We have already opined here on February 21, 2015 about the lawsuit by County Clerk Foster Arnett. But, to help he and his Attorney out, we offer you and he the Knox County, TN Code regarding Moderate change of use of county property (italic print) which is not what Foster (cough, cough) is asking. Additionally, we offer the Knox County Code for the Substantial changes of use of county print (bold print) which is what Foster is (cough, cough) is asking
Article XI COUNTY PROPERTY
Sec. 2-883 Moderate changes of use
Prior to any moderate change of use of county property, the elected official or department head who seeks the change of use must obtain approval for such change, in writing, from the county executive (Mayor) or his designee.
(1) No such authorization shall be given by the county executive (mayor) or his designee unless the county executive or his designee first certifies in writing the following.
a. That the proposed change of use meets all standards and regulations promulgated pursuant to the Americans with Disabilities Act;
b. That the proposed change in use meets all county building code regulations;
c. That funding sufficient for the up-keep and maintenance of the change of use is available; and
d. That the plans for the change of use have been reviewed and approved by the county architect.
(2) The county executive (Mayor), at his discretion and in lieu of his approval or denial pf the request, may instead forward the request for the change of use to the county commission. If the county executive (mayor) so forwards the request, the office of the county commission shall place the request for approval on the agenda of the next regularly scheduled agenda committee meeting, whereupon it will be forwarded to the appropriate subcommittee prior to hearing by the full county commission. If the county commission is requested to approve a proposed moderate change of use of county property, it shall rely upon the criteria for approval contained in subsection (1) of this section in making its decision.
(3) If the elected official or department head seeking the moderate change of use is aggrieved by a negative decision of the county executive (mayor) or designee , he shall be entitled to appeal that decision to the county commission. Any such appeal shall be submitted in writing to the office of the county commission within 30 days of the date of the negative decision by the county executive or his designee. Upon receipt of such appeal, the office of the county commission shall place the matter on the agenda of of the next regularly scheduled agenda committee meeting, whereupon it will be referred to the appropriate subcommittees prior to a full hearing by the county commission. If the county commission is requested to approve a proposed moderate change of use of county property, it shall rely upon the criteria for approval in subsections (1) of this section in making its decision. Any decision by the county commission of this appeal is final. (Ord. Mo. )-96-1-101, 2, 2-96-96)
Sec. 2-884. Substantial change of use.
Any elected official or department head seeking a substantial change of use of county property shall seek approval of the county commission prior to undertaking such substantial change of use. The elected official or department head seeking such substantial change shall submit the request, in writing, to the office of the county commission, which shall place the request on the agenda of the next regularly scheduled agenda committee meeting, whereupon it shall be referred to the appropriate subcommittee for consideration prior to hearing by the full county commission. If the county commission is requested to approve a proposed substantial change of use of county property, it shall rely upon the criteria for approval contained in subsection 2-883(a) in making its decision. Any substantial change of use shall be final. (Ord. No. O-96-1-101, 3, 2-26-96)
Instead of asking a Judge, he must submit his request to County Commission and their decision is final. As County Clerk, he acts as the Secretary of the County Commission. How did he miss this? Violating the County Code is an act that could result in a removal, ouster, recall election from office.
The sooner we can get rid of this horses a$$ the better off Knox County will be. You would think he would know the rules. He was recently bragging about how many times he had visited the satellite offices. Isn’t that what we pay him over 100k for?