Since when is an appeal heard by the exact same judge who made the ruling that is being appealed?
That is unheard of and stinks to high heaven of corruption.
It's a clear conflict of interest and should be heard by a different judge, as all appeals are.
Especially given the obvious, which is the judge who handed down the original ruling, Circuit Court Judge Jeff Hollingsworth, has a vested interest in appearing correct with his original ruling.
What judge in their right mind would overturn their own ruling?
Doing so would be he equivalent of admitting incompetency in applying the law in their original ruling.
Judge Jeff Hollingsworth should recuse himself from this and a different judge should make the decision.
One capable of objectively looking at the Tennessee Code Annotated 2-5-151 cited in the above comments, and applying it properly, which Hollingsworth failed to do.
There's no way on God's green earth that Hollingsworth can rule on the appeal with true impartiality. Anyone with an ounce of common sense can see that.
Tennessee Code Annotated 2-5-151.
Petitions for recall, referendum or initiative.
(a) Any governmental entity having a charter provision for a petition forrecall, referendum or initiative or any person acting pursuant to such charter provision shall meet the requirements of this section.
(skip to (d) covers number required)
d) Petitions shall be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county. The disqualification of one (1) or more signatures shall not render a petition invalid, but shall disqualify such signatures from being counted towards the statutory minimum number of signatures required in this section.
(Except that....skip to (j)
(j) This section shall control notwithstanding any statutory provision or charter provision of a municipality or county to the contrary; provided, that any contrary charter provision of a municipality or county which is enacted after July 1, 1997, shall control with respect only to the requirements set forth in subsection (d) relating to the statutory minimum number of signatures required in a petition.
Therefore the City Charter "Shall Control"
I'm glad the recall movement did this, because Judge Jeff Hollingsworth ruled incorrectly.
Judge Hollingsworth ignored an entire passage of TN state law, which states explicitly that if a city has a recall provision in their charter, and Chattanooga's city charter does, then the city's provision and required numbers for a recall will control the State provision, relating to the statutory minimum number of signatures required in a petition.
Therefore the City Charter "Shall Control"
Now you may think I'm "cwazy", yet here's a thought.
This audit will cost the taxpayers money.
CPA's cost almost as much as attorneys per hour, and there are several on the city audit committee.
The audit would not be necessary if Ms. Crutchfield had not exercised such poor judgment.
Mayor Littlefield already stated and admitted she showed poor judgment by working on a personal project on city time, and she admitted that she did work on a personal project on city time.
Richard Beeland said she showed poor judgment.
Heck, America, the whole city council said she showed poor judgment.
So wouldn't the right thing to do "be" hold her accountable for her poor judgment by making her pay for all the auditing expenses the city incurs, because of her poor judgment out of her city salary?
Given that none of this would have happened if it wasn't for Ms. Crutchfield's poor judgment, make her reimburse the city for the full cost of the city audit, any external third party audit, and tack on the hours she and Ms. Turner wasted on city time working on BE magazine too, while your at it.
I mean heck America, she brought this on her own head, with her poor judgment, now she has to do the grown up thing and take the consequences of her actions.
Nessa? Jordan? you payin' attention? Actions and poor judgment have consequences, that's the lesson we want our children to learn from this, right?
Hey, Y'all here's a thought.
Tuition, other fees and books per semester for in state students at Chattanooga State is around $2000 per semester, $4000 per year. (assuming a maximum load of 21 credit hours of classes per semester at around $1,500 plus additional fees, and books, to finish in exactly 2 years)
So for roughly about $10,000 one can earn a degree at Chatt-State.
If the City really wanted to do something of substance for education, then for the $100,000 plus they pay Missy a year, they could easily put 10 students through college on a full scholarship.
For the $2,000,000 plus annual budget of the EAC they could put
another 200 students through college on a full scholarship each year.
I means seriously if the city is going to spend over $2,000,000 of our money paid into taxes on a so called "education" department, wouldn't creating 210 more college graduates each year be of much greater benefit to the community than tossing up glorified lawn gnomes, letting a washed up, failed, B-movie actress perpetuate her delusions of grandeur with her film commission, put on fluffy little education plays where she gets to play director, and her "hobby" for profit, Oprah wanna-be magazine on the tax payers dime?
I tell ya, they are all in cahoots!
Now you know I have to keep it PG-rated in here, but I'm gonna keep it real to, and I know some foul, corrupt, bull when I see it.
Y'all need to get a big shovel and clean that nasty stuff out of your city's government.