From Yester Year Files - What's the Basic Malfunction of Hardin County -

Things have not changed so this is still relevant

September 12, 2002

From The Desk Of
T. G. (Ted) Cook

What follows is an excerpt from a letter that I sent to the prior group of Commissioners and the former County Executive in September 1999. After reading the article in the current issue of the Courier, I feel the point should be made again.

Dear County Commissioners and County Executive,

James Madison had some ideas about how to keep the government in line when he suggested dividing power between three separate but interconnected branches. These branches would each have separate duties and responsibilities, but would also have the ability to check the authority of the other branches through a system of safeguards written into the Constitution.

This letter is sent to you to encourage you to consider the ‘intent’ of the following statute:

• Tenn. Code. Ann. - Counties - County Legislative Bodies - Part 1 - Substantive Provisions
  §5-5-103. Officers.
• (a) In counties electing a county executive as provided in §5-6-102(1) and (3), there shall be a chair and chair pro tempore.
• (b)(1) The legislative body, at its first session on or after September 1 of each year, shall elect from its membership a chair and a chair pro tempore; provided, that the county legislative body may elect the county judge or county executive to be its chair; provided further, that such election shall confer no additional powers or authority to the chair so elected other than as presiding officer that are not otherwise provided by law. (Emphasis Added)

On December 10, 1998 I noted in a letter to each of you the following:

Over the years the 20 member County Commission have come to relied on the County Executive to administer the affairs of the County Commission by an almost ritualistic election to the office of Chairman of the County Commission. Over the year this reliance has evolved to an abdication of responsibility by those County Commissioners who take the position that "I have to rely on the Chairman/County Executive" because he has looked into it. Or "I have to go along" with the Chairman/County Executive and the Sheriff because they know what they want to do.

This reliance violates several fiduciary responsibilities of the individual Commissioners, the primary being the check and balances system of oversight. The County Commission as an entity has the oversight responsibility for the County Government including the County Executive and Sheriff. In Hardin County the question can be asked - Where is the oversight when the Chairman and the County Executive are one and the same?

In your position as an elected representatives of the people of Hardin County, I call upon you to stand up for what is right. Your only other choice, as I see it, is to keep living on your knees. I call upon you to insure that the most basic values of Government are provided to the citizens of this County . That The Separation of Powers Doctrine be adopted by the County Commission and that you look first within your membership, as required by the above statute, for your Chairman.

As noted in the above statute, the only duties of the Chairman is to preside at your meetings and as noted in section (g) -

• In the event the county executive is absent or intends to be absent for more than twenty-one (21) days, or is incapacitated or other wise unable to perform the duties of the county executive’s office, the county legislative body shall appoint the chair to serve until the absence or disability is removed. . . . While the chair is serving as county executive, the chair pro tempore shall preside over sessions of the legislative body.

Originally, our founding fathers envisioned a government Of the people, By the people, and For the people, that included a checks and balance on governmental powers.

The Separation of Powers Doctrine basically states that there shall be a separation between the three branches of government, i.e. Executive, Legislative and Judiciary. Neither branch could exercise the power of the other." THOMAS JEFFERSON, 1821


Respectfully re-submitted for your consideration
T. G. (Ted) Cook

P.S. Maybe, just maybe, we can get-r-done this time.