I just listened to one sheriff candidate speech on van herndons site and man is he ever wrong. How can you make inmates work that are not convicted (according to the law you cant) does he not know the laws of the state. Stewart County has one yes one convicted inmate in jail so is that who he plans on putting to work. That sounds like a sound financial plan. what has he done for Stewart County the past 25 years. Nothing yes nothing. Tell me one contribution this man has made. to the county. and yes you know who I am referring to. He talks about what is wrong with Stewart County yet never has contributed. Why would we open our arms to this
I'm not working for/with either candidate. But, when I read this I had to reply because just like so many others and all too often, one angry, UNEDUCATED (I'm not talking High School or even College....it's as to What HE/SHE is speaking about, and NOT KNOWING!) and here, ANNONYMOUS person is negative and 'speaks with Forked-Tongue." You don't have time in a 10-15 minute video to explain everything, especially how each goal would be implemented, enforced, administered, supervised, overseen, budgeted-for, reviewed & then lastly, following a year or so, to determine if that "goal" should be continued and if yes, modified and how to improve it; then, BACK TO ABOVE LIST & REPEAT for the 2nd Period. To explain the obvious to this negative person and any who may have believed him, all "work programs" just like the State of Tennessee's prison system where hundreds & thousands have constructed furniture as well as other type "work programs," the prisoners VOLUNTEER TO WORK and are paid some minimal amount (less than minimum wage BUT before that's twisted, that's legal due to an exception in the law) of money they can use. Or, it can go to the state Victim's Fund. What has been learned as that people locked up for a while PREFER to work!
They had a political meeting at the school for a candidate. I didnt think the school was allowed to have political persuasion? nobody was suppose to know but we do. Oh and the sister is the new director of schools HMMMMMM ...fair and equal? i am not putting a sign up no matter how much she tries to get me to
I for one am happy with the job the sheriff department has done. cleaning up the meth problem is a big task and they have worked hard to slow that down.job well done. i will vote to keep mr wyatt
This comment contradicts Sheriff Wyatt's own reports & statistics. The Meth problem has not been improved, nor has the overall drug problem, nor the violent crime problem. Plus, we all know his own Deputies were the violent ones in many cases and we who pat taxes are having to pay for the abused, innocent people who were mistreated, people who had done no wrong but who were violently attacked by deputies, at least one, two or three who even Sheriff Wyatt FINALLY had to push to resign or be publicly fired. But, that leaves the others and our growing tax-bills due to the bad acts of these people. Hell, haven't you heard that lightening has struck the jail THREE TIMES since Wyatt was elected (equal to that of previous 100 YEARS) which has to be God giving some opinion! Don't you think?
I will be supporting Jeff Knott. He has worked for government offices before and though the other candidates are nice people I just see him a better fit for this job Thanks
yes agreed Jeff Knott!!!!!!
Laura Crain for Trustee!!!! Best candidate for the job.
Ever seen a public notice for the Budget and Finance Committee meeting? Ever seen the Stewart County budget published in the newspaper before being passed by the Commissioners? Believe that the Commissioners regularly attend meetings? Believe you have heard the truth concerning the cost of the Visitor's Center? Believe you have been told the truth concerning the cost of the Jail? How about the truth concerning the cost of the ball field at the High School?
THE ANSWER TO ALL THE ABOVE IS NO!
Ok, what are you saying? Anyone can write questions & answer NO. Exactly what are the "real figures" if as you say the reported figures are wrong? NO...you don't have that? OK, Where is the evidence? What, you don't have that either? Ok, well at least What is the true story? If you don't write that and your real name, you could be some teenage prankster laughing at any who read and believe you. Come on....get real, be legit, don't just "cry wolf" anonymously and give ANY or what YOU SAY is the real story.
Stewart Mayor and County Commissioners
The undersigned residents of Stewart County, Tennessee request the assistance of the Attorney General of the State of Tennessee to institute proceedings in OUSTER against the Stewart County Mayor, and the Stewart County Commissioners for knowingly and willfully neglecting to perform the duties enjoined upon them by the laws of the State of Tennessee. In that the Stewart County Mayor and the Stewart County Commissioners knowingly and willfully violated: 1) Tenn. Code Ann. § 8-44-101 – 111 by holding secret committee meetings, and failing to provide required public notice of meetings of the Mayor and Commissioners, 2) Tenn. Code Ann. § 5-8-507 by failing to post the Stewart County budget in a local newspaper prior to presenting it to the governing body for a vote. By knowingly and willfully neglecting to perform their duties and conducting meeting in secret the Mayor and Commissioners have denied the residents of Stewart County the rights guaranteed under the Constitution of the State of Tennessee and those granted by the Legislature.
Name Signature Date
In addition to having elected officials that obey the laws we might want to make some changes to them as well. The Tennessee Constitution allows for that. See the info on Charters below. Keep in mind that we almost had enough signatures in a short period of time to stop the Bond for the jail. The same process can be used to begin the process for a new county charter. Charters can be used to install term limits and or require Bonds to be voted on by the citizens among other things.
The Charter County Form of Government
By Ron Darden, Municipal Management Consultant,
The University of Tennessee’s Municipal Technical Advisory Service
MTAS Legal Consultant Sidney Hemsley, CTAS Legal Consultant Mary Elizabeth McCroskey, MTAS Director Steve Thompson, CTAS Director Mike Garland, MTAS Librarian Frances Adams-Obrien, and MTAS Municipal Management Consultant Pat Hardy contributed to this report.
Introduction and Background
The Municipal Technical Advisory Service (MTAS) has been requested to provide information about the home rule charter county form of government as provided in Article VII, Section 1 of the Tennessee State Constitution and Tennessee Code Annotated, Section 5-1-201 et seq. This report summarizes those constitutional and statutory provisions governing county home rule, and outlines the process required for a county to change to this alternate form of county government. A brief summary of the Tennessee Supreme Court decisions relating to term limits in Shelby and Knox Counties, and other problems associated with Knox County’s adoption of its home rule charter, are also included.
This report also includes a brief summary of the provisions in the two Tennessee charter counties, Knox and Shelby, and in Palm Beach County, Fla. The Palm Beach Charter County is included to illustrate some of the similarities of charter counties across the Southeast, and the differences in such charter counties related to local conditions, preferences and county control.
The adoption of a county home rule charter in Tennessee is a local decision that can be explored by a charter commission created by the county legislative body, the county mayor, a citizen’s initiative, or by private act.
What is a Home Rule Charter County?
Home rule in Tennessee is the power of a local county or city under the Tennessee Constitution to adopt its own charter, including its own system of self-government within limitations prescribed by the Tennessee Constitution and state statute. Article VII, Section 1 of the Tennessee Constitution provides that, “The General Assembly may provide alternate forms of county government including the right to charter and the manner in which a referendum may be called.” A county that adopts a charter under Article VII, Section 1, is commonly called a home rule charter county. (Municipalities also have the authority to adopt home rule under Article XI, Section 9 of the Tennessee Constitution). Generally, the authority of such a Tennessee county to act in local affairs is transferred from the state legislature to the county home rule charter in significant legislative and administrative areas. The charter is adopted and, as need be, amended by the county voters by referendum. It replaces the previous form of county government after its adoption.
What is Required to Change the Form of County Government to a Home Rule Charter County?
There are three steps required for a county to adopt a home rule charter county:
1. A Charter Commission must be created.
2. The members of the commission must be elected or appointed.
3. Voters must approve the change in form of government.
Tennessee Code Annotated, Section 5-1-204 provides that the initial step in a charter form of county government shall be the creation of a charter commission. The commission may be created in four different ways:
1. The charter commission may be created by the adoption of a charter resolution by the majority of the legislative body of a county. Under this process the charter commission is to be elected from the same districts and in the same manner as the members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district.
2. Alternatively, the charter commission may be created by proclamation of the county mayor. The proclamation must identify and appoint the members of the charter commission and must be ratified by a two-thirds (2/3) vote of all members of the county legislative body. Members of the charter commission shall be appointed from the same districts as members of the county legislative body are elected. No more than three (3) members of the charter commission shall be appointed from any one (1) district.
This method is limited in applicability, and based on the population limits prescribed in Tennessee Code Annotated, Section 5-1-204.
3. A charter resolution creating a charter commiss
3. A charter resolution creating a charter commission may be initiated by petition of registered voters equal to at least 10 percent of the total number of votes cast in the county for governor at the last preceding gubernatorial election. Under this process the charter commission is to be elected from the same districts and in the same manner as the members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district.
4. In addition to the three methods outlined above, a charter commission may be created by a private act of the General Assembly.
Election of Charter Commission Members
Tennessee Code Annotated, Section 5-1-205 provides direction on how the elections are to be held and funded. The charter resolution adopted by either the legislative body or by voter petition requires an election of the charter commission. Under this process the county election commission is required to call an election to elect members of the commission, to be held concurrently with the next primary or general election in the county occurring 75 days or more after the resolution is adopted or otherwise becomes effective. The cost of the election is to be paid out of county funds.
The number of candidates in each district receiving the highest total vote in the election, as specified in the resolution, shall be elected as members of the charter commission. Any qualified voter of the county shall be eligible for election as a member of such charter commission. Filing deadlines and other details are also included in Tennessee Code Annotated, Section 5-1-205.
When must the Commission Develop the Charter, and How are Expenses Funded?
Each charter commission shall prepare and file the charter proposed by it no later than nine (9) months after the date of its initial meeting, or within such extended limit of time as may be authorized by resolution of the legislative body of the county. (Tennessee Code Annotated, Section 5-1-208)
The expenses incurred by the Charter Commission under any of the above methods are to be paid by the County, up to a maximum of $50,000.
If the Referendum is Successful, When does the Charter become Effective?
Tennessee Code Annotated, Section 5-1-214 provides that if a charter is approved by referendum as provided in Section 5-1-209, the charter form of government shall take effect in the county on September 1 of the year in which the terms of the incumbent members of the county legislative body expire; provided, that such referendum shall have been held at least 80 days prior to such date.
How is a Charter County Different?
Change to a charter county form of government generally allows county control over county functions; therefore each charter county customizes the government within the allowances of the Tennessee Constitution, Tennessee state law, and the United States Constitution. (See Tennessee Code Annotated Sections 5-1-201 through 5-1-214) Charter counties have the statutory authority to adopt the following changes:
1. Size, method of election, qualification for holding office, method of removal, and procedures of the county legislative body. This includes composition and powers of the legislative or governing body, and terms (and term limits) of members.
2. Form of government, including separation of legislative and executive functions between an elected mayor and legislative body. [TCA 5-1-210 (1)]
3. Assignment of executive responsibilities to the elected mayor or to an appointed county administrator, appointed by and serving at the pleasure of either the mayor or the legislative body. [TCA 5-1-210(5)]
4. Reorganization of the administrative departments, agencies, boards and commissions of the county government, except as outlined for constitutional officers. Development of a civil service system, county employees’ retirement and pension systems (although there are limitations on changes to benefits for existing county employees and employee groups).
5. A method for future changes to the charter.
6. A transition plan from the existing county government to the chartered form of county government.
7. Each county government created and established pursuant to this part is empowered to set maximum monetary penalties and forfeitures up to $1,000 for violation of county ordinances. In counties with a population of more than 700,000 according to the 1990 federal census, no fine over $50 is allowed unless the ordinance permitting such is approved by a two-thirds (2/3) vote of the county commission. (However, where such fines are imposed by a court, Article VI, Section 14 of the Tennessee Constitution probably restricts those imposed for punitive purposes to $50. Also see City of Chattanooga v. Davis, 54 S.W.3d 248 (Tenn. 2001).]
Under case law in Tennessee, counties have no more authority than can be expressly found, or necessary implied in, a statute. But statutes passed by the General Assembly in recent
THANK YOU! I just through writing to another poster who made claims with no legit info. You provide Great Info and it's appreciated! I'm not saying I agree with you but in a Free Democracy like ours,mew must have civil challenge of authority to "check & balance" their power! Personally, I thank Mayor Joiner has for 30 years been very fair, honest and has worked hard for his entire life helping Stewart County. I won't say that for our Sheriff's Department who after four years has caused our taxes to be wasted on his lack of knowledge and allowing his deputies to be Thugs! Even he has now severed ties with some of these violent criminals he hired or kept as his, our, Deputy Sheriffs. He makes me ashamed and sad.
But statutes passed by the General Assembly in recent years, including the County Powers Act, as amended, have given counties the power by resolution to exercise many regulatory powers, including some long exercised by municipalities. In the case of charter counties, they have the broad power to pass ordinances “relating to purely county affairs, but such ordinances shall not be opposed to the general laws and shall not interfere with the local affairs of any municipality within the limits of such county.” [Tennessee Code Annotated, Section 5-1-211] But the regulatory powers given to all counties appear to have somewhat diminished the distinction between the powers of counties, including charter counties.
Tennessee Code Annotated, Section 5-1-201(12) makes it clear that the duties of the constitutional county officers as prescribed by the general assembly shall not be diminished (but may be increased) under a charter county form of government. But in Jordan v. Knox County, 213 S.W.3d 751 (Tenn. 2006), citing Bailey v. County of Shelby, 188 S.W.3d 539 (2006), the Tennessee Supreme Court reaffirmed that it was not required that a charter county government retain the constitutional officers, that their duties could be transferred to other officers, so long as those duties are performed:
In Bailey, this Court unequivocally concluded that the third paragraph of Article VII is not controlled by its first paragraph [which provides for certain constitutional county officers]. Therefore, the subsection requires that the “duties” which are clearly essential for a complete county government, not be neglected in an alternate form of government; but as this Court ruled over forty years ago in Winter, the duties may be transferred to another county official, so long as the duty is performed. 364 S.W.2d at 790. The decision in Bailey implied that Tennessee Code Annotated section 5-1-210(12) provides that it is only when the charter does not “retain” the constitutional county offices in the alternate form of government that the duties, as already described by our constitution and statute, may not be diminished. The point, of course, is that the offices must first be created under the charter. A comparison of the constitutional terminology and the statutory language compels this interpretation, as does the holding in Bailey. Article VII, [Section 1] paragraph 3 of our constitution grants the power to the counties not to have these officers at all. [At 773-74] [Emphasis is mine.]
Tennessee Charter Counties and Palm Beach County, Fla. Charter
In Tennessee, only Shelby County and Knox County have home rule charter counties. The Shelby County Charter was ratified by the voters of the county on August 2, 1984 and became effective on September 1, 1986. The Knox County charter was approved by referendum on November 8, 1988. That charter became effective beginning September 1, 1990.
MTAS did not do a national search of charter commission reports that include recommendations, the number of charter counties or the number of referendum failures to adopt a charter county. Limited research did indicate that several states’ counties have adopted charter counties and several referendums for adoption of charter Counties have failed. With the exception of Florida, Tennessee and Texas, most other Southeast states do not have charter counties. Florida has 19 charter counties. Oregon has nine (9); Washington and Pennsylvania each have (6); other states having charter counties include, but are not limited to, Michigan, California, Massachusetts, Maryland, Colorado and North Dakota. Los Angeles County in California has a home rule charter county.
A summary of particular charter provisions pertinent to local conditions, preferences, and county control for Knox and Shelby counties in Tennessee and Palm Beach County, Fla., are included below. The Palm Beach County Charter is distinguished by some provisions important to good working relations between the county and its municipalities, such as provisions governing annexation, zoning, service responsibilities, and the resolution of conflicting county and municipal ordinances. Some of those provisions relate to issues governed by state law in Tennessee.
The Knox County, Charter County Provisions:
1. Powers and Functions - The Knox County Government shall exercise any power or perform any function which is not denied by the Constitution of the State of Tennessee. It is the intent of this charter that limitations on the powers of county government shall be strictly construed, and that grants of power to county government shall be liberally construed;
2. The commission shall consist of nine (9) members elected from nine (9) districts, and two (2) members elected at large through county-wide vote. The terms of office are four (4) years;
3. Removal of members of the commission – A member of the commission may be removed from office accordin
I for one feel like I work with a fine group of employees. I believe with all my heart we all try to the best of our abilities to do our job. We work odd hours, holidays and for little pay. We see bad things and deal with all walks of life. We do our jobs because we want to help. We care about our community and we have pride in what we do.
I have read a lot of things on the internet, newspaper ads, mailings, etc. What I see is a lot one sided bashing in the sheriffs race. Reminds me of the old saying about glass houses. Compare each, research, pick up the phone & call. Call & ask questions. Call either department & ask to speak to them. See how you are treated. See who returns your call
The voters have once again chosen their winners!!! Majority rules.Now go away for four years just like the grayville clan and come back to Stewart County in 2018
Anyone that starts their debate by attcking the education of someone they dont even know is part of their own lack of knowledge. This is not the prison system and work programs are for CONVICTED CRIMINALS. no detained prisoner awaiting trial can be made to do any work. so according to Mr Gray we would have 2 people work force Great sound plan!!! Tell me one thug currently working in the sheriffs department. Name thes so called criminals. YOU CANT. check your facts before you show your ignorance
results show who this county trusts in office. period!!!!
Write something about yourself. No need to be fancy, just an overview.