| LARRY BURRIS: Let sunshine in, let it shine |
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By: LARRY BURRIS, Post Columnist
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Posted: Sunday, September 5, 2010 7:43 am
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It’s not often folks in Middle Tennessee get to see Constitutional issues played out right in front of our own eyes, but the Rutherford County Election Commission is certainly giving us the chance.
And somehow I bet other county officials wish the problem would just go away.
Every since the Republican party took over the Election Commission there has been constant conflict between the election administrator, Hooper Penuel, and members of the commission.
First there was a lawsuit, then Penuel almost replaced, then he was fired.
Then there was the debate about who should pay the legal bills.
Now Penuel’s attorney is saying it was the commission that made the mistake for which Penuel was fired, and that the commissioners should resign.
OK, all of that just sounds like politics as usual.
What is the Constitutional issue?
Under Tennessee law all government business has to be conducted in the open, hence the name “Sunshine Laws.”
As you might expect, many government officials aren’t very happy about the public knowing what they are doing, so they make all kinds of efforts to hide what they are doing.
In the case of the election commission, it seems Republican members allegedly held telephone conversations about their actions before the official, public meeting at which Penuel was fired. Unfortunately for them, the Tennessee Sunshine Law is very clear on this point: Officials can’t secretly get together to secretly discuss the public’s business.
So the election commission met again, earlier this week, and decided Penuel should be put on paid leave.
And the commissioners also want to have yet another meeting so Penuel can explain the actions for which they fired him in the first place.
Interestingly, the commission adjourned without setting a date for the hearing, but the process has become so contaminated the best thing to do is simply let Penuel serve out his term.
All of this because the commissioners didn’t follow the Sunshine Law.
Believe it or not, all of these political machinations are a victory for the citizens of Tennessee.
Once again, politicians have learned they can’t conduct the public’s business in secret.
Beyond that, the public has seen them waste the public’s money by having to schedule another meeting.
By the end of the day, the results may be the same.
But at least this time the public will know what in the world is going on.
Like they are supposed to. |
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