank
Lannom and attorney Kathryn Sasser to act as legal counsel in assisting in the
determination of the effective date of the charter amendment;
    NOW, THEREFORE, be it hereby resolved that,
    1. The Board of Commissioners approves the two engagement letters with
attorney Frank Lannom and attorney Kathryn Sasser and retains their
professional services upon the terms and conditions contained therein.
2. The Board of Commissioners authorize City Manager Randy Robertson to
sign the Letters of Engagement.

    Don’t forget that Linda Elam sponsored and voted affirmatively for Resolution #36-2010. That means she cannot receive any personal benefits from the resolution.

    The engagement letter of Attorney Kathryn Sasser states that:
    “Dear Jason,
    This engagement letter will confirm that, subject to the approval of the Mt. Juliet Board of Commissioners, you and the City of Mt. Juliet have engaged Walker, Tipps and Malone PLC (“WTM”) to litigate the issue of the effective date of the Mt. Juliet Charter Amendment adopted by Referendum on November 2, 2010.”
    The effective date of the Charter Amendment was known when the lawsuits were filed. Why was the lawsuit filed? One theory is to defraud the City of Mt. Juliet for Linda Elam’s attorney fees.

    One thing in all of this is very clear and that is the Board of Commissioners never voted to pay Linda Elam’s attorneys fees nor did they instruct or direct Linda Elam to bring suit against the City of Mt. Juliet. Mr. Thompson made it very clear to me that “the city commission is responsible to both appropriate and spend city funds.”
    Since the City Commission did not vote for paying her fees, who is authorizing this expenditure?

    Has Linda Elam broken any criminal laws?

    Has Linda Elam acted with intent to obtain a personal benefit or harm another?

    If you think so, write a letter to District Attorney General Tom Thompson.
    His address is:
    P. O. Box 178, Hartsville, TN 37074

    Maybe you’ll have better luck than I did.

  8. Southsider

    Sonny, I hate to say this but it isn’t just Elam who has acted unethically. These are grounds to dismiss the City Manager.

    The City Commission authorized one thing, and he did another. In the process he spent nearly three times more money than was authorized.

    Elam should not have allowed this either in that she was ultimately benefited, but this is a clear-cut example of the City Manager operating contrary to the will of the commission to benefit an individual – it just so happens that individual is Linda Elam.

    They have grounds to fire him with cause.

  9. Butch

    Sonny,

    I take it you have personally spoken with the commissioners and have gotten the impression that they don’t know who this lawsuit was authorized? Am I correct?

  10. Paul Deyo

    Sonny, as always you are on top of things.

    Did the commission meet last night? Was our ‘multi-tasking’ mayor present?

  11. Sonny Griffin

    Butch,

    I spoke to one of the commissioners who was on the Board throughout the time this matter was before them.

    He told me that the first time he knew there was a lawsuit filed by Linda Elam against the City was the day it was filed at the courthouse. The only thing authorized by the commission concerning this matter, as far as I know, is Resolution #36-2010.

    It is clear that this resolution had one purpose only and that was to determine the effective date of the Charter Amendment.

    It is my belief that Hagerty, Sellars and Floyd knew nothing of a personal lawsuit by Elam against the City until it was filed.

    I don’t know exactly who authorized the lawsuit. As you can see, the engagement letter of Kathryn Sasser only authorizes her to do legal work to assist in the determination of the effective date of the Charter Amendment.

    If I had to guess, I would say that Jason Holleman authorized the suit. I don’t see how it could be anybody else. If he did, where does he get his authority to do so?

    Sir Walter Scott was so right when he wrote:
    “Oh, what a tangled web we weave, when first we practice to deceive!”

  12. Sonny Griffin

    In my opinion, there is nothing wrong with Resolution #36-2010 even if Elam did sponsor it. It is clear that determining the effective date of the Charter Amendment is its only intent and purpose. Determining the effective date is just a procedural matter with no personal gain for Elam. The reason the Resolution was needed in the first place is another matter.

    It is stated in Resolution #36-2010 that:

    1. The Mt. Juliet Board of Commissioners desires to seek a declaratory judgment in Wilson County Chancery Court to determine the effective date of the charter amendment.

    2. The Mt. Juliet Board of Commissioners desires to retain attorney Frank Lannom and attorney Kathryn Sasser to act as legal counsel in assisting in the determination of the effective date of the charter amendment.

    3. The Board of Commissioners approves the two engagement letters with attorney Frank Lannom and attorney Kathryn Sasser.

    4. The Board of Commissioners authorize City Manager Randy Robertson to sign the Letters of Engagement.

    The effective date of the Charter Amendment is a very important thing and needed to be determined.

    It is so important, in fact, that it was determined in a 1953 Amendment to the State Constitution concerning Home Rule. It has been in the State Constitution, Article XI, Section 9 for 58 years.

    So, why did the City of Mt. Juliet hire attorneys to determine this date? Especially since Mt. Juliet City Attorney, Jason Holleman, told the Board of Commissioners in a discussion about Resolution #36-2010 that:

    1. His advice was based on general thinking about Article XI, Section 9 of the Tennessee Constitution.

    2. He had read the Constitution in detail.

    From Aricle XI, Section 9 of the Constitution:

    “It shall be the duty of the legislative body of such municipality to publish any
    proposal so made and to submit the same to its qualified voters at the first general state election which shall be held at least sixty (60) days after such publication and such proposal shall become effective sixty (60) days after approval by a majority of the qualified voters voting thereon.”

    If Holleman had read the Constitution in detail, how did he miss this?

    This became public knowledge on 15 December, 2010 on RFMJ. The lawsuit was filed on 11 January, 2011 with full knowledge by all parties that the effective date had been established 53 years ago in the State Constitution.

    Did the City of Mt. Juliet stop any legal action it was taking in determining the effective date according to Resolution #36-2010? Apparently not. Someone just arbitrarily changed the entire intended scope of Resolution #36-2010 .

    Kathryn Sasser states in her engagement letter of 8 November, 2010 that her law firm has been engaged “to litigate the issue of the effective date of the Mount Juliet Charter Amendment adopted by Referendum on November 2, 2010”.

    It should be noted that “litigate” means to do legal work. It does not necessarily include the filing of a lawsuit.

    On the other hand, Frank Lannom states in his 4 November, 2010 engagement letter that: “This letter is a proposed representation agreement to retain my services, as counsel to represent the City of Mt. Juliet in connection with the legality and enforceability of the recently passed charter amendment —-.”

    Who authorized this engagement letter? It has nothing to do with determining the effective date of the Charter Amendment.

    It does however represent a defense by the City to a challenge of the City Charter.

    This letter tells me that Frank Lannom was doing exactly what he was asked to do. You will notice that nowhere in his letter did he mention the determination of the effective date of the Charter Amendment. This engagement letter was signed by the City Manager.

  13. Old Blevins

    A bucket of tar, a pillowcase full of feathers and a giant broom….that’s what’s needed at City Hall!!

  14. Butch

    Sonny,

    If you have copies of the engagement letters, the resolution, the briefs they submitted to the judge, etc, I would like to have a copy of them. If possible, I would like to get ahold of them as soon as time will permit. I am working on something and timing is critical.

    Thank you.

  15. Southsider

    Manass and Hagerty could have voted to fire the City Manager last night with cause. Even if Bradshaw had voted against it Robertson would be gone by a vote of 2-1. I never thought I would live to see the day that the city would pay to sue itself on behalf of two elected officials.

    It is pretty clear to me that the whole Commission has put its seal of approval on all of this. If not, they would do something about it.

    Someone, anyone, please tell me what I am missing here.

  16. Sonny Griffin

    Butch,

    A copy of the text of Resolution #36-2010 is in my 14 March, 2011 post this blog.

    Complaints, briefs, etc. are archived under “Complaints filed by Linda Elam & Jim Bradshaw” on this site.

    Call me and give me your e address for pdf files of letters of engagement.

    Southsider,

    I don’t think you are missing a thing. It’s the damnedest thing I’ve ever seen. The sheer arrogance and disrespect for the law exhibited by the people involved in this frustrates us all. I guess they just think we are all stupid or don’t care.

    I believe the commissioners are scared that if they do something now, it will give her an excuse to stay because she has to defend her “honor” or some such BS.

    The commission should turn this whole matter over to the District Attorney to investigate a scheme to defraud the City of Mt. Juliet for attorney fees and let the chips fall where they may. All it would take is a resolution sponsored by one commissioner. Which of them, if any, do you think has the balls?

  17. Butch

    Publius, would you send Sonny my information so that he can send me those files? Thank you.

  18. Doc Cider

    I think Elam will stay a) As long as she can get away with deriliction of duty here. If she is drawing a paycheck, we are paying for her to be absent from meetings. b) Until she has tried to milk these private emergency subscription people for a kickback. This is the wrong solution to solve a big problem, and if it progresses with her help it should be watched carefully.

  19. Southsider

    I wonder if some of the Mt. Juliet Commissioners are cleaning Elam’s house while she is downtown attending State House meetings.

    There is a lot of spring-cleaning coming up. Perhaps one can wash dishes, one can mop, and the other can vacuum.

    Why not? They are spending all their meeting time covering for her.

  20. Pop Korn

    I can think of some Spring cleaning that needs to be done….inside City Hall!

  21. Butch Huber

    Anyone ready to grab a broom? I’ll hold the dust pan.

    If we are ever going to take back this country from the far left liberals who seem bent on destroying everything good about this country, we must be willing to get a little dirt on us as we take out the trash.

    If we are going to restore any level of integrity to our government it will have to start at the local level. If we aren’t willing to stand up to those in power at the local level how will we ever stand against those with real power?

    The City Commission in Mt. Juliet authorized the City Manager to sign two letters of Engagement with attorneys for the purpose of determining the effective date of the Charter Amendment. The singular directive was to “determine the effective date of the Charter Amendment.” The resolution authorizing the signing of the engagement letters did not authorized the City Attorney to hire an attorney for the benefit of either Linda or Jim, but rather the job to be performed was to determine the effective date of the Charter Amendment.

    Sonny Griffin pointed out Amendment XI, Section (9). That item states that the effective date of the Charter Amendment will take place 60 days after being adopted by the voters, which was January 1, 2011.

    Prior to the attorneys filing their paperwork with the Chancellor, they knew full well that the effective date was on January 1, 2011. Ms. Sasser even says in her own paperwork that the effective date of the Charter Amendment isn’t in dispute! Kathryn Sasser’s letter of engagement with the city states that the reason she was engaged was to determine the effective date of the Charter Amendment. So, if she knew what the date was, and if the other Attorney knew what the date was, and if the commission and the city attorney knew what the effective date of the Charter Amendment was, as they did know at that point, then why did we spend $26,000? I will tell you why. They spent that money to file a complaint on behalf of Linda Elam and a response to that complaint. She filed a complaint against this city. There was absolutely no official motions or any resolutions or ordinance of any sort being passed or sponsored that would have jeopardized the Mayor’s position in this city or as a State Representative prior to the filing of the Complaint against the city. So, if there was no action taken against her to remove her from any office or to deprive her of any power or rights or privileges, and if she could fully exercise any right, privileges or powers, what complaint would she have?

    A point of order….it is official misconduct to misappropriate government fund in an attempt to provide a benefit or gain to a person or to obtain a benefit or gain for oneself. Can someone explain to me how the complaint filed before the Chancellor wasn’t solely for the benefit of Linda Elam and James Bradshaw? 87% of the voters voted not to let them serve in two offices at the same time, the measure passed, so isn’t using that money also working against the will of the voters?

    I am having a hard time accepting that there isn’t anything to look at here…. can anyone help me understand how this isn’t official misconduct?

  22. Doc Cider

    Butch, there is no question that you and Sonny are absolutely correct. What needs to happen is for the general population to take notice and get mad.
    It’s sadly clear the local press won’t help. Eyewitness News Investigative Team needed? I had hopes that the MJ News was turning into a real newspaper with some of the on-point editorials but they’ve gone back to sleep along with the Chron.

  23. Sonny Griffin

    Butch,

    Very well written analysis of the situation.

    You say that:
    “She filed a complaint against this city. There was absolutely no official motions or any resolutions or ordinance of any sort being passed or sponsored that would have jeopardized the Mayor’s position in this city or as a State Representative prior to the filing of the Complaint against the city. So, if there was no action taken against her to remove her from any office or to deprive her of any power or rights or privileges, and if she could fully exercise any right, privileges or powers, what complaint would she have?”

    For a declaratory judgment to be heard by a court, a real controversy has to exist. Courts cannot just arbitrarily issue advisory opinions. The case has to be “justiciable”. For a case to be justiciable, it has to pass several tests based on judicial doctrines.

    One doctrine holds that a case is justiciable if “the harm asserted has matured sufficiently to warrant judicial intervention”. At the time that the City authorized the hiring of the attorneys to assist in the determination of the effective date, no actual controversy existed as you have pointed out. There had only been some talk among the commissioners.

    Somebody, somewhere decided that the presentation to the court had to include a real controversy for the court to consider a case for declaratory judgment. Therefore, they cooked up Elam’s and Bradshaw’s lawsuits against the City so that a real controversy would exist even though no action by the City had been taken to harm Elam or Bradshaw in any way. The court was forced to hear the case because a lawsuit is indeed a real controversy

    In the normal course of events, on the effective date of the Charter Amendment, the commission, in support of the City Charter would have enforced the Amendment. If Elam or Bradshaw wanted to challenge the Amendment they could have done so at that time, using their own money.
    At that time “the harm asserted had matured sufficiently to warrant judicial intervention”.

    How did Elam benefit from the lawsuit?

    She retained both jobs which some may argue was her right to do anyway.

    She had her attorneys’ fees paid by the City using an elaborate scheme which smacks of fraud.

    Fraud must be proved by showing that the defendant’s actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.

    These elements contain nuances that are not all easily proved. First, not all false statements are fraudulent. To be fraudulent, a false statement must relate to a material fact. It should also substantially affect a person’s decision to enter into a contract or pursue a certain course of action
    Second, the defendant must know that the statement is untrue. A statement of fact that is simply mistaken is not fraudulent. To be fraudulent, a false statement must be made with intent to deceive the victim. This is perhaps the easiest element to prove, once falsity and materiality are proved, because most material false statements are designed to mislead.

    Third, the false statement must be made with the intent to deprive the victim of some legal right.

    Fourth, the victim’s reliance on the false statement must be reasonable. Reliance on a patently absurd false statement generally will not give rise to fraud; however, people who are especially gullible, superstitious, or ignorant or who are illiterate may recover damages for fraud if the defendant knew and took advantage of their condition.

    Finally, the false statement must cause the victim some injury that leaves her or him in a worse position than she or he was in before the fraud. Try $26,000 worse off!

    Recently, Linda Elam filed a lawsuit against the City of Mt. Juliet. In paragraph 5 of her complaint it is stated that:
“Mayor Elam brings this declaratory judgment action against the City at the instruction and directive of the Board, which has determined that this Court should resolve a genuine controversy over the construction and application of an amendment to the City’s Charter as respects Linda Elam.”

    A directive is usually a written order. It seems that there are no records of the directive or the instructions referred to above. It seems that members of the Board don’t remember issuing any instructions or directives to Elam to personally bring any action against the City. Is this a false fabrication by Elam and her attorneys to personally benefit Linda Elam?

    In paragraph 32 of her complaint, it is stated that:
”Nonetheless, the City – by majority vote of the Board – (a) hired outside counsel to represent Linda Elam and the City on this disputed issue of law; and (b) directed that this declaratory judgment action be filed for a judicial determination of whether the amendment to the City Charter reflected in Ordinance 2010-40 precludes her from serving as Mayor for her remaining term or for any period prior to her planned resignation. As instructed and directed by the City, Linda Elam has therefore filed this action.”

    It seems that members of the Board don’t remember hiring outside counsel to represent Linda Elam personally on any issue. It seems that there are no records of the directive referred to in (b). It seems that members of the Board don’t remember issuing any instructions or directives to Elam to personally bring any action against the City. Is this a false fabrication by Elam and her attorneys to personally benefit Linda Elam?
    In Linda Elam’s Motion for Judgment on the Stipulated Facts, it is stated that:
“In lieu of a protracted, expensive court battle under some other procedural format, the Board voted to hire outside counsel to seek an expedited declaratory judgment decision from this Court based on the undisputed facts.”
    There seems to be no record of any vote by the Board to hire outside counsel to seek an expedited declaratory judgment decision from this Court based on the undisputed facts. Outside counsel was hired only to determine the effective date of the Charter Amendment.

    Do you think the lawsuit filed by Linda Elam and her attorneys satisfies the five elements defining fraud?

  24. Southsider

    The check and balance against this sort of thing from happening is the position of City Manager.

    None of this could have happened without the City Manager approving an action the city commission never authorized.

    Should Elam and Bradshaw have refused this benefit? Of course, but it couldn’t have happened without the City Manager’s blessing.

  25. Ben Dover & C. Howett Fields

    You guys talk a good game but you don’t do s%&#!

    All this site does is give a group of disgruntled sheeple a chance to vent.

    The Founding Fathers of this country gave their fortunes, families and even their lives.

    You give nothing. Quit talking and do something!

  26. Southsider

    Dover and Fields might be surprised how much has been given by people who post to this site.

    BTW, I can’t recall ever reading about a founding father asking the citizens to quit talking.

    Dover and Fields are likely Robertson and Holleman anyway.

  27. Butch Huber

    Ben Dover and C. Howett Fields,

    I don’t think you have been watching. But let’s turn it around. What have you done? I don’t remember ever hearing anything from you. I post in my own name, I go against government wrongs in my own name, I take a stand in my own name. I, even in this case, am working on taking action, once again, in my own name. Either get in the fight for a lawful government or hide in the bushes and watch. Bringing justice to an errant government is hard work when no governing authority that has the power to bring justice will act. Try it some time and you will see. The first thing they ask you is, “What’s your position”. When you tell them you are just a citizen they immediately change their demeanor and take a posture that you are an annoyance to them and beneath them. The second question they ask is, “Why don’t you run against them?” Hello, whether or not I run against a politician has no bearing whatsoever on the fact that they are violating the law and they are violating people. What of the law? What if I did run against them and lost, does that mean that their actions were then legal? What of the separate branches of government? You, sirs, are the ones who have no honor, no character, no nerve, no moral code, because instead of picking sides and joining the fight, you castigate those who actually are in the battle.

  28. Old Blevins

    If Ben Dover and C Howett Fields are in fact Robertson and Holleman, then they should know our goal is a ‘regime change’ at City Hall that should result in those two bending over and seeing how it feels.

    Southsider is right, many people posting here were instrumental in cleaning up this town ten years ago and it’s time to do it again.

    Let’s see if Elam takes a hike next week. If she doesn’t then it really will be time to get serious.

  29. Doc Cider

    So far Elam’s game has been ‘If I ignore ethics and the law, they will go away’. So far it has worked for her. But she has made past corrupt mayors look good, and her shenanigans won’t go unheeded forever. All it will take is one or two City Commissioners to grow a pair, or for a legitimate news media source to put a spotlight on her. City Hall, the Republican party and local media need to stop functioning as her enablers.

  30. Sonny Griffin

    Dover and Fields,

    I’ve given you a lot of information concerning what has happened in the matter of the lawsuits filed by Elam and Bradshaw against the City. I think what has happened is a travesty. It shows how a little piss ant local government can manipulate public mandates and public funds at will.

    That being said; Butch said it very eloquently in his latest post. We do something. We stand before the commission and challenge them to do the right thing. We contact the Governor and the District Attorney and other officials in our own names. We post tons of information on this site so that people can see what is going on.

    We do this so that maybe, just maybe somebody else will join us in the fight.

    When something like this can happen in a small local government, think about what goes on at the Federal level. If people don’t care enough to fight for the integrity of local government, do you think they care about Federal government?

    Butch and I and many others that post to this site have made our bones.
    Why don’t you make some?

  31. Butch Huber

    The President of the United States just launched an attack against a sovereign nation that had not provoked us or threatened the safety or security of our nation through any imminent or immediate threat and he did so without congressional approval. So far I have written to both United States Senators for Tennessee, the United States Representative for the State of Tennessee, and the Speaker of the House regarding this issue asking for them to do their duty and impeach the president for high crimes and misdemeanors. Congressman Cooper responded that he believes, and the international Community believes, that what Obama has done is the appropriate initial response and that the United Nations has authorized all necessary action to protect the civilians of Libya. Okay, that’s all well and good, but did our president follow the law? No. I responded to Congressman Cooper quite strongly regarding his evasiveness concerning the rule of law and his justification of the President’s behavior.

    By setting a record of having informed politicians of such matters, they have no quarter if and when they are brought before a hearing or trial. They won’t be able to say, “I didn’t know”. They won’t have any place to hide. That’s part of the reason I post and write to these people, because it leaves a trail that prosecutors can one day follow.

  32. Notta Dem

    Let’s take care of the real criminal in Mt. Juliet first. If we can’t do anything about blatant malfeasance at home, what can we hope to accomplish by complaining about the same exucutive branch behavior we applauded eight years ago?

  33. Butch Huber

    Notta Dem, perhaps you haven’t been reading my posts for the past several years. Your’s is exactly my overall point. If we, as citizens, cannot learn and develop the skills and power necessary to hold a two-bit politician at the local level accountable for her illicit and illegal actions, how are we ever going to take this nation back? That said, I presume you are speaking of Bush when you say “eight years ago”. When did Bush attack another nation, that did not cause harm or threaten harm to our nation, without congressional approval? I don’t remember that happening. Obama is a “real criminal”.

  34. Sonny Griffin

    Butch and Notta,

    Let’s don’t argue among ourselves. I think we have enough “real criminals”
    to go around for everyone.

    Let’s get together and nail one of the a@@$#*!s.

    I do think that Mt. Juliet is a better place to start logistically.

    Notta, I do think that Butch is right about Bush. Remember the famous quote
    of Hillary Clinton?

    “I ended up voting for the resolution (to go to war with Iraq) after carefully reviewing the information, intelligence that I had available, talking with people whose opinions I trusted, and trying to discount the political or other factors that I didn’t believe should be in any way a part of this decision.” –Hillary Clinton, March 7, 2003

  35. tngopconservative

    Hhhhmmm

  36. Notta Dem

    Not to mention ‘I was for it before I was against it’ (John Heinz-Kerry)
    The Iraq invasion was an historic foreign policy blunder, and it was a sovereign nation that was less dangerous than Libya has historically been, but yes, Congress did sign off and shares the blame. Was the Iraq war sold to Congress with false information? The facts indicate it was, but maybe Bush didn’t know it was false.

    Both parties are so chock full of influence-peddling crooks it’s hard to see how anything positive gets done. Certainly Mt. Juliet has a history of influence peddling crooked mayors, other than Kevin Mack and the Hibbetts and maybe some people I don’t know about. And all the Presidents after Reagan were/are bought and paid for to some extent.

    But I agree we all need to work together, and it looks like Butch and Sonny have done as much as anybody from what I’ve read here.

  37. Butch Huber

    I have been working on something regarding all of this, however, something has been nagging at me and I couldn’t put my finger on it, then it occurred to me. Here is what I figured out.
    The commission voted to direct the city manager to sign the letters of engagement with the two attorneys for the purpose, as stated in the resolution, which was to determine the effective date of the City Charter Amendment.

    That got turned into determining whether or not Linda Elam could serve in both of her elected positions simultaneously. Because they (The City Attorney, City Manger, and the two attorneys involved) turned this, or allowed this to be turned, into something beyond what was authorized by the city commission, those involved became involved in interference of the individual commissioners’ powers and authority and interference of the power and authority of the Board of Commissioners in the exercise of their duties as our elected officials and those involved usurped the rights and authority of the members of the board of commissioners and the rights and authority of the board itself by putting before the Chancellor, without the express authorization of the Board of Commissioner, the question as to whether Linda Could serve in both capacities simultaneously. Further, they interfered with my, and your, rights as citizens to file briefs and/or address the chancellor regarding our beliefs when we voted for the charter amendment and our positions in regard to whether Linda Elam should be able to serve in both positions simultaneously.

    Do you believe all this is coincidence and a product of those who are inept, or do you believe there was something more sinister about this?

    Ask yourself, “how did the city attorney and city manager know that the city commission would vote to authorize letters of engagement to hire the attorneys to take the city to court before the commission voted to seek legal help in the matter?” Find for me authorization in the City Charter for the City Attorney or the City Manager to seek letters of engagement from two attorneys to take the city to court and to provide free legal representation to Linda Elam so she can file a complaint against the city? If it isn’t there, they overstepped their authority. To act outside one’s authority is an act of official misconduct and it is grounds for dismissal from a non-elected office and removal from an elected office.

    I believe that this matter was purposely presented to the commission meeting for one cause of action and then, after having gained their authorization, was then turned into something entirely different than what was presented to the Commission. I believe some people are in some serious trouble.

  38. Doc Cider

    Amen, Butch. If we can get anyone to pay attention.

  39. Sonny Griffin

    Butch,

    I think one thing that we need to remember in all of this is that Elam sponsored and voted for Resolution #36-2010. I believe that she did that for a reason.

    Resolution #36-2010 in and of itself seems very innocuous. After all, it only made sense to establish an effective date for the Charter Amendment.

    During the discussion in the Commission on why #36-2010 was needed, the city attorney said that he had searched the State Constitution, talked with other city officials, consulted with MTAS and the Attorney General and could not find any concrete information on determining an effective date for the Charter Amendment. Therefore, the Commission, seeing a definite need for establishing the effective date, passed #36-2010. So far, everything is going Elam’s way.

    During the litigation involved in determining the effective date, the legality and constitutionality of the Charter Amendment would surely come up. The effective date would be determined on the question of legality.

    After the attorneys were hired, I was reading the State Constitution about Home Rule. I was pretty shocked when I came across the following:

    From Aricle XI, Section 9 of the Constitution:

    “It shall be the duty of the legislative body of such municipality to publish any
    proposal so made and to submit the same to its qualified voters at the first general state election which shall be held at least sixty (60) days after such publication and such proposal shall become effective sixty (60) days after approval by a majority of the qualified voters voting thereon.”

    There is the concrete, physical effective date of the Amendment. Are you going to tell me that the Attorney General, MTAS, other City officials and last but not least, our City Attorney all missed this. Are all of these people idiots?
    I think not.

    Knoxville, which is a Home Rule City actually includes the effective date statement on all referendums that appear on the ballot. If Holleman had talked with their City Attorney, we could have saved $26,000+.

    Why didn’t we have the effective date included on our referendum for the voters to see like Knoxville?

    When I found the effective date, I wrote the Commissioners a letter informing them of this. I’m sure this became a big ass fly in the ointment for everyone involved.

    What do you think happened? Not a damned thing. They didn’t stop litigation. They didn’t ask Sasser why the hell she couldn’t read the State Constitution. They just arbitrarily broadened the scope of 36-2010 to include the constitutionality and legality of the Amendment and continued on with their little charade. Why didn’t the Commission stop this mess at this point in time? They had a little closed meeting in which, I suspect that they
    were informed that the effective date had been established. What else happened in that meeting is, of course, a mystery since it was closed to the public. All we know is that the litigation continued. I do not believe that the Commissioners at that meeting were told about the lawsuits against the City.
    Again, why didn’t the Commission stop this mess at this point in time?

    There are a few things that are crystal clear in all of this:

    1. The Commission had no idea that they were voting for lawsuits against the City when they voted for Resolution #36-2010.

    Put yourself in their position and read the Resolution. There is absolutely no mention of anything like this. In fact it says that the attorneys be hired to “assist” in determining the effective date. Certainly, there is no mention of lawsuits of any kind.

    2. The Commission had no idea that they were funding Elam’s personal legal representation in a lawsuit against the City when they voted for 36-2010.

    I believe that 36-2010 was a ploy to get the City to fund expensive litigation to establish the legality of the Amendment for the benefit of Elam.

    3. The Commission did not know about the lawsuits against the City until they were filed.

    I know this based upon information.

    4. The Commission has no authority to challenge it’s own Charter.

    After all, it is the sworn duty of the Commissioners to support the Charter. To their credit,the Commission never challenged the Charter. It was challenged by Elam and Bradshaw, which is a clear violation of their oaths to support the Charter.
    Therefore, the Commission was duped by 36-2010 into, in fact, challenging the Charter without being apprised of that situation. They din’t even know lawsuits against the City were in progress.

    5. False statements were made in the lawsuits filed by Elam and Bradshaw against the City.

    The documents speak for themselves.

    6. City Manager Robertson had no authority to sign Lannom’s engagement letter as it was completely outside of the scope of what he was authorized to sign in Resolution#36-2010.

    By the way, City Attorney Holleman works directly for Robertson. Did Robertson sign the letter on Holleman’s advice?

    7. City Attorney Holleman needs to explain how he and other “experts” missed the effective date in the State Constitution.

    This little FUBAR cost the City of Mt. Juliet $26,000+. I will tell you this.
    If he worked for me, I would fire him and sue him for incompetence. His role in all of this needs to be thoroughly investigated by the proper authorities.

    8. Attorney Sasser needs to explain how she missed the effective date of the Charter Amendment in the State Constitution.
    She also needs to explain on what grounds she expanded the scope of her engagement letter to include unauthorized litigation.
    While she’s at it, she might explain the false and deceitful statements in the lawsuits she filed in behalf of her clients.

    The following is from Sasser’s engagement letter:

    This engagement letter will confirm that, subject to the approval of the Mt. Juliet Board of Commissioners, you and the City of Mt. Juliet have engaged Walker, Tipps and Malone PLC (“WTM”) to litigate the issue of the effective date of the Mt. Juliet Charter Amendment adopted by Referendum on November 2, 2010.”

    It is clear from this letter that the City of Mt. Juliet is her client. Can anyone explain to me how she wound up suing her client (City of Mt. Juliet) on behalf of Linda Elam?

  40. Holleman can and should be replace by the Yellow Pages. Robertson just needs to go on a honeymoon with himself anywhere but here.

  41. Butch Huber

    I just figured out something that I believe can turn the entire thing on its head.

    In reference to Article XI, Section 9.

    We are a home rule city, which means that we are not bound by the constraints that are placed on the general assembly when it comes to our city charter and our elected offices. Article XI, Section 9 disallows the General Assembly from passing a special, local or private act that would have the effect of removing one of our elected officials or abridging their term of office or altering their salary unless our local legislative body approved that act by two-third vote “OR” unless we, the voters, approved that act by majority vote in an election. Article XI, Section 9 doesn’t absolutely preclude them from passing such an act, it just says that if such an act would remove an official from office or abridge their term or alter their salary the city commission or the voters have to say it is okay for them to do so.

    With that in mind, let me re-write Article XI, section 9 in the positive rather than the negative and give it the same effect. The General Assembly may pass a special, local or private act having the effect of removing the incumbent from any municipal or county office or abridging the term or altering the salary prior to the end of the term for which such public officer was selected, provide the act by its terms either requires the approval by a two-thirds vote of the local legislative body of the municipality or county, or requires approval in an election by a majority of those voting in said election in the municipality or county affected. Any act of the General Assembly private or local in form or effect applicable to a particular county or municipality either in its governmental or its proprietary capacity shall be void and of no effect if the Local legislative body doesn’t approve the act by two-thirds vote or the voters don’t approve the act by a majority vote of those voting in said election. That Article reads a lot different written that way, doesn’t it?

    Because we are a home rule city, we don’t have to meet the test that the general assembly has to meet when it is passing acts that have an effect on our public officials, however, even if this were a special, local, or private act of the general assembly, we would have had two-thirds vote of our local legislative body AND we would have had a majority vote of the voters voting in the election.

    What I am telling you is that the effective date of the Charter doesn’t matter. The question asked of the voters in the Charter Amendment on the referendum was,”Shall the Mt. Juliet City Charter be amended to prohibit a person from serving as the Mayor or as a City Commissioner in the City of Mt. Juliet while at the same time holding a county, state, or federal elected office?” The language of the question put to the voters is what we approved and nothing more. Shall the Mt. Juliet City Charter be amended to prohibit a person from serving as the Mayor or as a City Commission in the City of Mt. Juliet while at the same time holding a county, state, or federal elected office? There it is in crystal clear plain language for all to see. Mayor Linda Elam and James Bradshaw are both prohibited from serving on our commission and in another elected office for the County, state or federal governments. Do we have the right to remove them from office? You betcha we do. The law allows us to remove an incumbent from office or abridge their term of office or alter their salary provided we either have a two-thirds vote of the city commission OR a majority vote of the voters voting in an election upon which the question is put to the voters. That is clear as a bell! To take the position that home rule cities can’t pass such a charter amendment would be absurd as it would render the city with less autonomy than any city that operated under charters authorized in TCA Title 6, cities and towns and the whole reason for adopting home rule in the first place is to have greater autonomy not less. To say that we don’t have the legal authority to remove an incumbent from office, provided we have two-thirds vote of the city commission OR by a majority vote of the voters in the election would mean that we have elected to render ourselves with less power as citizens than we had before we adopted home rule, which is clearly not the case.

    Linda Elam and James Bradshaw are both disqualified from serving on our commission and simultaneously serving in their other elected office. I cannot understand how the judge ruled in the way that he did, but it is crystal clear that we have a right to remove them from office even now. The judge’s judgment has the effect of superseding state law.

    , the only question that matters in this case because we are a home rule city, and regardless of the intent of the City Commission,

  42. Butch Huber

    You know, the more I deal with politics the more I realize that, when I am analyzing a situation in which politicians are doing something I don’t believe is right, after having reviewed what the founders put in place, I typically conclude that the founders not only agreed with me or I with them, but they also put things in place, such as laws and rights, to stop the politicians from legally doing those things that I fundamentally disagree with even today. The sheer wisdom of the founders is astonishing to me. How they could have had the ability to put something in place so long ago that is still able to protect the citizens some 230+ years later is amazing. That’s not to say that everything was written perfectly, but by-and-large, they did a really great job with our Constitutional Rights. Perhaps we need to send a copy to every elected official and every judge in the Nation when they take office and, along with them taking an oath of office, perhaps they should be required as a function of their job to read the constitution out loud, word-for-word, once per year, in front of witnesses.

  43. Butch Huber

    I just read the “Brief of the Defendent” filed by Frank Lannom on behalf of the City of Mt. Juliet in response to Linda Elam’s Complaint. Lannom’s brief makes no mention of the right of the general assembly or the City of Mt. Juliet, under ARTICLE XI, § 9, to remove an incumbent from office or abridge their term of office or alter their pay provided that the act or charter amendment has been approved by two-thirds vote of the city commission or is approved by a majority of the voters in an election. His defense was simply based in whether or not this was a retrospective action or a prospective action and whether or not Linda has a vested right to her office as Mayor. Had he presented the evidence to the Judge that Article § 9 clearly allows for the removal from office of an incumbent and/or the abridgment of their term of office or the alteration of their salary provided it was approved by the Local legislative body or by a majority vote of the voters voting in said election, surely the outcome would have been different.

    It should be clear as a bell to anyone who reads Article XI § 9 as written, and considered as I have presented in my previous post, that there is absolutely nothing at all wrong with either the general assembly or a city, under home rule, to remove an incumbent from office prior to the end of their term of office if their removal is done in accordance with the conditions dictated in ARTICLE XI § 9. Why didn’t the attorney catch this and present his case accordingly? This should have been a slam-dunk for him, what happened?

    One has to wonder just how much time Mr. Lannom invested in this matter for his $13,000.

  44. Sonny Griffin

    Butch,

    In regards to your comments about the Founding Fathers, I believe that Divine Intervention played a huge role in their wisdom and foresight.

    In God they trusted.

    In regards to your comments about removing the bad guys from office:

    I believe it is too late for mere removal. I believe that felonious crimes have been committed by some individuals that need to be prosecuted. These crimes have been committed against the people of Mt. Juliet. That makes me mad.

    I believe that there was a bizarre scheme in place which ultimately cost the citizens $26,000+.

    Have any of you ever heard of a situation like this?

    An outside attorney who works for the City of Mt. Juliet (see Sasser Engagement Letter) takes another client (Linda Elam) whose motives are adverse to the City and files a lawsuit against the City on behalf of Elam.
    Even though Sasser works for the City, she apparently did not keep the Commission apprised of the fact that she was filing lawsuits against the City.
    On top of all this, she bills the City for Elam’s attorney’s fees.

    I’m sure her defense would be that she was working through Holleman. If that be the case, don’t you think that Holleman had the duty to inform the Commission that their outside counsel was filing lawsuits against the City?

    I believe that the people involved in this scheme should be prosecuted, hopefully convicted and punished. I would like to see them made an example of what happens to you if you pervert and manipulate the law. Especially if you are a public servant.

    What do you think 500 letters from the citizens of Mt. Juliet to the District Attorney General would do? All the letters would have to state is:

    “I believe that there has been a scheme to defraud the City for attorneys fees in regards to the lawsuits filed by Linda Elam and James Bradshaw against the City.
    Please investigate this matter. Much research on this matter is available in comments on the site of Radio Free MJ.” https://radiofreemj.wordpress.com

    I know I’ll be sending my letter. At least I will have done something.

    District Attorney General Tom P. Thompson
    P.O. Box 178
    Hartsville, TN 37074

  45. Sonny Griffin

    Everybody,

    When I made the statement:

    “At least I will have done something.”

    Please put the emphasis on “something” not “I”.

    I did not intend to mean that I was the only one doing something.

    This is the only thing I can think of to do. What good is bringing this matter before the Commission in citizen’s comments? Three minutes won’t even start to be enough time to explain this matter.

    Also, you won’t be able to ask questions. They’ll just ignore you. Been there, done that with Holleman. He just sat there on his ass and said nothing. Made me mad as hell. A prosecutor needs to ask him questions. He’ll answer him or her or spend the night in jail.

    Look who’s sitting on the Commission.

    Look who the City Attorney is.

    Lots of luck going this route.

  46. Southsider

    All we can do is alert everyone straight up the chain of command.
    The contract lawyers appear to have worked for Holleman. Holleman works for the City Manager. The City Manager works for the City Commission. The City Commissioners are elected by the people.

    It may now be up to the voters in the next election since no one else (except Ed Hagerty) has done anything about this. Sad, but true.

  47. Butch Huber

    It’s filed. Fifty one pages of it. My official complaint to the city government is in their hands. Now it is someone else’s job to supply the trash can that they will throw it in tomorrow, I’ve done my part by filing the complaint.

  48. Butch Huber

    Well, my complaint has now been sent by email to the Governor, the Lt. Governor, many members of several committees of the Senate and the House, to the State Attorney general’s office and to the media. My government, your government, cannot claim they were not given an opportunity to do the right thing as sufficient numbers of them have been apprised of this situation and they have sworn duties to uphold. I have absolutely no confidence whatsoever that even one of them will do the right thing in this matter, however, I have done my part and will continue to do my part to straighten out government. The media is being given a chance to observe government in action in regard to its response to complaints of public corruption, and those who have received this complaint have been made aware that the media is being included. Still, there is little to no chance, based on history, that anyone will act. This, like so many things, will be trivialized and swept under the rug. Then, perhaps it will be time for a class action lawsuit as the only remedy available, if even that can be used as a remedy.

    All of this could have been avoided if only Linda and Jim would have taken the high road as Former Mayor Kevin Mack had suggested to them and honor the wishes of the voters. The thirst for power and fame and glory causes tremendous harm when efforts to quench that thirst are not bridled with integrity, honor and dignity. Now, every person I have sent this complaint to thus far has a duty to take an action, if only to read the actual complaint, which is fifty one pages long! They have to trudge through every painful detail of every issue that I presented if they are actually going to do their sworn duty. I am not fooling myself into even thinking that they will all read all of the complaint, however, even the public airing of the issues could have been avoided had they, Jim and Linda, just stepped down as were the obvious wishes of the people of this city.

  49. Southsider

    Perhaps you could get the Mt. Juliet Commission to fund that class action lawsuit. Or get them to pass a resolution to do something else and talk Robertson into filing the class action suit anyway.

    Why not, it has all been done before. You need to think “inside the box”.

  50. Sonny Griffin

    Thank you Butch.

    I see you haven’t forgotten your oath.

    We solemnly swore that we would support and defend the Constitution of the United States against all enemies, foreign and domestic and that we would bear true faith and allegiance to the same;———. So help us God.

    This part of the oath does not depend on us still being in the service. Also there is no time limit.

    “So help me God” means that this is one of the strongest commitments we will ever make and it’s for life. I see you haven’t forgotten.

  51. Butch Huber

    Thanks, Sonny, I kinda needed that.

  52. Hey, Look on the bright side. I heard she stated last night that she would be gone in two weeks. Boo Yah!!! I quote the great soothsayer of the 1980’s Motley Crue, “Girl, don’t go away mad; girl, just go away”.

  53. What happened to “no later than March 31st” as recorded in her sworn statement in Chancery Court?

  54. Southsider

    OK, can we just pass the hat and get Mayor Clinger one more grand?

  55. Southsider

    I am starting to believe that there has to be something in the background between Linda Elam and the people on the Mt. Juliet Commission and at City Hall. Could there be any other explanation? I am told no one at City Hall likes her and they can’t wait until she leaves. But they don’t act that way.

    Let me review. Two years into serving her second term as Mayor, she runs for and wins a seat as State Representative. In that same election 87% of the voters also chose to amend Mt. Juliet’s Charter to make it illegal for Mt. Juliet officials to hold dual offices – an overwhelming majority.

    The Mt. Juliet Commission immediately votes to go to Chancery Court for declaratory judgment to determine when that charter amendment actually takes effect. Okay, but before the attorneys are even hired for that case a citizen (with no legal training) identifies the law that states exactly when such an amendment takes effect. Go Sonny!

    The Board could have thanked Sonny for solving their problem for free but instead allowed the City Manager to go on and sue the City on behalf of Linda Elam so she could hold dual offices. What would cause grown men to do this?

    Is she having affairs with them? Is she blackmailing them with something else? Why would men with decent political reputations sue their own city to help Ms. Elam ignore the will of 87% of the voters? Could she really be David Waynick in a wig? Does she have a voodoo doll for every public official?

    Can anyone out there explain this to me before she sets fire to the Southsider doll?

    Quick, I smell smoke.

  56. Old Blevins

    If I were a betting man, and thank God I’m not with the way March Madness has been going, I would not put money on her having affairs with any of the City Commissioners.

  57. Sonny Griffin

    Southsider, you crack me up. Funniest post I ever read on here.

    However, I really don’t appreciate some of the visions you have put in my head.

    Elam, commissioners, affairs?!?!?!

    OMG!!!!!!

  58. Northsider

    Amazing how she gave the key to the city to Robertson last night. That’ll come back to bite her.

  59. Old Blevins

    I think we can safely call that a ‘least likely scenario’ so you can banish those disturbing visions from your head. Eye of newt and wing of bat, etc. in the meeting room coffee pot maybe .

  60. Butch Huber

    Hitler didn’t start out as the Monster that he was when he was finished, he started out by going down the wrong path and having success in doing so. He had within him the seed of greatness, only he allowed that greatness to become a terrible greatness instead of a great goodness. The people around him allowed him to grow into the monster that he became. Think about it, there were millions who were ready to die for him, why wasn’t there someone who would die for mankind to kill him? Actually, some tried, but failed. Was their failure an accident, or was there a greater power at work that thwarted their efforts?

    Stalin didn’t start out the monster that he became, he too had the seed of greatness in him, only he too allowed that seed to grow into a monster that developed terrible greatness.

    Genghis Khan, Pol Pot, Saddam Hussein, Muammar El-Qaddafi, Slobodan Milosevic, and other tyrants were no different. Did people look at them from their childhood and say, “One day, you will kill millions of people?” Of course not. They grew into their role as people looked the other way.

    I am not saying that Linda Elam will one day become a tyrant of the likes of these people, however, her deeds are in fact evil and her intents are not for good, but for her on self-interests. She is drunk on her thoughts of her own greatness, which are the same type of thoughts that create the tyrants throughout history. That is why she, and others like her, need to be stopped for their own good as well as for the good of others.

    During her term in office she either directly or indirectly caused harm to an awful lot of people, however in her mind she did nothing but good. There is a psychosis that exists in the mind of those who would do evil that disables their ability to see themselves as they are.

    The perplexed feeling that we all have that makes us pontificate on the puzzle that exists regarding how on earth she gets away with this. But it really isn’t that hard to understand as it has already been stated. “All that’s necessary for forces of evil to win in the world is for enough good men to do nothing”- Edmund Burke.

    Why is it that, when I file complaints and wave the flag when they do evil, the authorities act as though I have done something wrong? Because evil has a way of cloaking its nature as being good while at the same time painting good as bad. It is good for men to stand against the tyranny of corrupt government and to “bind down their misdeeds”, so it is only natural for evil to paint the efforts of those who would bring order as being haters. I am a hater, so it is easy to mask my efforts has being hatred, but I am not a hater of people, I am a hater of the deeds of evil that people commit.

    Good men do nothing because it seems safer and easier, and it is, for a time. But over a longer timeframe doing nothing becomes unbearable.

    We have ignored thrift in America and have become intoxicated with greed and lust. Today we are facing a mountain of debt that will ultimately bring this nation down unless we can rekindle the American Spirit and soon. Ignoring wrong nature is only to give it legs. That is exactly why we need to band together and hold this city accountable. Others need to either sign on to my complaint or file their own, but who will? It is easy to ignore the yammering of one person (me), but it isn’t easy to overlook a mob.

    I wonder, outside of a few people on this site, is there anyone else out there that grasps what this commission has done? There is nothing more foundational in this nation than the security of the vote of those who are involved in public discourse. If our votes are not secure we have no liberty, no authority, no power, no rights, save our ability to pull a trigger enough times, along with our compatriots, to throw off through violent means their ability to oppress the citizens of this nation, just as we are witnessing in the middle east today. I watched as those people threw stones because they didn’t have guns and I thought to myself, “If we ever allow the liberals to take our guns that will be our fate”. I am not suggesting a violent uprising in America, but cautioning any person reading this post that the only way to prevent the need for bloodshed is to become an active part of the public discourse and hold our public officials accountable to a standard, which in our case is our Constitution. If we fail to act, evil will triumph.

  61. Southsider

    If you just moved to Mt. Juliet and watched the last city commission meeting you learned that 5 people built Mt. Juliet:
    Sheila Luckett, Jenny Bess Hibbett, Linda McClanahan, Randy Robertson, and Linda Elam.

    Need I say more?

  62. Sonny Griffin

    In my opinion, Butch, that’s the best article you’ve ever posted.

    I think maybe what saddens and frustrates me so much about this whole affair is that we seem to be dealing with traitors here in our own government.

    Does that sound too strong for anybody? In case it does, the definition of traitor is:
    one who betrays another’s trust or is false to an obligation or duty and/or commits treason.

    Treason is defined as:
    disloyalty or treachery to one’s country or its government. Treason is any attempt to overthrow the government or impair the well-being of a state to which one owes allegiance.

    Does anything in those definitions ring any bells?

    Everyone involved in this took an oath that;
    “he will support the Constitution of the United States and of this state and the charter and ordinances of the city.”

    What did Bradshaw and Elam do? They filed lawsuits against the City challenging the CITY CHARTER.

    Is this not a direct violation of their oaths?

    Is this not being false to an obligation or duty to the citizens of Mt. Juliet?

    Is this not disloyalty or treachery to one’s government?

    There is one thing that I don’t think Elam and Bradshaw understand.
    When you swear an oath to support something, you support it whether you agree with it or not.

    For example; if an Ordinance is passed in the City Commission by a vote of 3 to 2, that means there are two commissioners that are adverse to that Ordinance. They still are sworn to support it. It is a law of the City.

    The voters of Mt. Juliet approved the Charter Amendment by a majority vote of 87%. There should have been no challenge from any City of Mt. Juliet official, elected or otherwise, who had taken their oath. This includes the City Attorney.

  63. Northsider

    All I’m going to say is, it’s time to clean house. Next election time, I’d love to see everyone on Mt. Juliet with homemade shirts reading “Give Mt. Juliet Back.” That would send a strong message.

  64. Butch Huber

    When the founders of this country framed our nation’s foundational documents they did so with such awesome wisdom that the nation they formed has been able to use those said same documents as the formational and fundamental principles upon which to build the world’s longest standing form of government. The enduring phenomenon that sprang forth from those foundational documents has been the greatest experiment in freedom and liberty the world has ever known. However, for the longer part of the history of this nation now our children have been taught more of the virtues of socialism and socialistic values than they have ever been taught about their rights, duties and responsibilities as Free men and women. Freedom carries with it the responsibility to maintain it for posterity. We owe it to our children, to our loved ones, to our friends and neighbors, to our fellow citizens, to our countrymen, to ourselves, to the world, and most importantly of all, to God, who made it all possible. All governments are established by God for his good pleasure, we must not take for granted the freedoms and liberties that God has bestowed upon us as Citizens of this Great Nation, “this last, best hope for mankind”, for God Himself has purpose in it.

    On November 2, 2010, 6,936 people stepped into the voting booth and exercised a freedom that is all too rare in this world of tyrants and dictators. They cast their vote. They paid tribute to those still alive who have fought and sacrificed to give and preserve their rights to be free and to control their destiny, and they paid a tribute In Memoriam to those who have fought and sacrificed and who have given all that they had, including their very own life, so that we can keep this sacred jewel we know as liberty.

    Of the 6,936 people who stepped into that voting booth, 6047 of us voted for a Charter Amendment. The remaining 889 voted against that Amendment. The yeas had it, and the Charter Amendment was passed by a vote of 87% for the Charter Amendment and 13% against the Amendment. Personally, I respect the 13% and I suppose they had their reasons, but I at the same time respect and cheer with those who voted for the Amendment.

    Before I go further, I want to establish the gravity of what happened here in this little corner of the world called, “Mt. Juliet”, because what happened here on November 2, 2011 is spectacular and wonderful and it is fitting that we stop and fully recognize what just occurred and because what happened here on January 14th, 2011 should go down as a day of infamy.

    To properly develop the proper perspective one must go back to the very founding of this great nation. King George had been doing things to the settlers here that were beyond the bounds of his authority, even as King. The leaders here petitioned the King and parliament on many occasions seeking redress of their grievances, yet all they got in return for all of their petitioning was increased taxes, increased restrictions and increased oppression. In time, the whole matter became insufferable. Ultimately, the matter devolved into bloodshed. It was from that very blood that was spilled on this soil this most wonderful nation was born! Yes, this nation was born from blood.

    Since that time, much like a man seeking to enter back into his mother’s womb, too many people of this nation have been trying to enter back into the despotism of being ruled by tyrants; they know not what they do, nor even why they do it, but they do find it simpler and somehow safer to put their faith in “government” rather than relying on God and their own minds and efforts. Today, there are but a few of us who seem to hear the voices of those who have gone before us calling for us to retake this nation that has fallen into the abyss of socialism and communism and reestablish this as a free land upon the globe where this nation is once again a beacon of not only freedom and liberty, but of virtue and morality and goodness, a place of personal and civic responsibility, a culture of honor and dignity and courage and selflessness and a place were we cherish our differences, but where we collectively celebrate together our gift of being able to chart our own course in life without tyranny of rulers and dictators.

    When the Constitution was established, the founders wanted to ensure that every government in this land had to establish itself upon a set of rules and that the set of rules would then ensure that government had a set of boundaries within which it had to operate. Soon thereafter, we had a set of Amendments, called the Bill of Rights. The Bill of rights provides the framework of our rights as citizens and those rights are guaranteed to us by the Constitution of the United States. With the passage of the Fourteenth Amendment to the United States Constitution, those rights have to be observed by all levels of government. Within the Bill of Rights is the Tenth Amendment, which is a wonderful Amendment and we should all probably learn it by heart. Here is how it reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

    There is a lot of talk going on today about how the Tenth Amendment provides for “State’s Rights”, which it does. Unfortunately, there is no talk about the rights that were reserve to the “People”. In fact, most of us don’t even really know what our rights are or how to protect them. If the rights of the people are not reserved and preserved, then any shift in power from the Federal Government to the states will merely be an exercise whereby we are trading one tyrannical government with its fifty sycophants for fifty smaller tyrants. Things won’t get better after States exert their rights, they will just be different. We have to preserve our rights as citizens or we will never be able to restore and reestablish this nation and we will never pull this nation out of the abyss. John Locke and Thomas Jefferson said something to the effect that government itself is the greater threat to liberty. If we fail to act when government runs afoul, it will continue to run afoul until stopped.

    When the State of Tennessee was established or at some point thereafter, there was adopted an amendment to the State Constitution that is known as the Eleventh Amendment. As a part of that Amendment is a section known as Section Nine. Section Nine is a wonderful part of the Constitution of the State of Tennessee. The reason that section 9 is so wonderful is because it didn’t forget the last part of the Tenth Amendment, it reserves a tremendous amount of power to people who wish to wield it as a citizenry. You see, section 9 is from whence we have drawn our authority to enact “Home Rule”. Home rule is a game changer in American politics. Home rule says that we, the people of this city, get to chart our own course provided the decisions we make do not conflict with the Constitution of the United States, the Constitution of the State of Tennessee or Acts of the General Assembly of the State of Tennessee that are general in their terms and effects. Prior to Home Rule, if the General Assembly passed a special, local, or private act, and then our City Commission approved that act by a two-thirds vote, the act applied to us whether we liked it or not. Now, nothing that our state legislature does applies to this city and/or its inhabitants, provided the matter at hand isn’t a general act, unless the people say it does! That’s power! Further, provided any decision we make here in this city doesn’t violate the Constitutions of our nation or state, and provided we aren’t violating a general act of the General Assembly, we can do just about anything we want to change and form our local government!

    On November 2, 2011, we tried to exercise that power for the first time since we won it. We approved the Charter Amendment. We said, “we don’t want our city officials serving in another elected office for the County, State or Federal Governments!” I believe that the gravity of that vote escaped us. I doubt many took the time to think about what had to happen in order for the people of this little city of 30,000 to make such a collective decision about how their government should run. We cast our ballot, we went about life and few thought through what they had just participated in. I bet no person voting on November 2, 2011 ever exercised so much power in their entire life and yet they never realized exactly what they were doing. I have to admit, it never really occurred to me, either. I am not sure I really get it even now. It never occurred to us how many people have actually died supporting and defending our way of life and our rights, freedoms and liberty and what led to us having such awesome power. We were able to participate in something that has never ever happened in this city, we were able to, under home rule, exercise our right to either turn down a change to our charter or approve it. Citizens in this city may have voted on changes to the charter before, but not in this city under home rule. This was an exercise of a new and more awesome power. The power that may have been exercised before was a very old power.

    Over the ensuing weeks and months after that election, because a small group of people were displeased with the outcome, an elaborate scheme was hatched for the purpose of overturning our votes while using our very own money to do it! Our votes were overturned, and we have had two people serving in dual offices each as a result. Remember, 6047 of us said that they couldn’t serve in two offices at the same time, 889 said they thought it would be okay that they did. I don’t think those involved fully understand what they have done. Over two-hundred years worth of sacrifice, dedication, determination, investment, effort, and blood, sweat and tears have gone into maintaining our rights as people, and at the moment in time when we finally have a real opportunity to begin to exercise that freedom and the rights that have been so hard fought, a group of people conspire to overthrow our power and turn back the efforts to retake our rightful power and authority over our government.

    That’s what happened in this city on January 14th, 2011, just in case you were wondering. I don’t intend to let this stand.

  65. Sonny Griffin

    “I don’t intend to let this stand.”

    Neither do I, Butch.

    Neither do I.

  66. Old Blevins

    Ed Hagerty was sworn in this week. Let us all hope he is active in fixing things that need to be fixed, and not a caretaker Mayor.

  67. So far he is off to a rambunctious start speaking in terms of having 10 phantom options for fire protection one of which is status quo. Status quo is NOT an option!!! If it were, why in blue blazes would you bother having the other nine? Nowhere on the intellectual plane to go but UP. See you all the evening of the 25th.
    RP

  68. Sonny Griffin

    Hey RP,

    Are you telling me you already miss Linda?

  69. Like a migraine, Sonny, be reasonable.

  70. Sonny Griffin

    I’m sorry RP.

    I just couldn’t resist.

    Don’t be mad. I’m old and rather senile.

  71. Not a problem, Sonny. After the recent events we have witnessed from this Cuckoo’s nest, who could blame you. Where’s Nurse Ratched when you need her? Have a great weekend!

  72. Ben Dover & C. Howett Fields

    Mildred, meds all round. Your gonna need ’em real bad. Elam was like Sadam Hussein. He had control of the idiots in his country. See what happened when he was gone and they were on their own? Look what’s on the Commission now.
    We got one that just sued the city and got away with it. Even had his dam lawyer bill paid by the taxpayer. We got three more that let him do it without doing one dam thing about. Take your meds sheeple and go to sleep. Everything gonna be alright.

  73. Pop Korn

    Saddam had a better moustache.

  74. Old Blevins

    Hagerty tried to stop them but got outvoted. Let’s see if he can get three votes for firing the City Attorney. That would be a good start.

  75. Ben Dover & C. Howett Fields

    Hagerty???!!! Hagerty!?????????? ha,ha,ha,ha,ha,ha,ha,ha,ha,ha,ha,ha,ha,ha
    Hagerty firing the city attorney??? When pigs fly. LMAO

  76. I tend to agree, Ben. Sometimes you gotta flush 2 maybe 3 times to get rid of all the poop. Let’s get us some real public servants and get them ready to run. If the “Dark Side” can do it, then so can the side of Truth, Justice, and the American Way. Seriously, we need to be getting some names together of people we can trust to represent us before themselves. People that do not have the ego that will prevent them from listening to others that have knowledge. People that realize they do not have to have all the answers themselves, they just have to know how to rely on those that do have answers. PEOPLE THAT WILL DO THE RIGHT THING. People that are chosen for their experience, not their popularity.

  77. Old Blevins

    Didn’t say he would try. Did say he should.

  78. Sonny Griffin

    I sent my letter to the District Attorney last week.

    I was asked by a City Official what I hoped to accomplish by doing this. He had reviewed my letter and agreed with it in its entirety. I had asked him to sign on. He had refused.

    What do I hope to accomplish by doing this? I told him that one of my concerns is the $26,000 plus that, in my opinion, has been defrauded from the Mt. Juliet taxpayer. I want it back. I strongly believe that the City is not responsible for Elam’s and Bradshaw’s attorney fees.

    I also want the people, involved in this, punished. Public officials who violate their public trust are nothing more than criminals. They should be treated as such.

    Personally, I have a lot more respect for the guy that sticks a gun in my face and takes my wallet than I do the slimey politician that uses his/her office for personal gain.

    Ideally, I would like to stop this behavior in Mt. Juliet forever. I would like to see the individuals involved in the lawsuit matter punished severely enough that future Mt. Juliet officials think twice before ever getting involved in something like this again.

    Practically, this will probably never happen. But I must quote our friend RP McMurphy in “One Flew Over the Cuckoo’s Nest” when he was trying to escape the asylum he was confined in. His plan was to knock out the windows by throwing a huge plumbing fixture through them. Of course, he failed. Then he exclaimed; “But I tried goddammit. At least I did that.”

  79. Butch Huber

    Sonny, thank you.

    The DA has my complaint as well. I don’t know how anyone of authority can overlook the blatant misuse of taxpayer funds (They like to call it “government funds”, but it isn’t theirs, its ours).

    If our complaints don’t do the trick, Sonny, let’s you and I visit with the Grand Jury, what do you say?

  80. Sonny Griffin

    It would be my honor , Butch.

    Do I have to wear a damned tie?

  81. Couldn’t have said it better myself, Sonny…oh wait…I did, didn’t I? Thanks for the props…Have a good day.

  82. Doc Cider

    If Holleman is charged in a crime, which he should be, he would be disbarred and his political career in Nashville would end. He should have thought about that before he signed on to participate in Elam’s shenanigans.

  83. Butch Huber

    We need more than just Sonny and I to force the enforcement arm of our government to do its job. Others need to file complaints. Folks, it couldn’t be more blatant. They used our money to file suit against us in a court of law for the purpose of overthrowing our will. How dirtier can they be? This is such an obvious case of misuse of taxes. If they did that for one of us, say to help us upgrade our property or something, we would be under the jail and so would the people who helped us. Why is it that politicians have this tungsten barrier between them and the laws and rules they enact?

  84. Butch Huber

    You know, it’s ironic to say the least. If citizens intentionally defraud the government by taking evasive action to keep from having to pay the government money that he or she owes the government they get into big trouble and possibly have to spend some time in jail because of it. Can someone tell me how it is less of an offense for a politician to illegally use our money for her own benefit?

    Seriously, how did the city have a compelling interest in the outcome of the election? What do I mean? Well, this. The city had a compelling interest in determining the effective date of the charter amendment until Sonny Griffith pointed out to them that the effective date of the charter amendment would be exactly what the state constitution says it would be, “60 days after being approved by the voters in an election”. However, up until that point it is understandable that they may need to find out the date in which the charter amendment becomes “active” or “enforceable”. But what compelling interest did the city have in paying for Linda Elam’s complaint against the city? The city isn’t supposed to pick sides, the city is just supposed to enforce the charter, which on January 1, 2011 says that nobody, and that includes Linda Elam and James Bradshaw, may serve on our commission and in another elected office for the County, State, or Federal Governments. It is very clear, if you read the constitution of the State of Tennessee, that the charter amendment applies to Jim and Linda, unless of course you “want” it to look unclear. But even then, the Board of Commissioners has the right to seek legal help in determining whether or not the Charter Amendment applies to Linda and Jim, because it is clear that they can’t rely on the advice of Jason Holleman, but what right do they have to spend our money to file a complaint against us? That would be something along the lines of your accountant or financial manager spending your money to file a suit against you.

    What compelling vital interest did the city have in this complaint? That needs to be the question that gets answered. “What compelling vital interest did the city have in this complaint?” Would the city continue to function if Linda were not mayor? Yes. Is it the duty and responsibility of the city manager or city attorney to help Linda or Jim retain their seats on our commission in contravention to the charter? No. Is it the job of the City Manager or City Attorney to determine for us what is in our best interest in terms of who sits on that commission and who doesn’t? No. Is it the job of the city manager or city attorney to decide for us whether we would be better off if they stayed in their seats rather than having them replaced? No. Was there some issue that was an emergency of the magnitude of a “vital interest of the city” that would have had a catastrophic outcome if Linda and Jim were not allowed to remain in their seats on our commission? No. So, just what was the compelling vital interest of the city in this case? Simply put, there wasn’t one.

    Some who read this might be saying, “But Butch, the judge heard the case and he decided that they can keep their seats. There must have been a reason he decided that way.” You are exactly right! There is a reason he decided that way! It’s because it is the only way that he “Could” decide in this case. You see, if you look at the documents submitted to the Judge, you will see that neither really made their case. The positions filed by Kathryn Sasser are utter hogwash, and the defense put up by Lannom was weak as circus lemonade. Lathom could have knocked this out of the park if he were to actually use all of Article XI § 9 of the Constitution of the State of Tennessee. Not only do we have a right as a home rule city to change our city charter to disallow anyone from taking office on our commission while they are simultaneously occupying another elected office at the County, State or Federal level and disallow anyone on our commission from taking another office at the county, state, or federal levels of government while retaining their seat on our commission, we by virtue of the powers vested in us by God and by government, have the right to remove an incumbent from office if that incumbent has another elected office at the county, state, or federal levels of government if at the time the Charter Amendment takes affect that person is simultaneously holding two elected offices with one being on our commission and the other being in an office at the County, State, or federal levels of government. This argument was not made before the judge. Don’t you think that it should have been? I mean, assuming I am right, and I challenge anyone to prove me wrong on this, don’t you think that the Attorney for the Defense (us) should have made that point? After all, didn’t we pay him about $13,000 for this case?

    Let’s go back through a few things real quickly for a moment and see if this doesn’t make you go…”Hmmmmm”.

    August 8, 2010, the city elected to put the question to the voters asking us if we want to change the city charter to disallow anyone from serving on our commission while they are simultaneously serving in another elected office at the county, state or federal level.

    November 2, 2010, by a vote of 87% for the charter change and 13% against (Probably mostly confused voters rather than people who really weren’t for the amendment) the Citizens, by virtue of the power vested in them by God and State, through home rule, elected to disallow “ANYONE” from serving as mayor or commissioner for this city while simultaneously serving in an elected office for the county, state, or federal government. There were no exclusions or exceptions in that Charter Amendment, and the Constitution clearly gives us the right and power to apply this to even those who are currently sitting on our commission (even those who were not up for election to an office).

    November 4, 2010, Frank Lannom submitted to the city a letter of engagement that stated that his services were being retained to assist in determining the legality and enforceability of the Charter Amendment. Now, the Board of Commissioners of the City of Mt. Juliet had not made a single motion or indication as a board whatsoever at that point in time that there was any confusion or any need for assistance from an outside attorney, so why did we get this letter from Mr. Lannom? Did Mr. Lannom presciently become aware of the great need of this city and by his own volition offer his services to come to the aid of the city in such a perilous situation? No. He was asked for this letter of engagement. The questions, “Who asked Mr. Lannom for his letter of engagement?”, “By what authority did that person request that letter?”, “Why was his letter of engagement for the purpose of determining the legality and enforceability of the Charter Amendment?”, “When was he first contacted in regard to this matter, before the election or after?”, and finally, “Who all was behind this matter?” all need to be asked an answered.

    November 8th, 2010, Kathryn Sasser submitted a letter of engagement to the city for the purpose of assisting the city in determining the “effective date of the Charter Amendment”. Don’t you find it odd that those two attorneys each submitted letters of engagement to the city without ever having any type of vote by the board of commissioners seeking their assistance? Is it common for attorneys to just show up at a government’s doorstep with letters of engagement for the purpose of helping the city out of their state of confusion? Isn’t it odd that both attorneys submitted letters of engagement for very different purposes? One submitted to assist in the determination of the “legality and enforceability” the other submitted to assist in determining the “effective date of the Charter Amendment”. Why such a difference in purposes? What happened between the time that they talked to Lannom about this and the time they talked to Sasser? Why is her letter for such a different purpose than Lannoms? What gives? Again, the questions that must be asked about Lannom and how he got involved must also be asked of Sasser.

    On the evening of November 8th, 2010, Linda Elam sponsored a resolution to authorize the City Manager to sign those letters of engagement and allow the city Manager or City Attorney to spend up to $10,000 for the purpose of determining the “Effective date” of the Charter Amendment. Now, in subsequent meeting, Commissioner Hagerty, now Mayor Hagerty, stated that Linda Elam and James Bradshaw should not have voted on this matter and that if they did vote they are obligated to issue a statement that is required by law indicating that they have a conflict of interest because they have a personal interest in the outcome. I agree with Hagerty. They did not make those statements. I felt then that they were voting on something that provided a benefit to themselves personally. In this meeting, then Vice Mayor Sellers asked the city attorney what would happen after this vote was taken if it was approved. Holleman said that Lannom would file and Sasser would respond. So, if that is what was on Holleman’s mind then, why did he change who did what?

    Now, there is a little trick in all of this that most people aren’t aware of yet. You see, the resolution passed by the city commission to hire these two attorneys was for the purpose of assisting the city in determining the “Effective date of the charter amendment” but the resolution also states that resolution authorizes the city manager to sign the letters of engagement from the two attorneys for the purposes stated therein. This little legal slight of hand would potentially have allowed Lannom to file a complaint in court seeking declaratory action to disallow the charter amendment because if was somehow illegal or unenforceable. The reason for that is because his letter said that he was being hired to determine the legality and enforceability of the charter amendment. However, instead of using Sasser as the defense attorney for the city, an attorney who actually had similar experience in another situation as I understand, the city attorney, who directs and manages all litigation in which the city has an interest, switched up on us and put Sasser as the Attorney for the plaintiff and Lannom, an attorney that as I understand it has no experience in such matters, as the defense attorney. Sasser was never authorized by the city commission to be hired for the purpose of filing an complaint against the city on behalf of Linda Elam, so how did this happen? She was authorized to assist the city in determining the effective date of the election and for no other interest or cause. In her filings she clearly indicates that she knew fully well by that time that the effective date had come and gone, so why was she still working for the city? Truth is, she wasn’t, she was working for Linda Elam. How can an attorney, who is working for one client one month, turn around and work for another client the next month to sue the first client? How can an attorney work for one client, then work for another client to sue the first client, and be paid by the first client to sue them? How does that happen?

    Was Lannom ever hired to defend the city in court against a lawsuit brought by Linda Elam? When? By what authority? Under whose orders?

    Why didn’t Lannom file an adequate defense against this action? Why is it that Sonny Griffin and I can figure out what is right and wrong in this and four attorneys and a judge can’t? I defy any of them to prove me wrong. They can’t do it. They wouldn’t even try.

    But there is more…..

    Why does the complaint filed by Linda Elam say that she was directed by the city of Mt. Juliet board of commissioners to file her complaint against the city (voters, citizens) when that never happened? Could it be because the judge would want to know how she had standing in this case before he heard it? After all, she was not put off the commission yet, she had not been threatened to be put off the commission by the Board of Commissioners, there was never a single public statement to that effect by the Board of Commissioners. The Judge would naturally want to know, if the filing didn’t make a compelling case as to why she was filing, how she had standing, right? If this was done for the reason I suspect, isn’t this aggravated perjury? They lied to a judge in their filings, that much is clear, but if this lie that they told is “material” to the case, it rises to the level of aggravated perjury, which is a felony.

    Why aren’t the other commissioners in a dither over this? The lawsuit says that the board directed Linda Elam to file her complaint, they never did direct that action, so they are being lied about in a court of law, so why no angst or anger from them? Three of the six elected members of the board of commissioners who played a part in this have indicated to me that they have no confirmed idea or knowledge of how this legal effort got turned from an action seeking the “effective date” into an action seeking declaratory judgement as to whether Linda Elam can serve in her office as Mayor of Mt. Juliet while simultaneously serving as State Representative. All three are current sitting members of the board of commissioners and not one of them have filed any type of complaint or other action against what has happened here.

    Can anyone give me a good reason to believe that all is well in Denmark?

    Why is this being swept under the rug?

    They illegally used $26,000+ in taxpayer money for actions that led to the overthrow of our will as voters and a usurpation of our powers as citizens. If we evade our taxes, we go to jail. If they illegally use our taxes nothing happens? Really? That’s how it’s gonna be? Don’t we have an obligation as citizens to stand up and be counted when they do things like this? If we don’t stand up to something like this, what will we stand up to? If we don’t stand up and let them know that they can’t do things like this what do you think will happen next? You guessed it, “more of the same and at large scale”. Linda was right about one thing. “She can get away with anything she wants until a judge tells her she can’t”. Must be nice to be above the law, perhaps one day I will run for office so that I, too, can be “above the law”.

  85. Sonny Griffin

    Butch,

    There is something in your last post that bothers me.

    You say that:
    “Three of the six elected members of the board of commissioners who played a part in this have indicated to me that they have no confirmed idea or knowledge of how this legal effort got turned from an action seeking the “effective date” into an action seeking declaratory judgement as to whether Linda Elam can serve in her office as Mayor of Mt. Juliet while simultaneously serving as State Representative. All three are current sitting members of the board of commissioners—–.”

    Please correct me if I’m wrong, but isn’t Jim Bradshaw one of those three current members of the board?

    Jim Bradshaw also sued the City.

    Are you saying he was unaware of the lawsuit, filed in his name in Chancery Court, seeking declaratory judgement as to whether Jim Bradshaw can serve in his office as commissioner of Mt. Juliet while simultaneously serving as county commissioner?

  86. Pop Korn

    Bradshaw being ‘unaware’ would be no surprise to me!

  87. Butch Huber

    No, Sonny. Maness, Hagerty, and Floyd have all indicated to me that they are not aware of how this got turned into a lawsuit against the city. I have not spoken about this issue with Sellers, Elam, or Bradshaw.

  88. Sonny Griffin

    Thanks for clearing that up for me, Butch.

    I forgot about Maness.

    I guess I didn’t see him playing a part in this because he didn’t vote on Resolution 36-2010 about the engagement letters which was passed by the commission on 22 November, 2010. I believe he was sworn in that same meeting.

    What ever the case, I agree with you and still don’t understand why these three individuals have done nothing about the situation in the interim.

    I guess they just asked themselves what they hoped to accomplish by bringing this issue up and couldn’t come up with anything.

    I think Thomas Jefferson had some advice for people in their positions when he said:

    “It behooves you, therefore, to think and act for yourself and your people. The great principles of right and wrong are legible to every reader; to pursue them requires not the aid of many counselors. The whole art of government consists in the art of being honest. Only aim to do your duty, and mankind will give you credit where you fail.”

  89. Ben Dover & C. Howett Fields

    You are getting old and senile aren’t you Sonny. You use words like “right and wrong” and honesty. Bullshit! Give me a break. I dont know how old yo are but you must be fing ancient. Thomas jefferson is dead. Honesty?! Give me a break. That word sure as hell doesn’t apply to modern politics, you old fool.

  90. Doc Cider

    If the theory that Ben Dover and Phil McKreviss are in fact Robertson and Holleman is true, than apparently they’ve been drinking before tonight’s meeting. Maybe the thought of possibly having Bobby Franklin as the D3 commissioner has made them nervous.

  91. Butch Huber

    Tonight, at the commission meeting, I pointed out to Floyd, Maness, and Hagerty that Linda Elam stated in her complaint that the commission directed her to file her complaint against the city, which in essence means that she is saying that they, the commission, directed her to file her complaint against the city to go against the will of 87% of the voters. I think that may have hit home based on the expressions on their faces. I don’t think they quite understood that before.

    They sit and do nothing while Linda Elam, James Bradshaw, Randy Robertson, and Jason Holleman, either through design or incompetence, and then depending on which one you are speaking of at the time, have thwarted the will of the voters.

    100% of the voters were asked whether they wanted to amend the charter.

    100% of us had the authority to do so.

    87% of us said, “yes, please amend the charter”.

    10% were confused.

    2 % voted the wrong way by mistake.

    1% voted for Elam or Bradshaw and didn’t want they to have to give up their other seat.

    Elam and Holleman caused the overturn of the vote through incompetent legal counsel.

    And we are supposed to be happy.

  92. Sonny Griffin

    I’m afraid you may be right, Ben.

    What if you are?

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