If you have followed the drama that is the Knox County Term Limits issue and the TN Supreme Court decision. The correct legal argument is that the term limits apply to every position written in the Home Rule Charter. Those positions are: County Executive (Mayor), County Commission, Knox County Law Director and the Knox County School Board.
Herb Moncier has argued that the Sheriff is written in the Charter, he is legally incorrect, in that the Sheriff’s mention is vague and not clear. The Charter does not speak to the Sheriff’s duties or qualifications. The Property Assessor is the only other position mentioned in the Charter, that is to say that 4 school board members will stand for election at the same time as the Property Assessor.
No other position in County Government is in the Charter, thus the referendum will apply to only these positions.
In May 2006 there are 5 school board seats up for grabs. The 1st district held by Sam Anderson, 4th held by Dan Murphy, 6th held by Chuck James (he is running for election to the County Commission), 7th held by Diane Dozier and the 9th district held by my friend Robert Bratton.
Now in the 4th and 9th both of these gentlemen were elected in 2002 and are eligible for another 4 years, the 6th will be occupied by the districts choice of Thomas Deakins, Fred Dillon or Lee Martin. However, in the 1st and 7th these incumbents are clearly term-limited. Diane Dozier is being challenged by Rex Stooksbury and Joyce Collins, if she were to win as a term-limited incumbent either of them would have standing to file a legal challenge to have her removed from the ballot. No one is challenging Sam Anderson at this time, so no one would have legal standing to file suit to contest his ability to be on the general election ballot.
It is believed, by legal experts, that if either is sworn into office on September 1, 2006 an ouster suit could and would be filed and they would be removed from office. The School Board being a non partisan elected position would provide that any vacancy occurring before or after September 1 would be filled by the Knox County Commission.
