A conflict of Interest Complaint was filed with the Sevier County Ethics Committee November 20th of 2007 by James J. Wilson of Sevierville.
The complaint alleges that Mr. David Taylor, appointed to serve a five year term on the Sevier County Board of Zoning Appeals (BZA.) contends there is a conflict of interest.
The complaint states that Mr. Taylor is employed as an engineer with Vision Engineering and Development Services, Inc., a local engineering firm that has frequent matters before the BZA.
It goes on to say, it is a conflict of interest for Mr. Taylor to place himself in a position to consider and vote on matters that his employer has before the board and especially since Mr. Taylor recently was elected to be the chairman of the BZA.
The complaint even goes further into the conflict by stating; This appointment also does not meet the minimum code of ethics and conduct that the National Association of Counties (NACO) requires of its members. Further, I contend that Mr. Taylor should have known his appointment to sit on the BZA would place his judgment and subsequent votes into question. He, therefore, should not have accepted the nomination. It is NOT sufficient for Mr. Taylor to simply recue himself from a potential vote concerning Vision Engineering Company; his votes on matters concerning potential (Vision) competitors can not be considered impartial. It is further stated that Mr. Taylor’s employer, Vision Engineering and Development Services, Inc, should have objected to him accepting the BZA position. They should have known that such an appointment to the BZA by one of its employees places the entire company in the very precarious position of being viewed as having gained an unfair competitive advantage. The increase in negative publicity and legal liability should be of concern to the company.
According to the complaint letter, Mr. Taylor’s appointment to the BZA should be found to be unethical by this Committee and the appointment should be rescinded. To restore the public trust, Mayor Waters should appoint another person; one who does not stand to gain by his/her vote. It is the ethical thing to do. Public trust is severely eroded when conflicts of interest of this nature go unchallenged by the public or are simply glossed over.
Following this complaint and others, the county commission addressed these issues at the December meeting. Some members of the Ethics Committee along with the county attorney, Jerry McCarter, expressed concerns that the high number complaints referred to as "frivolous" complaints will hurt their ability to pursue real issues.
The concern comes from two individuals filing eight complaints between them.
After much discussion A motion by committee member and County Commissioner Phil King was made during December’s meeting to make the committee's meetings quarterly rather than monthly. This motion was unanimously supported by the other commissioners.
Many in the audience were shocked at this move. Some were heard commenting that this wipes out everything the Ethics Committee is about.
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User Comments
This information regarding Mr. Wilson's complainant filed before the Ethics Committee in November has been forwarded today to the Omsbudsman designated on the webpage of the Comptroller, State of Tennessee - Ann Butterworth.
The purpose of her appointment is to serve the citizens of counties in the State of Tennessee, as well as the public officials, in dealing with matters of concern, for which there are many and for which complaints have been filed in this county relating to various violations of conflict of interest, violations of open meeting and sunshine laws, acts of cronyism and nepotism.
Also filed are requests to establish proper guidelines for gifts, personnel policies to prevent conflicts of interest, cronyism and nepotism; most having been arbitrarily dismissed, completely ignored and not acted on, and of course those where the Ethics Committee members are incompetent to act on as complaints are lodged against members themselves.
Of most serious issues with which the citizens are faced are those which a competent Ethics Committee could not resolve without a thorough investigations on these issues by the Audit Division, the TBI or the FBI,and,
the situation wll grow only worse.
Unless the Board of Commissioner reconsider revamping, replacing, redoing and recalling any authority delegated to this Ethics Committee no progress is possible. It is doubtful that the Commission can really undo what they have done - unless absolute sheer
incompetence can be replaced with absolute clear competence - unless a committee is empowered with subpoena power to investigate an issue their incompetence may be explained away - we cannot expect more of these indviduals, of the committee as a group, than they are capable and competent to perform?
Ann Butterworth has been requested to use her office and credentials to intercede,
advise or influence within the scope of her power and authority, whatever that may be, toward a resolution of these problems and if possible to create an atmosphere whereby the proper investigations are carried forward by any agency to which we may appeal, either through Audit, the TBI or FBI.
If you're content with the situation at hand, then sit tight, watch and criticise; if, however, you have the moral grit and fortitude to try making some changes and creating a different atmosphere in this county, then stand up and put your foot forward in the direction you feel the county should go and achieve a better government to which you feel our citizens deserve.
We don't deserve what we have, but we deserve what we get, don't forget that!
I have always been an advocate for fair representation.
I am the person who filed a request for Sevier County to establish a policy that addresses nepotism and cronyism. My county commissioner threatened me by saying that my request was going to put the mountain and hillsides protection guidelines at risk. I believe his comment was that I make commissioners angry by asking questions.
I'm the person who presented a set of guidelines to the county two years ago (at no cost to the taxpayers) that would prevent clear cutting, establish landscape guidelines and protect us from eyesores like Legacy Mountain and the Preserve in Wears Valley. I'm the person who sent Mayor Waters over 15 different sets of guidelines from all over the country from counties who took a proactive stance and addressed concerns before they became problems.
I am the person who has asked for Sevier County to not reinvent the wheel but to utilize NACO resources (we pay annual dues to them for their assistance and advice). Sevier County doesn't follow any of NACO guidelines. They follow their own unwritten rules.
I have never heard one word about my ethics requests. Mayor Waters has yet to move forward with nepotism policies or generally accepted Human Resources practices that a majority of communities in the United States have put into place. A centralized accounting system will eliminate 99% of the questionable spending that takes place in Sevier County. Mayor Waters can give our tax money away to charities of his choosing but, he refuses to put a system of checks and balances in place.
Of course he doesn’t want checks in place. That might interfere with the county paying his wife for her printing services (Crescent Printing).
Mayor Waters told me last week that the buck doesn't stop at his office.
Yes, John A. Meyers has been steadfast, as well as his wife, Mrs. Meyers in taking a stand on ethical issues and other problems, bringing them to the attention of all those who will listen. The problem is, those in a position to act with authority and who comprise the government of this county, the Board of Commissioners, who do not wish to hear and are blatant in their behavior as when matters come before them no credit is given for these efforts.
The herd mentality by which these officials operate is in part responsible for this situation, the 'process' is a hugh factor, lack of integrity and qualifications sum up a great part of the 'condition' which ails them. They do not consider themselves as a detriment to the county, each might assess themselves from a serious and realistic point of view and see themselves as they are seen.
What one individual would envy their position, as one smart feller or gal is helpless when attempting to bring up subjects for discussion and reform - some ask 'why do we need to discuss these matters', Mr. Commissioner you know who you are! If you were so hungry you didn't have the tme to devote to the business for which you came to discuss, you need to have the little lady pack you a snack.
Whether or not one should be singled out and questioned might be a question of 'tact' or lack thereof, but the problem here is, this person wouldn't remember why this is being asked nor would they understand the reason behind it.
About one-half of this group needs replacing, one fourth of the remainder needs reprimanding and brought to task, and the remaining one fourth needs our Prayers.
I don't envy a single one of these Commissioners, who does?
A little more than two years from now you will be faced with the question, can you do a better job than is being done in your representation at local government level, are you proud or embarassed by what you see, are you comfortable that your welfare
is protected and secured by
the action or inaction that you see taken?
I have never claimed to be a 'politician' as I have always seen it as the 'good ole boys' game', comprised mostly of those out to favor themselves other than the general public, an opportunity to fill one's pocket at others' expense - but, never in my life have I known or seen a situation with which we are dealing today, despite the reputation of this county over many years. It may be the same the world over, but we can begin to change the caliber of those we choose if they are to be found - WHERE ARE YOU?
This article stops in the middle of a sentence - where is the rest of the story??
I was at the December Commission meeting, which was preceeded by the Ethics Commission Meeting. I believe the Minutes of this meeting will not reflect the full commission adressing any issues relative to complaints filed, perhaps this is in error?
I sat and waited for the Ethics Committee, perhaps while still in the building,
to have their Chairman or Secretary to step forward and inform the members of their action, if any - that did not come forward, The January meeting is absent of any report, as it was originally postponed due to the MLK Holiday. The February meeting, as the Minutes will reflect, makes no reference to any action, or inaction, taken by the Ethics Committee,
despite the fact that they 'appear' to a standing committee, though sitting their Butts and doing nothing!
We will wait to see what reports, if any and when, are made. Perhaps the Editor can reassess the status of any reporting or the issues addressed by the full commission at any time as most are unaware that any follow-up has been made by the Steering Committee, the Mayor or the full Commission.
Although expectations are higher than this Committee has the ability to perform, I suppose it is difficult to prove a negative - so, if nothing is done then nothing can be reported,if their actions are embarrassing to them, it is understandable they would lay low.
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