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PUBLIC SPIRITED CITIZENS of SEVIER COUNTY |
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The U.S Constitution, Mere Words? |
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Jim Conner, Commissioner, spent some time today (following commission meeting last night at the courthouse) with Larry Waters, Mayor, relevant to the question of banning guns in the courthouse and the method by which it was handled. I have argued the full commission never considered the matter and it has not! This arises from Commissioner Max Watson asking in full session if/when the Commission voted on banning guns. To this Waters replied ‘the Intergovernmental Committee banned guns’ – ‘sue me’! The Statutes *according to Waters’ argument, ‘designate the sheriff as being responsible for the courthouse except by action, otherwise take, by the Board of Commissioners in appointing another in his place’ which is the argument of Waters – that that was done about fourteen years ago and Waters was designated in charge of the courthouse. Consequently, ‘he signed off on the recommendation and even had the sheriff sign off’ when the Intergovernmental Committee was given the task of making this decision (supposedly have minutes to support such action), made their report/recommendation to the full commission and the task was completed. Nothing other transpired than the posting of the notice on the entrance doors, which shows the TCA cite authorizing such. (Chapter 39). Note here: The legal opinion forwarded to Brad Lowe in letter by H. Dennis Jarvis, Attorney for the City of Sevierville Police Department, as a TCA cite, is the law (unless and with exception to the provision that the Board of Commissioners may have designated another person) being responsible for the courthouse. The Sevierville Police could not justifiably or argue it was improper for them to make an incident report for fear of ‘stepping on the toes of the sheriff, he having jurisdiction of the courthouse’. .As to their refusal to respond in preparation of an incident report relative to the slapping of Brad Lowe by the sheriff at the courthouse on March 17, 2008. will not stand. With reference to the authority by which the Board of Commission designates one other than the sheriff to control the courthouse, in preference to general state law, TCA. 5 - 7-108 is cited as the authority that supports all this. 5-7-108. Courthouse — Sheriff's power and duties. — a) (1) The sheriff has charge of the courthouse, unless some other person is specially appointed by the county legislative body for that purpose, and shall prevent trespasses, exclude intruders, and keep it and the grounds attached thereto in order, reporting from time to time the repairs required, and the expense, to the county legislative body. (2) Beginning July 1, 2008, deputy sheriffs newly assigned to courts pursuant to §§ 8-8-201(a)(2)(A), 16-15-715, and 37-1-213 shall participate in forty (40) hours of basic training in courthouse security within twelve (12) months of assignment to that duty. Every year thereafter the deputies shall participate in a minimum of sixteen (16) hours of training specific to courthouse security that has been approved by the peace officers standards and training commission. (b) It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom while such county legislative body is in session. [Code 1858, § 413; Shan., § 505; Code 1932, § 757; Acts 1961, ch. 244, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-708; Acts 2008, ch. 1152, § 1.] |
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Alive & Well Brad Lowe’s law suit against some Sevier County officials for the episode of physical contact (slap) that took place in the commission meeting room and denying his civil rights, IS Alive and Well. |
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Posted Feb. 7th 2011 |