Rutherford County Mayor Joe Carr was forced to veto an unlawful resolution this past Friday, that would have allowed the County Commission to appoint its own members as alternates to the Ethics Committee.
The resolution was passed by the Steering Committee on February 2 with a 7-0 vote and by the Commission on February 12 with a unanimous vote.
“Based on advice from County Attorney Nick Christiansen, I am forced to veto this resolution,” Carr said. “I will not knowingly sign an unlawful resolution. I requested research from the Chief of Staff, which clearly revealed the Steering Committee and County Commission’s error. I want to thank Mr. Hennessee and Mr. Christiansen for assisting me in avoiding the enactment of an unlawful resolution.”
According to T. C. A. § 5-6-106 (c) “Except as otherwise provided by general law, or special or private act, the county mayor shall appoint members of county boards and commissions …” Such appointees shall be subject to confirmation by the county legislative body, and in so doing, the legislative body may express its views fully and freely and shall vote for or against confirmation.”
According to a County Technical Assistance Service (CTAS) interpretation, “If the statute provides for a board to be elected/appointed by the county legislative body, then the members of the county legislative body cannot serve on this board unless specifically authorized by statute. It violates public policy for an appointing body to confer office upon one of its own members.”
This is the second veto from Carr in less than 3 years, following the first in May 2024, which opposed the P.E.A.Y. rename of the Kittrell Public Health and Safety building amid public outcry that included over 700 signatures on a petition.
Carr said, “This is just another instance of the Steering Committee Chairman playing politics and putting his personal political aspirations before the county’s interests.”
Please Join Our FREE Newsletter!
