Hamilton County’s attorney and commissioners said the state open records attorney gave them a green light to begin conducting private interviews with fellow commissioners about their interest in replacing Hamilton County Mayor Claude Ramsey.
But on Tuesday Elisha Hodge, attorney for the Office of Open Records Counsel, contradicted county attorney Rheubin Taylor’s and commissioners’ claims that she shared her opinion about whether commissioners could interview one another. She has not expressed an opinion one way or the other, and does not plan to.
“I did not issue an opinion,” Hodge said.
On Wednesday morning, Commission Chairman Fred Skillern said Hodge indicated to him personally that the commission could proceed with private interviews.
“She didn’t give it to me in writing,” Skillern said. “When I got through talking to her, it was my understanding we could.”
Taylor said Monday Hodge did give an opinion that commissioners could conduct private interviews and that became the basis for the reversal of an earlier opinion he issued to commissioners saying private conversations between them concerning the vacancy would be a violation of the state’s Sunshine Law.
Hodge said she simply e-mailed commissioners a case from 1986 from the Tennessee Appeals Court that she felt covered Taylor and commissioner’s questions about whether they could conduct private interviews.
Taylor said what he meant to say was that Hodge had shared the case law with him.
“That’s what I’m saying now,” he said.
He said Hodge would not need to issue an opinion because she can not contradict established case law.
“The case has never been overruled,” he said.
However, Commissioner Larry Henry, who said he’s interested in the job, thought Hodge had issued an opinion.
“I was not aware of that,” he said when informed of Hodge’s statements. “I want to play by the rules. I’m not going to be talking to commissioners until I find out for sure we can do it.”
The case in question, Jackson v. Hensley, deals with an issue out of Roane County concerning the filling of a vacancy in the county trustee’s office. In 1984, the Roane County trustee resigned and appointed an interim trustee. A county commissioner there contacted his fellow county commissioners and asked for their support in appointing him the new trustee, according to information Hodge provided.
The court found that because the commissioner accepted the nomination, he ceased to be a voting member of the commission and therefore did not violate the Sunshine Law by contacting other commissioners and asking for their support.
For complete details, see tomorrow’s Times Free Press.