2 Complaints Filed By Citizens Against Veteran Council Member
posted August 28, 2007
) Photo by John Wilson Marti Rutherford listens to City Attorney Randy Nelson |
The complaints allege that Ms. Rutherford has been living outside the District 6 that she represents.
Ms. Rutherford on Tuesday night read a statement in which she said she is not aware of any law she violated, and she said she is "eager to continue my vigorous representation of the citizens of my district, District 6."
She said other council members had been aware of her residency situation. But Councilman Manny Rico said he was not. He said, "I didn't know where you live and I still don't know where you live." Council members Linda Bennett and Jack Benson also said they did not facts on her residency.
A large group of Rutherford supporters was at the meeting, and former City Judge Walter Williams said he is "behind Marti Rutherford 100 percent." Judge Williams called her "a councilwoman extraordinaire," saying "she has always been there for the people of her district." He said in an earlier election he advised city officials that a candidate for city office did not live in the city. He said the candidate ran and won the seat.
City Attorney Randy Nelson on Tuesday afternoon read to council members sections of the law dealing with residency and on possible removal of a council member from office.
Councilman Rico moved for a delay to give the city attorney more time to study the complaints - one by community activist Floyd Kilpatrick of District 9 and another by 17 citizens of District 6.
Mr. Kilpatrick at the regular council meeting asked that Ms. Rutherford be "suspended" from her council seat until the probe is over.
He said he was making the request "because of her reputation for being retaliatory and vindictive against those who cross her."
Mr. Kilpatrick said he did not want Ms. Rutherford "using her office and its resources in that way."
He told the council, "There has been concerns expressed from residents in her district that she may seek to retaliate against certain individuals and business interests within her district. It has also been expressed that Ms. Rutherford has a reputation for using the Chattanooga Police to harass and intimidate local residents."
Rutherford supporters laughed at the latter remark, and the council took no action on the Kilpatrick request.
City Attorney Nelson began his presentation by saying he had not seen any formal complaints. He was then handed the two complaints by Councilman Jack Benson, who heads the legal and legislative committee.
Attorney Nelson said he is given the duty of removing a council member who has "knowingly or willfully committed misconduct while in office."
He said the council can get involved in such a probe under certain circumstances, and he said it would be up to the remaining council members to replace Ms. Rutherford should she lose her seat.
He said one option would be to file a declaratory judgment lawsuit in Chancery or Circuit Court and let a judge rule on the residency issue.
Attorney Nelson said a council member must be a resident of the district he or she is running for at least a year prior to the election and must continue to reside in that district.
He said giving a false affidavit when running for office is a Class E felony. Mr. Kilpatrick said he wants the council to look into whether Ms. Rutherford gave such a false affidavit.
Attorney Nelson said the law states that a person's habitation is that place that when they are absent that is where they plan to return.
He said a business address cannot be used, and "there can only be one residence." He said "intending" to establish a residence at a certain location is not sufficient.
Ms. Rutherford said in her prepared statement, "First, I wish to thank all the people who have supported me throughout the years and especially those who stand with me tonight.
"In 2004 I was urged to seek re-election to the City Council having served two terms on the council from 1993-2001. After much consideration, I decided that I could do more for District 6 as a councilperson than I could as a private citizen. Because my home precinct had been gerrymandered during the re-districting, I sought legal advice regarding my residence. In 2004 and today, upon advice of counsel, I remain convinced that 3442 B Alta Vista is my legal residence and has been since November, 2003.
"My opponent in the recent election tried unsuccessfully to make my residency an issue in the campaign. When Channel 3 interviewed early voters at the Brainerd Recreational Center, they all wanted a smart, experienced, hard working person elected to represent them, and they knew I was the right person. I won with over 65% of the vote.
"After the election, the mayor, my colleagues on the council, the council staff, some members of the mayor’s staff and the city attorney knew the situation.
"No one will ever convince me that elected and appointed officials would stand by idly while I violated any laws or the Chattanooga charter. The people, with whom I serve, including the mayor and the attorney for the City Council, only want what is best for this city, and they respect the position of councilperson too much to allow my residency to go unchallenged if they had had any reason to be concerned.
"Again, I thank everyone who has supported me, while a handful of agitators with their own agendas have created their 15 minutes of fame. I especially thank my colleagues and the council staff for their support and understanding, and I sincerely regret any embarrassment this situation may have caused. I am eager to continue my vigorous representation of the citizens of my district, District 6.
"Any future questions about my residency should be addressed to my attorney, John Anderson of Grant, Konvalinka and Harrison."
Ms. Rutherford has a residence at 308 Hemphill Ave., which is in Councilman Duke Franklin's District 5.
She said earlier she has a "mother-in law apartment" on Alta Vista Drive, within the District 6 she was elected to represent. She said a mother-in-law apartment is a room rented within a house.
Ms. Rutherford is registered to vote under the Alta Vista address in District 6.
Election officials said she later changed her registration from Hemphill to Alta Vista and now votes in the Sunnyside precinct in District 6.
She registered to vote at the Hemphill Avenue residence in 1969. She moved her voter registration to North Chattanooga in July 1976, then back to Hemphill in 1977 - then to Alta Vista in 2006.
Ms. Rutherford has been conferring with her attorney, John Anderson, on the issue. He was at the Tuesday meeting.
Ms. Rutherford had no comment during the meeting.
Attorney Anderson said afterwards that Ms. Rutherford has her driver's license and voter registration at the Alta Vista address.
He said she has a "rental agreement" with the owner of the Alta Vista property, William R. "Rusty" Scott.
At the council meeting, Joan Flores of District 6 said Ms. Rutherford, who is a realtor, in the Multiple Listing Service has phone listings "that clearly show she has a second home and a second phone number."
Those signing the complaint from 17 District 6 residents were Al C. Hargis, Dorothy Hargis, Wendi L. James, Tim James, Robert T. Nash, Kim Nash, Lynn Hanges, Carolyn L. Michaud, Alan Richelson, Candice Corneliussen, Allyson Neal, Timothy H. Neal, Julie Chamberlain, Kim Chamberlain, Cassidy Sullivan, James Sullivan and Doris Pace.
A complaint filed by the Service Employees International Union Local 205 says votes cast by Ms. Rutherford are invalid, including the passage of the city budget.
The union complaint says, "It is clear that the budget has not been approved by an affirmative majority of the council members. The budget, therefore, has never been legally adopted and cannot be implemented by the city."
) Photo by John Wilson Floyd Kilpatrick and Johnny Holloway |
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