If a Signal Mountain resident contacts a town council member about a problem, it’s perfectly reasonable for the lone politician to try to get the problem corrected, council members were told during an orientation session.
However, town attorney Phil Noblett told them, there’s a right way, and a wrong way, to go about that – and the wrong way can lead to serious and unintended consequences.
Knox County officials learned that the hard way, the lawyer said, after they ignored Tennessee open records laws when making appointments, and found themselves hauled into court as a result.
The judge hearing the case conducted an in-depth investigation into when and where secret discussions between the county officials regarding the appointments took place, Mr.
Noblett explained.
“He made them tell things like who they talked to and what they talked about at places like Rotary meetings,” he continued.
New council member Dr. Robert Spalding – noting that he “likes these guys and would like to be able to talk to them for the next four years” – asked whether that meant the only time he could talk to other council members was during public meetings.
No, Mr. Noblett said. Two council members can have lunch together, for example, and one of them can even mention to the other that he has been getting phone calls about a particular issue and he thinks the council ought to take a look at it.
However, he added, if one council member tells the other what he thinks should be done – “I think we need to put a stop to that,” for example – that qualifies as deliberations “and that’s where we start to get into trouble.”
Years ago, council members learned during the orientation, Signal Mountain had a commission form of government in which individual commissioners served as administrative heads of particular departments such as public works or fire and police.
As the town grew and it became clear that part-time commissioners could no longer handle those responsibilities, the town switched to a council-town manager form of government and individual council members no longer were empowered to handle day-to-day decisions and management.
During the orientation session, Town Manager Boyd Veal explained the importance of council members following correct procedures while carrying out their duties.
“I need all the direction I can get,” he explained, “but I need that from the council as a body.”
His job, he said, is to carry out the wishes of the majority of the council. Whether the vote is 5-0, or 4-1, or 3-2 makes no difference, he said – the majority rules.
Consequently, he said, when an individual member of the council believes the town should take some action, he should ask that it be put on the agenda of the next council meeting.
Whatever decision the council subsequently makes, he will then carry it out, the town manager explained.
He also asked that individual council members not ask town employees to take actions – clear a particular street of snow during a winter storm, for example – that have not been approved by a majority of the body.
That could be confusing to employees, Mr. Veal said, particularly since his management style is not to give orders but to simply let employees know when he wants something done. Employees understand that is a sort of mandate, he said, and they do the job.
If a council member told an employee he wanted something done, the town manager said, the employee might not understand that individual council members cannot instruct town workers on what they should and should not do and feel obligated to try to carry out the council member’s wishes.