Lack of ethics complaints stalls action

By Joel Davis
of The Daily Times Staff

The newly established Blount County Ethics Committee declined Monday to investigate legal issues surrounding three commissioners because no complaints had been filed according to procedure.

Commissioner Wendy Pitts Reeves, who serves as chair of the committee, had placed matters concerning herself and Commissioners Mike Lewis and Bob Proffitt on the agenda, but because nobody had actually filed any formal complaint with the Ethics Committee that body chose to take no action.

“The proper procedure hasn’t been met,” Commissioner Joe McCulley said. “We should have somebody file a complaint before we investigate.”

On Oct. 19, County Mayor Jerry Cunningham forwarded a memo to Blount County Commission members containing legal opinions drafted by a County Technical Assistance Service lawyer that could potentially affect the eligibility of Proffitt and Reeves to serve on the commission because they are health-care providers through Highlands Health Partnership, which refers county employees to local doctors for health care.

Reeves previously said no conflict exists but that she would not renew her contract with Highlands in regards to Blount County government.

A previous opinion by Tennessee Attorney General Robert E. Cooper Jr. indicated that Lewis could face possible ouster because of holding shares in GreenBank, which provides financial services to the county.

In the interim, Lewis transferred ownership of his stock to his wife, saying he believes its satisfies the letter of the law that could have made it illegal for him to serve.
If somebody files a formal complaints, the Ethics Commission could then act, Vice Chairman Ron French said.

“Tomorrow somebody may file a complaint,” he said.

Reeves, who first questioned whether Lewis would have a possible conflict of interest serving as a member of the Blount County Purchasing Commission because he is a GreenBank employee, does not intend to file an actual ethics complaint against Lewis.

“I took it to the commission in July and the commission didn’t want to deal with it,” Reeves said.

There is no indication that an actual complaint will be filed against either Proffitt or Reeves, either.

“I’m waiting on the Attorney General’s opinion, but that (doesn’t) mean that I will file a complaint,” said County Commissioner Scott Helton, who had brought up the possibility of Reeves having a conflict of interest at a previous commission meeting.

In the letters that Cunningham forwarded to the commissioners, CTAS lawyer Stephen Austin wrote that T.C.A. 12-4-101 (b) requires any public official “indirectly interested” in any such contract must publicly acknowledge a conflict of interest.
“It is my opinion based on the facts as I understand them to be that the commissioners in question have an ‘indirect interest’ in the contract that the county has with Highlands Health Partnership,” he wrote. “Under T.C.A. 12-4-101 (b), they must publicly acknowledge this indirect interest prior to voting on the contract. Failure to do so would constitute a violation of T.C.A. 12-4-101 (b).”

Reeves, who was elected in November, has not voted on any contract with Highlands. In January, she resigned from the Human Resources and Insurance Committee to avoid voting such a possibility.