To Study Legal Cases, Reconvene Next Tuesday
posted January 8, 2008
The City Council on Tuesday delayed action on whether or not to seek reimbursement from former District 6 Councilwoman Marti Rutherford.
The delay came after City Attorney Randy Nelson asked council members to study several legal cases dealing with the topic. He handed out a packet of the cases to council members.
He said the state attorney general's office, in ruling that the city could pursue the return of some $50,000 paid Ms. Rutherford while she was actually living in District 5, cited only a single case - a 1952 Tennessee Supreme Court decision. Mr. Nelson said he found a number of other legal decisions on the subject.
He said, "It appears to me a number of other cases need to be considered. All of these cases are pertinent. As attorneys, you make sure the court is apprised of both sides of an issue."
City Council Chairman Dan Page said, "We need to know if we have legal standing to seek the reimbursement. Then we need to decide do we even want to."
Councilman Jack Benson said, "We need to look at what is the responsible and right thing to do. He said issues such as "equal enforcement of the law" need to be considered.
He said, "Somebody has got to enforce these election laws. I don't know if it falls on the City Council."
Attorney Nelson said if someone serves a district while living elsewhere they are subject to committing a felony and "going to jail."
He said one issue is whether a person who lives outside their district violated their election oath.
He also said that a losing candidate can bring an election challenge.
Mr. Nelson said he recently learned that a losing candidate had brought up the residency issue in Ms. Rutherford's last race. But no official legal challenge was filed by Julie Chamberlain, who lost to Ms. Rutherford.
Councilman Manny Rico said that issue "was brought up in the election, then she got through it. I thought she had found some loophole or something."
He said, "Now definitely I don't think someone can get away with it after all we have gone through on this."
Councilman Leamon Pierce said the Election Commission "can be put on notice" about someone living outside their district, "yet they don't act."
He said he advised election officials that a candidate running against him did not live in District 8, but he said nothing was done about it.
The council will take up the topic again next Tuesday at 3 p.m.
| Dining Out | Business | Movies | Focus | About Us |
| Church | Living Well | Memories | Outdoors | Real Estate | Student Scene | Travel |