Open , Honest  County Government

PUBLIC SPIRITED CITIZENS of SEVIER COUNTY

“ Liberty and Justice for all”

About Us

Without design and in a rather uncanny manner a group of diverse citizens and taxpayers of Sevier County came together with a common purpose to create an atmosphere wherein the government of Sevier County might be assessed and reformed for the betterment of all citizens of Sevier County.

As our county approaches the 100,000-person population mark, a monopolistic dynasty has become entrenched in the halls of power.  These few control how money is confiscated from taxpayers and dispersed to family members and close friends.   Certain commissioners are shouted down in meetings or downright ignored.  Members of the public wishing to address the commission are rudely interrupted and meetings are abruptly adjourned when the powerbrokers do not want to listen to the concerns of the little people.

Over a period of less than ten months,  this group who had never collaborated with others in the past gradually united with that common thread of interest in the general public and the welfare of each whose voice was either silent or had no voice at all as to representation as those who strongly spoke out were not heard.

 

 P.O. Box 842, Seymour ,TN 37865

E-mail:   admin@publicspiritedcitizens.com

Text Box: JULY 1,2010 UPDATE PUBLIC SPIRITED CITIZENS, in mid-summer approaching August elections, continue on their path to search for a more honest and more transparent local government in Sevier County and State of Tennessee. Our goal remains the same, our determination strong, we press on! As August 31 will soon approach and a new term begins for the Board of Commissioners, there will be some new faces within our local government - Max Watson, Jim Conner, Kenneth Whaley and Charles McGaha will step down from their public service. As incumbents return and others step up to their tasks in these positions there remains, unresolved and still pending, questions relating to the eligibility of specific candidates as defendants to two suits filed by Citizens, now in the federal court. How these matters will be resolved is likely to be determined – sooner than four weeks, perhaps later than six weeks – depending on developments as they unfold. We are learning there is a strong indication of support and interest in the efforts of Citizens coming from outside participants - advocacy in the form of pro bono work - which may be made available to plaintiffs in these matters brought in the interest of all citizens of Sevier County. Citizens seek, welcome and appreciate all types of support, whatever the form may be. Remaining before Judge David R. Duggan, Blount County Circuit Judge, is the issue of Open Meetings Violations under the statutes of the State of Tennessee, this record (at final conclusion) likely will join with the two pending cases before the Court of Appeals, Knoxville. Two cases, consolidated for purpose of appeal, were argued before that panel of judges on May 20, 2010. A ruling could come on these matters soon, as the case heard on the same schedule was decided by Opinion filed June 30. We await our ruling with much anticipation. We will post that decision when it is filed. Citizens continue to urge all taxpayers and citizens of Sevier County to become more involved in their government and to know and appreciate how, where and by whom their tax dollars are applied, to vote at the polls and exercise the rights guaranteed to all under the state and federal constitutions. After two years we proudly account and report that many changes have come about within Sevier County. As noted by the 'feisty' request of Commissioner Warren Hurst in addressing the Chairman, Waters, in Special Session of the Board of Commissioners on Monday June 18th – 'Mr. Chairman this is a special called meeting is it not, I just want to be sure all notices, etc., have been posted of this meeting'? - to which Waters replied 'yes': (We. too, have learned that Hurst's hobby of photography may take on a different practice or approach other than using Citizens as his targets - more shall be reported on Commissioner Hurst's activities) – as, these are just a portion of changes that have been accomplished, the greatest of which resulted in the Court's ruling in support of plaintiffs contentions that properly prepared Minutes of each Committee appointed by the Chairman be maintained and properly filed per statute, as this is where the business of Sevier County is done..........there remains much, additionally, to be accomplished. These accomplishments will be published at a later date when a conclusion of all lawsuits filed by Citizens have been determined, win, lose or draw! A case is pending in the Davidson County Chancery Court requesting access to investigative files of particular agencies relating to local public officials. The outcome of this effort will be reported at a later date. Consequently, Citizens report success, determination and continued activity and persistent effort as they pursue their goals with a total of six law suits in state court, potential three of these suits at minimum to be considered by the appellate court, two currently in federal court: have we been diligent, you bet! Are we pressing on, Yes! We are serious and steadfast about our concerns, we continue on – we are Public Spirited Citizens of Sevier County!

                                                    PUBLIC SPIRITED CITIZENS TARGETED

 

                                             Local Public Officials Target Citizens

 

             Recent filings of court papers filed in Knox County 7th of July, 2010, in the disciplinary matter of Herbert S. Moncier before the Board of Professional Responsibility,  reveal local public officials,  through county-paid attorney defending Larry Waters' interest in suits brought by spirited citizens in past two years,  are now targeted for retaliation and investigation for what they say are libelous and slanderous statements published on the web by some who Bradshaw claims have connections to plaintiffs.  The  five suits filed during past two years  currently  pending  are at Chancery, pending ruling at Court of Appeals and now the Hatch Act/Election Contest suits transferred from Chancery to District Federal Court by defendants.

 

                          PSCSC are NOT connected to SEVIER CORRUPTION!

 

             Sworn affidavits indicate threats have been delivered to counsel for plaintiffs  by Waters' counsel to the effect that 'investigations have been referred to the appropriate agencies and a criminal prosecution is probable'.   Attorney Bradshaw's letter to the domain provider for Sevier Corruption dated  March 20, 2010 directed to the administrator of the site and  a reply returned through the same provider  to Bradshaw, all posted on the site,  stated words to the effect that 'we are not aware of  untruths posted on our domain and if you will contact us at our email address and show us where we have posted untruths, libelous or slanderous comments,  we will be happy to work through this matter', to which no reply was received.

 

                         All clients of Moncier emphatically deny involvement there.

 

        Recent media quoted a county commissioner indirectly threatening suit against plaintiffs intended to recoup legal costs paid Waters' attorney as a result of 'plaintiffs having brought  frivolous actions' against individuals and local officials of government.  Plaintiffs' suits HAVE NOT  been deemed frivolous in one single proceeding and  HAVE NOT been heard on the merits of these issues, but,  have simply been dismissed in part for lack of standing, which is a part of plaintiffs' appeals now awaiting a ruling.

             Plaintiffs suggest those with intent of purpose being to sue plaintiffs in retaliation for seeking redress for wrong doing committed by public officials or as individuals consider the provisions of the federal SLAPP Act first; secondly, these persons must first review who is receiving the benefit from costs expended on a contractual basis benefiting the Mayor, Waters, in his defense of his own interest and those individuals named as defendants  in the Hatch Act suit who appear on the May 4 and August 5 ballot,  certified as individual candidates being illegally represented by county-paid attorney whether they be incumbent or county employee.  The county's taxpayers have no obligation to fund legal representation by individuals seeking office.

             Court records, in every case brought by plaintiffs, reflect

county-paid legal representation furnished to private citizens sued in their individual capacity as well as individuals sued in their official capacity, whether it is the suit for certiorari, violations of open meetings,  or the constitutional question and ouster of Waters.  Isn't it about time taxpayers stop this waste of money?        Rhonda L. Bradshaw has made an appearance in two cases now transferred to federal court on behalf of *ALL  defendants who are on the ballot as INCUMBENTS,   currently sit as public officials -  at the cost of taxpayers;  yet,  she filed no answers nor made  no appearances for three county employees, two of whom were successful in their race May 4; yet they remain unrepresented defendants in both cases. 

 

             Where, why and how does the county (LEGALLY) owe these citizen (incumbents seeking office) free legal representation whom currently hold the purse strings indirectly in their support of Waters,  whom wheel and deal as they please  in deference to other candidates who are merely COUNTY EMPLOYEES?

 

              There is no legal authority for such representation, so,  why would concerned citizens tolerate or allow such?

 

             Shall Public Spirited Citizens stand up for you and demand your taxpayers funds be protected and such expenditures disallowed, or, what will your position be in this matter?

 

             Taxpayers can sit back and await the outcome, or,  you can opt to support these spirited citizens who take action by making your contribution to Public Spirited Citizens NOW  at any branch of SEVIER COUNTY BANK   –   'after all,  isn't it your money'?

Those Public Spirited Citizens do Good Work.....................

                 Amidst the many negative articles published in Sevier County about those wacko citizens – those nosy intruding people credited with coming 'from far left field' by one mouthy commissioner always ready to speak his disdain – from their many efforts to redress wrongs, despite the court having stopped them in their tracks, they have been busy doing many other things not generally known to the public.

                 The Mountain Press addressed in full detail developments in June 2008 surrounding the theft from the public funds of the General Sessions Clerk's office which had taken place five years earlier.  This resulted in the clerk's audits showing her office was 'short' of more than $16K from the time Connie Holt had taken office. In fact the theft occurred in 2003 before her term began.  The former clerk having resigned in 2004, this was left for some other to deal with, the Circuit Court Clerk had the responsibility of that office until 2004, the year the theft actually surfaced and as was found by county auditors.

                 Alfred C. Schmutzer, II retired in 2006 leaving this matter unattended  and unresolved, and like Schmutzer his successor James Bruce Dunn upon his election to the Office of District Attorney General moved into the top-notch position from that of his assistant, yet not so ready to take the reigns when it came to this prosecution.  A review of the record here does not reflect how it came to be that neither of these seasoned prosecutors stepped up to their task – we see that at some point an indictment led to the prosecution of a former employee and sister to the office holder who presumed no responsibility for her office prior to retirement – finally was prosecuted by Berkley Bell, DA of Greene County whereby a Memorandum Order was approved by Circuit Judge Richard Baumgartner of Knox County.  Noticeable is the fact that all local Circuit Judges (apparently) recused themselves or otherwise failed to participate in this matter.

                 Citizens learned in May 2010, having flagged the story by the press, that less than one-sixteenth of the monetary amount ordered  as restitution to Sevier County and the Sessions Court had been paid.  Additionally, seeing  in addition thereto other provisions from and upon  which diversion had been granted -  some of which were  200 hours of community service, court costs and  the full restitution as set out in the order and a period of probation  -  a serious question arose as to whether compliance was ever really intended.  The question of probation status was not shown by the record, from all of which the matter was taken up by citizens.

                 Consequently, through their efforts and that of counsel for Citizens, this matter was called to the attention of the prosecution and all parties concerned.  As a result thereof, the General Sessions Clerk eventually will have a clean record.  This has been confirmed in writing by the Division of County Audit, Comptroller's Office, in that eleven payments were made to the Circuit Court as ordered but since the filing of their last audit report.  Although restitution was not timely made it has now been made, compliance as to the restitution has been met.. 

                 Citizens consider their efforts rewarding and a positive move on behalf of county taxpayers and citizens.  While all of the actions taken by various citizen realtor/plaintiffs, including those pending suits relative to The Hatch Act and Contest of Election,   have been deemed by outspoken individuals vocally making their push for retaliation toward these individuals for litigation costs paid by the county as one which should be considered.  This accomplishment in the recovery of this theft restitution might be claimed appropriately as an offset should that be the case, a thought which comes to mind.   Letter written May 18, 2010 is on Mr. Monciers’ page.