Wednesday, July 4, 2012

Council should not fill the Arriola vacancy

by Ken Jakes

Ken Jakes
I just sent this email to all Members of the Metro Council in Davidson County.

Members of the Council, 
 It appears to me that the council is attempting to replace John Arriola's Office by appointing an Interim County Clerk to serve until another is elected by the people.
I see things lining up as usual politics in Nashville.

TCA 18-6-115 Clearly states that the Chief Deputy can serve in the full capacity as Davidson County Clerk until such time as a new Clerk can be elected by the people.
Metro Charter Provision Section 8.118 Clearly states the Chief Deputy shall have the powers and duties and liabilities of the County Clerk.

The present Chief Deputy Mike Taylor has served over 35 years in the Clerks Office, under four different Court Clerks. Surely, he should have the experience, knowledge, and capabilities to run this office for the short time until a new County Clerk can be Elected by the people.

I will post the Charter Provision and the State Statue for your review below.

Check with Legal to confirm the accuracy of this information.

Thank you,

Ken Jakes.

TCA 18-6-115. Vacancies.

If the office of the county clerk becomes vacant due to death, resignation or removal, the duties of the county clerk shall be temporarily discharged by the chief deputy, or deputy designated as temporary successor by the county clerk in writing, until a successor county clerk is elected or appointed and qualified according to law.

HISTORY: Acts 1993, ch. 315, § 19

Metro Charter Provision

Sec. 8.118. - Powers and duties of county court clerk.

There shall be as an independent agency of the metropolitan government, the office of county court clerk, the head of which shall be the county court clerk, elected for a term of four (4) years as provided by the constitution and the general laws of the state. The county court clerk shall be furnished with such deputies, office personnel, material and supplies as he may need for the proper functioning of his office and as may be provided by ordinance and within his annual budget appropriations. Deputies appointed by him as approved in rulings by chancery court shall have the powers and duties and liabilities of the county court clerk. All employees of the county court clerk, other than these deputies, shall be employed in accordance with civil service regulations. Nothing in this Charter is intended or shall be construed to alter or affect the powers, duties and responsibilities of the county court clerk as a collector of state privilege licenses or other state revenues or as the clerk of the probate court or monthly county court. However, all fees, revenues, incomes, commissions, emoluments and prerequisites of the office of county court clerk shall accrue to the metropolitan government and shall be deposited with the metropolitan treasurer daily, except as otherwise provided by ordinance.

Nothing in this section shall be construed as authorizing or empowering the county court clerk to assess or collect such taxes as may be provided for in the division of tax assessment, division of property tax collections and division of collections of the department of finance.
Ken Jakes is a frequent critic of Metro Government and a citizen activist discovering and exposing government corruption and waste. He is a former and probably future candidate for public office.   

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