August 27, 2012 Carl Murphy Speaks To City Council on the Tilman GOINS-Don MILLER race

Carl Murphy spoke to City Council at its August 7 meeting about Tilman Goins'  recent victory over State Rep. Don Miller.

Murphy went to Nashville this past spring with Councilman Gene Brooks to ask local Rep. Don Miller to allow a local referendum on proposed changes to the MUC Private Act involving the appointment process for MUC Commissioners.

I went to Nashville a couple of times as well. I also called several times to ask both Don and Sen. Steve Southerland and other legislators to let the people vote on the proposed changes to the MUC appointment process.

That's all we asked---let the people vote! I explained to Steve, Don, and other legislators that the MUC appointment process then in place had been adopted BY THE PEOPLE in a 2001 referendum election along with a set of MUC changes and, therefore, any change to the appointment process should be placed on the ballot for a vote BY THE PEOPLE in 2012. 

As Carl notes, Don refused to let the people vote. Several other legislators privately (and some publicly) encouraged Don to let the people vote. Don refused every request to let the people vote.

Shortly after Don and Steve pushed their new MUC appointment process through the state legislature, Tilman Goins came forward to challenge Don.  And on August 2, 2012, Don lost his seat in the State House of Representatives after one term. Click here.

Don had the money and the political machine behind him.

Goins joined the race to stand up for the people and the principle that a local law passed by the people should not be overturned by one, two, or 132 legislators in Nashville or by five Morristown City Councilmembers.

Goins brought out several other issues and endured vicious attacks by Don and his followers.

Don ran ads about Goins' two "government checks" without ever explaining that one of those "government checks" was a small Veterans Administration (VA) check for a service-connected disability related to Goins  years of military service in the Marine Corps  and the US Army.

[The other government check is, of course, Goins' salary as an elected county commissioner which is just like Don's "government check" as a state representative--only much smaller]

The attack on Goins' VA disability pension was gutter campaigning at its worst. Miller's implcation  that a VA service-connected disability pension is like a free-loading "government check"
was an affront to all who have served in the US Armed Forces.

The rest, as they say, is history.

July 18, 2012 McGuffin "Officially" Returns to MUC 5-2.

After getting five councilmembers, State Rep. Don Miller, and State Sen. Steve Southerland to serially reject twenty-one other people and to change state law for him, George McGuffin was re-appointed to the Morristown Utility Commission (MUC) in a 5-2 vote yesterday.

Paul LeBel made the motion. Kay Senter seconded it. Voting for McGuffin were LeBel, Senter, Garrett, Bivens, and Jinks. Voting against were Mayor Danny Thomas and Gene Brooks.

The law that was changed for McGuffin  in 2012 was an appointment process that had been approved and put in place by the vote of the people in a 2001 referendum election.

Just prior to yesterday's vote, Councilman Gene Brooks asked City/MUC Attorney Dick Jessee about the legality of political ads and signs that MUC paid for during the 2001 referendum telling Morristown residents to Vote "FOR" the MUC Private Act. Jessee repeated that MUC could provide "information" about a referendum but hesitated to answer Brooks' specific question about whether MUC could go beyond information to telling people to VOTE FOR the MUC referendum question.

July 4, 2012 21st Morristown Leader Rejected as Not Good Enough by LeBel Five

Tom Strate, longtime Morristown resident, businessman, and insurance agent, was nominated to the Morristown Utility Commission by Mayor Thomas on Tuesday. His nomination was quickly rejected in a 5-2 vote.  Strate thus joins the 20 other people who are not good enough to sit on the MUC Board. See the full list of 21 rejectees at the end of this post.

Two councilmembers supported Strate (Mayor Thomas and Gene Brooks). Five councilmembers (Paul LeBel, Bob Garrett, Kay Senter, Claude Jinks, and Chris Bivens) voted to reject Strate.

The Morristown Utility Commission, made up of Harold Nichols, Gene Jolley, Max Biery, Lynn Elkins, and Chairman George McGuffin, sent Strate's name along with two others (George McGuffin and Jay Smith) to the Mayor last week. The Mayor made his nomination of Strate from the MUC-provided list.

The last three of the 21 rejections have taken place after the new McGuffin law that was ushered through the state legislature by Sen. Steve Southerland Rep. Don Miller and ratified by five councilmembers on May 1st with LeBel, Senter, Bivens, Garrett, Jinks, Southerland, and Miller refusing to allow the people to have their voice heard on the issue in a $250 referendum.

Under the McGuffin Law a/k/a McGuffin Appointment Process, MUC will submit its next list of three nominees directly to the council.  The councilmembers who pushed to change state law for one person are positively giddy at the prospect of being able to take the next three-person MUC list, immediately throw away two of those names and then nominate that one special person, George McGuffin, at long last. 

It has been noted that the current appointment process was put in place BY THE PEOPLE (72%) as part of the 2001 MUC Referendum Question. The five councilmembers pushing the McGuffin Law were asked to have a referendum on any proposed change to the 2001 voter-approved appointment process.   They refused. 

Sen. Steve Southerland was asked to provide for a referendum and let the people vote. He refused.

Rep. Don Miller was asked to let the people decide. To quote Don Miller's one-word response to requests from citizens and state legislators to let the people of his district vote on this issue: "NO."

TWENTY-ONE REJECTEES
In 2011 and 2012, not one of the following nominees to sit on the MUC Board could get the approval of a majority of the full council.

Mike Minnich
Glenn Thompson
Carroll Fowler
Wally Long
John Allen
Mike Davidson
Bruce Sluder
Jerry Isaacs
Gene Lynch
Steve Henrikson
David Wild
Steve Isaacs
Chris Horne
Joel Hice
Jo Ervin
John Hodge
C.L. "Buddy" Jones, III
Randy Harville
Terry Brimer
Peter Cantwell
Tom Strate

July 3, 2012 MUC Selects One Nominee for the McGuffin Seat (and Two Toss-Aways)

George McGuffin, chairman of the MUC Board of Commissioners presided over the monthly MUC meeing last Thursday, June 28, at 8 AM.  Other MUC commissioners in attendance were Harold Nichols, Lynn Elkins, Gene Jolley, and Max Biery.

One of the first items on the agenda was a vote on three names to submit to Mayor Danny Thomas for his selection of one name to submit to the council for the MUC seat currently held by George McGuffin.

The MUC Commissioners approved a three-name list consisting of George McGuffin, Jay Smith, and Tom Strate.

Actually, let's face it. This is really a one-name list (George McGuffin) with two toss-aways (Jay Smith and Tom Strate) thrown in simply because MUC is required to submit three names.

Keeping George on the Board is the name of the game, and it is a very important game.

So important that 20 people--selected by the MUC Board--have already been rejected by what is now a five-member council coalition determined to keep anyone else from sitting in the "McGuffin seat."

So important that these same five councilmembers got Sen. Steve Southerland and Rep. Don Miller to sponsor a bill to change state law to overturn a part--the MUC appointment process--of the 2001 MUC Referendum so that the MUC appointment comes directly to council for a direct vote after rejection of three mayoral nominees.

So important that these five councilmembers (Paul LeBel, Bob Garrett, Kay Senter, Claude Jinks, and Chris Bivens) were afraid and refused to allow the people to vote in a new referendum in 2012 on whether there would be a change to the appointment process that the people had put in place BY THE PEOPLE--at the urging of MUC--in the 2001 MUC referendum. 

So important that Rep. Miller, who was asked by fellow legislators and several of his constituents to let the people vote in a referendum on approval or rejection of the McGuffin Law, repeatedly said "no" to letting the people vote. 

Miller wants the people to vote for him for state representative, BUT he doesn't want to let the people vote in a referendum on the MUC Act as they were allowed to do in 2001.

May 2, 2012 Randy Harville Rejected by The Five (Councilmembers)

MUC (Morristown Utilities Commision) sent three names (Randy Harville, Peter Cantwell, and George McGuffin) to the Mayor.

Mayor Thomas submitted one name (Randy Harville of Holston Gases) to the full Council..

Five councilmembers (Paul LeBel, Bob Garrett, Kay Senter, Claude Jinks, and Chris Bivens) quickly rejected Harville at yesterday's council meeting. Mayor Thomas and Councilman Gene Brooks supported Harville's nomination.

Randy Harville thus becomes a part of Morristown political lore--joining the seventeen other people who have been nominated to the MUC Board only to be rejected by a majority of city councilmembers.

Harville is in good company--but just not good enough to sit in the MUC seat reserved by LeBel, Garrett, Senter, Jinks, and Bivens for George McGuffin.

One MUC Board member (Lynn Elkins) showed up at yesterday's council meeting. She got to see Harville's rejection.

She also got to see five councilmembers (above) who like Elkins have been carrying water for George McGuffin take the last step in the process of changing state law for McGuffin.

Before rejecting Harville, the same five councilmembers voted to ratify/approve a new state law (the McGuffin Law) that changes the MUC appointment process that was put in place by 3,202 voters in a 2001 referendum.

The McGuffin Law, that was sponsored and ushered through the state legislature by Rep. Don Miller and Sen. Steve Southerland, overturns the current 2001 voter-approved appointment process and will soon let the five officially put 34-year Board member George McGuffin back on the MUC throne for another five years.

After all, no one else in all of Morristown can sit in the "McGuffin" seat.

April 26, 2012 Morristown Utilities Selects Three Candidates for Its EIGHTEENTH List

Yesterday, the MUC Board (George McGuffin, Harold Nichols, Gene Jolley, Max Biery, and Lynn Elkins) met at 8 AM.

They selected a list of three candidates for the MUC seat currently held by longtime (34 year) MUC member George McGuffin.

The three candidates on this EIGHTEENTH list of candidates are: George McGuffin (18th time), Peter Cantwell, and Randy Harville.

Harville is the local manager of Holston Gases.

After Max Biery makes the nominations, he asks MUC Gen. Mgr. Jody Wigington if he (Wigington) knows Harville. Wigington laughs and says, "Yes, he's a competitor."

The reason that the MUC Board is submitting its18th list is because there are five councilmembers (LeBel, Garrett, Senter, Jinks, and Bivens) who think that George McGuffin is the ONLY person in Morristown who can serve in this position.

These five think that NO ONE in Morristown--not any of the previous 17 MUC candidates that have been rejected thus far and NO ONE ELSE that might be nominated by MUC in the future--is capable and qualified to serve on the MUC Board.

At the May 1 council meeting, these five will get to approve and officially enact the "McGuffin Law."  The McGuffin Law was proposed LeBel and Associates back in November 2011 and sponsored in the state legislature in 2012 by two local legislators: State Sen. Steve Southerland and State Rep. Don Miller.

The McGuffin Law changes the current appointment process--that was put in place by the voters as part of the 2001 MUC Referendum. After the five enact the McGuffin Law, it will let them officially put McGuffin back on the MUC Board a few weeks or months down the road. 

Of course, McGuffin never really left the MUC Board. He has remained on the Board as a "holdover" from the date his term expired on July 31, 2011.

Why is a Board appointment so important that state law has to be changed to ensure that McGuffin stays in place?

Certain positions (MUC Board) and certain people (McGuffin) are key to control and power in Morristown.

The MUC Board and McGuffin are two important pieces of the appointed/unelected local power (pun-intended) structure.

To keep those pieces in place, the "McGuffin Law" was sponsored and pushed forward in the state legislature by our local State Sen. Steve Southerland and local State Rep. Don Miller. It was signed by Governor Haslam and now comes back to the "LeBel Five" for final approval.

FYI: Sen. Southerland sponsored the McGuffin Law in the State Senate but refused to vote on it! Rep. Miller was asked by local citizens and later by state legislators to allow a referendum for approval of the McGuffin Law. He refused.

These five councilmembers (LeBel, Garrett, Senter, Jinks, and Bivens) and these legislators (Sen. Southerland and Rep. Miller) asked for your vote when they ran for office, but they refused to write the McGuffin Law or to make changes to the McGuffin Law to allow the people to vote on approval or disapproval in a referendum.

Why are these seven afraid of letting the people whom they serve "vote"?

Why were the people "good enough" to elect these people and "good enough" to put the current  MUC appointment process in place as part of the 2001 MUC referendum question, but the people are not "good enough" in 2012 to vote in a referendum on whether to change that appointment process by voting to approve or disapprove the McGuffin Law? 

When politicians act in an unusual way---and refusing to allow their constituents to vote IS unusual---it typically goes back to power and fear of losing control. If you are unsure about the result of a referendum or fear that you can't totally control a referendum, then you just do what you want to do without a referendum. And you try to cover yourself by blaming others for the problem!

When crazy things are happening and politicians refuse to let the people they serve vote, follow the money/power trail.

April 16, 2012 MUC Selects Three Candidates for MUC Board as McGuffin Law Moves Forward Without Voter Input in a Referendum

Three of the five Morristown Utilities Commissioners (Harold Nichols, Lynn Elkins, and Max Biery) met last week to select three candidates for the MUC seat currently held by George McGuffin. This is the SEVENTEENTH list MUC has prepared during the last nine months.

Two MUC commissioners (Gene Jolley and George McGuffin) did not attend.

The three nominees are Peter Cantwell, Buddy Jones III, and, of course, George McGuffin. McGuffin has held the current seat for 34 years.  McGuffin could pull his name from contention now, but he won't. Keeping this MUC position has become much like a life-and-death power struggle for McGuffin.

Keeping McGuffin in place is also vitally important to the five councilmembers (LeBel, Senter, Garrett, Bivens, and Jinks) who voted in November 2011 to change state law for McGuffin.

The Five asked our two local state legislators (Rep. Don Miller and Sen. Steve Southerland) to push a bill through the state legislature to change the current appointment process that was put in place by 3,202 people (72%) in a 2001 MUC referendum. 

BUT the five councilmembers would not agree to put their proposed MUC appointment changes on a referendum in August 2012 and LET THE PEOPLE DECIDE if a change should be made.

The two state legislators agreed to re-write the appointment process but they, too, would NOT agree to put their appointment changes to a vote OF THE PEOPLE in an August 2012 referendum.

In an incredible move, Sen. Southerland made changes to the local bill and sponsored the local bill but did NOT vote for it.

Rep. Miller took the bill to the House State and Local Government Committee and there publicly refused a request to consider an amendment to provide for a referendum to let the PEOPLE SPEAK and give direct approval or disapproval at the ballot box.

Meanwhile, McGuffin is keeping a low profile as he waits for the "McGuffin Law" to be signed by Governor Haslam and returned to city council so that the LeBel Five (Paul LeBel, Bob Garrett, Kay Senter, Chris Bivens, and Claude Jinks) can give final approval to put the McGuffin Law into effect.

Then, a short time after the McGuffin Law is in place, the FIVE who have chosen to override the 2001 referendum and WHO HAVE REFUSED TO LET THE PEOPLE SPEAK in a referendum in 2012 can officially appoint McGuffin to MUC and keep the good old boy system in place.

After all, politicians just need the people briefly at election time.  After that, the special interests and money people take over.

The McGuffin Law overturns the appointment process that MUC, headed by Chairman George McGuffin, asked the council and the voters to approve in 2001.  But when the law doesn't work for you later---even if it's a law YOU previously supported and that the PEOPLE overwhelmingly voted for--you just change it to what works FOR YOU.

What about the referendum? What about the people?

There are very few instances when a referendum is permitted in Tennessee--approval of a local Private Act is one of those instances.

What does it tell you when seven elected officials (LeBel, Senter, Garrett, Bivens, Jinks, Miller, and Southerland) unite to refuse to let the people speak through a $250 referendum?

We have reached rock bottom in the City of Morristown when seven elected officials oppose LETTING THE PEOPLE SPEAK IN A REFERENDUM.

Of course, you have to remember that four of these (LeBel, Senter, Garrett, and Bivens) also wanted to put public comments from the people at the end of city council meetings and to reduce the time allowed for public comments from three minutes to two minutes.

Thankfully, there are two elected officials--Mayor Danny Thomas and Councilman Gene Brooks--who show respect for the 2001 REFERENDUM results and who are willing to abide by the results of that referendum until proposed changes to the appointment process are submitted TO THE PEOPLE in a new REFERENDUM on whether to change the 2001 voter-approved MUC appointment process. 

April 4, 2012 Rep. Don Miller Refuses Rep. Parkinson's and Rep. L. Miller's Request To Allow a Referendum on MUC Appointment Process

Rep. Don Miller successfully ushered his changes to the local Morristown Utilities Commission  appointment process through the Tennessee Legislature's State and Local Government Committee on March 27.

The voice vote was not unanimous, but Miller's fellow legislators were obviously prepared to stand with Miller regardless of their personal concerns about Miller's refusal to let the people vote on the change to the appointment process in a referendum in August 2012.

Having come out of committee, the MUC appointment process is ready for a final vote today during the House's 9 AM session. Unless Miller decides that HE wants to hear the voice of the people in a referendum, Miller's bill will let five people (Paul LeBel, Kay Senter, Bob Garrett, Chris Bivens, and Claude Jinks) override the votes of the 3,202 people who supported all MUC changes, including the current appointment process, in 2001.

The Committee was so lined up behind Miller that it wanted to refuse to allow comments by Morristown Mayor Danny Thomas. To his credit, Rep. Miller intervened to allow Mayor Thomas to speak briefly. 

Mayor Thomas, unlike Miller, supports conducting a $250 referendum to see if the PEOPLE want to change the MUC appointment process that was part of a group of changes requested by MUC in 2001, approved by council in 2001, passed by the state legislature in 2001, and then approved by 72% of the people in a May 2001 referendum.

During the debate on HB 3860, Rep. Antonio Parkinson and Rep. Tommie Brown spoke passionately about respecting the votes of the people and the results of the 2001 referendum.

Rep. Tommie Brown then asked Rep. Miller if he would accept a friendly amendment to provide for a local referendum for approval of the MUC appointment changes. [See below for two updates]

[Update: On March 27, both Rep. Tommie Brown and Rep. Antonio Parkinson wanted to allow the Morristown voters to decide whether to change the appointment process. It was Rep. Antonio Parkinson who asked Rep. Miller if he would accept a friendly amendment to pass the bill with the provision that it return to Morristown voters as a referendum.]

Rep. Miller refused and stated that he considered an amendment for a referendum, letting the people
vote, as a "hostile" amendment.

[Update: In a previous committee hearing, Rep. Larry Miller had also asked Rep. Don Miller if he would permit a referendum. Rep. Don Miller at that time said "no."]

Miller opposes an August 2 referendum. Instead, Miller wants approval of the MUC appointment changes to come back to city council where FIVE votes are all that is needed to override and change the appointment process that 3,202 people put in place in the 2001 MUC Referendum. Miller knows that the five votes are currently in place (LeBel, Senter, Garrett, Bivens, Jinks). Miller is not sure what would happen if the people were allowed to speak in a referendum.

And that is the amazing situation we are in today.

Our local state representative is asked to allow a $250 referendum to let the people speak on proposed changes to the MUC appointment process and he says "no." Why?

Why does Miller oppose a referendum to let the people express their opinion but turns around and says he wants people to express their opinions directly to him by responding to a questionnaire?

If Rep. Miller REALLY wants the people's opinion on the appointment process and wants that opinion to be binding and expressed in the privacy of a voting booth, a referendum is the answer--just as it was in 2001.

Sen. Steve Southerland, who sponsored the same changes to the appointment process in the state senate, also opposed amending the bill to provide for a referendum.  In perhaps the most bizarre action of all, Southerland refused to vote for his bill on March 8.

Why is our local senator sponsoring a bill but not voting for it? The statement that he doesn't want to appear "biased" is ridiculous. When you write a bill that affects your local government and you sponsor it, you own it. If you aren't willing to vote for a "local" act that you sponsored, you shouldn't carry the bill and ask other senators across the state---who aren't affected by it and whose constituents are not affected by it---to vote for it.

When a local senator opposes letting the people speak in a referendum, rewrites a bill, "sponsors" it, and then refuses to vote for it, who is behind this?

When a local representative rewrites a bill, "sponsors" it, says he wants the people to express their opinion to him but he does NOT want the voters' opinion in a referendum, who is behind this?

When five city councilmembers want to change a local law that was put in place by the people in a referendum but oppose letting the people speak again in a referendum, who is behind this?

It's not rocket science. It's George McGuffin.

It's McGuffin keeping control of MUC for another five years. It's McGuffin refusing to let anyone else be appointed to the MUC Board.  It's changing the law for one person.

It's raw power and politics. It's money and McGuffin.

March 11, 2012 Sen. Steve Southerland and Rep. Don Miller Re-write the McGuffin Law But Still Shut the People Out--No REFERENDUM

The "news"paper reported that the McGuffin Law was introduced in the state legislature, but I haven't seen an article on the changes made by Sen. Steve Southerland and Rep. Don Miller.

The local "McGuffin Law" (SB 3787/Sen. Steve Southerland and HB 3860/Rep. Don Miller) was sent to the state legislature by the LeBel Five: Paul LeBel, Kay Senter, Bob Garrett, Claude Jinks, and Chris Bivens. The LeBel Five's appointment process (Nov 2011) had all MUC appointments bypassing the Mayor and coming directly to city council. 

Southerland and Miller had state attorneys re-write the "McGuffin Law" so it would provide that the Mayor gets three chances to please the LeBel Five by appointing the person the Five want and then, if the Mayor doesn't please the Five with any of his three appointments, the next MUC appointment comes directly to council and the LeBel Five can finally appoint McGuffin this year and any person they want in future years.

HB 3860 is here.

[Since the Mayor hasn't been able to please the LeBel Five with his past FOURTEEN nominations, the changes by Southerland and Miller will have little practical effect]

Southerland and Miller re-wrote the "McGuffin Law," but they are not willing to put their new and improved "McGuffin Law" to a vote of the people in a REFERENDUM--which is how the current appointment process was enacted in 2001. 

The LeBel Five don't want a $250 CITY REFERENDUM on the "McGuffin Law" on August 2, 2012, in conjunction with the county election----or at any time---and Southerland and Miller are leaving it where the LeBel Five don't have to worry about a referendum. The LeBel Five get the final say on approval of the "McGuffin Law." 

It's way too risky to let the people vote again, so the LeBel Five will use their FIVE votes to change what 3,202 people voted for in the 2001 REFERENDUM. No REFERENDUM in 2012 as in 2001. Just shut the people out this time.

The irony here is that there have been many votes at the state level to prevent voter fraud, such as the requirement that voters present a Picture ID before voting---and I absolutely agree with the Photo ID law.

But who protects the votes and the integrity of a referendum election after it has taken place? 

It appears that the integrity of the 2001 REFERENDUM and the votes of 3,202 PEOPLE don't count when politicians and George McGuffin are scrambling to ensure that McGuffin continues on the Morristown Utilities Commission.

Why have local officials decided that having one particular person--and no one else--on the MUC Board is so important that:

(1) They have to go to the State to get the MUC Private Act changed;
(2) They are willing to overturn an appointment process that was approved by 72% of the voters (3,202 people) in a referendum; and
(3) They are acting like it would be the end of the world if the McGuffin Law didn't pass?

And why has George McGuffin decided that his power and position on the MUC Board are worth creating appointment gridlock for eight months, having his name submitted fourteen times, and going to the state to get local officials to overturn the current MUC appointment process that was overwhelmingly approved in the 2001 REFERENDUM?

February 3, 2012 CFA Site Has Channel 8 (WVLT) Report on Five Councilmembers Trying to Change the Voter-Approved MUC Appointment Process

Citizens for Accountability has posted the video of a Ch 8 segment that aired on WVLT-TV on Wednesday evening.

The newscast discusses the local controversy generated by five councilmembers (Paul LeBel, Kay Senter, Bob Garrett, Chris Bivens, and Claude Jinks) who have aligned to reject not one, not two, but ELEVEN different mayoral appointees to the Morristown Utilities Commission (MUC) Board.

[Jinks, whose daughter-in-law works for MUC, cast a vote for the mayor's first appointment and then joined firmly with The Five in supporting current MUC Chair George McGuffin and rejecting everyone else]

Click here for the CFA post.

Click here for the original WVLT video and text of its report.

HISTORY:

The current appointment process for MUC Board members was submitted to the PEOPLE, along with other MUC changes, for approval or disapproval in a 2001 referendum.   The MUC referendum, including the current appointment process, was approved overwhelmingly by 3,202 voters in 2001 (72% FOR 28% AGAINST).

As a result of the referendum, recommendation of candidates for MUC Board membership comes straight from the MUC Board which is chaired by 34-year member George McGuffin who wants to stay on the Board for another five years.

A list of MUC-candidates is sent to the Mayor, who then submits the name of one of the MUC-provided candidates to the full council for approval of disapproval. So far, ELEVEN MUC-provided candidates have been submitted to council by the Mayor, and all ELEVEN have failed to be approved.

So, MUC keeps sending lists of more MUC-approved candidates to the Mayor, and The Five keep rejecting every mayoral nominee.

MUC Chair McGuffin will not step aside and let someone else be appointed. McGuffin pretends to sit on the sidelines as a spectator while he actually backs and encourages The Five councilmembers to keep on shooting down the very people who have been recommended for an MUC Board seat by the MUC Board that McGuffin chairs.

How do The Five propose to get McGuffin back on? Change the law.  The integrity of the 2001 Referendum means nothing to the Five, so they have asked our local state representatives (Rep. Don Miller and Sen. Steve Southerland) to get the state legislature to help change the local law/MUC Private Act to alter the voter-approved appointment process without holding a referendum to see if the PEOPLE want to change what the PEOPLE voted for.

Why are McGuffin and The Five and their associates willing to go so far as to attack and overturn a referendum in order to keep McGuffin in place?  Well, it appears to be either a raw power grab by McGuffin and Company and/or part of a political vendetta against Mayor Thomas. 

From here on, you can only laugh when these officials publicly encourage people to vote and talk about the integrity of elections and preventing voter-fraud. Those nice little public statements are nothing but garbage when these officials are making a mockery of a local referendum as they try to overturn the MUC-appointment process that was approved by 3,202 voters---72% of all votes cast---as part of a series of 2001 changes to MUC.

If The Five want to make changes to the MUC appointment process and protect the integrity of the 2001 MUC Referendum,  it's really quite simple to do. Put the proposed changes on the ballot for a vote of the people. 

Maybe the people want to change the MUC appointment process that they voted for in 2001. Maybe the people do not want to change the MUC appointment process that they voted for in 2001. 

The council included the current appointment process as part of the MUC ballot question in a 2001 referendum, and 72% of the voters said YES.  Why are Five Councilmembers so afraid of putting their proposed changes on the ballot again to see if the VOTERS want to change what the voters approved in 2001?

December 19, 2011 Morristown Utilities Commission Delays Nomination Process

In the continuing Morristown Utilities Commission (MUC) saga, MUC has chosen to wait until 4:00 PM on Tuesday, December 20, [one hour before the City Council meets on that same day] to meet and come up with a TENTH list of three names for a seat on the MUC Commission. 

MUC's TENTH list will then go to Mayor Thomas who selects one name and presents that name to the full council for approval or disapproval. On NINE previous occasions, Mayor Thomas' selection has been quickly rejected/ disapproved by council.

Since MUC knows full well that the City Council meets at 5 PM on December 20th, the date and time of the MUC meeting is no accident. Morristown Utility Commissioners know that if they vote on a list of three candidates at 4 PM, it may be hard to get the list typed up and to Mayor Thomas before council's 5 PM meeting on that same day. 

It looks like MUC is hoping that their last-minute vote on a list of three candidates for the MUC Board will make it difficult or impossible for the Mayor to make a nomination on December 20th--thus sparing a TENTH person from quick and automatic rejection/disapproval by the McGuffin-or-Bust group (Paul LeBel, Bob Garrett, Kay Senter, Claude Jinks, and Chris Bivens) at least until January's council meeting.

Just to make sure that no one else gets the "McGuffin" seat, the McGuffin-or-Bust group are planning to change the MUC appointment procedures and have asked local Rep. Don Miller and local Sen. Steve Southerland for help in getting the state legislature to make it where a vote of these FIVE councilmembers can change the current appointment process that was set up by the people in a 2001 REFERENDUM.  

It appears that Miller and Southerland have agreed to help the McGuffin-or-Bust group circumvent and cancel out the votes of the 3,202 people (72% of those casting ballots) who put the current appointment process in place with their votes FOR changes to the MUC Private Act in the 2001 referendum.

What's going on? 
Who is standing up TODAY for the 3,202 voters (72% of ballots) who cast their ballots for changes at MUC, including the current appointment process, in the 2001 MUC REFERENDUM?
 
Who is standing up TODAY to preserve the integrity of the 2001 MUC REFERENDUM and to make sure that any change to what the overwhelming majority of voters approved in 2001 is only made by a REFERENDUM in 2012?
 
You often hear people say my one vote doesn't count. Others say it doesn't matter what/who I vote for, they (politicians) are going to do whatever they want to do.

The McGuffin-or-Bust group and George McGuffin have no regard or respect for the 3,202 individuals who voted FOR changes to the MUC Private Act in 2001, including the current MUC appointment process.



The McGuffin-or-Bust group and George McGuffin are willing to cancel not just one vote but 3,202 votes to keep McGuffin in control of MUC.

The McGuffin-or-Bust group and George McGuffin are clearly going to do whatever it takes to keep George McGuffin in control at MUC.

Why doesn't Council just let changes go to a referendum like they did in 2001 and let this be handled the right way--by the people?

October 2, 2011 MUS Commissioners Nominate Three, Including Their Own George McGuffin, for a 5-year Term on the MUS Board

The MUS Board of Commissioners (George McGuffin, Harold Nichols, Gene Jolley, Lynn Elkins, Max Biery) met on September 29, 2011. The Board wasted no time in nominating three individuals for the seat currently held by longtime MUS Board member George McGuffin.

The three persons nominated by the MUS Board are: George McGuffin, Mike Davidson, and John Allen.

Max Biery made the motion, and in less than two minutes the three were selected by acclamation. Click on the video. [MUS  has rescinded its previous "no-taping" edict, unofficially allowing its 9/20/11 meeting to be taped and voting "officially" at its 9/29/11 meeting to allow taping of its meetings with a few restrictions.] 

At City Council's October 4 meeting, Mayor Danny Thomas will submit one of the three names to City Council for Council's approval or disapproval--just as Thomas has done on FOUR previous occasions. 

Thus far, the LeBel/McGuffin group has rejected all FOUR of the Mayor's previous selections.

With several councilmembers in his pocket or in the pocket of his friends, McGuffin has successfully blocked the appointment thus far of mayoral nominees Mike Minnich, Glenn Thompson, Carroll Fowler, and Wally Long.

Based on the track record of the LeBel Five (Paul LeBel, Claude Jinks, Bob Garrett, Kay Senter, and Chris Bivens), the Mayor's nomination of anyone except George McGuffin at the October 4 meeting of the City Council will be shot down quickly with the LeBel Five insisting that no one within the city limits can take George's place on the MUS Board.

Paul LeBel, who is also a county commissioner, supported  George McGuffin's son Frank in Frank's race against Mayor Danny Thomas in May 2011.  LeBel has never gotten over Danny Thomas's  convincing victory over Frank McGuffin, dislikes Mayor Thomas, and has voted FOUR times to reject all FOUR of Mayor Thomas's previous nominees. 

LeBel is determined to oppose almost any idea, suggestion, or innovation by the man (Danny Thomas) who defeated LeBel's personal choice for mayor (Frank McGuffin).  

LeBel has even resorted to sending out letters to councilmembers --outside of a public meeting--to get councilmembers to sign on to Paul's two-prong plan (1) to take away the City Mayor's cell phone and (2) to "timeshare" the City Mayor's office, purportedly so Paul and buddies can talk with their "constituents" in the Mayor's office at the City Center instead of in the nearby conference room or in council chambers.  

NOTE: LeBel managed a 24-vote victory over Charles Cook in the May 2011 four-man race for the at-large city council seat. LeBel is also a county commissioner, having been first elected to the county commission in a close race in 2006. During the past 5 years on county commission, LeBel has NEVER tried to "timeshare" any county office, has NEVER asked to use any space at the courthouse to meet with constituents, and has NEVER attempted to take away the County Mayor's cell phone.

Claude Jinks, whose daughter-in-law Jackie Jinks works at MUS, has voted three times to reject the mayor's nomination of anyone "other than George."

Bob Garrett, who worked at MUS for over 40 years and supported George's son Frank in Frank's unsuccessful May 2011 mayoral race against Danny Thomas, has voted four times to reject each of  Mayor Thomas's four previous nominees.  Garrett is in his first term on council with a term that expires in May 2013.

Kay Senter is another who has voted four times to reject Mayor Thomas's nominee.  Senter, who has been on council for years and years, will be up for re-election in May 2013 if she chooses to run again.

Chris Bivens, who rode the anti-incumbent tide to a victory over longtime councilmember William "Doc" Rooney, abstained once and then joined the LeBel Five, voting three times to reject the Mayor's nominee.

These are the five councilmembers who have banded together to let everyone in Morristown and across the state know that there is no one in the city limits of Morristown who can serve the next five-year term on the MUS Board of Commissioners except George McGuffin.

The LeBel Five are being encouraged to hold firm and keep rejecting anyone other than George until January 2012 at which time the LeBel Five/George McGuffin intend to ask State Senator Steve Southerland and State Representative Don Miller to change the law so that the LeBel Five can officially put George McGuffin back on the MUS Board instead of simply blocking the Mayor's nomination of CPAs, business owners, and plant managers.

MUS is just another board where one appointment turns into another and another--until for all practical purposes it is a lifetime appointment with no one else getting a chance to serve until the appointed/anointed one steps aside or passes on.

September 16, 2011 Attorney General Opines that McGuffin Is a Holdover

State Senator Steve Southerland recently requested an opinion from State Attorney General Robert Cooper as to the status of George McGuffin on the Morristown Utility Board of Commissioners.

Cooper's opinion is that McGuffin, who has served on the Board for over 34 years and whose most recent five-year term has already expired, remains on the Board, acting as a "holdover," until a successor is approved by the Morristown City Council.

The full opinion is here.

Thus far three individuals have been nominated by the Mayor to succeed McGuffin. A core group of councilmembers who think George McGuffin (pictured below) is the ONLY person who can serve in this position has blocked all three of the Mayor's nominees from serving on the Utility Board. 

To keep anyone from taking "the McGuffin seat," councilmembers did not approve Mike Minnich and voted to disapprove Glenn Thompson and Carroll Fowler as noted here, here, and here.

At this point, most of the "only George" councilmembers have indicated that they will continue to block the appointment of anyone except McGuffin to the Morristown Utility Commission until January 2012 when the state legislature goes back into session.

In January 2012, they would ask State Sen. Steve Southerland and Rep. Don Miller to change the Private Act governing the MUC so that they can "officially" put George back in instead of blocking the nomination of anyone and everyone else.

George is not the manager of the utility. Jody Wigington is.

Why are certain councilmembers, led by King Paul LeBel along with Prince Bob Garrett and Princess Kay Senter, going berserk and crying that the "sky is falling" at the thought of someone other than McGuffin  serving as a utility commissioner? 

Is George McGuffin, one of five Utility Commissioners, indispensable or just powerful and power-hungry?

Is the management and staff of the Morristown Utility System--the people who run the place--so weak that George McGuffin must be on the Board in order to keep the utility going? No. 

What happens when McGuffin, at some point, is unable to serve or resigns? Does the utility collapse? No.

Why won't George step aside, let someone else serve, and contribute to the community outside of this particular Board?  Does McGuffin think he is indispensable?

What is the real reason that McGuffin is so desperate to hang on to this position?

Follow the money/power trail...Wheels within wheels.

September 30, 2010 Miller-Mullins and Southerland-West Debates Tonight at VFW at 6:00 PM

State Representative Candidates Don Miller (R) and Larry Mullins (D) will face each other tonight in a debate in the VFW Community Room (2503 East A. J. Highway) beginning at 6:00 PM.

State Senate Candidates Steve Southerland (R) and Jack West (D) will participate in a debate beginning at 7:15 PM in the VFW Community Room.

Citizens for Accountability is the sponsor of these debates.

September 29, 2010 State Senate and Representative Candidates Debate at VFW Tomorrow

Tennessee State Representative candidates Don Miller (Republican) and Larry Mullins (Democrat) will participate in a public debate at the VFW (Veterans of Foreign Wars) Community Room at 6:00 PM on Thursday, September 30.

A debate between Tennesssee State Senate candidates Steve Southerland (Republican) and Jack West (Democrat) will follow at approximately 7:15 PM.

Citizens for Accountability (CFA) is sponsoring the debates. These debates are open to the public, and there is no charge to attend.  There will be a short intermission between each debate. The Community Room is located upstairs at the VFW building at 2503 East Andrew Johnson Highway..

The CFA press release is here.

August 29, 2010 Citizens for Accountability To Host Debates Featuring TN State House of Representatives Candidates and TN State Senate Candidates

Citizens for Accountability (CFA) is sponsoring two debates on September 30. There is no charge, and the public is invited to attend.  Here is the CFA press release which can also be viewed at the website for Citizens for Accountability: www.morristownhamblencfa.com

PRESS RELEASE
Citizens for Accountability will be hosting two debates on September 30, 2010. The first debate will be between State Representative candidates Don Miller (R) and Larry Mullins (D). The second debate will feature State Senate candidates Senator Steve Southerland (R) and challenger Jack West (D).

The debates will take place in the Community Room at the VFW (Veterans of Foreign Wars) Post 5266 located at 2503 East Andrew Johnson Highway in Morristown, TN. Attendance is free and open to the public.

The debate for State Representative for Tennessee’s 10th district will begin at 6:00 PM on September 30th. Republican nominee Don Miller and Democrat nominee Larry Mullins will each give an opening statement before fielding questions from the debate moderator. AtCit the conclusion of the debate, each candidate will give a closing statement. Questions will be chosen from those submitted to Citizens for Accountability by the public.

Following a short break, the State Senate candidates will take the stage at approximately 7:15 PM. State Senator Steve Southerland, Republican, is seeking re-election to Tennessee’s 1st district which encompasses Cocke, Greene, Hamblen, and Unicoi Counties. He is being challenged by Jack West, Democrat. The Senate candidates will give an opening statement, field questions from the debate moderator, and give a closing statement.

Residents of Cocke, Greene, Hamblen, and Unicoi Counties may submit debate questions by e-mailing questions to Citizens for Accountability morristownhamblencfa@gmail.com or mailing questions to Debate Questions, P.O. Box 165, Morristown, TN 37815. All submissions are confidential, and selected questions will not be available to the candidates or to the public until the debate.

Citizens for Accountability is a local group that works in a non-partisan manner to inform, educate, and advise citizens about local government meetings and government actions that affect the livelihood and liberty of citizens.

In June, Citizens for Accountability hosted its first-ever debates featuring the Mayoral and Sheriff candidates in Hamblen County. Citizens for Accountability co-founder and debate organizer Charles Cook stated: “With the county debates this summer, attendance was close to double the expected 150. Since we anticipate an even larger crowd for the state senate and state representative debates, we are hosting these debates in the large community room at the VFW.” The VFW staff will operate a refreshment stand with soft drinks and bottled water with all proceeds going to benefit local area veterans.

The website for Citizens for Accountability is www.morristownhamblencfa.com

CONTACT:
Charles Cook, CFA co-founder
cfcook1968@aol.com
423-748-9670

January 26, 2010 Sheriff's Deputies Running for Public Office

Several years ago, a large number of Hamblen County deputies asked the Hamblen County Legislative Body to adopt a civil service act that would protect them from routine firings when a new sheriff takes office. Hamblen County did so. T.C.A. 8-8-401 et seq.

Now some of those deputies (such as Ernie Burzell and also David Kitts) are finding that the local civil service act may be a double-edged sword with the state attorney general opining (October 2009) that a deputy who is covered by civil service (such as Hamblen County deputies) must resign prior to running for sheriff. 

Here's my previous post which includes a link to the October 2009 opinion on the subject of deputies running for the office of sheriff.

Yesterday, another Tennessee Attorney General's Opinion (AGO) was released on this same subject (click here). Yesterday's opinion not only discusses a deputy (under civil service) who wants to run for sheriff but also a deputy (under civil service) who wants to run for county commission. The opinion states that "under certain circumstances" a deputy sheriff would have to resign in order to run for county commission. 

This new opinion also repeats that a deputy (under civil service) who wants to announce his candidacy for sheriff must resign or be in violation of T.C.A. 8-8-419. The opinion adds that in certain circumstances the federal Hatch Act may prohibit an employee of a state or local agency from being a candidate for elective office "unless said election is nonpartisan."

Locally, at least four individuals (Sheriff Esco Jarnagin and Hamblen County deputies Ernie Burzell, David Kitts, and Wayne Blevins) are impacted by this new AGO--and a fifth individual (Deputy Roy Rucker) may be impacted if he decides to announce his candidacy for Hamblen County Sheriff. 

Deputy Ernie Burzell announced his candidacy for Hamblen County Sheriff with Sheriff Esco Jarnagin  allowing Burzell to take administrative leave in lieu of resigning.  Deputy David Kitts announced his candidacy for Sheriff in Jefferson County but thus far has not had to take administrative leave or resign--apparently because the candidacy was in another county. It is my understanding that Deputy Wayne Blevins is running, or is planning to run, for constable. That would involve announcing his candidacy for elective office and then he, too, could be seen as being in violation of the civil service act.

An article in the local "news"paper last week mentioned that county attorney Rusty Cantwell was asking  State Rep. John Litz and State Sen. Steve Southerland "to request an attorney general's opinion."

With the October 2009 and January 2010 opinions already in place, a third opinion from the same office on deputies under civil service announcing their candidacy for office would likely be a waste of time.  No matter how many "opinions" are issued,  a deputy who wants to run for Sheriff and who disagrees with these opinions could file a lawsuit and ask a court to make the decision.

The Hamblen County Civil Service Board, relying on the October 2009 AGO, has recently filed a complaint against Sheriff Jarnagin, Deputy Kitts, and Deputy Blevins with the Hamblen County Ethics Committee. If the paper is correct, the ethics complaint wants all civil service employees treated alike and asserts that Kitts and Blevins should be allowed to take administrative leave to run for office like Burzell did. 

If you are going by the October 2009 and the newly-minted January 2010 opinion, it looks like treating  Burzell, Kitts, and Blevins alike--as the civil service board wants--may actually mean giving each the choice of resigning or being fired if they seek elective office.

According to the "news"paper, Bill Brittain, acting-chairman of the Ethics Committee, said that the Ethics Committee is "going to wait until we get the attorney general's opinion...that's what we've been advised to do." Presumably, the advice to do nothing and wait on yet another AG's opinion came from county attorney/Ethics Committee attorney Rusty Cantwell. And the purpose of getting (another) attorney general's opinion is????  The AG has already released two recent opinions that say a deputy who is under civil service must resign before announcing his candidacy for sheriff and, in some cases, before announcing his candidacy for other offices as well.

This is a proverbial can of worms. Don't be surprised if someone--whether from Hamblen County or from some other county--ends up taking this to court to get a real resolution to this rather getting a third or fourth opinion.

April 25, 2009 Joe Swann Becomes Chairman of the Hamblen County Election Commission: Lifelong Dream Realized

Right after voting this morning, I dropped in on the Hamblen County Election Commission meeting which was just starting.

This was a reorganizational meeting since the composition of the Election Commission has recently changed. There are now three Republicans on the Election Commission (Judy Blackburn, Lyle Doty, and Joe Swann) and two Democrats (Gayle Bruce and Dwaine Evans). [Previously there were three Democrats and two Republicans.]

Joe Swann, a Republican who resigned his county commission seat in order to accept Sen. Steve Southerland's appointment to the local election commission, was elected chairman. Dwaine Evans, a Democrat and former Election Commission chairman, was elected secretary.

The Election Commission discussed how to handle the counting of paper ballots in the current election and indicated that they might count the ballots themselves to save money. Wanda Neal, the current election administrator, added that an Election Commission employee might help also.

Today, Joe Swann's longtime dream of being on the Hamblen County Election Commission came true! According to the Tribune, Swann recently said of his appointment: "This is what I've always wanted." Joe's wish has indeed come true.

[Note: Joe ignored violations of state law (Tennessee Open Meetings Act) when he served on the Hamblen County Commission. Until a lawsuit was filed, he ignored another violation of the Open Meetings Act when he served on the Hamblen County Ethics Committee. I'm sure that as Chairman of the Election Commission, Joe will now be careful and make sure that all meetings of the Election Commission are announced to the public and that all deliberations concerning public business are held in public.]

[Another Note: Joe's brother is Bill Swann. Bill is the former head of BASF (Enka) and also former manager of the Morristown Utility System. Bill Swann is currently a candidate for an at-large seat on the Morristown City Council.]

December 5, 2007 Morristown City Council Illegal Immigration Resolution #2 (Federal)

Yesterday, Morristown City Council passed an illegal immigration resolution to send to Sen. Lamar Alexander, Sen. Bob Corker, and Rep. David Davis, requesting a Memorandum of Understanding to allow local officers to be trained "to perform a function of an immigration officer" in connection with the investigation and apprehension of illegal aliens.

[NOTE: See the previous post for the text of the Council's resolution that will be sent to State Rep. John Litz and State Sen. Steve Southerland]

RESOLUTION TO BE SENT TO SEN. LAMAR ALEXANDER, SEN. BOB CORKER, REP. DAVID DAVIS

RESOLUTION NO. ______________

BEING a resolution of the City Council for the City of Morristown, Tennessee, petitioning its members of Congress for assistance in dealing with illegal immigration.

WHEREAS, the City Council for the City of Morristown, Tennessee, after due consideration, makes the following findings:

1. A significant and growing population of persons reside in, are employed in, or otherwise frequent the City, who have come to, entered or remained in the United States in violation of Federal Immigration Law.

2. The City has finite resources with which to provide public services to its citizens.

3. It is desirable to secure to those lawfully present in the United States and the City, regardless of their status as citizens, the right to live in peace, free of the threat of crime, and to enjoy the public services provided by the City without being burdened by the costs of providing goods, support and services to aliens unlawfully present in the United States and the City to the extent these goals can be achieved consistently with the Constitution and laws of the United States and the State of Tennessee.

4. The increasing population of illegal aliens has compromised City and other local resources to provide essential and desirable public services to the citizens of the community, including medical services, law enforcement and public assistance.

5. The unlawful employment, the harboring of illegal ailens in dwelling units in the City of Morristown, and crime committed by illegal aliens harm the health, safety and welfare of authorized United States workers and legal residents in the City of Morristown. Illegal immigration leads to higher crime rates, subjects our hospitals to fiscal hardship and legal residents to substandard quality of care, contributes to other burdensome public services, increasing their costs and diminishing their availability to legal residents, and diminishes the overall quality of life within the City.

6. Title 8, sub-section 1324 (a) (1) (A) United States Code prohibits the harboring of illegal aliens. The provision of housing to illegal aliens is a fundamental component of harboring.

7. Title 8, sub-section 1324a(a)(1) United States Code prohibits employment or referral of employment for a fee of unauthorized aliens.

8. Harboring through provision of housing to and employing illegal aliens greatly contributes to the growth of the population of illegal aliens within the City of Morristown and the surrounding community.

9. Title 8, sub-section 1324a(h)(2) United States Code preempts any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.

10. Title 8, sub-section 1357(g) United States Code authorizes the United States Attorney General to enter into a written agreement (memorandum of understanding) with a State or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with the State and local law.

WHEREAS, Federal enforcement of the Immigration laws has failed to effectively regulate illegal immigration within the City of Morristown and surrounding community; and

NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Morristown, Tennessee, that this local governing body urges its members of Congress to take those measures necessary and reasonable to insure statutorily mandated regulation of illegal immigration within the United States.

FURTHER RESOLVED, that the governing body requests the assistance of its members of Congress in implementing a memorandum of understanding between the City of Morristown and the United States Attorney General pursuant to Title 8, sub-section 1357(g) United States Code.

FURTHER RESOLVED, that a certified copy of this Resolution be forewarded to the Honorable David Davis, U.S. House of Representatives, Honorable Lamar Alexander, U.S. Senate, and the Honorable Bob Corker, U.S. Senate.

Passed in Regular Session of City Council this ____ day ofDecember, 2007.
CITY OF MORRISTOWN, TENNESSEE

BY: ___________________________________ MAYOR
ATTEST:_____________________________________

December 5, 2007 Morristown City Council Illegal Immigration Resolution #1 (State)

The City of Morristown supports ACTION to reduce illegal immigration.

The following is the text of a Resolution that was introduced and passed unanimously at Morristown City Council yesterday. It will be forwarded to Tennessee State Rep. John Litz and State Sen. Steve Southerland.

[NOTE: A Resolution that will be forwarded to United States Sen. Lamar Alexander, Sen. Bob Corker, and Congressman David Davis also passed. See text on a separate post.]

RESOLUTION NO. ______________BEING a resolution of the City Council for the City of Morristown, Tennessee, petitioning its State Representative and State Senator to introduce and support legislation aimed at reducing the growing population of illegal immigrants being harbored and employed in the City of Morristown.

WHEREAS, the City Council for the City of Morristown, Tennessee, after due consideration, makes the following findings:

1. A significant and growing population of persons reside in, are employed in, or otherwise frequent the City, who have come to, entered or remained in the United States in violation of Federal Immigration Law.

2. The City has finite resources with which to provide public services to its citizens.

3. It is desirable to secure to those lawfully present in theUnited States and the City, regardless of their status as citizens, the right to live in peace, free of the threat of crime, and to enjoy the public services provided by the City without being burdened by the costs of providing goods, support and services to aliens unlawfully present in the United States and the City to the extent these goals can be achieved consistently with the Constitution and laws of the United States and the State of Tennessee.

4. The increasing population of illegal aliens has compromised City and other local resources to provide essential and desirable public services to the citizens of the community, including medical services, law enforcement and public assistance.

5. The unlawful employment, the harboring of illegal ailens in dwelling units in the City of Morristown, and crime committed by illegal aliens harm the health, safety and welfare of authorized United States workers and legal residents in the City of Morristown. Illegal immigration leads to higher crime rates, subjects our hospitals to fiscal hardship and legal residents to substandard quality of care, contributes to other burdensome public services, increasing their costs and diminishing their availability to legal residents, and diminishes the overall quality of life within the City.

6. Title 8, sub-section 1324 (a) (1) (A) United States Code prohibits the harboring of illegal aliens. The provision of housing to illegal aliens is a fundamental component of harboring.

7. Title 8, sub-section 1324a(a)(1) United States Code prohibits employment or referral of employment for a fee of unauthorized aliens.

8. Harboring through provision of housing to and employing illegal aliens greatly contributes to the growth of the population of illegal aliens within the City of Morristown and the surrounding community.

WHEREAS, Federal enforcement of the Immigration laws has failed to effectively regulate illegal immigration within the City of Morristown and surrounding community; and

WHEREAS, facing similar circumstances, certain states including Georgia, Arizona, Colorado and Oklahoma have adopted comprehensive legislation aimed at dealing with their growing populations of illegal aliens, a copy of Oklahoma's legislation (HB 1804, effective November 1, 2007) being attached hereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Morristown, Tennessee, that this local governing body urges its state representative and state senator to introduce and work for passage of legislation similar in substance to Oklahoma's HB 1804.

FURTHER RESOLVED, that a certified copy of this Resolution be forewarded to the Honorable John Litz, State Representative, and the Honorable Steve Southerland, State Senator.

Passed in Regular Session of City Council this ____ day ofDecember, 2007.

CITY OF MORRISTOWN, TENNESSEE

BY: ___________________________________ MAYOR

ATTEST:_____________________________________CITY ADMINISTRATOR