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Marti Rutherford Stepping Down From Council Post

Remaining City County Members To Name Replacement

Monday, October 01, 2007

Embattled City Councilwoman Marti Rutherford announced Monday afternoon that she has decided to step down from her council post.

At a press conference at Eastgate Town Center, Ms. Rutherford said she decided late last week "I didn't want to put the city through any more turmoil than it has already been through."

She said she will continue to meet with neighborhood groups and work on 4-5 projects "that are dear to my heart." Ms. Rutherford said, "I will keep on doing everything I am doing now except go to the meetings."

She hinted that she may run again, saying, "I hope to see all of you very soon making another announcement."

She said, "You won't get rid of me. I don't know if I will run for elected office again, but I will be around."

Ms. Rutherford had faced both an ouster petition filed by City Attorney Randy Nelson as well as charges against her lodged by her fellow council members on the issue of her residency.

It will be up to the remaining eight council members to name her replacement.

Councilman Jack Benson said it is expected that applications will be taken for about a week's time, then the council will choose from those who apply.

He noted that the council chose a "caretaker" the last time there was a vacancy - when Yusuf Hakeem took a state post and resigned from the council.

Julie Chamberlain, who lost in the last election to Ms. Rutherford, is one candidate.

Councilman Benson said another name mentioned is Alan Richelson, who was one of those signing a complaint against Ms. Rutherford.

Councilman Benson said, "I am happy that this is coming to an end. It will save the city the expense of protracted lawsuits and it will save her the anguish of going through it.

"This is the most honorable thing for her to do. And it removes a distraction from carrying out the city's business."

Ms. Rutherford, long a fixture in local politics, said, "This has been a very difficult couple of months. It made me do a lot of thinking."

She said former Sen. Howard Baker told her more than 40 years ago that "people who do nothing are loved by everyone. People who lead and do things make enemies."

Ms. Rutherford said, "I know I have more friends than enemies."

She said she spoke with Council Chairman Dan Page earlier Monday and tendered her resignation. She said he "was sad to receive it, but also pleased that this nightmare is behind us."

Ms. Rutherford said, "I love this city. I am Brainerd. I don't think anyone can deny that."

She said, "I could live anywhere. I've thought about moving to Charleston, and I've spent a lot of time at Long Boat Key, but I love it here."

She said she has "two homes" and she said she spends time at both. She said she has her longtime residence on Hemphill Avenue as well as an apartment on South Sweetbriar. She said she formerly had a unit on Alta Vista, "because the news media drove my landlord crazy."

She said she had contended that the apartments in District 6 "were my legal residence."

She noted that she is single and said, "My constituents really are my extended family."

Asked if she thought she would face criminal charges for allegedly giving a false oath at the election office, she said, "Goodness no."

Asked what she will be doing on Tuesday night when the City Council is meeting, she said, "I'm going out and party."

She said she plans to dismiss a lawsuit she filed in Circuit Court seeking to keep her post. A petition filed by attorney Nelson in Chancery Court is also expected to be dropped.

Manny Rico was the only City Council member to attend the press conference.
He said, "It's a sad day, but she did the right thing. "

He said, "Marti was Marti. You knew where she stood. But I always worked well with her and I thought she brought a lot to the table."

He said Ms. Rutherford "believed she was right and that's why she kept hanging in there."

On residency rules, "Councilman Rico said, "Some things might have been allowed in the past, but we need to tighten up and do it right."

Ms. Rutherford's Hemphill Avenue house at one time was in District 6 and Ms. Rutherford was its representative. She was away from the council for four years when she had an unsuccessful run for mayor. During that time, Hemphill Avenue was shifted to District 5, whose council member is John "Duke" Franklin.

Ms. Rutherford ran for the District 6 post and won, while retaining the house on Hemphill. When questioned about the residency recently, she said she had a "mother-in-law apartment" on Alta Vista in District 6.

City Attorney Nelson carried out an investigation and said he concluded Ms. Rutherford was not a valid resident of District 6 and should be removed from the council.

Attorney Stuart James, who represented some District 6 citizens who sought to have Ms. Rutherford removed from the council, said, "On behalf of my clients, I would like to thank them for being brave enough to be in the forefront by expressing a willingness to join in the legal proceedings pending in the Hamilton County courts. They stood up for the rights of voters in District 6. They stood up to restore integrity to the election process.

"Our clients had the courage to stand up for what they believed was right, to stand up for the individual voter. Today Ms. Rutherford did what was right by resigning her position on the City Council.

"We commend Ms. Rutherford in making a wise decision that will improve city government, and that called into light the importance of abiding by the law when you are seeking office.

"Ms. Rutherford took a giant step in restoring the integrity of the vote in Hamilton County/Chattanooga.

"We hope that Ms. Rutherford and the city are able to dismiss the respective lawsuits now that she has resigned from the City Council. If those lawsuits are dismissed, the motions filed on behalf of our clients will no longer be necessary. A dismissal of both claims will allow the people of District 6, and the people of Chattanooga, to move forward in accomplishing the business of the people of this great city."



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