Why So Much Foot Dragging By The County Ethics Committee
Why does it take action from a private citizen to get the Giles County Ethics Committee to organize and act on one of the most severe and notorious ethics violations in recent times?
These are some important requirements of the Ethics Legislation adopted by the state in 2006
1 Local ethics policies must be adopted by the county legislative body in each county by June 30, 2007.
2 The policies are required to cover two things: (1) disclosure and/or limits on gifts and (2) disclosure of conflict of interests.
3 The policies cannot include personnel, employment, or operational regulations of local government offices.
4 The policies apply broadly to all officials and employees in all offices, agencies, and departments of the county and to the members, officers, and employees of all boards, commissions, authorities, corporations, or other instrumentalities of a county.
5 CTAS is required to draft and distribute a model policy to counties to provide guidance and direction. The county may choose to adopt the model or draft standards of its own.
6 The policies are led with the State Ethics Commission. If the county adopts the CTAS model policy, then, instead of ling the policy, the county simply notifies the State Ethics Commission in writing that the county adopted the CTAS model policy.
7 Enforcement remains as provided under current law.
8 A failure or refusal to adopt standards by a local governing body by the deadline subjects its members to ouster.
This section is what governs the events needed to be addressed.
Section 5. Ethics Complaints. A County Ethics Committee (the “Ethics Committee”) consisting of various members shall be appointed to one-year terms by the County Mayor with confirmation by the county legislative body, to be appointed each year at the same time as internal committees of the county legislative body. At least three members of the committee shall be members of the county legislative body; one member shall be a constitutional county officer or, should no constitutional county officer be willing to accept appointment, an additional member of the county legislative body; and the remaining member may be either a member of a board, committee, commission, authority, corporation, or other instrumentality governed by this policy, or an additional member of the county legislative body. The Ethics Committee shall convene as soon as practicable after their appointment and elect a chair and a secretary. The records of the Ethics Committee shall be maintained by the secretary and shall be filed in the office of the county clerk, where they shall be open to public inspection.
Questions and complaints regarding violations of this Code of Ethics or of any violation of state law governing ethical conduct should be directed to the chair of the Ethics Committee. Complaints shall be in writing and signed by the person making the complaint, and shall set forth in reasonable detail the facts upon which the complaint is based.
The County Ethics Committee shall investigate any credible complaint against an official or employee charging any violation of this Code of Ethics, or may undertake an investigation on its own initiative when it acquires information indicating a possible violation, and make recommendations for action to end or seek retribution for any activity that, in the Committee’s judgment, constitutes a violation of this Code of Ethics. If a member of the Committee is the subject of a complaint, such member shall recuse himself or herself from all proceedings involving such complaint.
The Committee may:
(1) refer the matter to the County Attorney for a legal opinion and/or recommendations for action;
(2) in the case of an official, refer the matter to the county legislative body for possible public censure if the county legislative body finds such action warranted;
(3) in the case of an employee, refer the matter to the official responsible for supervision of the employee for possible disciplinary action if the official finds discipline warranted;
(4) in a case involving possible violation of state statutes, refer the matter to the district attorney for possible ouster or criminal prosecution;
The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and enforcing this Code of Ethics. When a violation of this Code of Ethics also constitutes a violation of a personnel policy or a civil service policy, the violation shall be dealt with as a violation of the personnel or civil service provisions rather than as a violation of this Code of Ethics.
Now, this is the main element of the Ethics Resolution adopted by Giles County that pertains to this situation. If you would like to read the entire document it is posted, as outlined in this document, on each county bulletin board in the courthouse.
Ouster law—T.C.A. § 8-47-101 sets out conduct that is punishable by ouster from office, including misconduct in office and neglect of duty.
8-47-101. Officers subject to removal -- Grounds.
Every person holding any office of trust or profit, under and by virtue of any of the laws of the state, either state, county, or municipal, except such officers as are by the constitution removable only and exclusively by methods other than those provided in this chapter, who shall knowingly or willfully commit misconduct in office, or who shall knowingly or willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state, or who shall in any public place be in a state of intoxication produced by strong drink voluntarily taken, or who shall engage in any form of illegal gambling, or who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such office and shall be ousted from such office in the manner hereinafter provided.
8-47-103. Investigation and institution of proceedings.
It is the duty of the attorney general and reporter, the district attorneys general, county attorneys, and city attorneys, within their respective jurisdictions, upon notice being received by them in writing that any officer herein mentioned has been guilty of any of the acts, omissions, or offenses set out in § 8-47-101, forthwith to investigate such complaint; and, if upon investigation such person finds that there is reasonable cause for such complaint, such person shall forthwith institute proceedings in the circuit, chancery, or criminal court of the proper county, to oust such officer from office.
8-47-116. Suspension pending hearing -- Filling of vacancy.
Upon petition or complaint being filed, praying for a writ of ouster against any of the officers herein named, and whether such action is brought by the attorney general and reporter, district attorney general, county attorney, city attorney, or by relator citizens and freeholders, the court, judge, or chancellor may, on application of the attorney general and reporter, the district attorney general for the state, the county attorney, city attorney, or relator citizens and freeholders bringing such action, suspend such officer or officers so accused from performing any of the duties of their office, pending a final hearing and determination of the matter; and, thereupon, the vacancy shall be filled as the law provides for the filling of vacancies in such office, and such person or persons so filling such vacancy shall carry on the duties of the office until such hearing shall be finally determined or until the successor of the officer so suspended shall be elected or appointed as provided by law, and shall have qualified.
8-47-117. Hearing on suspension.
No person shall be suspended under this chapter until at least five (5) days' notice of the application for the order of suspension shall be served upon such person, which notice shall set forth the time and place of the hearing of the application, and the officer shall have the right to appear and make any defense that the officer may have, and shall be entitled to a full hearing upon the charges contained in the complaint and upon the application for the order of suspension; and no order of suspension shall be made, except upon finding of good cause therefor.
8-47-101. Officers subject to removal -- Grounds.
Every person holding any office of trust or profit, under and by virtue of any of the laws of the state, either state, county, or municipal, except such officers as are by the constitution removable only and exclusively by methods other than those provided in this chapter, who shall knowingly or willfully commit misconduct in office, or who shall knowingly or willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state, or who shall in any public place be in a state of intoxication produced by strong drink voluntarily taken, or who shall engage in any form of illegal gambling, or who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such office and shall be ousted from such office in the manner hereinafter provided
This is the letter of complaint sent to the Ethics Committee Members, the County Executive and the Pulaski Citizen newspaper. The name and address of the writer has been withheld.
8 September 2016
County Executive Giles County
Members of Giles County Ethics Committee
Dear Mrs. Vanzant:
Please accept this letter as a formal complaint against Commissioner Tommy A. Campbell based on the charges recently brought against him by the TBI and District Attorney's office and which are currently pending in court.
Since a Motion was filed to continue the original arraignment date from yesterday until October 17th, this matter could continue for several months. Therefore, respectfully request the Ethics Committee of Giles County meet to possibly discuss suspending Mr. Campbell from all official duties as a County Commissioner until a decision is handed down through the courts, and that an interim Commissioner be appointed by the Legislative Body.
District 7 and the citizens of Giles County do not need to be under- represented until the charges against Mr. Campbell are resolved. Until some action by the Legislative Body is taken a continued pall hangs over our County Government and it is time to move on.
Since Mr. Campbell is a member of the Ethics Committee and by law is recused from discussion, I am not including him in distribution of this letter.
Thank you.
Sincerely,
posted by Allen Barrett | 1:47 PM
55 Comments:
Your question is not a hard one to answer. In fact, it can be answered in one word: ARROGANCE!
My friends, this is not rocket science. The mayor, the commissioners, and other elected officials, have been getting away with doing whatever they want whenever they want and no one, and I mean no one has stopped them. What else would you expect? Of course, it isn't from a lack of trying that's for sure.
The only way to deal with this is to get Nashville TV stations and/or newspapers to do an investigation of the corruption here in Giles county. It will be like a flashlight in a dark room… All the roaches will scatter.
What an idiotic post 5:02.
You need to be careful who you call by name in your post. Only the Ethics Committee members can call the meeting. Other commissioners have no say in this local problem.
What have YOU done to bring this in the open to the public. You have a responsibility as a citizen to complain and get something done. If you dont, keep your mouth shut and your opinions to yourself and let commissioners do thei job.
9:26 You think they are doing their job? If a police man or school teacher was charged of doing something wrong wouldn't they be suspended until it was cleared up? That's not saying TC is guilty just there are questions and he should be suspended in being a commissioner until proved innocent.
10:40- Do you think the Commissioners are responsible to ask TC to resign? Some of them may not even know he has been accused . Not their duty unless they are on the Ethics Committee. Being a Commissioner is not a JOB like being a policeman, teacher . It is an elected position and committee members are appointed. I dont understand your anger toward government. How many budget meetings did you personally attend when they were discussing the tax rate to balance the budget? All were open to the public but not one person was interested enough to say anything or attend until everything was finalized with Pollard, Adams and Carey voting No. If the budget had been voted down , the No votes would have created serious problems. The State would have stepped in and establish the new budget equal to last years budget. Giles County could not meet its obligations with last yeras money amount. Services and bills would go unpaid. No roads, no school, no anything! People would surel be bitching then.
In America a person accused is INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW no matter how guilty you think they are or how guilty they really are. Is this what you call Democracy? I suggest you study up a little on American Justice.
11:24 I never said a word about the taxes.
I think TC or any other commissioner that gets accused of a felony should be dismissed until proved innocent then reinstated. Being a commissioner is a job they were elected to do even if it isn't going to a factor, being a teacher or policeman. Yes I think the other Commissioner and VanZant should suspend TC.
To the 11;24pm 12 Sept. poster:
You certainly don't seem to give Commissioners much credit for knowing what's happening in their county. Is it not the responsibility of every citizen to try and make our county a great place to live? Is it appropriate and productive to have a commissioner charged, not just accused, but charged by a District Attorney and a Grand Jury, of crimes beyond the level of disgust for most citizens, sitting on Boards, Committees and the Legislative Body of Giles County? Should such a Commissioner be allowed to represent this county at state wide meetings of government officials?
Whether the official is elected or appointed the law requires certain levels of behaviors. If an elected clerk was charged with stealing money from their office would you advocate they remain in that office with the same access to the money? The thing you seem to not understand is that the law allows for a person in such a position to be removed via “suspension", then if found not guilty that person has the suspension lifted and goes back to work. The suspension is not an admission of guilt nor is it considered in the decision to be made by a court.
Your comment , “INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW no matter how guilty you think they are or how guilty they really are. Is this what you call Democracy? I suggest you study up a little on American Justice.”
Let me offer a simple civics lesson, this is not a democracy, it is a “Constitutional Democratic Republic”. A judgement of guilt or innocent doesn’t necessarily have anything to do with common sense. Common sense says that a “charged” child molester should not be hired as a daycare worker. Common sense says a police officer that is involved in a shooting is suspended until the facts determine what happened. Common sense says that a commissioner “charged” with such a notorious crime should not continue to represent the people or county until after the charges have been dismissed. Commissioner Campbell should be “suspended” until after these charges have been adjudicated.
Your blanket statement about the Budget Committee Meetings is very naive. I attended the Budget Meetings as did a number of other citizens. Your understanding of what happens in a Budget Committee Meeting shows that you have not attended or you would know that citizens were not allowed to ask questions of make any comments. I tried to speak and denied. I was even denied the opportunity to speak at the Public Hearing on the Budget. The idea that the state will step in and make a budget if the county doesn't is just plain wrong. The state requires a balanced budget and if the one that was adopted by the county had been rejected the county would have been required to operate under a "continuing budget" meaning that the same spending budget from last year would control operations, it would not have one bit of impact on the amount of money collected. By the way, I'm sure you are aware that even without any increases to the property tax rate the amount of money collected from property taxes has increased every year for at least the last ten years. The reason the new budget was not balanced was the result of overspending not under collections.
Allen, I sure hope that you were typing your response slowly so that 11:24 could understand your response.
Is 11:24 a commissioner that don't know what he/she should be doing or and angry relative of one?
11:24 "some of them may not even know he has been accused", I'm glad you realize some of the commissioners are out of touch.
"Some of the Commissioners are out of touch" because they dont stick their nose in other people's business" unlike you posters here!
The Nashville TV News stations, all four, carried the story tonight of State Representative Jeremy Durham. Today the State House of Representative voted to expel him from his elected position. He has not had any criminal charges or any other official charges lodged against him nor has he been found guilty of any crime, yet he was ousted. So if a legally elected State Representative can be removed from office without one single legal action taken against him, no charges, no trials, no court appearances, no convictions why can't a County Commissioner be "SUSPENDED" until his criminal charges have been adjudicated by a proper court?
I fear it is more a matter of will than way, for clearly the Tennessee Code Annotated provides a way it's just a matter of finding the will to follow the law.
Because this is Giles County and this is the way that it has been done for over 200 years and you need to learn to love it because it is not going to change! When elected or appointed to a position of trust here in Giles County we band together and protect one another, and screw anybody who gets in our way! Now put that in your pipe and smoke it.
I don't feel like this by any means and I am not an elected official. Unfortunately I have witnessed the actions and heard statements from the mouth of those named that has supports the fact there are too many people that are elected and appointed to positions of trust in good ol Giles County that have this attitude.
Is there not one elected commissioner that has the backbone to do what is right? Then again maybe Campbell has something on them.
We have had and still do have some very fine elected Commissioners. Yet, the majority are in a clique that holds tight their death grip on power. when will they ever learn that they are servants to the people? The answer is never. Unfortunately it is the people who must rise up and demand action. when the citizens of Giles County sit on their collective asses and do nothing; then, the Commission and especially the County Executive, will correctly believe that what they are doing (or not doing) is approved by the citizens.
The following was quoted during yesterday' s State Legislative session when Rep Durham was ousted:
"This ain't Camelot up here, and this is not a court of law. I believe that the constitution and the rules give us the authority and the right to do exactly what we have done in the past, and where we are right now. It is our duty to vote on this. I for one have been appalled at some of the arrogance that I have seen displayed by this gentleman."
This definitely pertains to Giles County
If they can kick a pervert out of the state house why can't a pervert be kicked off the county commission. Campbell has been an embarrassment for years now he is even worse, looks like even Vanzant would want him out since he is a reflection on her to.
Anonymous Anonymous said...
"Some of the Commissioners are out of touch" because they dont stick their nose in other people's business" unlike you posters here!
Tuesday, September 13, 2016 7:08:00 PM
It's time they got in touch with what is going on or resign them-self. Seems you think everyone should set back and let TC or any other commissioner do what ever they want. TC's not the only commissioner that is looking outside of his marriage bed for his fun. The problem there is he's not looking at a under age girl.
9:07 What you are talking about is none of our business if it does not directly affect us personally. That is their business .
Keep your own house in order before you start digging in someone else personal business.
Look in the mirror and criticize that person before you trash others. Have you ever attended a church or read a Bible? Might do you some good with your attitude.
To the 8:42am 15 Sept. poster. Yes, I have attended church and read the Bible and while personal business should remain private what is done in public by public officials is an altogether different issue. It is the business of every citizen to be involved in their government and to demand that those chosen to represent them do so in a honorable and responsible way.
It is complete foolishness to think a responsible citizen should not be concerned and actively involved with the system that governs them. It is equally foolish to not demand the highest standards from those who represent us.
The futility of trying to impart wisdom to a fool is the basis of Proverbs 26:4-5,
Mr Barrett,
Were you present when the Commissioner committed is immoral acts? Were they in private or public in front of you and others? If not, it was jHIS PRIVATE BUSINESS EVEN THOUGH IT WAS WRONG.
Yes, every adult citizen should be involved in their government by voting especially. But that isnt the case in Giles County where only about 15 percent of registered voters even care to go to the polls. You cant help stupid or lack of interest!
Seems that Tommy Pollard has the guts to call an Ethics Committee meeting on Sept 29th
Finally the ETHICS COMMITTEE is stepping up. What was their problem waiting so long? Is Pollard the chairman?
Pollard is the chairman
To the 12:25 15 Sept poster. No, of course I was not present when "the commissioner committed is immoral act" had I been it would not have been committed. Does a crime committed in private any less of a crime. if it is then why are people prosecuted for such things as rape, spousal abuse, child abuse etc, etc? When a public official commits a crime of moral turpitude the law provides for their ouster OR suspension. I have not said at any time that Commissioner Campbell, or anyone else for than matter, should have ouster proceedings taken against him, that is something to be considered if he is found guilty in a court of law. What I have said and continue to say is that he should be suspended from his position as commissioner and all his duties as a commissioner until after the matter of his guilt or innocence has been adjudicated by a proper court of law. If he is found innocent then he would be restored to his position and if found guilty he would be removed permanently. I certainly agree that the voting percentage is very low in Giles County, as it is in many other areas where the people have more or less given up. It is a sad situation but I believe if more people got involved in different matters then that interest would bring them to the polls, I fear that many local politicians are very satisfied with the low turn out.
If a teacher or police officer had done this they would have been suspended until proven guilty or innocent. It doesn't matter whether it was in private or not if you think it's ok just because he did it where no one saw, you are sick. From my understanding it was in a business and with a girl under 16.
4:41 no incident like this is ok under any circumstances! Do not label me as saying its ok. I am not stupid like TC and the 16 year old. She should have said No also. Half her fault too.
Victim blaming? You are trash. I knew someone would do it. Seems par for good old Giles County.
5:27 is typical white trash... Blaming a 16 year old. That is the attitude that enables these perverts to go unpunished. That reasoning would also blame TC's wife for not putting out for him. Yeah...real bright!
7:22 Yes the 16 year old could be blamed too you idiot.! Why did she go in his office asking for money and offer sex for payment. Thats when you blame the "victim" you trashy moron! Get a brain! Ever heard of saying NO and meaning it? If you dont say no you are agreeing to the situation.
A 16yr old is still a child dumbass. It's up to the adult to act like an adult. I'm sure you would defend the perverted TC if it were your child. Moron.
6:03 one would assume from your post that you are a witness or have proof, otherwise why would someone post such defamation of a minor. Are you TC? You make statements that we are supposed to take as truth so present your proof or accept you are just disgusting trash.
Is 6:03 Bobby White?
Nope. With the rumors that are floating around town about him why would my post bashing you in regards to you being scum for attacking a minor take you to Bobby White. Are you that piece of crap that used to refer to itself as a good Christian gentleman until everyone kept calling you out on your lies and hypocricy?
My apologies to 6:58 for the 8:08 Post. I confused the times of the posts. My brain pulled a Hillary.
10:19 Why did you have to act like a moron? I was agreeing with you until the last word making you look bad.
Monday, September 19, 2016 3:38:00 PM, if you can think of a more apt description for the poster I was referring to, be my guest. I just call it like I SEE IT.
From Shirley Proud
Facts as I know them:
I wrote the letter of complaint to the Ethics Committee and hand delivered on Sept. 8th to Mrs. Vanzant who stated she had been waiting for such input as she had received several verbal complaints prior to, but nothing in writing. Also, hand delivered to Janice Curtis' office same date. Mailed to commissioners David Adams, Tommy Pollard and Rose Y. Brown. Pollard received his copy on the 9th, Ms Brown and Mr. Adams on the 10th, Ms Curtis on the 12th. Hand delivery gave ample time for an Ethics Committee to be called and to comply with the Sunshine Law. I called Mrs. Vanzant on the 12th to ask if an Ethics Committee had been set and was told Sept. 29th at 9 a.m. in the annex as attorney Chris Williams would not be available until that date. Mr. Williams was chosen as county attorney this morning at the full commission meeting.
Several days ago prior to calling Mrs. Vanzant regarding the setting of the meeting, I was told by an Ethics Committee member that Mr. Williams would be speaking to the committee as to why they cannot suspend Mr. Campbell.
Mr. Barrett has provided copy of the Suspension Law. Please read it.
The Ethics Committee also has the option of turning this matter over to the full commission for public censure, if they so chose.
The reason I wrote the letter is because even though, according to the law, the Ethics Committee could have taken some action under their own initiative, they elected not to do so until they received a written complaint. Once a letter is received by that group the law forces them to meet and discuss the matter.
Though I walk through the valley of Giles County; I shall fear nothing for I am Tommy Campbell and have the full protection of the County Executive and many of the County Commissioners. No one is going to do anything to me for I am all powerful and everyone is scared shitless of me. I shall continue to be what I am and have always been. The County Attorney is going to take the easy road and make no waves.
I noticed at today's meeting TC wasn't put on any committee.
I'm a little late to this discussion but the very first post seems to summarize this whole thing. ARROGANCE! And by the way, it's not only with elected officials but seems to be pervasive with a lot of different leaders.
Case in point I was once in a store and heard this nicely dressed Guy talking to a group of men. He was discussing the grades certain students were earning. He was using their actual NAMES!
After the conversation ended I asked one of the guys who that person was. He said "oh that's the President of Martin."
Of course that's a violation of not only state law but also federal laws that deal with privacy. But clearly that doesn't make a difference here in Giles county. I asked myself "what would make a person do something so blatantly wrong?" The answer is simple: ARROGANCE! The belief that rules/laws don't apply and "who's going to stop me?" Sound familiar?
Guess he didn't figure that somebody like me would hear… someone who knew the law.
Commissioner Campbell was placed on the Audit, Building and Public Service committees. This is a reduction in the number of committees he has historically been on and he was not elected chairman or vice chairman of any committees.
Looks like they have no intentions of dismissing until proved innocence or guilty.
There also seems to be some things going on behind the scenes between Campbell and Williams, and Terry Harwell seems to be the go between. Something truly stinks. I don't trust Williams and have witnessed him conspiring with criminals while they were engaged in criminal activity. But due to the corruption that has run rampant through our local law enforcement, DA's off, and with Sam T. Collin's tenure as full time appointee as grand jury foreman, nothing could be done.
These people are criminals.
Wow! 10:43 This is information I have never heard of. Are you sure about this?
I guess time will tell as the complaint is in the process of being filed against Mr. Williams and his conspirators.
According to T Pollard the ethics committee cant suspend TC because they could each get sued. WRONG!!! If they vote on anything as a group committee they cant be sued as individuals. Pollard needs t do his research and not believe everything he is told.
Was he advised on this by Chris Williams?
Chris Williams is sticking his nose into this and at the bidding by Vanzant who wants to protect Campbell. I suggest that Pollard request Williams quote TCA chapter and verse and demonstrate how the County Committee can be sued. In civil court, maybe, but Williams would then have to defend the County and he is Campbell' s best friend..
Can you say conflict of interest?????
Why did Vanzant demand he become the County Attorney????????
Of course if Campbell has any honor he would step down.
That is a pipe dream
If Campbell had any honor he would have been gone long ago but here he is and he plans to stay and why not when you have the powerful Vanzant protecting you and Williams lying to the commissioners.
So now TC is off the ethics committee do that mean he will be at the meeting on the 29th so he can listen to what thr committee wont be doing to him?
If he should be convicted will the still let him stay a commissioner?
The chicken shit commissioners will do what Vanzant tells them yo do. They ain't gonna do nothing unless they gets the Ok from Vanzant. The 7 district always has the worst people with Campbell, Terry Harrell, and the guy from the bank that had to leave town cause he couldn't keep his britches zipped up and Coleman who stole money from the county. No body gets punished for doing wrong just for not doing what Vanzant say.
10:34 You are a brainless idiot! Why dont you tell the"chicken shit commissioners" to their face what you think instead of being a full fledged COWARD and hide behind your Anonymous post! That is proof you are "chicken shit"!!!!
If you were educated a little, you would know that the commissioners have nothing to do with the TC issue! Just idiots like you who probably do the same thing as TC, BW and BH. What have you done about the issue but BITCH like a hs slut?
WOW, someone must of got their toes stepped on to get so upset. Anybody know who the BH, he's talking about is? Think I missed something.
Is this the average action of people in Giles County like 12:56?
You betgha
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